Case: U.S. v. Essex County

2:87-cv-04829 | U.S. District Court for the District of New Jersey

Filed Date: Dec. 9, 1987

Closed Date: July 22, 2008

Clearinghouse coding complete

Case Summary

On January 6, 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the state of New Jersey that it intended to investigate the conditions of confinement at the Essex County Youth House at Newark, New Jersey pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. Following its investigation, the DOJ issued its findings letter on July 23 1986, which outlined various egregious conditions of confinement that existed at the facility…

On January 6, 1986, the Civil Rights Division of the U.S. Department of Justice [DOJ] notified the state of New Jersey that it intended to investigate the conditions of confinement at the Essex County Youth House at Newark, New Jersey pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. Following its investigation, the DOJ issued its findings letter on July 23 1986, which outlined various egregious conditions of confinement that existed at the facility. Those conditions included (1) inadequate fire safety; (2) abuse, violence and arbitrary administration of punishment; (3) unsanitary and unsafe environmental conditions; and (4) overcrowding.

On December 9, 1987, the DOJ filed a Complaint pursuant to CRIPA in the in the U.S. District Court for the District of New Jersey (Newark) challenging the conditions of confinement at Essex County Youth House.

A Consent Decree was entered on December 22, 1987 by the District Court (Judge Dickinson R. Debevoise). The Consent Decree called for reforms in the following areas (1) fire safety; (2) administration of punishment; (3) use of restrain devices; (4) environmental conditions; and (5) overcrowding; (6) training an supervision of the staff.

Bennett D. Zurofsky was appointed as Special Master to monitor the implementation process.

A modification order followed on April 14, 1988. Further implementation orders were issued by the District Court: Implementing Order 1, entered on April 19, 1994, Implementing Order 2, entered on May 6, 1994, Implementing Order 3 (by consent), entered on June 13, 1994, Implementing Order 4 (by consent), entered on December 30, 1994, and Implementing Order 5 (by consent), entered on April2, 1996.

The parties entered a separate Consent Agreement on April 17, 1997, relating to use of mechanical restraints. Judge Dickinson R. Debevoise entered an order on March 30, 2000, administratively dismissing the case. The case was reopened and on November 3, 2003, the District Court entered an order amending the Consent Decree.

On March 29, 2007, the special master filed a report and recommendation that proposed a partial dismissal of the 2003 Amended Consent Decree. 

On March 30, 2007, the court dismissed paragraphs 9-23 and 32-39 of the 2003 Amended Consent Decree. 

On July 22, 2008, the court ordered dismissal of the 2003 Amended Consent Decree. 

This case is closed. 

 

Summary Authors

Dan Dalton (2/24/2007)

Haleigh Knowles (4/22/2026)

People


Judge(s)
Attorney for Plaintiff

Alito, Samuel A. Jr. (New Jersey)

Chagares, Michael A. (New Jersey)

Clark, James B. III (New Jersey)

Attorney for Defendant

Brown, Raymond A. (New Jersey)

Expert/Monitor/Master/Other

Ben-Asher, David H. (New Jersey)

Documents in the Clearinghouse

Documents in this case

2:87-cv-04829

Docket [PACER]

July 22, 2008

July 22, 2008

Docket

2:87-cv-04829

Findings Letter re: CRIPA Investigation of the Essex County Youth House at Newark, New Jersey

No Court

July 23, 1986

July 23, 1986

Findings Letter/Report

2:87-cv-04829

Consent Decree

Dec. 22, 1987

Dec. 22, 1987

Order/Opinion

2:87-cv-04829

Findings Letter re: Tour of Essex County Youth House

No Court

June 15, 1988

June 15, 1988

Findings Letter/Report
20

2:87-cv-04829

Implementing Order 2

U.S. v. County of Essex

May 6, 1994

May 6, 1994

Order/Opinion
26

2:87-cv-04829

Implementing Order 4 (By Consent)

Dec. 30, 1994

Dec. 30, 1994

Order/Opinion

Docket

Last updated April 22, 2026, 12:23 p.m.

