Case: Rouse v. Plantier

1:90-cv-03511 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 4, 1990

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On September 4, 1990, a diabetic inmate at the Adult Treatment and Diagnostic Center in Avenel, New Jersey, filed a pro se class action lawsuit under 42 U.S.C. §1983 and the Americans With Disabilities Act against the New Jersey Department of Corrections in the U.S. District Court for the District of New Jersey. The plaintiff asked the court for declaratory and injunctive relief, alleging that the defendants had violated his constitutional rights by failing to provide adequate medical care for…

On September 4, 1990, a diabetic inmate at the Adult Treatment and Diagnostic Center in Avenel, New Jersey, filed a pro se class action lawsuit under 42 U.S.C. §1983 and the Americans With Disabilities Act against the New Jersey Department of Corrections in the U.S. District Court for the District of New Jersey. The plaintiff asked the court for declaratory and injunctive relief, alleging that the defendants had violated his constitutional rights by failing to provide adequate medical care for his diabetes.

On December 14, 1994, the defendants asked the court to dismiss the complaint. On June 30, 1995, the U.S. District Court for the District of New Jersey (Judge William G. Bassler) partially granted the motion to dismiss. After a few years, the defendants again asked the court to dismiss the complaint. On December 5, 1997, the district court again denied the motion to dismiss, holding that the defendants were not entitled to qualified immunity. Rouse v. Plantier, 987 F.Supp. 302 (D.N.J. 1997). The defendants asked the court to allow them to reargue the case, and on February 9, 1998, the district court denied the request to reargue. Rouse v. Plantier, 997 F.Supp. 575 (D.N.J. 1998). The defendants appealed. On June 29, 1999, the U.S. Court of Appeals for the Third Circuit vacated and remanded, holding that the district court had erred in holding that all members of the plaintiff class had alleged a violation of their constitutional rights. Rouse v. Plantier, 182 F.3d 192 (3rd.Cir. 1999).

On June 6, 2001, the parties entered into a settlement agreement. On November 15, 2001, the district court (Judge Stephen Orlofsky) adopted the settlement agreement and closed the case.

Summary Authors

Kristen Sagar (2/16/2007)

People


Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Bassler, William G. (New Jersey)

Nygaard, Richard Lowell (Pennsylvania)

Orlofsky, Stephen Murray (New Jersey)

Attorneys(s) for Plaintiff

Gambrill, James Howard (New Jersey)

Ryan, James E. (New Jersey)

Attorneys(s) for Defendant

Berman, Mark A. (New Jersey)

Bollheimer, Ronald L. (New Jersey)

Flahive, William P. (New Jersey)

Giordano, Gregory J. (New Jersey)

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Bassler, William G. (New Jersey)

Nygaard, Richard Lowell (Pennsylvania)

Orlofsky, Stephen Murray (New Jersey)

Attorneys(s) for Plaintiff

Gambrill, James Howard (New Jersey)

Ryan, James E. (New Jersey)

Attorneys(s) for Defendant

Berman, Mark A. (New Jersey)

Bollheimer, Ronald L. (New Jersey)

Flahive, William P. (New Jersey)

Giordano, Gregory J. (New Jersey)

Halloran, Mary Ellen (New Jersey)

Holtzman, Stephen D. (New Jersey)

Jacobsen, Mary C. (New Jersey)

Lorio, Joan Bannan (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Miller, Jeffrey John (New Jersey)

Pantano, Anthony (New Jersey)

Patel, Mamta (New Jersey)

Verniero, Peter (New Jersey)

Wurst, E. Jayroe (New Jersey)

Yannotti, Joseph L. (New Jersey)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 23, 2002 Docket
96

Opinion

987 F.Supp. 302

Dec. 5, 1997 Order/Opinion
102

Opinion

997 F.Supp. 575

Feb. 9, 1998 Order/Opinion

Opinion

U. S. Court of Appeals for the Third Circuit

182 F.3d 192

June 29, 1999 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed;; jury demand (Forma Pauperis) (femp) (Entered: 09/06/1990)

