Case: United States v. Cumberland County

1:23-cv-02655 | U.S. District Court for the District of New Jersey

Filed Date: May 17, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This was a lawsuit filed by the United States Department of Justice (DOJ), who alleged that the Cumberland County jail failed to provide constitutionally adequate mental healthcare to prisoners who were at risk of suicide or self-harm. The DOJ Civil Rights Division filed a complaint and proposed consent decree under the Civil Rights of Institutionalized Persons Act (CRIPA) on May 17, 2023, in the U.S. District Court for the District of New Jersey against Cumberland County and the Cumberland Cou…

This was a lawsuit filed by the United States Department of Justice (DOJ), who alleged that the Cumberland County jail failed to provide constitutionally adequate mental healthcare to prisoners who were at risk of suicide or self-harm.

The DOJ Civil Rights Division filed a complaint and proposed consent decree under the Civil Rights of Institutionalized Persons Act (CRIPA) on May 17, 2023, in the U.S. District Court for the District of New Jersey against Cumberland County and the Cumberland County Department of Corrections. The complaint alleged that the county acted with deliberate indifference toward incarcerated persons' safety, violating the Eighth and Fourteenth Amendments through a pattern or practice of (1) not screening or identifying incarcerated persons at risk of self-harm and suicide due to opiate withdrawal, (2) failing to provide screening to identify prisoners at risk of self-harm or in need of mental health care for serious mental conditions, and (3) failing to provide prisoners with sufficient mental health care. Judge Noel L. Hillman and Magistrate Judge Ann Marie Donio were initially assigned to the case.

This case began on June 15, 2018, when the DOJ notified the County that it was going to conduct an investigation into the jail conditions, specifically the adequacy of mental health care, pursuant to CRIPA. The investigation--conducted jointly by the Special Litigation Section of the Civil Rights Division and the U.S. Attorney's Office for the District of New Jersey--had started after six suicides at the Cumberland County Jail by prisoners who were denied medication-assisted treatment. The government's lawyers conducted on-site inspections, interviews with staff and prisoners at the jail and a review of documents including policies and procedures, medical records, incident reports, and training materials. 

On January 14, 2021, the United States issued its Findings Report to the County; it described allegedly unconstitutional conditions relating to lack of adequate mental health care. These included delays in mental health treatment and inadequate measures to prevent inmate suicide. The Report also identified measures to remedy the violations. Over the next several years, apparently some efforts at remediation occurred, but nonetheless, DOJ sought to enter an enforceable consent decree; the parties reached agreement about its terms, and filed the proposed decree simultaneously with the complaint.

On November 20, 2023, Judge Hillman approved the decree, holding that the decree requirements were narrowly tailored and necessary, and otherwise complied with the Prison Litigation Reform Act. The key substantive provisions included: Evidence-Based Protocols for the Assessment of Opiate Withdrawal, Medication-Assisted Treatment Training, and Mental Health Care and Suicide Prevention, which included requiring thorough review of prior health records, mental health assessments and an improved sick call/mental health request process. The decree stated that the court would retain jurisdiction for enforcement, and provided for ongoing monitoring and site visits by the Monitor. The decree was set to last for five years, or less if the United States agreed that the County attained and maintained substantial compliance with the decree provisions for one year.

As of Feb. 10, 2025, there is no subsequent enforcement-related activity in the docket, and the case is ongoing.

Summary Authors

Maddie Mitzner (2/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67399913/parties/united-states-v-cumberland-county/


Attorney for Plaintiff

BALDON, JUNIS LEE (New Jersey)

CAMPION, MICHAEL E. (New Jersey)

HARRIS, CURTIS ARISTIDE (New Jersey)

MYRTHIL, MARLYSHA (New Jersey)

Attorney for Defendant

JR., MICHAEL L. (New Jersey)

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Documents in the Clearinghouse

Document
1

1:23-cv-02655

Complaint

May 17, 2023

May 17, 2023

Complaint
2-2

1:23-cv-02655

Investigation of the Cumberland County Jail

May 17, 2023

May 17, 2023

Monitor/Expert/Receiver Report
18

1:23-cv-02655

Consent Decree

Nov. 20, 2023

Nov. 20, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67399913/united-states-v-cumberland-county/

Last updated April 22, 2025, 2:29 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CUMBERLAND COUNTY, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(BALDON, JUNIS) (Attachment 1 replaced on 5/22/2023) (jab, ). (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

Clearinghouse
2

NOTICE/Motion by UNITED STATES OF AMERICA of Joint Motion to Enter Proposed Consent Decree (Attachments: # 1 Brief, # 2 Exhibit 1 - Findings Report, # 3 Exhibit 2 - Proposed Consent Decree)(BALDON, JUNIS) Modified on 5/19/2023 (dmr, ). (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER
3

Proposed Order Granting Joint Motion to Enter Consent Decree by UNITED STATES OF AMERICA re 2 Notice (Other). (BALDON, JUNIS) (Entered: 05/17/2023)

