Case: Pack v. Beyer

3:91-cv-03709 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 20, 1991

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 20, 1991, an inmate in the New Jersey State Prison [NJSP] filed this pro se civil rights action pursuant to 42 U.S.C.A. § 1983 in the U.S. District Court for the District of New Jersey, alleging that he and other African American inmates had been unlawfully placed in the Management Control Unit [MCU] of the NJSP solely because of their race and their affiliation with the Afrikan National Ujamma, an alleged terrorist organization. Numerous similar pro se lawsuits followed. The Distri…

On August 20, 1991, an inmate in the New Jersey State Prison [NJSP] filed this pro se civil rights action pursuant to 42 U.S.C.A. § 1983 in the U.S. District Court for the District of New Jersey, alleging that he and other African American inmates had been unlawfully placed in the Management Control Unit [MCU] of the NJSP solely because of their race and their affiliation with the Afrikan National Ujamma, an alleged terrorist organization. Numerous similar pro se lawsuits followed. The District Court consolidated all of the cases on October 1, 1993 with the lead case Pack v. Beyer, Civil Docket No. 91-3709 (GEB). Counsel was appointed to represent the plaintiffs. Plaintiffs sought injunctive and declaratory relief.

The parties engaged in somewhat contentious discovery, which resulted in several hearings and court rulings. See Pack v. Beyer, 157 F.R.D. 219 (D.N.J.1993) and Pack v. Beyer, 157 F.R.D. 226 (D.N.J.1994) for a recitation of the various discovery issues. After several years of discovery, the parties engaged in settlement negotiations and reached a proposed agreement to resolve all issues.

Following a settlement hearing, held on July 14, 1995, the parties consented to the jurisdiction of the Magistrate Judge. On September 25, 1995, (U.S. Magistrate Judge John J. Hughes) certified the class and set the case for an approval hearing. On December 15, 1995, Magistrate Judge Hughes approved the Settlement Agreement and adopted its terms as an order of the Court Judge Hughes also awarded attorneys fees of $150,000 to Plaintiffs' counsel and ordered the appointment of a Special Master. Pack v. Beyer, 1995 WL 775360 (D.N.J. Dec. 22, 1995).

The Court appointed Matthew P. Boylan as the Special Master.

The Settlement Agreement contained policies and procedures to be implemented by the New Jersey DOC regarding the circumstances and placement of any plaintiff inmate in the MCU. Those new policies and procedures included a review process whereby the Special Master would hear appeals of the Management Control Unit Review Committee [MCURC] decisions to place plaintiff class members into the MCU. The Agreement specified its duration at 2 ½ years.

Magistrate Judge Hughes entered several orders (dated 10/13/1999, 4/19/2000, 10/23/2000, 6/22/2001, 12/17/2001 and 2/19/2002) extending the duration of the Settlement Agreement, the last of which extended the duration to February 28, 2002.

Following approval of the Settlement Agreement, inmates filed various motions to enforce the Settlement Agreement and requesting other relief. Most of those motions were denied on their merits or as moot.

On May 2, 2002, the Court (Magistrate Judge Hughes) issued an order dissolving the Settlement Agreement and closing the entire case. Several pro se inmate appeals followed. According to the PACER docket, those appeals were dismissed for failure to prosecute. See also Pack v. Beyer, 65 Fed.Appx. 874 (3rd Cir. Table 2003) and Pack v. Beyer, 80 Fed.Appx. 287 (3rd Cir. Table 2003).

No further case activity was noted on the docket.

Summary Authors

Dan Dalton (3/12/2007)

People


Judge(s)

Hughes, John J. (New Jersey)

Thompson, Anne Elise (New Jersey)

Attorneys(s) for Plaintiff

Jacobi, John V. (New Jersey)

Attorneys(s) for Defendant

Berk, Deborah (New Jersey)

Gnatt, Deborah (New Jersey)

McCoach, Howard J. (New Jersey)

Moratti, Dianne M. (New Jersey)

Poritz, Deborah T. (New Jersey)

Roth, Allan C. (New Jersey)

Judge(s)

Hughes, John J. (New Jersey)

Thompson, Anne Elise (New Jersey)

Attorneys(s) for Plaintiff

Jacobi, John V. (New Jersey)

