Case: Brown v. Warren

1:20-cv-07907 | U.S. District Court for the District of New Jersey

Filed Date: June 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This putative class action was filed pro se by eight inmates in the Cumberland County Correctional Facility on June 26, 2020. The plaintiffs were later appointed legal counsel and, in an amended complaint, sought safety and testing remedies in light of COVID-19. The parties later agreed on the appointment of a Special Master. As of October 2021, the Special Master has filed two reports and recommendations regarding the jail's COVID-19 testing procedures and cleaning supplies. …

COVID-19 Summary: This putative class action was filed pro se by eight inmates in the Cumberland County Correctional Facility on June 26, 2020. The plaintiffs were later appointed legal counsel and, in an amended complaint, sought safety and testing remedies in light of COVID-19. The parties later agreed on the appointment of a Special Master. As of October 2021, the Special Master has filed two reports and recommendations regarding the jail's COVID-19 testing procedures and cleaning supplies. The case is ongoing.


This putative class action was filed in forma pauperis in the U.S. District Court for the District of New Jersey in response to the COVID-19 procedures in the Cumberland County Correctional Facility on June 26, 2020, by five pre-trial detainees and three post-conviction inmates on behalf of themselves and all other similarly situated plaintiffs. The plaintiffs sued the warden and assistant warden of the facility, in addition to the deputy county administrator, for violations of the Fifth Amendment's Due Process Clause and the Eighth Amendment's protection against cruel and usual punishment in light of the facility's COVID-19 protocols. The case was assigned to Judge Noel L. Hillman.

The plaintiffs alleged that the defendants recklessly failed to mitigate the risk of the virus to the health and safety of the pretrial inmates, in contravention to the Due Process Clause. The plaintiffs also alleged that the defendants violated the Eighth Amendment by being deliberately indifferent to an unreasonable risk of serious damage to the convicted incarcerated inmates through a failure to test for the virus and a failure to provide personal protective equipment and cleaning supplies. The plaintiffs requested class certification, with the class consisting of all persons confined, in the present or in the future, at the Cumberland County facility. They divided the class into two subclasses: persons confined pre-trial and those confined in pursuant to a conviction.

The plaintiffs requested injunctive relief or a writ of habeas corpus requiring the defendants to reduce the inmate population and to ensure that each remaining inmate be housed in an individual room. They also requested that the Court appoint an expert to make recommendations regarding which class members should be released from confinement. The plaintiffs further requested increased supplies, including hand soap, paper towels, toilet paper, facial tissue, and hand sanitizer. To prevent further transmission, the plaintiffs requested immediate testing for those displaying symptoms of COVID-19 and those exposed to anyone who has tested positive for the virus. The plaintiffs requested that the Court ensure that individuals who have tested positive or have been exposed to the virus be properly quarantined in a non-punitive setting, for medical requests to be answered within an hour, and for an independent monitor to ensure compliance with each of these conditions. Lastly, the plaintiffs requested the full amount of the COVID-19 grant fund at the jail in the amount of $3.4 million, in addition to another $62 million in damages to be shared equally among the class members.

On July 16, 2020, the Court determined that the complaint stated a claim under 42 U.S.C. § 1983 and that the action warranted appointment of counsel from the civil pro bono panel. On September 21, the Court ordered the appointment of the Ferrara Law Firm to represent the remaining plaintiffs in the action. On November 20, the Court granted permission for the Ferrara Law Firm to withdraw from the case and for Fox Rothschild LLP to be appointed new counsel in the matter.

On January 29, 2021, four of the original plaintiffs being held pre-trial filed an amended complaint on behalf of themselves and all other similarly situated plaintiffs against the deputy warden and acting warden of the Cumberland County Department of Corrections. The plaintiffs reasserted their request for class certification with two subclasses, as in the original complaint. The amended complaint focused on four issues: the failure of the jail to provide adequate COVID-19 testing, the lack of access to personal protective equipment, the lack of hand sanitizer and cleaning supplies, and the jail's failure to implement social distancing policies. The plaintiffs again sued under the Fifth, Eighth, and Fourteenth Amendments and added another cause of action under Article I of the New Jersey Constitution, which protects inmates from cruel and unusual punishment.

