Case: Brown v. Esmor Correctional Services, Inc.

2:98-cv-01282 | U.S. District Court for the District of New Jersey

Filed Date: March 20, 1998

Closed Date: 2007

Clearinghouse coding complete

Case Summary

This class action lawsuit was originally filed on March 6, 1996 in the Supreme Court of the State of New York on behalf of undocumented aliens who were detained at a facility that the Immigration and Naturalization Service (''INS'') maintained in Elizabeth, New Jersey pending a determination of their asylum status. The facility was operated by a private corporation, Esmor Correctional Services, Inc. Plaintiffs alleged that during their detention they were subjected to torture, beatings, harass…

This class action lawsuit was originally filed on March 6, 1996 in the Supreme Court of the State of New York on behalf of undocumented aliens who were detained at a facility that the Immigration and Naturalization Service (''INS'') maintained in Elizabeth, New Jersey pending a determination of their asylum status. The facility was operated by a private corporation, Esmor Correctional Services, Inc. Plaintiffs alleged that during their detention they were subjected to torture, beatings, harassment, and inhumane living conditions which included inadequate sanitation, exercise, and medical treatment.

Esmor removed the case to federal court, the United States District Court for the Southern District of New York. On March 11, 1998, the case was transferred to U.S. District Court District of New Jersey

On April 2, 1998, plaintiffs filed an amended complaint and moved for class certification. By order dated April 24, 1998, the District Court (Judge Dickinson R. Debevoise) certified a class of all detainees who were incarcerated at the Elizabeth, New Jersey facility from August 1994 to July 1995. Notice was sent to class members in March 1999. Class members were given the option to opt out of the class and pursue their own damage actions. Many of the class notices mailed out were returned as undeliverable, as detainees had been released or transferred.

Management of pretrial proceedings was referred to Magistrate Judge S. D. Wigenton. The Brown case was consolidated with two other pending related cases, Jama v. United States Immigration and Natural Service, et al., Civil Action No. 97-3093, and Joaquin DaSilva v. Esmor Correctional Services Incorporated, et al., Civil Action No. 96-3755 for the purpose of discovery.

Extensive discovery proceeded for four years. During that time, the parties also engaged in protracted litigation over whether plaintiffs in the Jama and DaSilva actions failed to timely opt-out of the Brown class action.

In January 2003, Esmor filed a motion for summary judgment in the Jama Action. A similar motion was filed in the Brown class action case in September 2003.

Eventually, in September 2003, the DaSilva case was dismissed without prejudice and the plaintiffs became members of the Brown action class. The DaSilva plaintiffs moved for reconsideration.

By order dated October 27, 2003 the Brown class' claims against all defendants, other than Esmor and its officers, were dismissed with prejudice.

Oral arguments on all the motions for summary judgment were conducted on June 29 and June 30, 2004. The key issues raised in the motions were 1) whether an INS Interim Report which severely criticized Esmor's operation of the New Jersey was admissible into evidence, 2) whether the plaintiffs had presented sufficient evidence of negligent hiring, retention, training and/or supervision of Esmor, 3 ) whether Esmor was entitled to the government contract defense and 4) whether plaintiffs were third party beneficiaries of the contract between Esmor and the federal government, regarding the operation of the New Jersey facility. On September 9, 2004, the District Court ruled on the motions, finding in plaintiffs' favor on issues 1, 2 and 3 and in Esmor's favor on issue 4. Jama v. INS, 334 F. Supp. 2d 662 (D.N.J. 2004).

The Court the deconsolidated the Brown case from the Jama and DaSilva actions, finding that the Brown case was ready for trial. Extensive settlement negotiations followed, including court ordered settlement conferences. On February 17, 2005, the parties arrived at a settlement of the Brown class action case. The District Court preliminarily approved the settlement on May 24, 2005.

Final approval followed a fairness hearing on August 10, 2005. Brown v. Esmor Corr. Serv., Inc., 2005 WL 1917869 (Aug. 10, 2005). Under the terms of the settlement, Esmor agreed to pay a total of $2.5 million to class members. Attorneys' fees of $766,667 and costs and expenses of $200,000 were to be paid out of that settlement fund, netting $1,533,338 which was to be distributed to class members. A Plan of Allocation was established to govern the procedure for submission and payment of individual class member claims. The distribution process continued through October 16, 2006, when Judge Debevoise entered an order authorizing final distribution of unclaimed proceeds.

Note that Jama v. United States Immigration and Natural Service, et al. proceeded to trial on the damage claims of individual plaintiffs that opted out of the Brown class action. See IM-NJ-6 for a summary of the proceedings in Jama.

Summary Authors

Dan Dalton (11/16/2007)

Related Cases

Jama v. United States Immigration and Natural Service, District of New Jersey (1997)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5704037/parties/brown-v-esmor-correctional/


Judge(s)

Ambro, Thomas L. (Delaware)

Ambrose, Donetta W. (Pennsylvania)

Barry, Maryanne Trump (New Jersey)

Debevoise, Dickinson Richards (New Jersey)

Pollak, Louis Heilprin (Pennsylvania)

Salas, Esther (New Jersey)

Wigenton, Susan Davis (New Jersey)

Attorneys(s) for Plaintiff

Antonakakis, Tina (New York)

Dorman, Drew Matthew (New York)

Glenn, Martin (New York)

Judge(s)

Ambro, Thomas L. (Delaware)

Ambrose, Donetta W. (Pennsylvania)

Barry, Maryanne Trump (New Jersey)

Debevoise, Dickinson Richards (New Jersey)

Pollak, Louis Heilprin (Pennsylvania)

Salas, Esther (New Jersey)

Wigenton, Susan Davis (New Jersey)

Attorneys(s) for Plaintiff

Antonakakis, Tina (New York)

Dorman, Drew Matthew (New York)

Glenn, Martin (New York)

Hogan, Mary Beth (New York)

Holden, Michael J. (New York)

Ressler, Bruce J. (New York)

Werther, Ellen R. (New York)

Attorneys(s) for Defendant

Barrett, Bruce E. (New Jersey)

Carlson, A. David (Texas)

Cassell, Susan C. (New Jersey)

Chase, Jeffrey L. (New Jersey)

Cherry, Gloria (New Jersey)

Ciolek, Douglas F. (New Jersey)

Cordaro, Joseph N. (New York)

Cornog, E. Carr (New Jersey)

Dalberth, Elizabeth (New Jersey)

Fogel, Maureen Doerner (New Jersey)

Gsovski, Daniel V. (New York)

Harris, Brian C. (New Jersey)

Hirt, Theodore C. (District of Columbia)

Hochberg, Faith S. (New Jersey)

Horowitz, David P. (New York)

Hsu, Matthew B. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Kadish, Jeffrey M. (New Jersey)

Lapidus, Steven L. (New Jersey)

Livelli, John B. (New Jersey)

Love, Lucinda A. (District of Columbia)

Mathews, J. Llewellyn (New Jersey)

McGahee, Sharon (New Jersey)

Mendiola, Carmen E. (New Jersey)

Miller, Keith J. (New Jersey)

Moos, Marvin C. (Texas)

Murphy, Edward R. (New Jersey)

Nelson, Ryan Douglas (District of Columbia)

Powers, Charles E. Sr. (New Jersey)

Prasad, Vidya (New Jersey)

Reich, Larry S. (New York)

Rotolo, Victor A. (New Jersey)

Rymer, Nathan A. (Texas)

Siegel, Gerald D. (New Jersey)

Spaman, Kira Feeny (New Jersey)

Strosnider, Richard Barry (New Jersey)

Volpe, Frank R. (New York)

Weinstein, Steven D. (New Jersey)

Other Attorney(s)

Askin, Frank (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Mack, Sean (New York)

Tarson, Derek Sherman (New York)

Venetis, Penny M. (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER] (Related Case)

DaSilva v. Esmor Correctional Services, Inc.

March 27, 2006 Docket

Docket [PACER]

Sept. 10, 2007 Docket

Docket [PACER - Related Case]

Jama v. Esmor Correctional Services, Inc.