Attorneys(s) for Defendant

Berk, Deborah (New Jersey)

Gnatt, Deborah (New Jersey)

McCoach, Howard J. (New Jersey)

Moratti, Dianne M. (New Jersey)

Poritz, Deborah T. (New Jersey)

Roth, Allan C. (New Jersey)

Documents in the Clearinghouse

Document

3:91-cv-03709

Docket (PACER)

March 15, 2004

March 15, 2004

Docket
62

90-cv-03884

Memorandum and Order

157 F.R.D. 219

Nov. 3, 1993

Nov. 3, 1993

Order/Opinion
78

3:91-cv-03709

Memorandum and Order

157 F.R.D. 226

April 5, 1994

April 5, 1994

Order/Opinion
108

3:91-cv-03709

Settlement Agreement

Sept. 14, 1995

Sept. 14, 1995

Settlement Agreement

3:91-cv-03709

Memorandum Opinion

1995 WL 775360, 1995 U.S.Dist.LEXIS 19542

Dec. 22, 1995

Dec. 22, 1995

Order/Opinion

01-04388

Opinion

U. S. Court of Appeals for the Third Circuit

65 Fed.Appx. 874

April 11, 2003

April 11, 2003

Order/Opinion

02-03908

Appeal Dismissed without Opinion

U. S. Court of Appeals for the Third Circuit

80 Fed.Appx. 287

June 30, 2003

June 30, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Affidavit to proceed in Forma Pauperis filed; jury demand (AC) (Entered: 08/21/1991)

Aug. 20, 1991

Aug. 20, 1991

2

ORDER, granting in forma pauperis ( signed by Judge Garrett E. Brown, Jr. ) (NM) (AC) (Entered: 08/21/1991)

Aug. 20, 1991

Aug. 20, 1991

SUMMONS(ES) issued for HOWARD L. BEYER, VERNON JOHNSON, DAVID PARRISH, CAPTAIN G. CATAPANO, R. HOLVEY, INV. DAVIES (20 Days) (TO USM) (AC) (Entered: 08/21/1991)

Aug. 21, 1991

Aug. 21, 1991

3

NOTICE of Allocation and Assignment filed. Magistrate Wolfson (Trenton - Brown)(NM) (AC) (Entered: 08/21/1991)

Aug. 21, 1991

Aug. 21, 1991

4

Notice of MOTION for temporary restraining order by pltfs, HARRY PACK, and BRUCE KING; Motion hearing set for 10/7/91 on [4-1] motion . (po/brief) (dg) (Entered: 09/10/1991)

Sept. 9, 1991

Sept. 9, 1991

5

MEMORANDUM AND ORDER dismissing pltfs' [4-1] motion for a preliminary injunction without prej. to its renewal after proper service ( signed by Judge Garrett E. Brown, Jr. ) (dg) (Entered: 09/23/1991)

Sept. 20, 1991

Sept. 20, 1991

6

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 10/07/91; The following actions were taken, [4-1] motion for temporary restraining order taken under advisement By Judge Garrett E. Brown, Jr. (ms) (Entered: 10/16/1991)

Oct. 7, 1991

Oct. 7, 1991

7

ORDER TO SHOW CAUSE: Show Cause Hearing set for 10:00 10/29/91 why certain order should not be vacated, etc. (signed by Judge Garrett E. Brown, Jr.) (NM) (ms) (Entered: 10/16/1991)

Oct. 10, 1991

Oct. 10, 1991

8

RETURN OF SERVICE executed as to defts, DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, and CAPTAIN G. CATAPANO on 10/10/91. Answer due on 10/30/91. (dg) (Entered: 10/29/1991)

Oct. 28, 1991

Oct. 28, 1991

9

Return of service unexecuted as to deft, DAVIES. (dg) (Entered: 10/29/1991)

Oct. 28, 1991

Oct. 28, 1991

10

AFFIDAVIT Madeleine W. Mansier, Re: [7-2] in response to order to show cause of 10.9.91. (dg) (Entered: 10/29/1991)

Oct. 28, 1991

Oct. 28, 1991

11

APPLICATION by defts, DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, and CAPTAIN G. CATAPANO and Clerk's Order extending time to answer. Answer due 11/13/91. (dg) (Entered: 10/30/1991)