Sept. 4, 1990
2

ORDER, granting in forma pauperis ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 09/06/1990)

Sept. 4, 1990
3

NOTICE of Allocation and Assignment filed. Magistrate STANLEY R. CHESLER (femp) (Entered: 09/06/1990)

Sept. 4, 1990

SUMMONS(ES) issued for WILLIAM PLANTIER, SALLY S. SCHEIDEMANTEL, WILLIAM H. FAUVER, JIM FLORIO, ROBERT CARDINAL , R. REDDY, ELAINE MARTIN, HELMKIN, MIKE ZELL, SANDOVAL, CATTONE, SCOTT FAUNCE, TARLIAN, O' BRYNE, TODD (20 DAYS, US MARSHAL'S BOX) (femp) Modified on 09/07/1990 (Entered: 09/06/1990)

Sept. 5, 1990
5

RETURN OF SERVICE executed as to FLORIO, WILLIAM H. FAUVER 10/10/90 Answer due on 10/30/90 for FLORIO, for WILLIAM H. FAUVER (femp) (Entered: 10/22/1990)

Oct. 18, 1990
6

RETURN OF SERVICE executed as to WILLIAM PLANTIER, SALLY S. SCHEIDEMANTEL, CARDINAL, REDDY, MARTIN, HELMKIN, MIKE ZELL, SCOTT FAUNCE 9/18/90 Answer due on 10/22/90 for SCOTT FAUNCE, for SANDOVAL, for MIKE ZELL, for HELMKIN, for MARTIN, for REDDY, for CARDINAL, for WILLIAM PLANTIER (femp) (Entered: 10/24/1990)

Oct. 18, 1990
7

Return of service unexecuted as to SALLY S. SCHEIDEMANTEL (femp) (Entered: 10/24/1990)

Oct. 18, 1990
9

NOTICE and ACKNOWLEDGEMENT OF SERVICE of copies of summons and complt. on deft.CATTONE 10/15/90 Answer due on 11/4/90 for CATTONE (nr) (Entered: 10/30/1990)

Oct. 18, 1990
10

Notice of MOTION by SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, MARTIN, WILLIAM PLANTIER to dismiss the complt. , and proof of service. (ltr. brief) Motion hearing set for 11/26/90 on [10-1] motion . (nr) (Entered: 10/31/1990)

Oct. 22, 1990
8

LTR. indicating deft's motion to dismiss ret. 11/26/90 to be decided w/out oral argument. Therefore, appearance is unnecessary. All papers supporting & opposing to be filed on/before 11/26/90. (DEBEVOISE) n/m (ej) (Entered: 10/25/1990)

Oct. 25, 1990
11

NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT by mail as to TARLIAN 10/26/90 Answer due on 11/15/90 for TARLIAN (ac) (Entered: 11/09/1990)

Nov. 1, 1990
12

CROSSCLAIM by TODD against O' BRYNE, CATTONE (femp) (Entered: 01/28/1991)

Nov. 20, 1990
12

ANSWER to Complaint by TODD, TARLIAN; jury demand (cc) Modified on 01/28/1991 (Entered: 11/28/1990)

Nov. 20, 1990
13

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 11.26.90; The following actions were taken, [10-1] motion of deft. Faunce to dismiss the complt. taken under advisement (nr) (Entered: 11/29/1990)

Nov. 26, 1990
14

Notice of MOTION by O' BRYNE, CATTONE, FLORIO to extend time to answer , Motion hearing set for 12/26/90 on [14-1] motion w/Proof of Service & SILB. (ej) (Entered: 11/29/1990)

Nov. 28, 1990

SCHEDULING ORDER-entered on rpt. (femp) (Entered: 08/27/1991)