May 17, 2023

May 17, 2023

PACER

Judge Noel L. Hillman and Magistrate Judge Ann Marie Donio added. (dmw)

May 17, 2023

May 17, 2023

PACER

Add and Terminate Judges

May 19, 2023

May 19, 2023

PACER

Set/Reset Motion and R&R Deadlines/Hearings

May 19, 2023

May 19, 2023

PACER

Set/Reset Deadlines as to 2 MOTION. Motion set for 6/20/2023 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)

May 19, 2023

May 19, 2023

PACER
4

SUMMONS ISSUED as to CUMBERLAND COUNTY, CUMBERLAND COUNTY DEPARTMENT OF CORRECTIONS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jab) (Entered: 05/22/2023)

May 22, 2023

May 22, 2023

PACER
5

WAIVER OF SERVICE Returned Executed by UNITED STATES OF AMERICA. CUMBERLAND COUNTY waiver sent on 5/23/2023, answer due 7/24/2023; CUMBERLAND COUNTY DEPARTMENT OF CORRECTIONS waiver sent on 5/23/2023, answer due 7/24/2023. (BALDON, JUNIS) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER

Notice of Hearing on Motion

July 6, 2023

July 6, 2023

PACER

NOTICE of Hearing on Motion 2 MOTION :In person Motion hearing set for 7/17/2023 at 2:00 PM in Camden - Courtroom 3A before Judge Noel L. Hillman. (gn )

July 6, 2023

July 6, 2023

PACER
6

NOTICE of Appearance by MICHAEL LOUIS TESTA, SR on behalf of CUMBERLAND COUNTY, CUMBERLAND COUNTY DEPARTMENT OF CORRECTIONS (TESTA, MICHAEL) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

PACER
7

Minute Entry for proceedings held before Judge Noel L. Hillman: Motion Hearing held on 7/17/2023. Hearing on Plaintiff's 2 Joint Motion for Entry of Consent Decree; Ordered counsel to file entry of appearance on CMECF. Ordered counsel to submit revised consent decree. Hearing to be set by the court.(Court Reporter, Ann Marie Mitchell (856-576-7018)) (dmr) (Entered: 07/18/2023)

July 17, 2023

July 17, 2023

PACER
8

NOTICE of Appearance by MICHAEL E. CAMPION on behalf of UNITED STATES OF AMERICA (CAMPION, MICHAEL) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
9

NOTICE of Appearance by MARLYSHA MYRTHIL on behalf of UNITED STATES OF AMERICA (MYRTHIL, MARLYSHA) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
10

NOTICE of Appearance by MICHAEL LOUIS TESTA, SR on behalf of CUMBERLAND COUNTY, CUMBERLAND COUNTY DEPARTMENT OF CORRECTIONS (TESTA, MICHAEL) (Entered: 07/20/2023)

July 20, 2023

July 20, 2023

PACER
11

NOTICE of Appearance by CURTIS ARISTIDE HARRIS on behalf of UNITED STATES OF AMERICA (Attachments: # 1 Exhibit AO 458 Appearance of Counsel Form)(HARRIS, CURTIS) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER
12

Transcript of Motion Hearing held on 7/17/2023, before Judge Noel L. Hillman. Court Reporter/Transcriber Ann Marie Mitchell (856-576-7018). 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 8/14/2023. Redacted Transcript Deadline set for 8/24/2023. Release of Transcript Restriction set for 10/23/2023. (mag) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
13

STATUS REPORT by UNITED STATES OF AMERICA. (BALDON, JUNIS) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
14

TEXT ORDER: The Court noting the September 7, 2023 Status Report of the Plaintiff (ECF 13), the Plaintiff is directed to file an updated Status Report or move for approval of a final consent order no later than November 3, 2023. So Ordered by Judge Noel L. Hillman on 10/11/2023. (dmw) (Entered: 10/11/2023)

Oct. 11, 2023

Oct. 11, 2023

PACER

Order

Oct. 11, 2023

Oct. 11, 2023

PACER
15

Joint MOTION to Approve Consent Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Statement Joint Statement Pursuant to Local Rule 7.1(d)(4), # 2 Exhibit 1 - Revised Consent Decree (CLEAN), # 3 Exhibit 2 - Revised Consent Decree (REDLINE))(MYRTHIL, MARLYSHA) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Nov. 6, 2023

Nov. 6, 2023

PACER

Set Deadlines as to 15 Joint MOTION to Approve Consent Judgment . Motion set for 12/4/2023 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)

Nov. 6, 2023

Nov. 6, 2023

PACER

Notice of Hearing on Motion

Nov. 7, 2023

Nov. 7, 2023

PACER

NOTICE of Hearing on Motion 2 MOTION, 15 Joint MOTION to Approve Consent Judgment :In person Motion hearing set for 11/14/2023 at 2:00 PM in Camden - Courtroom 3A before Judge Noel L. Hillman. (gn )