Oct. 28, 1991

Oct. 28, 1991

13

ANSWER to Complaint by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, CAPTAIN G. CATAPANO; jury demand (dg) (Entered: 11/18/1991)

Nov. 13, 1991

Nov. 13, 1991

14

ORDER, set pretrial order due for 5/19/92 ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 11/18/1991)

Nov. 18, 1991

Nov. 18, 1991

15

Notice of MOTION by pltf for leave to file an amended complaint ; Motion hearing set for 1/6/92 on [15-1] motion . (po) (dg) (Entered: 11/26/1991)

Nov. 25, 1991

Nov. 25, 1991

16

LETTER by pltf re: motion for leave to amend ret'ble 1/6/92 (ms) (Entered: 12/03/1991)

Dec. 2, 1991

Dec. 2, 1991

17

Minute entry: Minutes of: 12.16.91; The following actions were taken, By Judge Garrett E. Brown, Jr. : OTSC re: why certain order should not be vacated, etc - rule 78. (dg) (Entered: 12/17/1991)

Dec. 16, 1991

Dec. 16, 1991

18

Minute entry: Minutes of: 1.6.92; The following actions were taken, [15- 1] motion for leave to file an amended complaint taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 01/10/1992)

Jan. 6, 1992

Jan. 6, 1992

Motion hearing re: [15-1] motion for leave to file an amended complaint Motion hearing held (dg) (Entered: 01/10/1992)

Jan. 6, 1992

Jan. 6, 1992

19

MEMORANDUM AND ORDER granting pltf's [15-1] motion for leave to file an amended complaint ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 01/22/1992)

Jan. 22, 1992

Jan. 22, 1992

21

Notice of MOTION by pltf, Harry Pack, to compel certain discovery ; Motion hearing set for 3/16/92 on [21-1] motion . (po) (dg) (Entered: 02/18/1992)

Feb. 11, 1992

Feb. 11, 1992

20

AMENDED COMPLAINT by pltf, HARRY PACK , amending [1-1] complaint (dg) (Entered: 02/14/1992)

Feb. 13, 1992

Feb. 13, 1992

SUMMONS on the amended complaint issued for INV. DAVEY ( 20 Days) (Mailed to Counsel) (dg) (Entered: 02/14/1992)

Feb. 14, 1992

Feb. 14, 1992

22

Minute entry: Minutes of: 3.16.92; The following actions were taken, [21-1] motion to compel certain discovery taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 03/18/1992)

March 16, 1992

March 16, 1992

23

ORDER denying as moot pltf, Pack's, [21-1] motion to compel certain discovery ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 03/18/1992)

March 16, 1992

March 16, 1992

24

Notice of MOTION to compel certain discovery by pltf, HARRY PACK; Motion hearing set for 5/4/92 on [24-1] motion . (po/memo) (dg) (Entered: 04/02/1992)

April 2, 1992

April 2, 1992

25

APPLICATION by deft, DEBORAH DAVEY, and Clerk's Order extending time to answer. Answer due 4/24/92 for DEBORAH DAVEY. (dg) (Entered: 04/13/1992)

April 8, 1992

April 8, 1992

26

ANSWER to Complaint by deft, DEBORAH DAVEY; jury demand (dg) (Entered: 04/28/1992)

April 24, 1992

April 24, 1992

27

Minute entry: Minutes of: 5.4.92; The following actions were taken, [24- 1] motion to compel certain discovery taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 05/06/1992)

May 4, 1992

May 4, 1992

Motion hearing re: [24-1] motion to compel certain discovery Motion hearing held (dg) (Entered: 05/06/1992)

May 4, 1992

May 4, 1992

28

RETURN OF SERVICE executed as to DEBORAH DAVEY 3/20/92 (ms) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

29

ORDER, resetting pretrial order due for 6/19/92 ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 05/19/1992)

May 19, 1992

May 19, 1992

30

MEMORANDUM AND ORDER granting in part, denying in part [24-1] motion to compel certain discovery and directing deft's to submit an application for a protective order. ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 05/27/1992)

May 26, 1992

May 26, 1992

31

Notice of MOTION for protective order by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, R. HOLVEY, CAPTAIN G. CATAPANO, Motion hearing set for 10:00 7/6/92 on [31-1] motion . (Ltr Brief & P.O. Subm) (am) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