Nov. 30, 1990
16

ACKNOWLEDGEMENT OF SERVICE as to TODD 10/24/90 Answer due on 11/13/90 for TODD & U.S. MARSHAL'S return of of process. (bl) (Entered: 12/04/1990)

Dec. 4, 1990
17

ACKNOWLEDGEMENT OF SERVICE as to O' BRYNE 11/14/90 Answer due on 12/4/90 for O' BRYNE (ej) (Entered: 12/05/1990)

Dec. 4, 1990
18

ORDER granting [14-1] motion to extend time to answer within 30 days ( signed by Magistrate G. D. Haneke ) (femp) (Entered: 01/16/1991)

Jan. 15, 1991
19

Substitute attorney for CATTONE, O' BRYNE, CARDINAL ; Terminated attorney GREGORY J GIORDANO for CARDINAL ; Added, ANTHONY PANTANO (femp) (Entered: 01/22/1991)

Jan. 17, 1991
20

ANSWER by O' BRYNE, CATTONE to [12-1] cross claim (femp) (Entered: 01/28/1991)

Jan. 28, 1991
21

ANSWER to Complaint by O' BRYNE, CATTONE (femp) (Entered: 02/04/1991)

Jan. 28, 1991
22

OPINION ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/14/1991)

Feb. 13, 1991
23

ORDER granting in part, denying in part [10-1] motion to dismiss the complt. ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/14/1991)

Feb. 13, 1991
24

Notice of MOTION by O' BRYNE, CATTONE for summary judgment , Motion hearing set for 3/11/91 on [24-1] motion with certificate of service (brief sub). (femp) (Entered: 02/20/1991)

Feb. 15, 1991
25

AFFIDAVIT of Gregory J. Giordano Re: [24-1] motion for summary judgment (femp) (Entered: 02/20/1991)

Feb. 15, 1991
26

ORDER, granting pltf's request for appointment of counsel ( signed by Judge Dickinson R. Debevoise ) (femp) (Entered: 02/22/1991)

Feb. 20, 1991
27

ANSWER to Complaint by SCOTT FAUNCE, WILLIAM PLANTIER, CARDINAL, MARTIN, SANDOVAL, MIKE ZELL, HELMKIN, REDDY; jury demand with certificate of service. (femp) (Entered: 03/06/1991)

March 4, 1991
28

ANSWER by SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, SCOTT FAUNCE, MARTIN to [12-1] cross claim with certificate of service. (femp) (Entered: 03/06/1991)

March 4, 1991
29

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; (DEBEVOISE); Minutes of: 04.08.91; The following actions were taken, granting [24-1] motion for summary judgment - OS (cc) Modified on 04/09/1991 (Entered: 04/09/1991)

April 8, 1991
31

STIPULATION of dismissal as to defts Michael Todd, M.D., and Henry Tarlian, M.D., with prejudice and without costs. (femp) (Entered: 04/30/1991)

April 29, 1991
32

CERTIFICATION of Anthony Pantano, DAG Re: Consent to pla's amendment to complaint. (ar) (Entered: 09/18/1991)

Sept. 16, 1991
33

AMENDED COMPLAINT by DARRYL LEON ROUSE , (Answer due 9/26/91 for WILLIAM PLANTIER, for SALLY S. SCHEIDEMANTEL, for WILLIAM H. FAUVER, for MARTIN, for FLORIO, for CARDINAL, for REDDY, for HELMKIN, for MIKE ZELL, for SANDOVAL, for CATTONE, for SCOTT FAUNCE, for TARLIAN, for O' BRYNE, for TODD ) amending [1-1] complaint [Clk's Note: No Summons issued - defts' consented to amendment etc.] (ar) (Entered: 09/18/1991)

Sept. 16, 1991
34

ANSWER to Complaint by REDDY, CARDINAL, MARTIN, WILLIAM H. FAUVER, WILLIAM PLANTIER; jury demand (nr) (Entered: 09/27/1991)