Nov. 7, 2023

Nov. 7, 2023

PACER
16

Minute Entry for proceedings held before Judge Noel L. Hillman: Motion Hearing held on 11/14/2023. Hearing on plaintiff's 2 Joint Motion to Enter Proposed Consent Decree; 15 Joint Motion to Approve Consent Judgment; Ordered Motions Granted. Ordered counsel to submit revised order. (Court Reporter, Camille Pedano (856-576-7015)) (dmr, ) (Entered: 11/15/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
17

Letter re 16 Motion Hearing,. (Attachments: # 1 Exhibit 1 - Final Revised Consent Decree)(MYRTHIL, MARLYSHA) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

PACER
18

CONSENT DECREE. Signed by Judge Noel L. Hillman on 11/20/2023. (dmr) (Entered: 11/20/2023)

Nov. 20, 2023

Nov. 20, 2023

Clearinghouse

Terminate Civil Case

Nov. 27, 2023

Nov. 27, 2023

PACER

***Civil Case Terminated per Order doc. 18 (dmr)

Nov. 27, 2023

Nov. 27, 2023

PACER
19

Transcript of Continued Motion Hearing held on 11/14/2023, before Judge Hillman. Court Reporter/Transcriber Camille Pedano (856-576-7015). 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 12/28/2023. Redacted Transcript Deadline set for 1/8/2024. Release of Transcript Restriction set for 3/6/2024. (js) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
20

Letter from the Department of Justice re 18 Stipulation and Order. (Attachments: # 1 Redacted Monitor's Report)(BALDON, JUNIS) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER

Add and Terminate Judges

July 22, 2024

July 22, 2024

PACER

Judge Edward S. Kiel added. Judge Noel L. Hillman no longer assigned to case. (dmw)

July 22, 2024

July 22, 2024

PACER
21

Letter from Assistant U.S. Attorney Junis L. Baldon on behalf of the United States. (Attachments: # 1 Second Monitor's Report)(BALDON, JUNIS) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

PACER
22

TEXT ORDER: A status conference is scheduled before District Judge Edward S. Kiel for December 16, 2024 at 3:00 p.m. in Courtroom 4D. So Ordered by Judge Edward S. Kiel on 12/11/2024. (gn, ) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER

Text Order

Dec. 11, 2024

Dec. 11, 2024

PACER
23

Letter from Assistant U.S. Attorney Junis L. Baldon on behalf of the United States re 22 Text Order. (BALDON, JUNIS) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
24

LETTER ORDER, Granting the request to postpone the 12/16/2024 Status Conference. Signed by Judge Edward S. Kiel on 12/13/2024. (js) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER
25

Letter from Assistant U.S. Attorney Junis L. Baldon on behalf of the United States re 24 Order, 23 Letter. (BALDON, JUNIS) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

PACER
26

TEXT ORDER: The Court will hold an in-person status conference in Courtroom 4D of the Mitchell H. Cohen Building & U.S. Courthouse in Camden, New Jersey on February 4, 2025 at 3:30 p.m. So Ordered by Judge Edward S. Kiel on 12/23/2024. (gn, ) (Entered: 12/23/2024)

Dec. 23, 2024

Dec. 23, 2024

PACER

Text Order

Dec. 23, 2024

Dec. 23, 2024

PACER
27

Minute Entry for proceedings held before Judge Edward S. Kiel: Status Conference held on 2/4/2025. Status hearing held re: 21 Letter from Assistant U.S. Attorney. (Court Reporter, Ann Marie Mitchell (856-576-7018)) (dmr) (Entered: 02/05/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP
28

Transcript of Status Conference held on 2/4/2025, before Judge Kiel. Court Reporter/Transcriber Ann Marie Mitchell (856-576-7018). 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 3/14/2025. Redacted Transcript Deadline set for 3/24/2025. Release of Transcript Restriction set for 5/22/2025. (js) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
29

Letter from Assistant U.S. Attorney Junis L. Baldon on behalf of the United States re 28 Transcript,,,. (Attachments: # 1 Third Monitor's Report)(BALDON, JUNIS) (Entered: 02/28/2025)

1 Third Monitor's Report

View on RECAP

Feb. 28, 2025

Feb. 28, 2025

RECAP
30

TEXT ORDER: A status conference is scheduled for April 3, 2025 at 10:00 a.m. The status conference will be conducted by Teams video conference. Click here to join the meeting. Alternatively, the meeting ID is 247 608 988 533 and the passcode is aZ9v5Q5S. So Ordered by Judge Edward S. Kiel on 3/1/2025. (gn, ) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

PACER

Text Order

March 1, 2025

March 1, 2025

PACER
31

Status Conference

April 3, 2025

April 3, 2025

PACER

Text Order

April 3, 2025

April 3, 2025

PACER
33

Transcript

April 21, 2025

April 21, 2025

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: May 17, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cumberland County Department of Corrections (Cumberland), County

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.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

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

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Order Duration: 2023 - None

Issues

General/Misc.:

Conditions of confinement

Pattern or Practice

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Suicide prevention (facilities)