AFFIDAVIT by HOWARD L. BEYER in support Re: [31-1] motion for protective order (am) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

33

AFFIDAVIT by WILLIAM H. FAUVER in support Re: [31-1] motion for protective order (am) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

34

AFFIDAVIT by ALLAN C. ROTH. (am) (Entered: 06/18/1992)

June 18, 1992

June 18, 1992

35

LETTER ORDER resetting discovery due for 8/31/92 and directing pltf's to refile their pretrial memorandum if further discovery is received. ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 06/29/1992)

June 26, 1992

June 26, 1992

36

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 7/6/92; The following actions were taken, [31-1] motion for protective order taken under advisement By Magistrate Freda L. Wolfson (am) (Entered: 07/08/1992)

July 6, 1992

July 6, 1992

37

RETURN OF SERVICE executed as to DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, R. HOLVEY, CAPTAIN G. CATAPANO 10/10/91 (am) (Entered: 07/15/1992)

July 15, 1992

July 15, 1992

38

MEMORANDUM AND ORDER granting [31-1] motion for protective order, denying pltf 's application in opposition. (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

40

Substitute attorney for ALL DEFENDANTS Terminated attorney ALLAN C. ROTH for ALL DEFENDANTS; Added, DIANNE M. MORATTI (eh) (Entered: 02/02/1993)

Jan. 29, 1993

Jan. 29, 1993

41

Notice of MOTION for leave to file AMENDED COMPLAINT by HARRY PACK, Motion hearing set for 10:00 4/19/93 on [41-1] motion (Brief & PO subm) (mgr) (Entered: 03/22/1993)

March 22, 1993

March 22, 1993

42

Notice of MOTION for protective order by ALL DEFENDANTS. Motion hearing set for 10:00 5/17/93 on [42-1] motion . (BRIEF/PO) (eh) (Entered: 04/16/1993)

April 16, 1993

April 16, 1993

43

AFFIDAVIT by DIANE MORATTI, for defts, in support Re: [42-1] motion for protective order (eh) (Entered: 04/16/1993)

April 16, 1993

April 16, 1993

44

AFFIDAVIT by HOWARD L. BEYER in support Re: [42-1] motion for protective order (eh) (Entered: 04/16/1993)

April 16, 1993

April 16, 1993

45

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 4/19/93; The following actions were taken, [41-1] motion for leave to file AMENDED COMPLAINT taken under advisement By Judge Garrett E. Brown, Jr. (eh) (Entered: 04/21/1993)

April 19, 1993

April 19, 1993

46

MEMORANDUM AND ORDER denying [41-1] motion for leave to file AMENDED COMPLAINT and denying pltfs' motion for appointment of counsel. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) (Entered: 04/29/1993)

April 29, 1993

April 29, 1993

47

Notice of MOTION to compel discovery by HARRY PACK, Motion hearing set for 10:00 5/17/93 on [47-1] motion . (BRIEF/PO) (PER CHAMBERS) (eh) (Entered: 05/03/1993)

April 30, 1993

April 30, 1993

48

CERTIFICATION of HARRY PACK in support Re: [47-1] motion to compel discovery (eh) (Entered: 05/03/1993)

April 30, 1993

April 30, 1993

49

AFFIDAVIT of service of discovery by DIANE MORATTI. (eh) (Entered: 05/11/1993)

May 11, 1993

May 11, 1993

50

Notice of MOTION for reconsideration of [46-1] order by HARRY PACK, Motion hearing set for 10:00 6/7/93 on [50-1] motion (Brief & PO subm) (mgr) (Entered: 05/11/1993)

May 11, 1993

May 11, 1993

51

LETTER ORDER [47-1] motion to compel discovery taken under advisement and [42-1] motion for protective order taken under advisement pending decision of District Court. (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 05/25/1993)

May 24, 1993

May 24, 1993

52

Minute entry: Proceedings NOT RECORDED; Minutes of: 6/7/93; This action taken: [50-1] motion for reconsideration of [46-1] order taken under advisement By Judge Garrett E. Brown, Jr. (mgr) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

