Filed Date: Aug. 10, 2021
Case Ongoing
Clearinghouse coding complete
On August 10, 2021, the Department of Justice, Civil Rights Division announced that it had reached a settlement with the New Jersey Department of Corrections regarding conditions at the Edna Mahan Correctional Facility for Women. At the same time, it filed a lawsuit in the U.S. District Court for the District of New Jersey, requesting that the court approve and enforce the purposed consent decree. DOJ had opened a Civil Rights of Institutionalized Persons Act (CRIPA) investigation into the facility in April 2018 based on allegations that the prison failed to protect prisoners from sexual abuse by prison staff in violation of the Eighth Amendment.
The proposed decree would revise policies around sexual assault, prisoner supervision, camera management, staff and inmate relations, reporting sexual assault, prisoner education, cross-gender searches, protective custody, retaliation prevention, responses to sexual assault, referrals of sexual assault and staff reporting of personal relationships. Jane Parnell would be appointed as Monitor. Edna Mahan would provide the new policies to the DOJ and Monitor for feedback and thereafter adopt them within 1 year of the effective date of the consent decree. The consent decree would last for three years.
The court has not yet approved the consent decree and the case is ongoing.
Contemporaneously with the DOJ settlement, several plaintiffs who had previously been incarcerated at the facility reached a monetary class action settlement in New Jersey state court against the Department of Corrections. That case is in this Clearinghouse as A.F. & M.D. v. New Jersey Department of Corrections; Marianne Brown et al. v. New Jersey Department of Corrections; Tamasa Nobles et al. v. William Anderson et al.
Summary Authors
Jonah Hudson-Erdman (9/12/2021)
Kathryn Hurley (2/18/2022)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60120828/parties/united-states-v-state-of-new-jersey/
Campion, Michael E (New Jersey)
Clarke, Kristen M. (District of Columbia)
Dean, Kerry Krentler (District of Columbia)
Florio, Kelly Horan (New Jersey)
Garland, Merrick B. (District of Columbia)
Honig, Rachel (New Jersey)
Rosenbaum, Steven H. (District of Columbia)
Vera, Helen (District of Columbia)
Edwards, Christopher (New Jersey)
Active
Campion, Michael E (New Jersey)
Clarke, Kristen M. (District of Columbia)
Dean, Kerry Krentler (District of Columbia)
Florio, Kelly Horan (New Jersey)
Garland, Merrick B. (District of Columbia)
Honig, Rachel (New Jersey)
Rosenbaum, Steven H. (District of Columbia)
Vera, Helen (District of Columbia)
Edwards, Christopher (New Jersey)
Carpenito, Craig (New Jersey)
Dreiband, Eric S. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/60120828/united-states-v-state-of-new-jersey/
Last updated March 13, 2023, 3:04 a.m.
State / Territory: New Jersey
Case Type(s):
Special Collection(s):
Post-PLRA enforceable consent decrees
Key Dates
Filing Date: Aug. 10, 2021
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New Jersey Department of Corrections, State
State of New Jersey (Clinton, Hunterdon), State
New Jersey Department of Corrections (Clinton, Hunterdon), State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Issues
General:
Sex w/ staff; sexual harassment by staff
Affected Sex or Gender:
Type of Facility: