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: 2003

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.

No further entries appear on the PACER docket, which was current as of the date of this summary. We have no further information on this case.

Summary Authors

Dan Dalton (2/24/2007)

People


Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorneys(s) for Plaintiff

Alito, Samuel A. Jr. (New Jersey)

Chagares, Michael A. (New Jersey)

Clark, James B. III (New Jersey)

Gibbons, Daniel J. (New Jersey)

Miller, V. Colleen (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Saria, Robert J. (District of Columbia)

Steele, Susan J. (New Jersey)

Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorneys(s) for Plaintiff

Alito, Samuel A. Jr. (New Jersey)

Chagares, Michael A. (New Jersey)

Clark, James B. III (New Jersey)

Gibbons, Daniel J. (New Jersey)

Miller, V. Colleen (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Saria, Robert J. (District of Columbia)

Steele, Susan J. (New Jersey)

Urmacher, Bette E. (New Jersey)

Attorneys(s) for Defendant

Brown, Raymond A. (New Jersey)

Meanor, Henry Curtis (New Jersey)

Other Attorney(s)

Ben-Asher, David H. (New Jersey)

DeKoninck, Jessica (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

July 22, 2008 Docket

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

No Court

July 23, 1986 Findings Letter/Report

Consent Decree

Dec. 22, 1987 Order/Opinion

Findings Letter re: Tour of Essex County Youth House

No Court

June 15, 1988 Findings Letter/Report
20

Implementing Order 2

U.S. v. County of Essex

May 6, 1994 Order/Opinion
26

Implementing Order 4 (By Consent)

Dec. 30, 1994 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
14

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)

March 25, 1994
15

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)

April 14, 1994
16

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)

April 15, 1994
17

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)

April 15, 1994
18

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)

April 20, 1994

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

May 5, 1994
19

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)

May 6, 1994
20

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)

May 6, 1994
21

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)

June 16, 1994
22

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)

July 12, 1994
23

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)

July 21, 1994
24

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)

Sept. 22, 1994
25

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)

Dec. 8, 1994
26

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)

Dec. 30, 1994
27

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)

March 13, 1995
28

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)

April 2, 1996
29

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)

April 17, 1997
31

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)

June 2, 1997
32

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

June 11, 1998
33

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

March 30, 2000
34

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

Nov. 3, 2003
35

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)

Oct. 26, 2004
36

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

March 28, 2007
37

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)

March 29, 2007
38

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)

March 30, 2007
39

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)

March 30, 2007
41

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)

July 22, 2008

State / Territory: New Jersey

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Dec. 9, 1987

Closing Date: 2003

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

Essex County Youth House (Essex), State

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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: 1987 - 2003

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Fire safety

Restraints : physical

Sanitation / living conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run