Nov. 8, 2007 Docket

Second Amended Complaint and Jury Demand

June 25, 1998 Complaint
107

Opinion

Jama v. Esmor Correctional Services, Inc.

22 F.Supp.2d 353

Oct. 1, 1998 Order/Opinion
51

Opinion

DaSilva v. Esmor Correctional Services Inc.

215 F.R.D. 477

June 10, 2003 Order/Opinion
91

Order [Stipulated Dismissal of Appeal]

U. S. Court of Appeals for the Third Circuit

Aug. 11, 2004 Order/Opinion
361

Opinion [Granting and Denying in Part S/J]

Jama, et al v. INS, et al

334 F.Supp.2d 662

Sept. 28, 2004 Order/Opinion
368

Opinion [Granting and Denying in Part S/J]

Jama, et al v. INS, et al

343 F.Supp.2d 338

Nov. 10, 2004 Order/Opinion

Stipulation and Agreement of Settlement

May 19, 2005 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5704037/brown-v-esmor-correctional/

Last updated May 20, 2022, 1 a.m.

ECF Number Description Date Link
118

OPINION Signed by Judge Dickinson R. Debevoise on 8/10/05. (cs, )

Aug. 10, 2005 RECAP
1

COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 241777 (dr) Additional attachment(s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997
2

APPLICATION/MOTION FOR LEAVE TO ADMIT PENNY M. VENETIS ESQ. AND MARTIN GLENN, ESQ PRO HAC VICE esq. (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997
121

OPINION . Signed by Judge Dickinson R. Debevoise on 8/10/05. (dc, )

Aug. 11, 2005 RECAP
135

OPINION . Signed by Judge Dickinson R. Debevoise on 10/3/05. (dc, )

Oct. 5, 2005 RECAP
3

AFFIDAVIT of FRANK ASKIN on Re: In Support of Pro Hac Vice Application (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997
4

NOTICE of Allocation and Assignment filed. Magistrate STANLEY R. CHESLER (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997

SUMMONS issued for dft., INS ( 60 Days) (Mailed to Counsel) (cs) (Entered: 06/18/1997)

June 18, 1997

SUMMONS(ES) issued for dfts., JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, JOHN DOE BOYER, JOHN DOE FREISS, JOHN DOE SILVA, JAMES SLATTERY, AARON SPEISMAN, WILLARD STOVALL, JOHN LIMA, JAMES POULAND, DIANE McCLURE, RICHARD STALEY, JOHN DOE BROWN, JOHN DOE BROWNDIE, JANE DOE CLARK, JOHN DOE EDIDER, JOHN DOE FEDER, JOHN DOE FIGEL, JOHN DOE GARCIA, JOHN DOE GILL, JOHN DOE HAWKINS, JOHN DOE HAYES, JOHN DOE HIGGS, JOHN DOE HUGHES, JOHN DOE HUNTER, JOHN DOE JACKSON, JOHN DOE JOHNSON, JOHN DOE KUTZ, JOHN DOE MELENDEZ, JANE DOE MICHELLE, JOHN DOE MOHAMMED, JOHN DOE NKENKE, JANE DOE PHIL, JOHN DOE SNEED, JOHN DOE STRATFORD, JOHN DOE VANDERPOOR, JOHN DOE WILLIAMS, JOHN DOE WILSON, JOHN DOE WALLINGTON ( 20 Days) (Mailed to Counsel) (cs) (Entered: 06/18/1997)

June 18, 1997
5

ORDER granting [2-1] application ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/19/1997)

June 18, 1997
6

APPLICATION by INS and Clerk's Order extending time to answer. Answer due 9/22/97 for INS (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 08/26/1997)

Aug. 25, 1997
7

STIPULATION and ORDER Re: answers to complt. & interrog., etc. ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/04/1997)

Sept. 2, 1997
8

ORDER TO SHOW CAUSE: why an order should not be entered purs to Local Rule 12(A) of the USDC, granting motion of pltfs to serve interrogatories on deft. INS Show Cause Hearing set for 8:30 9/11/97 ( signed by Judge Dickinson R. Debevoise ) (DD) (Entered: 09/08/1997)

Sept. 4, 1997
9

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 09/11/97; The following actions were taken, granting [8-1] order. Court transcript to serve as Order. By Judge Dickinson R. Debevoise (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/12/1997)

Sept. 11, 1997
10

AMENDED COMPLAINT by HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER, CHARLES ADDAI , amending [1-1] complaint against DAVID MCLEAN, EARLINE D. BOYER, ALAN FREISS, KEVIN T. BRODIE, IRVING BROWN, TOMMIE L. BROWN, CATRINA CLARK, LEONARD EADY, FRANK FIGEL, LUIS GARCIA, DARRELL GILL, WINFRED HAWKINS, ISAIAH HUGHES, DORIAN HUNTER, WILLIE O. HUNTER, MICHAEL JACKSON, PHILLIP JOHNSON, MICHAEL MELENDEZ, OKAY NKENKE, ROBERT SNEAD, COREY STRADFORD, MICHAEL TATE, AUGUSTUS VANDERPUYE, WILLIAM WALLINGTON, NORMAN WILLIAMS (ej) Additional attachment (s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/23/2007 (mn, ). Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/24/1997)

Sept. 23, 1997
11

Notice of MOTION for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, w/SILB & Certificate of Service. ( PO Subm) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/30/1997)

Sept. 30, 1997
12

APPLICATION/MOTION by deft., INS for extension of time to answer; w/cert. of serv. {Brief/PO subm} {copy sent to DRD} (DD) Modified on 10/07/1997 Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)

Oct. 6, 1997
13

ORDER granting [11-1] motion for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment (s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)

Oct. 6, 1997
14

ORDER granting [12-1] application for extensiton of time to 10/14/97 to answer ( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/10/1997)

Oct. 8, 1997
15

ANSWER TO AMENDED COMPLAINT and CROSSCLAIM by INS against ESMOR CORRECTIONAL (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/14/1997)

Oct. 8, 1997
16

Letter/APPLICATION by pltfs requesting an extension of time by 30 days the 120-day time limit for service of process for the remaining unserved defts w/cert of service attached (copy to DRD) (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)

Oct. 14, 1997
18

ORDER, extending time for pltf to effect service, w/in 30 days ( signed by Judge Dickinson R. Debevoise ) (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)

Oct. 14, 1997
19

ANSWER by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, RICHARD STALEY to amended complaint (ej) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/17/1997)

Oct. 15, 1997
20

ORDER, resetting answer due for 11/8/97 for dfts., NORMAN WILLIAMS, for PHILLIP JOHNSON, for JOHN DOE HIGGS ( signed by Judge Dickinson R. Debevoise ) n/m (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/28/1997)

Oct. 27, 1997
21

APPLICATION by WILLARD STOVALL and Clerk's Order extending time to answer. Answer due 11/12/97 for WILLARD STOVALL (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/29/1997)

Oct. 28, 1997
22

DECLARATION of DAVID DON on behalf of INS Re: search to identify "John Doe Silva" (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/31/1997)

Oct. 30, 1997
23

ANSWER to Complaint by WILLIE O. HUNTER, MICHAEL JACKSON (pv) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/06/1997)

Nov. 5, 1997
24

ANSWER by WILLIAM HIGGS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

Nov. 6, 1997
25

ANSWER by NORMAN WILLIAMS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

Nov. 6, 1997
26

ANSWER by PHILLIP JOHNSON to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

Nov. 6, 1997
27

STIPULATION and ORDER, extending time to answer crossclaims , answer due for 11/18/97 for ESMOR CORRECTIONAL ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/12/1997)

Nov. 10, 1997
28

AMENDED ANSWER to the first amended Complaint by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, JOHN LIMA, RICHARD STALEY : amends [19-1] complaint answer (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/14/1997)

Nov. 12, 1997
30

Notice of MOTION to dismiss for lack of jurisdiction , improper venue; failure to state a claim and failure to properly plead , for TOM DIRICKSON to appear pro hac vice by dft., JAMES BRIAN POULAND Motion hearing set for 12/22/97 on [30-1] motion, set for 12/22/97 on [30-2] motion, set for 12/22/97 on [30-3] motion w/cert of svc. (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/18/1997)