Sept. 24, 1991
35

NOTICE of Call for Dismissal Pursuant to Rule 30 Motion hearing set for 10:00 11/25/91 (femp) (Entered: 11/06/1991)

Nov. 4, 1991
36

Minute entry: Proceedings recorded by Ct-Reporter: H. Rappaport; Minutes of: 11-25-91; The following actions were taken, denying [35-1] dismiss/dismissal notice Call for Dismissal By Judge Dickinson R. Debevoise (femp) (Entered: 12/02/1991)

Nov. 25, 1991
37

ORDER of reassignment to Judge Bassler ( signed by Chief Judge John F. Gerry ) (jd) (Entered: 07/07/1992)

July 7, 1992

CASE reassigned to Judge William G. Bassler (jd) (Entered: 07/07/1992)

July 7, 1992
38

NOTICE of Call for Dismissal Pursuant to Rule 30 Motion hearing set for 10:00 12/28/92 (sr) (Entered: 12/07/1992)

Dec. 7, 1992
39

CERTIFICATION of James H. Gambrill, Esq. in opposition to [38-1] dismiss/dismissal notice Call for Dismissal (sr) (Entered: 12/28/1992)

Dec. 23, 1992
40

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 12/28/92; The following actions were taken, at call for denying [38-1] dismiss/dismissal notice Call for Dismissal By Judge William G. Bassler (sr) (Entered: 01/11/1993)

Dec. 28, 1992
41

PRETRIAL SCHEDULING ORDER setting Discovery cutoff 7/2/93 ; Pretrial conference 10:00 8/19/93; etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 05/06/1993)

May 5, 1993
42

ORDER, for leave to file motion to amend complaint to be ret on or before 11/1/93 & opposition to be fld on or before 11/1/93, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 09/27/1993)

Sept. 27, 1993
43

Notice of MOTION for leave to file second amended complaint by DARRYL LEON ROUSE, Motion hearing set for 11/22/93 on [43-1] motion with proof of service, (brief sub). (sr) (Entered: 10/19/1993)

Oct. 18, 1993
44

Substitute attorney for REDDY, CARDINAL, MARTIN, , WILLIAM PLANTIER ; Terminated attorney MARY ELLEN HALLORAN for WILLIAM PLANTIER, attorney MARY ELLEN HALLORAN for MARTIN, attorney MARY ELLEN HALLORAN for CARDINAL, attorney MARY ELLEN HALLORAN for REDDY ; Added, MAMTA PATEL (sr) Modified on 11/08/1993 (Entered: 11/08/1993)

Nov. 8, 1993
45

AFFIDAVIT of Robert Cardinale, M.D. (sr) (Entered: 11/30/1993)

Nov. 30, 1993
46

AFFIDAVIT of Jeanette Ferro (sr) (Entered: 11/30/1993)

Nov. 30, 1993
47

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 11/30/93; The following actions were taken, adjourning motion hearing on [43-1] motion for leave to file second amended complaint by DARRYL LEON ROUSE to 12/13/93 By Magistrate Dennis M. Cavanaugh (sr) (Entered: 12/01/1993)

Nov. 30, 1993
48

REPLY CERTIFICATION of Jonathan Romberg, Esq. (sr) (Entered: 12/10/1993)

Dec. 10, 1993
49

OPINION ( signed by Magistrate Dennis M. Cavanaugh ) (pv) (Entered: 07/26/1994)

July 26, 1994
50

ORDER granting [43-1] motion for leave to file second amended complaint w/in 20 dys of receipt of order ( signed by Magistrate Dennis M. Cavanaugh ) (pv) (Entered: 07/26/1994)

July 26, 1994
51

SECOND AMENDED COMPLAINT by DARRYL LEON ROUSE , amending [33-1] amended complaint against CHARLES BROOKS, STEPHEN JULIO BAEZ, ROBERT KAMMERER, ELAINE ALLEN, JOHN DOE, JANE ROE (sr) (Entered: 08/02/1994)

