Case: Hairston v. Fauver

2:90-cv-01850 | U.S. District Court for the District of New Jersey

Filed Date: May 5, 1990

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On May 5, 1990, inmates filed suit in the U.S. District Court, District of New Jersey, under 42 U.S.C. § 1983, against New Jersey corrections officials. At least one of the issues the plaintiffs raised was the instillation of double bunks in single cells. On August 31, 1990, plaintiffs moved to have a permanent injunction issued and to be certified as a class. The case was reassigned to Judge William Bassler and on November 4, 1994, was dismissed as settled. On November 28, 1994, the class w…

On May 5, 1990, inmates filed suit in the U.S. District Court, District of New Jersey, under 42 U.S.C. § 1983, against New Jersey corrections officials. At least one of the issues the plaintiffs raised was the instillation of double bunks in single cells. On August 31, 1990, plaintiffs moved to have a permanent injunction issued and to be certified as a class. The case was reassigned to Judge William Bassler and on November 4, 1994, was dismissed as settled. On November 28, 1994, the class was certified by Judge Bassler. An inmate filed an objection to the proposed settlement in June 29, 1995. On December 6, 1995 Judge Bassler approved the proposed settlement agreement.

The settlement applied only to Northern State Prison, and was limited to two years. The settlement required that medical records be kept for every prisoner and that any visit with medical staff, including trips outside the prison, be kept according to New Jersey's set regulations. Complete files were also to be kept on all clinical heath workers. The prison was to offer continuing medical education and reference books for its staff. The prison was also to perform thorough medical reviews of inmates within two weeks of arrival and to test for tuberculosis annually. The settlement also required the prison to maintain all their medical machines, a pharmacy, and a therapeutic quality assurance committee. All prisoners were to see a dentist within one month of request, unless it was an emergency, in which case the inmate was to be seen within 24 hours. An obstetrician and gynecologist were to be available for female inmates at least one time per week. Inmates were also to receive a mental health assessment within two weeks of arrival. The plaintiffs counsel was permitted to inspect the medical facilities once per year and was to receive copies of sick call requests and determinations on a quarterly basis. The settlement order terminated two years from execution because the court did not find that the defendants were not in substantial compliance with the terms of the agreement.

Summary Authors

Jaclyn Adams (2/13/2006)

People


Judge(s)

Bassler, William G. (New Jersey)

Wolin, Alfred M. (New Jersey)

Attorneys(s) for Plaintiff

Jacobi, John V. (New Jersey)

Attorneys(s) for Defendant

Bollheimer, Ronald L. (New Jersey)

Brown, Catherine M. (New Jersey)

Poritz, Deborah T. (New Jersey)

Other Attorney(s)

Active

Active

Judge(s)

Bassler, William G. (New Jersey)

Wolin, Alfred M. (New Jersey)

Attorneys(s) for Plaintiff

Jacobi, John V. (New Jersey)

Attorneys(s) for Defendant

Bollheimer, Ronald L. (New Jersey)

Brown, Catherine M. (New Jersey)

Poritz, Deborah T. (New Jersey)

Other Attorney(s)

Freamon, Bernard K. (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Documents in the Clearinghouse

Document

2:90-cv-01850

Docket (PACER)

Dec. 6, 1995

Dec. 6, 1995

Docket

2:90-cv-01850

Settlement Agreement

Nov. 10, 1994

Nov. 10, 1994

Settlement Agreement

Docket

Last updated Aug. 31, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT W/JURY DEMAND filed; (femp) (Entered: 05/16/1990)

May 11, 1990

May 11, 1990

2

NOTICE of Allocation and Assignment filed. Magistrate G. DONALD HANEKE (femp) (Entered: 05/16/1990)

May 11, 1990

May 11, 1990

3

ORDER, granting to proceed in forma pauperis filed ( signed by Judge Alfred M. Wolin ) (femp) Modified on 05/16/1990 (Entered: 05/16/1990)

May 11, 1990

May 11, 1990

4

Notice of MOTION for order to show cause, by EUGENE P. HAIRSTON, GREGORY PERRY, WALTER TILLERY, NAIM SHABAZZ, DANIEL PILUSO, TARIQ WATSON ret'ble date to be set (brief sub) Cert of Serv., Motion hearing filed. (femp) Modified on 05/17/1990 (Entered: 05/16/1990)

May 11, 1990

May 11, 1990

6

Letter of pltf. addressing Judge Wolin's letter of 5-24-90 with verified certifications of Eugene P. Hairston, Walter Tillery, Gregory Perry and Daniel Piluso. (femp) (Entered: 06/13/1990)

June 5, 1990

June 5, 1990

5

ORDER TO SHOW CAUSE: directing dfts., Fauver, Hilton, Rafferty & Stephen to appear & show why an order should not be entered directing dfts. not to continue to install double bunks in the single cells at Northern State Prison etc. Show Cause Hearing set for 6/25/90 ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 06/07/1990)

June 6, 1990

June 6, 1990

8

ORDER, vacating [5-1] order to Show Cause , terminated deadlines , to show cause , reset show cause hearing for 2:00 7/9/90 ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 06/20/1990)

