Case: Essex Co. Jail Inmates v. Treffinger

2:82-cv-01945 | U.S. District Court for the District of New Jersey

Filed Date: June 10, 1982

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On June 10, 1982, inmates of the Essex County Jail [ECJ] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of New Jersey alleging unconstitutional conditions of confinement. On October 14, 1982, the District Court (Judge Harold A. Ackerman) approved and entered a Consent Decree which specified changes to be taken at the ECJ in the areas of overcrowding, exercise, inmate visits, food service, medical care, fire prevention and other general con…

On June 10, 1982, inmates of the Essex County Jail [ECJ] filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the District of New Jersey alleging unconstitutional conditions of confinement. On October 14, 1982, the District Court (Judge Harold A. Ackerman) approved and entered a Consent Decree which specified changes to be taken at the ECJ in the areas of overcrowding, exercise, inmate visits, food service, medical care, fire prevention and other general conditions. The Court appointed two special masters to evaluate and monitor the jail conditions. The 1982 Consent Decree was subsequently amended and modified several times.

On March 9, 1987, inmates in the Essex County Jail Annex [ECJA] filed a similar §1983 suit and eventually the cases were consolidated.

On November 20, 1989 the District Court (Judge Harold A. Ackerman) issued sanctions against defendants for failing to abide by overall population limits as set by the 1982 Consent Decree as amended and not providing inmates recreation. Essex County Jail Inmates v. Amato, 726 F.Supp. 539 (D.N.J. 1989).

Subsequent consent decrees followed, ending with the entry of a Second Consolidated Consent Order and Medical Consent Order on August 8, 1995. Plaintiffs sought sanctions against defendants for violation of the Second Consolidated Consent Order. The Court denied the request for contempt sanctions, but issued a fine which was suspended pending defendants immediately taking steps to come into compliance, as outlined by the Court. Essex County Jail Annex Inmates v. Treffinger, 18 F.Supp.2d 445 (D.N.J. 1998).

On November 24, 2003, the District Court denied the motion to intervene by Patrolmen Benevolent Association

On March 31, 2004, defendants moved all Essex County inmates held at ECJ and ECJA to the new Essex County Correctional Facility (ECCF). Following the move, the parties prepared a Third Consolidated Consent Order to take into account the new structure and facilities of the ECCF.

On December 2, 2005, the District Court issued an order that the cases would be administratively terminated if written objections to the proposed termination were not received from the parties. Thereafter, the Special Masters provided the Court with their final Report and Recommendation, along with a copy of the proposed Third Consolidated Consent Order on December 14, 2006,

The District Court visited the ECCF on January 26, 2007, along with counsel for the parties and one of the Special Masters. After the tour, on February 5, 2007, the District Court issued an order, denying the approval of the proposed Third Consolidated Consent Order, and instead, dismissing the case. In his order, Judge Ackerman noted that the Court no longer needed to be involved in the case and stated "it is my fervent hope that the legendary Phoenix that is this case will at last find eternal rest."

As of the date of the summary, the case remained closed.

Summary Authors

Kristen Sagar (6/7/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7192987/parties/essex-county-jail-in-v-treffiner/


Judge(s)

Ackerman, Harold Arnold (New Jersey)

Attorneys(s) for Plaintiff

Bomsey, Audrey (New Jersey)

Cannel, John M. (New Jersey)

Evans, Donald Y. (Nevada)

Linares, Jose L. (New Jersey)

Mitchell, T. Gary (New Jersey)

Reisner, Susan L. (New Jersey)

Rodriguez, Joseph H. (New Jersey)

Segars, Yvonne Smith (New Jersey)

Silver, Susan Remis (California)

Judge(s)

Ackerman, Harold Arnold (New Jersey)

Attorneys(s) for Plaintiff

Bomsey, Audrey (New Jersey)

Cannel, John M. (New Jersey)

Evans, Donald Y. (Nevada)

Linares, Jose L. (New Jersey)

Mitchell, T. Gary (New Jersey)

Reisner, Susan L. (New Jersey)

Rodriguez, Joseph H. (New Jersey)

Segars, Yvonne Smith (New Jersey)

Silver, Susan Remis (California)

Slocum, Alfred A. (New Jersey)

Tate, Herbert H. JR (New Jersey)

Teare, John J. (New Jersey)

Torres, Ivelisse (New Jersey)

Van Ness, Stanley C. (New Jersey)

Attorneys(s) for Defendant

Ben-Asher, David H. (New Jersey)

Bollheimer, Ronald L. (New Jersey)