ECF Number Date Description Link
14 March 25, 1994

APPLICATION/ORDER TO SHOW CAUSE: directing dfts. to show cause why they should not be found in contempt of the Court's Order of 12/22/87 and 4/14/88, and why civil contempt sanctions should not be accessed agst dfts. and to reopen and restore action to active calendar for all purposes; Show Cause Hearing set for 4/15/94 ( signed by Judge Dickinson R. Debevoise ) n/m (cs) (Entered: 04/04/1994)

PACER
15 April 14, 1994

Substitution of attorney for defts. COUNTY OF ESSEX, NICHOLAS AMATO, JAMES A. CAUANAUGH, THOMAS P. GIBLIN, CARDELL COOPER, ADRIANNE DAVIS, JOSEPH C. PARLAVECCHIO, PEARL BEATTY, JAY LUSTBADER, ARTHUR L. CLAY, PHILIP THIGPEN, RONALD MANZELLA and ESSEX COUNTY YOUTH; Terminated attorney H CURTIS MANZELLA, PHILIP THIGPEN, ARTHUR L. CLAY, MONROE JAY LUSTBADER, PEARL BEATTY, JOSEPH C. PARLAVECCHIO, ADRIANNE DAVIS, CARDELL COOPER, THOMAS P. GIBLIN, JAMES A. CAUANAUGH, NICHOLAS AMATO and COUNTY OF ESSEX; Added attorney, RAYMOND A. BROWN. (femp) (Entered: 04/18/1994)

PACER
16 April 15, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 4/15/94; The following actions were taken, denying [14-1] order to show cause as to contempt and granting as to restoring it to the civil active calendar. Ordered Bennett Zurofsky appointed as special master. Ordered that w/in 2 weeks all abide by the orders of 12/22/87 and 4/14/88. Ordered counsel to work on a schedule to reduce overcrowding. Ordered special master to make recommendations w/in 2 weeks on violence. Ordered return date set for 5/6/94. Order to be submitted. By Judge Dickinson R. Debevoise. (femp) (Entered: 04/19/1994)

PACER
17 April 15, 1994

JOINT STIPULATION AND ORDER, revising the Order to Show Cause dated 3/25/94 and directing defts' written opposition to pltf's appl. for a contempt judgment and pltf's reply to that opposition shall be filed on dates established by the Court at hearing on 4/15/94 or at adjourned hearing. ( signed by Judge Dickinson R. Debevoise ) n/m (femp) (Entered: 04/19/1994)

PACER
18 April 20, 1994

IMPLEMENTING ORDER NO. 1 appointing MR. BENNET ZUROFSKY as special master and directing parties and the Special Master to appear on 5/6/94 to advise the Court as to the implementation of this order and to discuss other remedial measures etc.( signed by Judge Dickinson R. Debevoise ) n/m (cs) (Entered: 04/21/1994)

PACER
May 5, 1994

Case reopened (cs) (Entered: 05/05/1994)

PACER
19 May 6, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 5/6/94; The following actions were taken, setting next conference for 6/16/94. By Judge Dickinson R. Debevoise. (femp) (Entered: 05/09/1994)

PACER
20 May 6, 1994

IMPLEMENTING ORDER #2 ordering remedial relief in addition to that ordered in Implementing Order #1 entered on 4/19/94 etc. ( signed by Judge Dickinson R. Debevoise ) n/m (femp) Modified on 05/11/1994 (Entered: 05/09/1994)

Clearinghouse
21 June 16, 1994

Minute entry: Proceedings recorded by Ct-Reporter: M. Quick; Minutes of: 6/16/94; The following actions were taken, a status conference was conducted. Court set a return date for a conference on 7/21/94. By Judge Dickinson R. Debevoise. (femp) (Entered: 06/17/1994)

PACER
22 July 12, 1994

Implementing ORDER #3 re additional remedial relief, directing defts to submit in writing additional reports, etc. ( signed by Judge Dickinson R. Debevoise ) (bl) (Entered: 07/13/1994)

PACER
23 July 21, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 7/21/94; The following actions were taken, status conference. Conference continued to 9/22/94 at 8:30 a.m. By Judge Dickinson R. Debevoise. (femp) (Entered: 07/22/1994)

PACER
24 Sept. 22, 1994

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 9/22/94; The following actions were taken. Court conducted a status conference. Ordered conference continued to 12-8-94 By Judge Dickinson R. Debevoise (cs) (Entered: 09/23/1994)

PACER
25 Dec. 8, 1994

Minute entry: Proceedings recorded by Ct-Reporter: H. Rappaport; Minutes of: 12/8/94; The following actions were taken, Court conducted a status conference. reset status conference for 2/14/95 By Judge Dickinson R. Debevoise (bl) (Entered: 12/12/1994)

PACER
26 Dec. 30, 1994

Implementing ORDER 4 re: specific requirements regarding medical services and the trianing of new and current juvenile detention officers, etc. ( signed by Judge Dickinson R. Debevoise n/m (jd) (Entered: 01/03/1995)