June 20, 1990

June 20, 1990

SUMMONS(ES) issued for WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY, ROBERT E. STEPHENS (20) days (USM BOX) (femp) (Entered: 06/20/1990)

June 20, 1990

June 20, 1990

9

Notice of CROSS MOTION by ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY for summary judgment , Motion hearing set for 7/9/90 on [9-1] cross motion proof of serv. (brief sub.) (pv) (Entered: 07/10/1990)

July 2, 1990

July 2, 1990

10

CERTIFICATE OF SERVICE by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON of letter brief in opposition etc. (pv) (Entered: 07/12/1990)

July 10, 1990

July 10, 1990

11

AFFIDAVIT by ROBERT E. STEPHENS w/cert. of svc. (cs) (Entered: 07/19/1990)

July 10, 1990

July 10, 1990

12

NOTICE of attorney appearance for pltfs., TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON by BERNARD K. FREAMON,ESQ. (cs) (Entered: 07/19/1990)

July 13, 1990

July 13, 1990

13

ORDER denying [7-1] motion for appointment of counsel and proof of svc. (Brief sub. ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 07/20/1990)

July 16, 1990

July 16, 1990

14

RETURN OF SERVICE executed as to WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY 6/22/90 Answer due on 7/12/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER (cs) (Entered: 07/25/1990)

July 25, 1990

July 25, 1990

15

Return of service unexecuted as to ROBERT E. STEPHENS (cs) (Entered: 07/25/1990)

July 25, 1990

July 25, 1990

16

RETURN OF SERVICE executed as to dft., ROBERT E. STEPHENS 6/22/90 Answer due on 7/12/90 for ROBERT E. STEPHENS (cs) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

17

Notice of MOTION by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON for preliminary injunction , to certify class action , for Thomas Rodgers to intervene as party pltf. Motion hearing set for 9/24/90 on [17-1] motion, set for 9/24/90 on [17-2] motion, set for 9/24/90 on [17-3] motion cert of svc. (Brief sub) . (cs) (Entered: 09/07/1990)

Aug. 31, 1990

Aug. 31, 1990

18

AFFIDAVIT by THOMAS RODGERS Re: [17-1] motion for preliminary injunction, [17-2] motion to certify class action, [17-3] motion to intervene as party pltf. (cs) (Entered: 09/07/1990)

Aug. 31, 1990

Aug. 31, 1990

19

CERTIFICATION by EUGENE P. HAIRSTON Re: [17-1] motion for preliminary injunction, [17-2] motion to certify class action, [17-3] motion to intervene as party pltf. (cs) (Entered: 09/07/1990)

Aug. 31, 1990

Aug. 31, 1990

20

CERTIFICATION OF BERNARD K. FREAMON, COUNSEL FOR PLTFS. (cs) (Entered: 09/07/1990)

Aug. 31, 1990

Aug. 31, 1990

21

AMENDED COMPLAINT by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON, THOMAS RODGERS , (Answer due 9/10/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS ) amending [1-1] complaint (cs) (Entered: 09/10/1990)

Aug. 31, 1990

Aug. 31, 1990

22

RETURN OF SERVICE executed as to dfts., ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY 6/22/90 Answer due on 7/12/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS (cs) (Entered: 09/17/1990)

Sept. 11, 1990

Sept. 11, 1990

23

AFFIDAVIT by GARY HILTON. (cs) (Entered: 09/26/1990)

Sept. 24, 1990

Sept. 24, 1990

24

AFFIDAVIT of JOHN FORKER. (cs) (Entered: 09/26/1990)

Sept. 24, 1990

Sept. 24, 1990

25

AFFIDAVIT of STANLEY REPKO. (cs) (Entered: 09/26/1990)

Sept. 24, 1990

Sept. 24, 1990

26

AFFIDAVIT of Albert Pinkney (ac) (Entered: 10/03/1990)

Oct. 2, 1990

Oct. 2, 1990

27

Minute entry: Proceedings recorded by Ct-Reporter: Charles McGuire; (Wolin) Minutes of: 10/9/90; The following actions were taken, denying [17-1] motion for preliminary injunction granting [17-2] motion to certify class action granting [17-3] motion to intervene as party pltf. (cs) (Entered: 10/10/1990)

Oct. 9, 1990

Oct. 9, 1990

28

ORDER granting [17-3] motion for Thomas Rodgers to intervene as party pltf.and directing defts to file an ans to 2nd amended complt. etc. ( signed by Judge Alfred M. Wolin ) N/M (ac) (Entered: 10/17/1990)

Oct. 10, 1990

Oct. 10, 1990

29

SECOND AMENDED COMPLAINT by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON, THOMAS RODGERS, THOMAS RODGERS , (Answer due 10/29/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS ) amending [1-1] complaint w/proof of mailing attached (no summonses p/atty) (ac) (Entered: 10/23/1990)

Oct. 19, 1990

Oct. 19, 1990

30

NOTICE of attorney appearance for pltfs., THOMAS RODGERS, THOMAS RODGERS, TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON by LAWRENCE S LUSTBERG (ac) (Entered: 11/07/1990)