In the amended complaint, the plaintiffs requested that the Court declare the defendants in violation of the U.S. and New Jersey Constitutions and again requested an independent monitor be appointed to monitor jail conditions. The plaintiffs also again asked for injunctive relief, in which they requested that the Court require the jail to provide N95 masks to each inmate, to require masks in all common areas, to implement physical distancing, to provide each inmate with hand soap and sanitizer, to provide adequate cleaning supplies, to conduct immediate COVID-19 testing for all inmates and staff, and to ensure that individuals having COVID-19 or having been exposed to the virus be quarantined in a non-punitive setting.

On the same day they filed their amended complaint, the plaintiffs also moved for a preliminary injunction on an order to show cause. The plaintiffs sought immediate relief, including N95 masks, a cleaning service or additional cleaning materials, nutritious food, social distancing, testing for COVID-19 exposure, and a neutral monitor to inspect the jail and recommend to the court other steps to be taken to protect the inmates. On February 1 2021, the Court ordered defendants to show cause why an order should not be issued providing the plaintiffs with their requested preliminary relief.

On May 13, the parties entered into a consent order after the Court conducted several evidentiary hearings. The plaintiffs and defendants agreed to add an additional inmate as a plaintiff and Cumberland County, New Jersey as a defendant. The parties additionally agreed that all relief would be in the form of class relief and that the Court would appoint a Special Master, to be paid for by Cumberland County, who would file a report regarding the adequacy of the COVID-19 procedures at the jail. The procedures under review would include COVID-19 testing and contract tracing, quarantining and isolation practices, the availability of personal protective equipment and cleaning supplies, and social distancing measures. The consent order provided that the appointed Special Master would file an initial report with recommendations within 45 days of the appointment. The Court appointed William J. Hughes, Jr. as Special Master on May 17, 2021. On July 2, 2021, the Court granted an additional 35 days for the Special Master to file his report.

On June 15, 2021, the Special Master filed a partial initial report and recommendation with the Court. The report focused on the narrow question of the procedures used to segregate, isolate, and quarantine inmates who are suspected of having COVID-19, have been exposed to the virus, or test positive for the virus. The Special Master recommended that the jail develop a formal written policy addressing the jail's response to COVID-19, containing procedures for testing, isolation, and quarantining. The report recommended that all new inmates be tested and that the jail create procedures to test symptomatic existing inmates. The Special Master also recommended required quarantining for inmates testing positive and that all who have been exposed to the virus are isolated from other inmates. The report recommended a wristband system for staff to identify isolated and quarantined inmates, with different bands for those who have tested positive and those who have been exposed to the virus.

On August 4, 2021, the Special Master filed a second partial initial report and recommendation with the Court. This report focused on the jail's use of Simple Green Cleaning Solution to protect against COVID-19, despite the fact that it does not protect against the virus. The report recommended that the jail immediately cease using the solution and that the jail be required to implement an effective disinfectant within 48 hours. The Special Master also recommended that the jail be required to stock storage lockers in each area of the jail holding inmates with cleaning supplies and personal protective equipment, including masks, hand sanitizer, gloves, disinfectant, and soap.

The case is ongoing.