Aug. 1, 1994
52

Notice of MOTION to dismiss 2nd complt by REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, ELAINE ALLEN, Motion hearing set for 1/9/95 on [52-1] motion , proof of serv (brief sub) (pv) (Entered: 12/19/1994)

Dec. 14, 1994
53

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 1/9/95; The following actions were taken, [52-1] motion to dismiss 2nd complt taken under advisement, Rule 78 By Judge William G. Bassler (femp) (Entered: 01/12/1995)

Jan. 9, 1995
54

ORDER, scheduling order deadlines: Status conference 9:30 6/21/95 ; Settlement conference 9:30 6/21/95 ; ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 06/09/1995)

June 9, 1995
55

MEMORANDUM OPINION fld. ( signed by Judge William G. Bassler ) (sr) (Entered: 06/30/1995)

June 30, 1995

Case closed (sr) (Entered: 06/30/1995)

June 30, 1995

Case reopened (CLERK'S NOTE: case closed in error) (sr) (Entered: 07/11/1995)

July 11, 1995
57

SCHEDULING ORDER setting Status conference 10:00 11/3/95 ; etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 07/11/1995)

July 11, 1995
58

Substitute attorney for SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, FLORIO, MARTIN, WILLIAM H. FAUVER, SALLY S. SCHEIDEMANTEL, WILLIAM PLANTIER, ELAINE ALLEN ; Terminated attorney MAMTA PATEL for WILLIAM PLANTIER, attorney ANTHONY PANTANO for WILLIAM PLANTIER, attorney MAMTA PATEL for WILLIAM H. FAUVER, attorney MAMTA PATEL for MARTIN, attorney ANTHONY PANTANO for MARTIN, attorney MAMTA PATEL for CARDINAL, attorney ANTHONY PANTANO for CARDINAL, attorney MAMTA PATEL for REDDY, attorney ANTHONY PANTANO for REDDY, attorney MARY ELLEN HALLORAN for HELMKIN, attorney ANTHONY PANTANO for HELMKIN, attorney MARY ELLEN HALLORAN for MIKE ZELL, attorney ANTHONY PANTANO for MIKE ZELL, attorney MARY ELLEN HALLORAN for SANDOVAL, attorney ANTHONY PANTANO for SANDOVAL, attorney MARY ELLEN HALLORAN for SCOTT FAUNCE, attorney ANTHONY PANTANO for SCOTT FAUNCE ; Added, JAYROE WURST (sr) (Entered: 08/02/1995)

Aug. 1, 1995
59

ORDER permitting counsel for defts to depose pltfs, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 09/13/1995)

Sept. 12, 1995
60

Substitute attorney for SCOTT FAUNCE, SANDOVAL, MIKE ZELL, HELMKIN, REDDY, CARDINAL, FLORIO, MARTIN, WILLIAM H. FAUVER, SALLY S. SCHEIDEMANTEL, WILLIAM PLANTIER, ELAINE ALLEN ; Terminated attorney JAYROE WURST for ELAINE ALLEN, attorney JAYROE WURST for WILLIAM PLANTIER, attorney JAYROE WURST for SALLY S. SCHEIDEMANTEL, attorney JAYROE WURST for WILLIAM H. FAUVER, attorney JAYROE WURST for MARTIN, attorney JAYROE WURST for FLORIO, attorney JAYROE WURST for CARDINAL, attorney JAYROE WURST for REDDY, attorney JAYROE WURST for HELMKIN, attorney JAYROE WURST for MIKE ZELL, attorney JAYROE WURST for SANDOVAL ; Added, WILLIAM P. FLAHIVE (sr) (Entered: 10/11/1995)

Oct. 10, 1995
61

ORDER indicating depositions must be concluded by 12/1/95 ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 11/01/1995)