Nov. 1, 1990

Nov. 1, 1990

31

APPLICATION by ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY and Clerk's Order extending time to answer. Answer due 11/19/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS (ac) Modified on 11/07/1990 (Entered: 11/07/1990)

Nov. 7, 1990

Nov. 7, 1990

32

ANSWER to Complaint by defts ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY; jury demand (ac) (Entered: 11/21/1990)

Nov. 19, 1990

Nov. 19, 1990

33

SCHEDULING LETTER ORDER advising parties that matter will be pretried on submissions; directing all pretrial memoranda to be submitted by 3/1/91 and for pltfs. to advise the Court in writing if any changes in addresses etc. ( signed by Magistrate G. D. Haneke ) n/m (cs) Modified on 04/08/1991 (Entered: 12/03/1990)

Nov. 30, 1990

Nov. 30, 1990

34

NOTICE of by pltf., EUGENE P. HAIRSTON of change of address. (cs) (Entered: 04/08/1991)

April 8, 1991

April 8, 1991

35

SCHEDULING ORDER setting Discovery cutoff 11/15/91 ; Status conference 11/27/91 ; ( signed by Magistrate G. D. Haneke )N/M (ac) (Entered: 05/28/1991)

May 24, 1991

May 24, 1991

36

NOTICE of change of address by pltf EUGENE P. HAIRSTON (ac) (Entered: 09/16/1991)

Sept. 12, 1991

Sept. 12, 1991

clerk's note: deft motion for s/j fld. 7-10-90 was w/drawn by consent per brief submitted on 9-10-90 (gh) (Entered: 11/01/1991)

Nov. 1, 1991

Nov. 1, 1991

37

ORDER of Re-Assignment from Judge Alfred M. Wolin to Judge Alfred J. Lechner, Jr. ( signed by Chief Judge John F. Gerry ) (DD) (Entered: 12/07/1993)

Dec. 3, 1993

Dec. 3, 1993

CASE reassigned to Judge Alfred J. Lechner, Jr. (DD) (Entered: 12/07/1993)

Dec. 3, 1993

Dec. 3, 1993

38

ORDER, set status conference for 9:00 10/14/94 ( signed by Magistrate Dennis M. Cavanaugh ) (NM) (jb) (Entered: 06/14/1994)

June 13, 1994

June 13, 1994

39

ORDER re-assigning action from the Hon. Alfred J. Lechner, Jr. to Hon. William G. Bassler ( signed by Chief Judge John F. Gerry ) (NM) (jb) (Entered: 06/27/1994)

June 24, 1994

June 24, 1994

40

ORDER, dismissing as settled ( signed by Judge William G. Bassler ) (ej) (Entered: 11/10/1994)

Nov. 4, 1994

Nov. 4, 1994

Case closed (ej) (Entered: 11/10/1994)

Nov. 10, 1994

Nov. 10, 1994

41

ORDER, certifying class action & directing notice of proposed settlement att/thereto ( signed by Judge William G. Bassler ) (pv) (Entered: 12/01/1994)

Nov. 28, 1994

Nov. 28, 1994

43

ORDER, reset settlement conference for 10:00 6/8/95 ( signed by Judge William G. Bassler ) (femp) (Entered: 05/25/1995)

May 23, 1995

May 23, 1995

44

Notice of MOTION to file an objection to the proposed settlement concerning the health services provided to prisoners in Northern State Prison by TONY BARNES, Motion hearing set for 7/24/95 on [44-1] motion . (SILB Subm)/certification of service. (femp) (Entered: 07/05/1995)

June 29, 1995

June 29, 1995

45

CERTIFICATION of TONY BARNES Re: [44-1] motion to file an objection to the proposed settlement concerning the health services provided to prisoners in Northern State Prison (femp) (Entered: 07/05/1995)

June 29, 1995

June 29, 1995

46

ORDER (letter from JOHN JACOBI to Judge BASSLER) Re: Judge Bassler's instructions regarding the process for reviewing objections on the proposed settlement. ( signed by Judge William G. Bassler ) (femp) (Entered: 07/21/1995)

July 20, 1995

July 20, 1995

47

Minute entry: Proceedings recorded by Ct-Reporter: W. PERELLI; Minutes of: 09/28/95; The following actions were taken, Fairness hrg. conducted to approve settlement. Decision reserved. Opinion & Order approving settlement to be filed. By Judge William G. Bassler (femp) (Entered: 10/06/1995)

Sept. 28, 1995

Sept. 28, 1995

48

OPINION ( signed by Judge William G. Bassler ) (femp) (Entered: 12/07/1995)

Dec. 6, 1995

Dec. 6, 1995

49

ORDER approving proposed Settlement Agreement of all parties filed 11/28/94. (signed by Judge William G. Bassler ) (femp) (Entered: 12/07/1995)

Dec. 6, 1995

Dec. 6, 1995

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 5, 1990

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of New Jersey

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Northern State Prison (Newark, Essex), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

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: 1995 - 1997

Issues

General:

Suicide prevention

Crowding:

Crowding / caseload

Type of Facility:

Government-run