Summary Authors

Nicholas Gillan (10/22/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17304169/parties/brown-v-warren/


Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Confoy, Karen A (New Jersey)

Ferrara, Michael A Jr (New Jersey)

Kalish, Paul W (New Jersey)

Pollock, Jeffrey Morrow (New Jersey)

Attorneys(s) for Defendant

Zeff, Gregg L (New Jersey)

Expert/Monitor/Master

Hughes, William J Jr (New Jersey)

Judge(s)

Donio, Ann Marie (New Jersey)

Hillman, Noel Lawrence (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Confoy, Karen A (New Jersey)

Ferrara, Michael A Jr (New Jersey)

Kalish, Paul W (New Jersey)

Pollock, Jeffrey Morrow (New Jersey)

Attorneys(s) for Defendant

Zeff, Gregg L (New Jersey)

Expert/Monitor/Master

Hughes, William J Jr (New Jersey)

Documents in the Clearinghouse

Document

1:20-cv-07907

Docket [PACER]

Sept. 27, 2021

Sept. 27, 2021

Docket
1

1:20-cv-07907

Complaint

Archie v. Smith

June 26, 2020

June 26, 2020

Complaint
2

1:20-cv-07907

Opinion

Archie v. Smith

2020 WL 3567249

June 30, 2020

June 30, 2020

Order/Opinion
7

1:20-cv-07907

Order

Archie v. Smith

July 16, 2020

July 16, 2020

Order/Opinion
44-1

1:20-cv-07907

Brief in Support of Order to Show Cause for Immediate Temporary and Preliminary Injunctive Relief

Jan. 29, 2021

Jan. 29, 2021

Pleading / Motion / Brief
43

1:20-cv-07907

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Jan. 29, 2021

Jan. 29, 2021

Complaint
47

1:20-cv-07907

Order to Show Cause Seeking Preliminary Injunctive Relief

Feb. 1, 2021

Feb. 1, 2021

Order/Opinion
87

1:20-cv-07907

Plaintiffs' Pre Hearing Memorandum

April 19, 2021

April 19, 2021

Pleading / Motion / Brief
126

1:20-cv-07907

Consent Order for Appointment of a Federal Rue 53 Master and Other Relief

May 13, 2021

May 13, 2021

Order/Opinion
146-1

1:20-cv-07907

Partial Initial Report and Recommendation of the Special Master

June 15, 2021

June 15, 2021

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17304169/brown-v-warren/

Last updated Aug. 5, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Received. NO FF/IFP (Attachments: # 1 Exhibit, # 2 Envelope)(cry, ) (Entered: 06/29/2020)

1 Exhibit

View on PACER

2 Envelope

View on PACER

June 26, 2020

June 26, 2020

RECAP
2

OPINION. Signed by Judge Noel L. Hillman on 6/30/2020. (cry, ) (Entered: 07/01/2020)

June 30, 2020

June 30, 2020

RECAP
3

ORDER directing the Clerk to administratively terminate this case and supply Plaintiffs with a blank IFP application; If Plaintiffs wish to reopen this case they shall notify the court in writing with 30 days of the date of entry of this Order etc. Signed by Judge Noel L. Hillman on 6/30/2020. (cry, notice and IFP's mailed) (Entered: 07/01/2020)

June 30, 2020

June 30, 2020

PACER

***Civil Case Terminated. (cry, )

July 1, 2020

July 1, 2020

PACER

Terminate Civil Case

July 1, 2020

July 1, 2020

PACER
4

Letter from SHAWN ARCHIE, SR. requesting to reopen this case. (gn ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
5

Letter from JOHN CLARK requesting to proceed in forma pauperis. (cry, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

REOPENING CASE: The Clerk is in receipt of the re 4 Letter filed on 07/08/2020 and hereby reopens the case for review by a Judicial Officer. (dpw)

July 10, 2020

July 10, 2020

PACER

Reopen Case - PLO

July 10, 2020

July 10, 2020

PACER
6

Letter from SHAWN ARCHIE, SR. (dmr) (Entered: 07/14/2020)

July 13, 2020

July 13, 2020

PACER

Filing fee received from KAMAL MARTIN: $ 400, receipt number CAM11504 (dd, )

July 14, 2020

July 14, 2020

PACER

Filing Fee Received

July 14, 2020

July 14, 2020

PACER
7

ORDER Directing the complaint to proceed; Directing Clerk to select an attorney from the civil pro bono panel, etc. Signed by Judge Noel L. Hillman on 7/16/2020. (rss, n.m.) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