Clearinghouse
27 March 13, 1995

Minute entry: Proceedings recorded by Ct-Reporter: H. RAPPAPORT; Minutes of: 03/13/95; The following actions were taken, Ct. conducted status conf on youth house. Ordered next conf date to be set. By Judge Dickinson R. Debevoise (femp) (Entered: 03/14/1995)

PACER
28 April 2, 1996

IMPLEMENTING ORDER #5, re provision of basic supplies to Youth House Detainees; overcrowdingness; staffing and medical care etc. ( signed by Judge Dickinson R. Debevoise ) n/m (cs) Modified on 04/08/1996 (Entered: 04/04/1996)

PACER
29 April 17, 1997

NOTICE of filing of Consent Agreement by dfts RONALD MANZELLA, PHILIP THIGPEN, ARTHUR L. CLAY, MONROE JAY LUSTBADER, PEARL BEATTY, JOSEPH C. PARLAVECCHIO, ADRIANNE DAVIS, CARDELL COOPER, THOMAS P. GIBLIN, JAMES A. CAUANAUGH, ESSEX COUNTY YOUTH, NICHOLAS AMATO, COUNTY OF ESSEX, USA (femp) (Entered: 04/18/1997)

PACER
31 June 2, 1997

NOTICE by parties, RONALD MANZELLA, PHILIP THIGPEN, ARTHUR L. CLAY, MONROE JAY LUSTBADER, PEARL BEATTY, JOSEPH C. PARLAVECCHIO, ADRIANNE DAVIS, CARDELL COOPER, THOMAS P. GIBLIN, JAMES A. CAUANAUGH, ESSEX COUNTY YOUTH, NICHOLAS AMATO, COUNTY OF ESSEX, USA of filing of Second Consent Agreement (cs) (Entered: 06/04/1997)

PACER
32 June 11, 1998

LETTER By pla USA indicating name of new attorney handling case (femp) (Entered: 06/12/1998)

PACER
33 March 30, 2000

ORDER for Administrativly Terminating action without prejudice ( Signed by Judge Dickinson R. Debevoise ) n/m (femp) (Entered: 03/30/2000)

PACER
34 Nov. 3, 2003

STIPULATION and ORDER, amending consent decree ( signed by Judge Dickinson R. Debevoise ) (NM) (ak) (Entered: 11/05/2003)

PACER
35 Oct. 26, 2004

Substitution of Attorney - Attorney SUSAN J. STEELE and MICHAEL A. CHAGARES for USA added. Attorney MICHAEL A. CHAGARES terminated.. (CHAGARES, MICHAEL) (Entered: 10/26/2004)

PACER
36 March 28, 2007

NOTICE of Appearance by DANIEL J. GIBBONS on behalf of USA (Attachments: # 1)(GIBBONS, DANIEL) (Entered: 03/28/2007)

PACER
37 March 29, 2007

REPORT and RECOMMENDATION of Special Master (Attachments: # 1 Stipulation and [proposed] Order of Partial Dismissal of the 2003 Amended Consent Decree)(ZUROFSKY, BENNET) (Entered: 03/29/2007)

PACER
38 March 30, 2007

Letter from Special Master Bennet D. Zurofsky correcting two misstatements in Report and Recommendation filed March 29, 2007 re 37 Report and Recommendatin of Special Master. (ZUROFSKY, BENNET) (Entered: 03/30/2007)

PACER
39 March 30, 2007

STIPULATION AND ORDER dismissing paragraphs 9-23 and 32- 39 of the the Stipulation amending Consent Decree dated 11/3/2003. All remaining terms of the decree shall remain in effect. Signed by Judge Dickinson R. Debevoise on 3/30/2007. (mn, ) (Entered: 04/05/2007)

PACER
41 July 22, 2008

STIPULATION AND ORDER dismissing order amending consent Decree dated 11/3/2003. Signed by Judge Dickinson R. Debevoise on 07/21/2008. (nr, ) (Entered: 07/22/2008)

PACER

Case Details

State / Territory:

New Jersey

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Dec. 9, 1987

Closing Date: July 22, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Essex County Youth House

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Other Dockets:

District of New Jersey 2:87-cv-04829

Available Documents:

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1987 - 2008

Issues

General/Misc.:

Disciplinary procedures

Fire safety

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Crowding (General)

Restraints (physical)

Recommended Citation