Nov. 18, 1997
31

ORDER, scheduling conference for 1:30 1/7/98 ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/19/1997)

Nov. 18, 1997
32

ANSWER by JAMES POULAND to amended complaint; jury demand (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/20/1997)

Nov. 19, 1997
33

LETTER By IRVING BROWN in opposition re paragraph 27 of complaint concerning Guard Brown videotape (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/21/1997)

Nov. 20, 1997
34

Notice of MOTION for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS, Motion hearing set for 12/22/97 on [34-1] motion , SILB, proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997
35

AFFIDAVIT of A. DAVID CARLSON on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997
36

AFFIDAVIT of NATHAN M. RYMER on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997
37

AFFIDAVIT of EDWARD R. MURPHY on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997
38

ANSWER by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS to amended complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997
38

CROSSCLAIM by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS agst ESMOR (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997

ANSWER by ESMOR to third party complt of INS (pv) Additional attachment (s) added on 1/24/2007 (af, ). (Entered: 12/01/1997)

Nov. 25, 1997
39

COUNTERCLAIM by ESMOR CORRECTIONAL agst INS (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/01/1997)

Nov. 25, 1997
40

ORDER, extending time , answer due for 12/5/97 for WILLARD STOVALL ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/03/1997)

Dec. 1, 1997
41

ANSWER by WILLARD STOVALL to amended complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/04/1997)

Dec. 3, 1997
42

STIPULATION and ORDER, extending time , answer due for 12/16/97 for DIANE McCLURE or within time INS be required to answer, whichever date is later ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/18/1997)

Dec. 17, 1997
43

NOTICE of substitution by UNITED STATES in place of DAVID McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE BOYER, ALAN FREISS pursuant to FEDERAL EMPLOYEES LIABILITY REFORM AND TORT COMPENSATION ACT (pv) Modified on 12/23/1997 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 19, 1997
44

Notice of MOTION to dismiss or for summary judgment by INS, Motion hearing set for 1/12/98 on [44-1] motion, set for 1/12/98 on [44-2] motion , proof of serv (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 19, 1997
45

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 12/22/97; The following actions were taken, granting [30-1] motion to dismiss for lack of jurisdiction granting [30-2] motion improper venue; failure to state a claim and failure to properly plead granting [30-3] motion for TOM DIRICKSON to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997
46

Minute entry: Proceedings recorded by ; Minutes of: 12/22/97; The following actions were taken, granting [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997
47

ORDER, for A. David Carlson, Esq. & Nathan M. Rymer, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997
48

STIPULATION and ORDER, dismissing deft, POULARD ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997
49

ANSWER by DORIAN HUNTER, MICHAEL MELENDEZ to amended complaint; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997
50

NOTICE by INS requesting the court to substitutethe original signed declaration of Robert E. Dalton in place of the copy, which is found as Exhibit No. 2, etc. filed on 12/19/97 w/ cert of service attached (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/24/1997)

Dec. 22, 1997
53

CERTIFICATE OF SERVICE by INS of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)

Jan. 8, 1998
54

CERTIFICATE OF SERVICE by INS of initial disclosure statement (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)

Jan. 8, 1998
52

CERTIFICATE OF SERVICE of scheduling order sent to counsel (mn, ) (Entered: 01/26/2007)

Jan. 8, 1998
55

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 1/12/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 2/23/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 2/23/98 By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/14/1998)

Jan. 12, 1998
56

ANSWER by dft., INS to [39-1] counter claim of dft., ESMOR w/cert of svc (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/20/1998)

Jan. 16, 1998
57

SCHEDULING ORDER setting Status conference 10:00 4/3/98 ; directing INS to re-serve motion todismiss, opposition due l/30/98, etc. ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/22/1998)

Jan. 20, 1998
58

CERTIFICATE OF SERVICE by INS of first set of interrogatories and requests for production of documents (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)

Feb. 3, 1998
59

Notice of MOTION for LARRY S. REICH, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, Motion hearing set for 3/9/98 on [59-1] motion , certf of LARRY S. REICH & proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)