53

ORDER denying [50-1] motion for reconsideration of [46-1] order ( signed by Judge Garrett E. Brown, Jr. ) (lk) (Entered: 06/07/1993)

June 7, 1993

June 7, 1993

55

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 9/20/93; The following actions were taken, [42-1] motion for protective order stayed pending Lumumba decision of GEB. By Magistrate Freda L. Wolfson (eh) (Entered: 09/24/1993)

Sept. 20, 1993

Sept. 20, 1993

56

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 9/20/93; The following actions were taken, [47-1] motion to compel discovery stayed pending Lumumba decision of GEB. By Magistrate Freda L. Wolfson (eh) (Entered: 09/24/1993)

Sept. 20, 1993

Sept. 20, 1993

54

ORDER, staying the disposition of pltf's [47-1] motion for discovery and deft's [42-1] motion for a protective order until there is a decision on the state secret privlege in CV91-3884(AET). (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 09/22/1993)

Sept. 21, 1993

Sept. 21, 1993

57

ORDER of Reassignment. Terminated Judge Garrett E. Brown, Jr.; Assigned Judge Anne E. Thompson. (eh) (Entered: 09/30/1993)

Sept. 30, 1993

Sept. 30, 1993

58

ORDER, consolidating CV91-3884, CV92-3123, CV91-5672, CV92- 3499, CV92-1275 & CV92-3500 with this case and appointing Crummy, Deldeo, Dolan, Griffinger & Vecchione by John J. Jacobi, Esq. to represent the pltfs. in this consolidated matter (signed by Judge Anne E. Thompson) (SA) Modified on 10/01/1993 (Entered: 10/01/1993)

Oct. 1, 1993

Oct. 1, 1993

Consolidated Lead Case with CV91-3884, CV92-3123, CV91-5672, CV92-3499, CV92-1275 & CV92-3500. (SA) (Entered: 10/01/1993)

Oct. 1, 1993

Oct. 1, 1993

59

AFFIDAVIT of DIANNE M. MORATTI filed. (SA) (Entered: 10/07/1993)

Oct. 4, 1993

Oct. 4, 1993

60

LETTER ORDER granting FBI to review certain documents. (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 10/21/1993)

Oct. 19, 1993

Oct. 19, 1993

61

ORDER denying defts.' request for a stay of Mr. Jacobi's access to certain documents. (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 10/26/1993)

Oct. 25, 1993

Oct. 25, 1993

62

MEMORANDUM AND ORDER granting in part and denying in part pltfs' in limine motion to exclude certain evidence and to bar certain ex parte evidence, as filed under the member case of Lumumba v. Holvey , Civil 91-3884AET (signed by Magistrate John J. Hughes)(NM) (SA) Modified on 11/03/1993 (Entered: 11/03/1993)

Nov. 3, 1993

Nov. 3, 1993

63

NOTICE OF APPEAL filed at 3:53 P.M. by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, RONALD HOLVEY, CAPTAIN G. CATAPANO, WILLIAM H. FAUVER, DOROTHY WASHINGTON, EDWIN ROCHELLE, JOHN MILLER, WILLIAM STANLEY NUNN, ROY HENDRICKS, A. ORTIZ, GARY J. HILTON, NANGLE, E. FROMAN, JIM BARNES, J. HOBSON, W. J. MOLEINS, DONALD MEE, IRA R. FRIEDMAN, WILLIS MORTON Re: [60-1] order . Fee Status: PD.$105.00;REC.NO.181942. Copies of notice of appeal sent to USCA and Attorney(s): ALL COUNSEL OF RECORD. (AC) (Entered: 11/04/1993)

Nov. 3, 1993

Nov. 3, 1993

64

ORDER, vacating [54-1] order staying the disposition of pltf's [47-1] motion for discovery and deft's [42-1] motion for a protective order until there is a decision on the state secret privlege in CV91-3884(AET). ; dismissing as moot [47-1] motion to compel discovery; and dismissing as moot [42-1] motion for protective order (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 11/05/1993)

Nov. 4, 1993

Nov. 4, 1993

65

NOTICE of Docketing ROA from USCA Re: [63-1] appeal USCA NUMBER: 93-5666 (AC) (Entered: 11/08/1993)