Oct. 31, 1995
62

ORDER RE: Discovery, etc. ( signed by Magistrate Dennis M. Cavanaugh ) (sr) (Entered: 11/13/1995)

Nov. 9, 1995
64

CONSENT ORDER, for protective order ( signed by Magistrate Dennis M. Cavanaugh ) n/m (jd) (Entered: 12/01/1995)

Dec. 1, 1995
65

Notice of MOTION for class certification by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER, Motion hearing set for 3/25/96 on [65-1] motion . (Brief/PO Subm) (sr) (Entered: 02/23/1996)

Feb. 22, 1996
66

AFFIDAVIT by Zipora Chapler Re documents & records recv'd from defts (sr) (Entered: 03/12/1996)

March 11, 1996
67

AFFIDAVIT by William Flahive, DAG Re records recv'd from defts (letter brief sub) (sr) (Entered: 03/12/1996)

March 11, 1996
70

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 03/25/96; The following actions were taken, [65-1] motion for class certification taken under advisement By Judge William G. Bassler (sr) (Entered: 03/28/1996)

March 25, 1996
68

OPINION fld. ( signed by Judge William G. Bassler ) (sr) (Entered: 03/28/1996)

March 26, 1996
69

ORDER granting [65-1] motion for class certification ( signed by Judge William G. Bassler ) (sr) (Entered: 03/28/1996)

March 26, 1996
71

FINAL SCHEDULING ORDER setting Discovery cutoff 10/31/96 ; Dispositive Motion due on or before 12/9/96; etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/20/1996)

May 20, 1996
72

OPINION AND ORDER RE: discovery, etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/28/1996)

May 24, 1996
73

NOTICE of APPEAL by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER of Magistrate decision to District Court RE: [72-1] order Hearing on magistrate appeal set for 7/8/96 w/cert of service, (brief sub). (sr) (Entered: 06/12/1996)

June 12, 1996
74

AFFIDAVIT by Louis G. Fares, M.D. in opposition to [73-1] Magistrate appeal (brief sub). (sr) (Entered: 07/09/1996)

July 8, 1996
75

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 07/08/96; The following actions were taken, [73-1] Magistrate appeal taken under advisement purs to Rule 78 By Judge William G. Bassler (sr) (Entered: 07/12/1996)

July 8, 1996
76

Notice of MOTION for substitution of Stephen Jankowski, Jr. , the temporary admisistrator of the Estate of Stephen Jankowski, Sr., for pltf Stephen Jankowski, Sr. by DARRYL LEON ROUSE, CHARLES BROOKS, STEPHEN JANKOWSKI, JULIO BAEZ, ROBERT KAMMERER, Motion hearing set for 9/23/96 on [76-1] motion . (Brief/PO Subm) (sr) (Entered: 08/26/1996)

Aug. 26, 1996
77

ORDER granting [76-1] motion for substitution of Stephen Jankowski, Jr. , the temporary admisistrator of the Estate of Stephen Jankowski, Sr., for pltf Stephen Jankowski, Sr. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 10/01/1996)

Oct. 1, 1996
78

ORDER remanding matter to Magistrate Cavanaugh for additional consideration RE: [73-1] Magistrate appeal ( signed by Judge William G. Bassler ) (sr) (Entered: 11/20/1996)

Nov. 19, 1996
79

OPINION fld. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/05/1997)

May 5, 1997
80

ORDER granting pltfs' motion for reconsideration of 5/24/96 order RE: discovery ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 05/05/1997)

May 5, 1997
81

SCHEDULING ORDER directing parties to file briefs in support of motion for summary judgment & any cross motion for summary judgment upon opposing counsel on or before 8/15/97, etc. ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 07/30/1997)

July 29, 1997
82

Notice of MOTION for leave to file overlength brief in support of defts' motion for summary judgment by ELAINE ALLEN, REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, Motion hearing set for 10/14/97 on [82-1] letter in lieu of brief, w/cert of service . (Brief/PO Subm) (sr) (Entered: 09/17/1997)