RECAP

COMPLAINT against JODY HIRATA, RICHARD SMITH, CHARLES WARREN, filed by JEFFREY PAGLIONE, TODD FORD, JR, RAYMOND LAMAR BROWN, JOHN CLARK, SHAWN ARCHIE, SR, DESMOND RODGERS, KAMAL MARTIN, PHILLIP GAULT, JR. See 1 for docs(rss, )

July 16, 2020

July 16, 2020

PACER

Complaint

July 16, 2020

July 16, 2020

PACER
8

Letter from TODD FORD, JR. (cry, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
9

Letter from SHAWN ARCHIE, SR. (cry, ) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

Letter

July 17, 2020

July 17, 2020

PACER
10

APPLICATION to proceed IN FORMA PAUPERIS by RAYMOND LAMAR BROWN. (pr, ) (Entered: 07/22/2020)

July 21, 2020

July 21, 2020

PACER
11

APPLICATION to proceed IN FORMA PAUPERIS by DESMOND RODGERS. (pr, ) (Entered: 07/22/2020)

July 21, 2020

July 21, 2020

PACER
12

Letter from TARA D. SIMMONS-ARCHIE addressed to Judge Hillman re: Power of Attorney. (dmr) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
13

APPLICATION to proceed IN FORMA PAUPERIS by JEFFREY PAGLIONE. (cry, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
14

APPLICATION to proceed IN FORMA PAUPERIS by JOHN CLARK. (pr, ) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
15

Mail Returned as Undeliverable. Mail sent to PHILLIP GAULT, JR. (cry, ) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
16

MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 9/2/2020. (dmr)(n.m.) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

RECAP
17

ORDER directing the Clerk to terminate Plaintiff Phillip Gault from this case pursuant to L. Civ. R. 10.1, etc. Signed by Judge Noel L. Hillman on 9/2/2020. (dmr)(n.m.) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Opinion AND Memorandum

Sept. 3, 2020

Sept. 3, 2020

PACER

Order

Sept. 3, 2020

Sept. 3, 2020

PACER
18

Letter from TODD FORD, JR. re: COVID 19 Pandemic. (dmr) Modified on 9/14/2020 (dmr, ). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
19

Letter from TODD FORD, JR re: Name of correctional facility. (dmr) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
20

ORDER appointing the Ferrara Law Firm to represent the Plaintiffs in their prosecution of the claims asserted in this matter; ORDERED that counsel responsible for handling this matter shall file a notice of appearance within 7 days of the entry of this Order; ORDERED that the Clerk shall send a copy of this Order to Michael Ferrara, Esq, etc. Signed by Judge Noel L. Hillman on 9/21/2020. (dmr)(n.m.) (Entered: 09/22/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
21

Mail Returned as Undeliverable. Mail sent to PHILLIP GAULT, JR. re 16 Memorandum Opinion and 17 Order. (dmr) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
22

NOTICE of Change of Address by PHILLIP GAULT, JR. Documents 16 & 17 mailed to new address (cry, ) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
23

Letter from SHAWN ARCHIE, SR. re: Phillip Gault. (dmr) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
24

Letter from George Smith. (dmr) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
25

Letter from SHAWN ARCHIE, SR. re: Appointment of counsel. (dmr) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
26

Mail Returned as Undeliverable. Mail sent to KAMAL MARTIN re 16 Opinion and 17 Order. (dmr) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
27

MEMORANDUM OPINION & ORDER directing the Clerk to reinstate Phillip Gault. Signed by Judge Noel L. Hillman on 9/28/2020. (dmr)(n.m.) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

RECAP
28

NOTICE of Appearance by MICHAEL A. FERRARA, JR on behalf of SHAWN ARCHIE, SR (FERRARA, MICHAEL) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
29

Mail Returned as Undeliverable. Mail sent to KAMAL MARTIN re 20 Order. (dmr) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
30