Nov. 8, 1993

Nov. 8, 1993

66

Certified Copy Of Order from the USCA. Re: Granting appellants motion for a stay pending appeal (TEMPORARILY). (AC) (Entered: 11/08/1993)

Nov. 8, 1993

Nov. 8, 1993

67

JUDGMENT OF USCA (certified copy) Re: [63-1] appeal dismissing [63-1] appeal for lack of appellate jurisdiction; denying petition for mandamus and dissolving stay. (AC) (Entered: 11/22/1993)

Nov. 22, 1993

Nov. 22, 1993

68

Substitute attorney for defts, HENDRICKS, ORTIZ, NANGLE, FROMAN, BARNES, HOBSON, MOLEINS, FRIEDMAN, MORTON; Terminated attornies DEBORAH BERK, DEBORAH GNATT, HOWARD J. MCCOACH as to respective defts; Added DIANE M. MORATTI (mgr) (Entered: 11/30/1993)

Nov. 29, 1993

Nov. 29, 1993

Deadline updated; telephone conference for 4:30 1/18/94 (dg) (Entered: 12/01/1993)

Dec. 1, 1993

Dec. 1, 1993

69

CONSENT ORDER permitting the Deputy Attorney General and any witnesses who testified at certain hearings access to certain sealed audio tapes.(signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 12/16/1993)

Dec. 14, 1993

Dec. 14, 1993

70

Notice of MOTION for leave to examine certain documents by BRUCE KING, HARRY PACK, CHRISTOPHER BROWN, RICHARD HUNTER, ROBERT PARRISH, MAURICE TAYLOR, DANIEL RAWLS, COSMO DE APOLLA, DAUD OBIKA TULAM, JAHI SHAKUR, TAHARKA SENGHOR, RUMIEJAH UKAWABUTU, THOMAS WILLIAM MANNING [70-1] motion referred to Magistrate John J. Hughes, Motion hearing set for 10:00 2/7/94 on [70-1] motion . (femp) (Entered: 01/20/1994)

Jan. 20, 1994

Jan. 20, 1994

71

ORDER, sealing the record of the proceedings before the Hon. John J. Hughes on 2-7-94 (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 02/18/1994)

Feb. 17, 1994

Feb. 17, 1994

Deadline updated; discovery hearing for 2:00 3/21/94 (dg) (Entered: 03/04/1994)

March 4, 1994

March 4, 1994

73

TRANSCRIPT taken on 10/21/92 (UNDER SEAL) (SA) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

74

TRANSCRIPT taken on 09/21/92 (UNDER SEAL) (SA) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

75

TRANSCRIPT taken on 03/14/94 (UNDER SEAL) (SA) (Entered: 03/15/1994)

March 14, 1994

March 14, 1994

Deadline updated; discovery hearing for 11:30 3/28/94 (dg) (Entered: 03/15/1994)

March 15, 1994

March 15, 1994

76

ORDER sealing certain transcripts (signed by Magistrate John J. Hughes) (NM) (CORRECTED ENTRY OF 3/28/94) (ms) (Entered: 03/29/1994)

March 24, 1994

March 24, 1994

77

Minute entry: Proceedings recorded by Ct-Reporter: ESR; Minutes of: 03/28/94; The following actions were taken, denying [70-1] motion for leave to examine certain documents and ordered that the record be sealed. (By Magistrate John J. Hughes) (SA) (Entered: 04/06/1994)

March 28, 1994

March 28, 1994

78

MEMORANDUM AND ORDER denying [70-1] motion for leave to examine certain documents and directing deft. to disclose documents to rely on at trial or at a summary judgment proceedings staying orders pending appeal (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 04/06/1994)

April 5, 1994

April 5, 1994

79

TRANSCRIPT of Proceedings taken on 03/28/94 (UNDER SEAL) (SA) (Entered: 04/13/1994)

April 12, 1994

April 12, 1994

80

NOTICE of APPEAL of Magistrate decision to District Court RE: [78-1] order staying orders pending appeal By All Pltfs. Hearing on magistrate appeal set for 10:00 6/6/94 (PO & Brief subm) (SA) Modified on 04/29/1994 (Entered: 04/29/1994)