Sept. 15, 1997
83

ORDER denying [82-1] motion for leave to file overlength brief in support of defts' motion for summary judgment ( signed by Mag. Judge Dennis M. Cavanaugh ) (sr) (Entered: 09/22/1997)

Sept. 19, 1997
85

Notice of MOTION for summary judgment by ELAINE ALLEN, REDDY, CARDINAL, WILLIAM H. FAUVER, WILLIAM PLANTIER, Motion hearing set for 10/14/97 on [85-1] motion . (Brief/PO Subm) (sr) (Entered: 09/23/1997)

Sept. 19, 1997
86

AFFIDAVIT of William P. Flahive, DAG Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

Sept. 19, 1997
87

AFFIDAVIT of Gail Bozza Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

Sept. 19, 1997
88

AFFIDAVIT of Gail Bozza Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

Sept. 19, 1997
89

AFFIDAVIT of Zipora Chapler Re: [85-1] motion for summary judgment (sr) (Entered: 09/23/1997)

Sept. 19, 1997
90

AFFIDAVIT of James E. Ryan, Esq. on behalf of JULIO BAEZ, STEPHEN JANKOWSKI, CHARLES BROOKS Re: [85-1] motion for summary judgment (brief sub) (sr) (Entered: 09/23/1997)

Sept. 19, 1997
84

AFFIDAVIT of William P. Flahive, DAG RE: medical records obtained from defts & provided to pltfs in discovery (sr) (Entered: 09/22/1997)

Sept. 22, 1997
92

Minute entry: Proceedings recorded by Ct-Reporter: Walter Perelli; Minutes of: 10/14/97; The following actions were taken, [85-1] motion for summary judgment taken under advisement, [82-1] motion for leave to file overlength brief in support of defts' motion for summary judgment taken under advisement By Judge William G. Bassler (sr) (Entered: 10/22/1997)

Oct. 14, 1997
93

ORDER reallocating case from Newark to Camden and reassigning case from Judge William G. Bassler to Judge Stephen M. Orlofsky. ( signed by Chief Judge Anne E. Thompson ) (ar1) (Entered: 11/10/1997)

Nov. 5, 1997
94

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 11/13/97; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/14/1997)

Nov. 13, 1997
95

Minute entry: Proceedings recorded by Ct-Reporter: Ted Formaroli; Minutes of: 11/20/97; The following actions were taken, [85-1] motion for summary judgment taken under advisement. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/20/1997)

Nov. 20, 1997
97

ORDER granting motion of defendant Fauver for summary judgment; granting defendants' motion for summary judgment as to claims under the American Disabilities Act; denying motion of defendants Plantier, Dr. Reddy, Dr. Cardinale and nurse Allen for summary judgment as to remaining claims. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 12/05/1997)

Dec. 5, 1997

Deadline updated; terminating [85-2] hearing Motion hearing set for 10/14/97 on [85-1] motion (ar1) (Entered: 12/05/1997)

Dec. 5, 1997
96

OPINION ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 12/05/1997)

Dec. 5, 1997
98

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 12/18/97; The following actions were taken, Case Management/Settlement Conference Held. By Judge Stephen M. Orlofsky (ar1) (Entered: 12/18/1997)

Dec. 18, 1997
99

Notice of MOTION for reconsideration of [96-1] opinion and [97-1] order granting and denying defendants motions for summary judgment by plaintiffs' DARRYL LEON ROUSE, et al., Motion hearing . (ar1) (Entered: 12/30/1997)

Dec. 24, 1997

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 4, 1990

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

diabetic inmates at the Adult Treatment and Diagnostic Center in Avenel, New Jersey

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adult Diagnostic and Treatment Center (Avenel), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

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: 2001 - 0

Issues

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run