Brennan, Joseph P. Jr. (New Jersey)

Brown, Catherine W. (District of Columbia)

Delplato, Harry (New Jersey)

Edwards, W. Cary (New Jersey)

Giantomasi, Francis (New Jersey)

Hawkins, Ollie H. (New Jersey)

Kimmelman, Irwin I. (New Jersey)

Maloney, Joseph T. (New Jersey)

Meanor, Henry Curtis (New Jersey)

Peretti, Peter N. Jr. (New Jersey)

Poritz, Deborah T. (New Jersey)

Tamasik, Catherine E. (New Jersey)

Other Attorney(s)

Johnston, Diana (New Jersey)

Lieberman, Stuart J. (New Jersey)

Marucci, Michael (New Jersey)

Positan, Wayne J. (New Jersey)

Documents in the Clearinghouse

Document

Docket (PACER)

Essex County Jail Inmates v. Treffiner

Dec. 16, 2005 Docket

Docket (PACER)

Essex Co. Jail Annex Inmates v. Treffinger

Feb. 5, 2007 Docket

Complaint

Essex County Jail Inmates v. Collier

June 10, 1982 Complaint

Consent Judgment

Essex County Jail Inmates v. Collier

Oct. 14, 1982 Settlement Agreement

Order Amending Consent Judgment

Essex County Jail Inmates v. Collier

Feb. 22, 1984 Settlement Agreement

Supplemental Consent Order Modifying and Amending Consent Judgment of October 14, 1982

Essex County Jail Inmates v. Collier

Feb. 4, 1985 Settlement Agreement

Complaint

Essex County Jail Annex Inmates v. Amato

March 9, 1987 Complaint

Order (Appointing Special Master)

Essex County Jail Annex Inmates v. Amato

April 6, 1987 Order/Opinion

Supplemental Consent Order Modifying and Amending Consent Judgment of October 14, 1982

Essex County Jail Inmates v. Collier

April 22, 1987 Settlement Agreement

Stipulation of Facts

Essex County Jail Annex Inmates v. Amato

Aug. 17, 1987 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7192987/essex-county-jail-in-v-treffiner/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
134

(mn) (Entered: 05/14/1996)

May 10, 1996
172

Scanned Case Documents

June 18, 2018 PACER
135

Copy of ORDER substitution parties, etc. (original order filed in Civ. 87−871) ( signed by Judge Harold A. Ackerman ) (mn) (Entered: 05/14/1996)

May 14, 1996

Substitute attorney for ESSEX COUNTY JAIL IN ; Terminated attorney T. GARY MITCHELL for WILLIE JENKINS, attorney T. GARY MITCHELL for KEITH ELLIS, attorney T. GARY MITCHELL for CHARLES FARMS, attorney T. GARY MITCHELL for BARON SPENCE, attorney T. GARY MITCHELL for J. C. MILES, attorney T. GARY MITCHELL for DANIEL RAWLS, attorney T. GARY MITCHELL for ROBERT GAMBLE, attorney T. GARY MITCHELL for SAMUEL A. BROWN, attorney T. GARY MITCHELL for STACY DAVIS, attorney T. GARY MITCHELL for RUSSELL WATSON, attorney T. GARY MITCHELL for ESSEX COUNTY JAIL IN ; Added, ALFRED ANSON SLOCUM (mn) (Entered: 05/14/1996)

May 14, 1996
137

Copy of ORDER denying Essex County defts mot. to seal the entire record on mot. to disqualify pltfs' counsel; Placing under seal memorandum entitled "Officer Staffing Shortages That Result In Inadequate Supervision of Inmates" dated 9/29/95. (Zurofsky) Special Master (Original filed in civ. 87−871) (mn) (Entered: 05/16/1996)

May 16, 1996
138

Copy of ORDER, compelling production of docs. subject to a protective order (Zurofsky)Special Master (original filed in civ. 87−871) (mn) (Entered: 05/16/1996)

May 16, 1996
139

Notice of MOTION to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc , Motion hearing set for 7/8/96 on [139−1] motion . (Brief/PO Subm) (mn) (Entered: 06/11/1996)

June 10, 1996
140

Copy of ORDER appointing Dr. Ronald M. Shansky as the medical monitor, establishing a medical escrow fund, &appointing Lisa Gomez−Rivera as the adminstrator of the medical escrow fund.( signed by Judge Harold A. Ackerman ) (original filed in civ. 87−871) (mn) (Entered: 07/01/1996)