April 25, 1994

April 25, 1994

81

Notice of MOTION to direct pltfs to move to Certify Class and for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6- 94 by all defts. Motion hearing set for 10:00 6/20/94 on [81-1] motion, set for 10:00 6/20/94 on [81-2] motion . (PO & Brief subm) (SA) Modified on 05/17/1994 (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

82

AFFIDAVIT of Dianne M. Moratti, DAG supporting [81-1] motion to direct pltfs to move to Certify Class, [81-2] motion for leave to file an appeal, nunc pro tunc, [78-1] Magistrate ORDER OF 4-6-94 (SA) Modified on 05/17/1994 (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

83

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 06/20/94; The following actions were taken, withdrawing [81-1] motion to direct pltfs to move to Certify Class [81-2] motion for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6-94 taken under advisement (By Judge Anne E. Thompson) (SA) (Entered: 06/21/1994)

June 20, 1994

June 20, 1994

85

OPINION (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

86

ORDER denying [81-1] motion to direct pltfs to move to Certify Class, denying [81-2] motion for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6-94 granting in part, denying in part [80-1] Magistrate appeal (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 07/06/1994)

July 5, 1994

July 5, 1994

87

SCHEDULING ORDER setting Status conference 11:00 12/2/94; Settlement conference 2:00 8/29/94; directing parties to provide certain discovery; and directing defts to respond to certain settlement offer by 8/12/94 (signed by Magistrate John J. Hughes) (NM) (ms) (Entered: 07/14/1994)

July 14, 1994

July 14, 1994

88

SCHEDULING ORDER setting Status conference 11:00 12/2/94 ; Setting deadlines for certain pleadings. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/21/1994)

Sept. 19, 1994

Sept. 19, 1994

89

COPY OF ORDER, consolidating CV-93-5564 (AET) and CV-94-709 (MLP) with this case and appointing John V. Jacobi, Esq. from Crummy, DelDeo, Dolan, Griffinger & Vecchione to represent the pltfs. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/28/1994)

Sept. 19, 1994

Sept. 19, 1994

90

ORDER granting the deft.'s counsel permission to take deposition of Wayne Lee #260921. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/30/1994)

Sept. 30, 1994

Sept. 30, 1994

92

Notice of MOTION to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, RONALD HOLVEY, CAPTAIN G. CATAPANO, WILLIAM H. FAUVER, DOROTHY WASHINGTON, EDWIN ROCHELLE, JOHN MILLER, WILLIAM STANLEY NUNN, ROY HENDRICKS, A. ORTIZ, GARY J. HILTON, NANGLE, E. FROMAN, JIM BARNES, J. HOBSON, W. J. MOLEINS, DONALD MEE, IRA R. FRIEDMAN, WILLIS MORTON, RONALD PAICE, Motion hearing set for 10:00 10/24/94 on [92-1] motion . (PO & Brief subm) (SA) (Entered: 10/04/1994)

Sept. 30, 1994

Sept. 30, 1994

93

AFFIDAVIT of Dainne M. Moratti Re: supporting [92-1] motion to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim (SA) (Entered: 10/04/1994)

Sept. 30, 1994

Sept. 30, 1994

91

RESPONSE by HUMPHREY COHEN in opposition to notice of dismissal in CIVIL 94-709 (ms) (Entered: 10/03/1994)

Oct. 3, 1994

Oct. 3, 1994

Deadline updated; set settlement conference for 10:00 10/21/94 (dg) (Entered: 10/11/1994)

Oct. 11, 1994

Oct. 11, 1994

94

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 10/24/94; The following actions were taken, withdrawing [92-1] motion to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim (By Chief Judge Anne E. Thompson) (SA) (Entered: 10/26/1994)

Oct. 24, 1994

Oct. 24, 1994

Deadline updated; set settlement conference for 3:00 12/20/94 (dg) (Entered: 12/05/1994)

Dec. 5, 1994

Dec. 5, 1994

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 20, 1991

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African American inmates who had been confined to or recommended for confinement to the Management Control Unit ("MCU") of New Jersey State Prison ("NJSP") at any time since August 29, 1990.

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Jersey Department of Corrections, State

Management Control Unit at NJ State Prison (Trenton, Mercer), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

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: 1995 - 2002

Issues

General:

Administrative segregation

Racial segregation

Discrimination-basis:

Race discrimination

Affected Gender:

Male

Type of Facility:

Government-run