NOTICE of Change of Address by SHAWN ARCHIE, SR (cry, ) (Entered: 10/15/2020)

Oct. 14, 2020

Oct. 14, 2020

PACER
31

Mail Returned as Undeliverable. Mail sent to KAMAL MARTIN re 27 Memorandum Opinion & Order. (dmr) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
32

Letter from SHAWN ARCHIE, SR dated 10/13/2020. (dmr) (Entered: 10/21/2020)

Oct. 19, 2020

Oct. 19, 2020

PACER
33

Mail Returned as Undeliverable. Mail sent to SHAWN ARCHIE, SR re 27 (dmr) (Entered: 10/21/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER
34

Letter from Michael A. Ferrara, Jr.. (FERRARA, MICHAEL) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
35

Mail Returned as Undeliverable. Mail sent to JEFFREY PAGLIONE re 27 Memorandum Opinion & Order. (dmr) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
36

NOTICE of Change of Address by SHAWN ARCHIE, SR (pr, ) (Entered: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

PACER
37

ORDER granting permission for Michael Ferrara and the Ferrara Law Firm to withdraw from the case; ORDERED that Fox Rothschild LLP, is appointed counsel for Plaintiffs in their prosecution of the claims asserted in this matter, etc. Signed by Judge Noel L. Hillman on 11/19/2020. (dmr)(n.m.) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
38

NOTICE of Appearance by JEFFREY MORROW POLLOCK on behalf of All Plaintiffs (POLLOCK, JEFFREY) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
39

NOTICE of Appearance by KAREN A. CONFOY on behalf of All Plaintiffs (CONFOY, KAREN) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
40

Mail Returned as Undeliverable. RTS : RELEASED. Mail sent to JEFFREY PAGLIONE (rss, ) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
58

Mail Returned as Undeliverable Document #37 (Kamal Martin).(aji, ) (Entered: 02/24/2021)

Dec. 28, 2020

Dec. 28, 2020

PACER
41

Letter from SHAWN ARCHIE, SR. re: case status (docket sheet sent). (dmr) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
42

Letter from Timothy B. Harvey requesting to join complaint. (dmr) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
43

AMENDED COMPLAINT against CHARLES WARREN, filed by TODD FORD, JR, RAYMOND LAMAR BROWN, JOHN CLARK, DESMOND RODGERS.(CONFOY, KAREN) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

RECAP
44

MOTION for Preliminary Injunction on Order to Show Cause by RAYMOND LAMAR BROWN, JOHN CLARK, TODD FORD, JR, DESMOND RODGERS. (Attachments: # 1 Brief In Support of Order to Show Cause, # 2 Certification of Raymond Lamar Brown, # 3 Certification of John Clark, # 4 Certification of Todd Ford, Jr, # 5 Certification of Desmond Rogers, # 6 Certification of Karen A. Confoy, # 7 Exhibit A-U to Certification of Karen A. Confoy)(CONFOY, KAREN) Modified on 5/10/2021 (dd). (Entered: 01/29/2021)

1 Brief In Support of Order to Show Cause

View on RECAP

2 Certification of Raymond Lamar Brown

View on PACER

3 Certification of John Clark

View on PACER

4 Certification of Todd Ford, Jr

View on PACER

5 Certification of Desmond Rogers

View on PACER

6 Certification of Karen A. Confoy

View on PACER

7 Exhibit A-U to Certification of Karen A. Confoy

View on PACER

Jan. 29, 2021

Jan. 29, 2021

PACER
45

Request for Summons to be Issued by TODD FORD, JR, RAYMOND LAMAR BROWN, JOHN CLARK, DESMOND RODGERS as to CHARLES WARREN. (CONFOY, KAREN) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER

Set/Reset Deadlines as to 44 MOTION for Preliminary Injunction on Order to Show Cause. Motion set for 3/1/2021 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)

Feb. 1, 2021

Feb. 1, 2021

PACER
46

SUMMONS ISSUED as to CHARLES WARREN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dmr) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
47