June 26, 1996
141

LETTER by William Carbonell requesting a hrg. re: existing violations &how to proceed in this action.(cc: chambers)(see civ. 87−871) (mn) (Entered: 12/02/1996)

Nov. 27, 1996
142

Copy of CERTIFICATION of Catherine E. Tamasik on behalf of ESSEX COUNTY JAIL IN Re: [139−1] motion to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc (see civ. 87−871) (mn) (Entered: 06/06/1997)

June 4, 1997
143

Copy of CERTIFICATION of Ronald H. Manzella on behalf of ESSEX COUNTY JAIL IN Re: [139−1] motion to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc (see civ. 87−871) (mn) (Entered: 06/06/1997)

June 4, 1997
144

CERTIFICATION of Susan L. Reisner on behalf of ESSEX COUNTY JAIL IN Re: [139−1] motion to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc (brief sub.) (see also civ. 87−871) (mn) (Entered: 06/18/1997)

June 17, 1997
145

CERTIFICATION of Susan Remis Silver on behalf of ESSEX COUNTY JAIL IN Re: [139−1] in opposition to motion to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc (see also civ. 87−871) (mn) (Entered: 06/18/1997)

June 17, 1997
146

Letter ORDER scheduling hrg. on 9/12/97 at 2:00 re: County of Essex's 6/2/97 addendum to its post−hrg. brief on the mot. to disqualify Susan Silver.( signed by Judge Harold A. Ackerman )(see civ. 87−871 (mn) (Entered: 07/18/1997)

July 17, 1997
147

Copy of ORDER, extending time to sub. written comments on the Special Masters' R( signed by Judge Harold A. Ackerman )(original filed in civ. 87−871) (mn) (Entered: 01/06/1998)

Dec. 29, 1997
148

OBJECTION by JOHN SLY, JAMES BERRY, HERMAN HARRIS, WILLIE JENKINS, KEITH ELLIS, CHARLES FARMS, BARON SPENCE, J. C. MILES, DANIEL RAWLS, ROBERT GAMBLE, SAMUEL A. BROWN, STACY DAVIS, RUSSELL WATSON, ESSEX COUNTY JAIL IN to [136−1] Special Masters' report and recommendations on pltfs' omnibus contempt appl. w/attachments to pltfs' objections. (mn) (Entered: 02/23/1998)

Feb. 23, 1998
149

CERTIFICATE OF SERVICE of pltfs' objections to Special Masters Report &Recommendations. (mn) (Entered: 02/23/1998)

Feb. 23, 1998
150

OPINION AND ORDER of Spcial Masters granting Ms. Silver permission re: Reginald Smalls medical records (mn) (Entered: 03/13/1998)

March 11, 1998
151

OPINION AND ORDER of Special Masters granting Ms. Silver permission to turn over to Mr. Mazza medical records which are subject to the Protective Order. (sr) (Entered: 03/13/1998)

March 11, 1998
153

ORDER partially denying pltf's request for monetary contempt sanctions, etc. ( signed by Judge Harold A. Ackerman ) (mn) (Entered: 08/18/1998)

Aug. 17, 1998
154

OPINION ( signed by Judge Harold A. Ackerman ) (mn) (Entered: 08/18/1998)

Aug. 17, 1998
155

ORDER granting [139−1] motion to modify in part the RRof the Special Masters on the defts' mot. to disqualify pltfs' counsel, Susan Remis Silver, nunc pro tunc ( signed by Judge Harold A. Ackerman ) (mn) (Entered: 08/18/1998)

Aug. 17, 1998
156

NOTICE of attorney appearance for JOHN SLY, JAMES BERRY, HERMAN HARRIS, WILLIE JENKINS, KEITH ELLIS, CHARLES FARMS, BARON SPENCE, J. C. MILES, DANIEL RAWLS, ROBERT GAMBLE, SAMUEL A. BROWN, STACY DAVIS, RUSSELL WATSON, ESSEX COUNTY JAIL IN by T. GARY MITCHELL (mn) (Entered: 01/12/1999)

Jan. 12, 1999
157

Copy of Supplemental ORDER on population and housing ( signed by Judge Harold A. Ackerman )(original filed in civ. 87−871) (mn) (Entered: 05/12/1999)

May 11, 1999
158

Copy of ORDER, for pltfs. entitled to attorney fees ( signed by Judge Harold A. Ackerman ) (original filed in civ. 87−871) (mn) (Entered: 05/12/1999)