ORDER TO SHOW CAUSE Defendants shall appear and show cause as to why an order should not be issued as to certain relief the court has set a Show Cause Hearing for 2/24/2021 10:00 AM before Judge Noel L. Hillman. Defendant's Show Cause Response due by 2/11/2021; Plaintiff's Show Cause Reply due by 2/18/2021.. Signed by Judge Noel L. Hillman on 2/1/2021. (gn) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

RECAP

Set/Reset Motion and R&R Deadlines/Hearings

Feb. 1, 2021

Feb. 1, 2021

PACER
48

NOTICE of Appearance by GREGG L. ZEFF on behalf of All Defendants (ZEFF, GREGG) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
49

RESPONSE in Opposition filed by JODY HIRATA, RICHARD SMITH, CHARLES WARREN re 44 MOTION for Preliminary Injunction on Order to Show Cause (Attachments: # 1 Certification Certification with Exhibits, # 2 Text of Proposed Order Proposed Order, # 3 Certificate of Service Certificate of Service)(ZEFF, GREGG) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
50

Letter from Gregg Zeff. (ZEFF, GREGG) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

NOTICE of Hearing: Show Cause Video Hearing set for 2/24/2021 NEW TIME at 2:00 PM before Judge Noel L. Hillman. (gn )

Feb. 16, 2021

Feb. 16, 2021

PACER
51

Letter from Karen A. Confoy re 50 Letter. (CONFOY, KAREN) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Notice of Hearing

Feb. 16, 2021

Feb. 16, 2021

PACER
52

TEXT ORDER: The Court has received and reviewed the parties' letters ECF No. 50 and 51 regarding the need for witness testimony at the hearing scheduled for Wednesday, February 24th at 2pm. The Court will hear the parties' arguments on Plaintiffs' pending motion for a preliminary injunction without witnesses at that hearing. The Court will further hear from the parties at that time regarding whether witness testimony should be received on a separate date to be set by the Court. So Ordered by Judge Noel L. Hillman on 2/18/2021. (gn) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
53

REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 44 MOTION for Preliminary Injunction on Order to Show Cause (CONFOY, KAREN) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
54

CERTIFICATION in Support filed by All Plaintiffs re 44 MOTION for Preliminary Injunction on Order to Show Cause (Desmond Rodgers) (CONFOY, KAREN) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
55

CERTIFICATION in Support filed by All Plaintiffs re 44 MOTION for Preliminary Injunction on Order to Show Cause (Todd Ford, Jr) (CONFOY, KAREN) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
56

CERTIFICATION in Support filed by All Plaintiffs re 44 MOTION for Preliminary Injunction on Order to Show Cause (Carlos Soler) (CONFOY, KAREN) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER

Order

Feb. 18, 2021

Feb. 18, 2021

PACER
57

NOTICE of Appearance by PAUL KALISH on behalf of RAYMOND LAMAR BROWN, JOHN CLARK, TODD FORD, JR, DESMOND RODGERS (KALISH, PAUL) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
59

Minute Entry for proceedings held before Judge Noel L. Hillman: Motion Hearing held on 2/24/2021 re Plaintiff's 44 MOTION for Preliminary Injunction on Order to Show Cause. Ordered counsel to meet and advise the court. Hearing continued at a date and time to be set by the court. (Court Reporter/Recorder Robert T. Tate.) (dmr) (Entered: 02/25/2021)

Feb. 24, 2021

Feb. 24, 2021

PACER
60

Letter. (POLLOCK, JEFFREY) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

PACER
61

Letter from Karen Confoy to Hon. Noel Hillman. (CONFOY, KAREN) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
62

TEXT ORDER: Defendants are hereby directed to file a response to Plaintiffs' February 26 letter ECF 61 by Friday, March 5, 2021 at 5pm. So Ordered by Judge Noel L. Hillman on 3/4/2021. (gn ) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER

Order

March 4, 2021

March 4, 2021

PACER
63

Letter from Gregg Zeff. (ZEFF, GREGG) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
64

Letter from Karen A. Confoy re 60 Letter, 59 Motion Hearing, 47 Order to Show Cause,. (CONFOY, KAREN) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
65

SUMMONS Returned Executed by TODD FORD, JR, RAYMOND LAMAR BROWN, JOHN CLARK, DESMOND RODGERS. CHARLES WARREN served on 2/3/2021, answer due 2/24/2021. (CONFOY, KAREN) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
66

Letter from Karen A. Confoy re 63 Letter. (CONFOY, KAREN) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
67

TEXT ORDER Upon letter application dated February 25, 2021 from Jeffrey Pollock, Esquire, counsel for plaintiffs, and it appearing that all counsel consent to the request to schedule a telephone status conference, the Court hereby GRANTS the request. The On the Record Telephone Status Conference is scheduled for March 10, 2021 at 4:30 p.m. All counsel shall dial 1-888-684-8852, Access Code: 1488577# to connect to the call. Ordered by Magistrate Judge Karen M. Williams on 3/9/21. (nar) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
68

Letter from Karen A. Confoy re 67 Order,, Set Hearings,. (Attachments: # 1 Text of Proposed Order)(CONFOY, KAREN) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER

~Util - Set Hearings AND Order

March 9, 2021

March 9, 2021

PACER
76

Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Telephone Discovery Conference held on 3/10/2021. Order to be entered. (Court Reporter/Recorder None.) (dmr) (Entered: 03/18/2021)

March 10, 2021

March 10, 2021

PACER
69

Letter from Karen A. Confoy re 68 Letter. (Attachments: # 1 Text of Proposed Order)(CONFOY, KAREN) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
70

Transcript of Proceedings held on 2/24/2021, before Judge NOEL L. HILLMAN. Court Reporter/Transcriber Bob Tate (609-462-4384). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 4/1/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/9/2021. (tf, ) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
71

Letter from Karen A. Confoy re 68 Letter, 67 Order,, Set Hearings,. (CONFOY, KAREN) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
72

ANSWER to Amended Complaint by CHARLES WARREN.(ZEFF, GREGG) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
73

Discovery Confidentiality Order with Qualified HIPAA Protective Order. Signed by Magistrate Judge Karen M. Williams on 3/15/2021. (dmr) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
74

Order Initial Conference set for 6/3/2021 at 3:00 PM in Teleconference before Magistrate Judge Karen M. Williams. Signed by Magistrate Judge Karen M. Williams on 3/16/2021. (dmr) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
75

TEXT ORDER The Court has scheduled a telephone status conference for March 16, 2021 at 4:00 p.m. All counsel shall dial 1-888-684-8852, Access Code: 1488577# to connect to the call. Ordered by Magistrate Judge Karen M. Williams on 3/10/21. (nar) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER

Minute Entry for proceedings held before Magistrate Judge Karen M. Williams: Telephone Status Conference held on 3/16/2021. (nar)

March 16, 2021

March 16, 2021

PACER

~Util - Set Hearings AND Order

March 16, 2021

March 16, 2021

PACER

Status Conference

March 18, 2021

March 18, 2021

PACER
77

TEXT ORDER On or before April 2, 2021, Plaintiff is to complete the depositions of the named plaintiffs. The Court has scheduled a telephone status conference for April 5, 2021 at 4:00 p.m. All counsel shall dial 1-888-684-8852, Access Code: 1488577# to connect to the call. So Ordered by Magistrate Judge Karen M. Williams on 3/19/2021. (Kaplan, C) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER

Order

March 19, 2021

March 19, 2021

PACER
78

Letter from Karen A. Confoy re 77 Order,. (CONFOY, KAREN) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight inmates in the Cumberland County Jail on behalf of themselves and all similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Cumberland County Department of Corrections (Cumberland), State

Cumberland County (Cumberland), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run