May 11, 1999
159

Copy of ORDER transferring former bail fund monies on deposit with the Clerk to the County of Essex( signed by Judge Harold A. Ackerman ) (original filed in civ. 87−871) (mn) (Entered: 05/12/1999)

May 11, 1999
160

Substitute attorney for JOHN SLY, JAMES BERRY, HERMAN HARRIS, WILLIE JENKINS, KEITH ELLIS, CHARLES FARMS, BARON SPENCE, J. C. MILES, DANIEL RAWLS, ROBERT GAMBLE, SAMUEL A. BROWN, STACY DAVIS, RUSSELL WATSON, ESSEX COUNTY JAIL IN ; Terminated attorney T. GARY MITCHELL for ESSEX COUNTY JAIL IN, attorney ALFRED ANSON SLOCUM for ESSEX COUNTY JAIL IN, attorney T. GARY MITCHELL for STACY DAVIS, attorney T. GARY MITCHELL for SAMUEL A. BROWN, attorney T. GARY MITCHELL for ROBERT GAMBLE, attorney T. GARY MITCHELL for DANIEL RAWLS, attorney T. GARY MITCHELL for J. C. MILES, attorney T. GARY MITCHELL for BARON SPENCE, attorney T. GARY MITCHELL for CHARLES FARMS, attorney T. GARY MITCHELL for KEITH ELLIS, attorney T. GARY MITCHELL for WILLIE JENKINS ; Added, T. GARY MITCHELL (sr) (Entered: 10/19/1999)

Oct. 14, 1999

NOTICE of KEVIN McNAMARA of copy of Petition for Writ of Habeas Corpus w/copies of certain other documents from the Superior Court (cc: Chambers) (Original Document in Civ. 87−871) (cs) (Entered: 02/07/2003)

Feb. 5, 2003
161

NOTICE of petition to hold defts' in non−compliance of the 1998 settlement order (nr) (Entered: 08/14/2003)

Aug. 12, 2003
162

Notice of MOTION to intervene by PATROLMEN BENEVOLENT by PATROLMEN BENEVOLENT, Motion set for 11/24/03 on [162−1] motion w/cert of service. (Brief/PO Subm) (sr) (Entered: 10/21/2003)

Oct. 20, 2003
163

CERTIFICATION of Stuart J. Lieberman, Esq. on behalf of PATROLMEN BENEVOLENT Re: [162−1] motion to intervene by PATROLMEN BENEVOLENT (sr) (Entered: 10/21/2003)

Oct. 20, 2003
164

REVISED Notice of MOTION to intervene by PATROLMEN BENEVOLENT by PATROLMEN BENEVOLENT, Motion set for 11/10/03 on [164−1] motion w/cert of service. (Brief/PO Subm) (sr) (Entered: 10/22/2003)

Oct. 21, 2003
165

CERTIFICATION of Stuart J. Lieberman on behalf of PATROLMEN BENEVOLENT Re: [164−1] motion to intervene by PATROLMEN BENEVOLENT (sr) (Entered: 10/22/2003)

Oct. 21, 2003
166

ORDER denying [164−1] motion to intervene by PATROLMEN BENEVOLENT denying [162−1] motion to intervene by PATROLMEN BENEVOLENT ( signed by Mag. Judge G. D. Haneke ) (NM) (sr) (Entered: 11/25/2003)

Nov. 24, 2003
168

Mail Returned as Undeliverable. Mail sent to JOHN J. TEARE (bl, ) (Entered: 07/06/2004)

June 28, 2004

Judge Mark Falk added. (nc, ) (Entered: 09/22/2005)

Aug. 29, 2005
169

ORDER indicating that cv−82−1945 will be administratively terminated if written objection to the proposed termination are not received by 12/7/05; etc. Signed by Judge Harold A. Ackerman on 12/1/05. (sr, ) (Entered: 12/02/2005)

Dec. 2, 2005
170

ORDER that the Court reminds counsel that since 2/2005, all attorneys litigating in the District of NJ are required to be registered for electronic filing in the CM−ECF system. Signed by Judge Harold A. Ackerman on 12/5/05. (jd, ) (Entered: 12/06/2005)

Dec. 6, 2005
171

ORDER Administratively Terminating CASE. Signed by Judge Harold A. Ackerman on 12/15/05. (jd, ) (Entered: 12/16/2005)

Dec. 16, 2005

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 10, 1982

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates confined at the Essex County Jail and Essex County Jail Annex.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Essex County Jail (Essex), County

Essex County Jail Annex (Essex), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 2007

Issues

General:

Access to lawyers or judicial system

Classification / placement

Fire safety

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run