Feb. 4, 1998
60

STIPULATION and ORDER adjourning motion to dismiss by INS to 4/27/98 & setting briefing schedule ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/11/1998)

Feb. 9, 1998
61

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 2/23/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 4/27/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 4/27/98 By Judge Dickinson R. Debevoise (pv) Modified on 05/06/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/24/1998)

Feb. 23, 1998
62

Notice of MOTION to dismiss complaint by JAMES POULAND, Motion hearing set for 3/23/98 on [62-1] motion (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998
63

AFFIDAVIT of JAMES POLAND on Re: [62-1] motion to dismiss complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998
64

CERTIFICATE OF SERVICE by JAMES POULAND of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998
65

AMENDED ANSWER to Amended Complaint by LUIS GARCIA, WILLIE O. HUNTER, MICHAEL JACKSON : amends; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/06/1998)

March 5, 1998
66

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 3/9/98; The following actions were taken, At call granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/10/1998)

March 9, 1998
67

ORDER granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 9, 1998
68

DECLARATION in OPPOSITION of PENNY M. VENETIS Re: motion to dismiss (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 10, 1998
69

CERTIFICATE OF SERVICE of pltfs memorandum of law in opposition, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 10, 1998
70

Notice of MOTION for admission of Thomas Wolf, Esq. to appear pro hac vice by DIANE McCLURE, Motion hearing set for 4/13/98 on [70-1] motion . (mn) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/20/1998)

March 19, 1998
71

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 03/23/98; The following actions were taken, setting motion hearing on [62-1] motion to dismiss complaint by JAMES POULAND for <date not set> By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/24/1998)

March 23, 1998
72

STIPULATION and ORDER, Motion hearing set for 5/11/98 for [62-1] motion to dismiss complaint ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/26/1998)

March 25, 1998
73

ANSWER to First Amended Complaint by ROBERT SNEAD; jury demand; demand for damages (femp) Modified on 04/07/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/07/1998)

April 7, 1998
75

LETTER Re: out of state atty appearance by A. DAVID CARLSON AND NATHAN RYMER on behalf of INS OFFICIALS FRIESS, UZZLE, ROZOS, BOYER, MCLEAN (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)

April 7, 1998
74

ANSWER by TOMMIE L. BROWN to amended complaint; jury demand w/demand for damages (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)

April 8, 1998
76

ORDER granting [70-1] motion for admission of Thomas Wolf, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/14/1998)

April 13, 1998
81

TRO ORDER TO SHOW CAUSE: Re: further staying deportation of Ms. Agatha Serwaa Show Cause Hearing set for 5/4/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/04/1998)

April 21, 1998
78

DECLARATION of LUCINDA A. LOVE on behalf of INS Re: opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)

April 27, 1998
79

CERTIFICATE OF SERVICE by INS of opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)

April 27, 1998
80

ORDER, extending time to answer for dft, WILLIAM WALLINGTON until 6/1/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/01/1998)

May 1, 1998
82

SUPPLEMENTAL AFFIDAVIT of PENNY M. VENETIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: OTSC (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998
83

DECLARATION of TINA F. ANTONAKAKIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998
84

AFFIDAVIT of MIRTHA J. OSPINA on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp of pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998
85

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 05/04/98; The following actions were taken, granting [81-1] order to show cause and TRO; Ordered week of 5/18/98 be made available to interview Agatha Serwaa; Ordered depo set for 5/27/98; Ordered that a receipt of notice allow 10 days before deportation; Opinion read into record; Order to be submitted by pltf By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998
86

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 5/11/98; The following actions were taken, [44-1] motion to dismiss taken under advisement, [44-2] motion for summary judgment taken under advisement By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/12/1998)

May 11, 1998
87

CERTIFICATE OF SERVICE RE: pltf's memorandum of law in response to deft James Poland's motion to dismiss served upon counsel of record (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/18/1998)

May 18, 1998
88

ORDER continuing injunction staying deportation of AGATHA SERWAA; scheduling her depo for 5/27/98, etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/19/1998)

May 18, 1998
90

CERTIFICATE OF SERVICE by INS of reply in supp of its Motion to Dismiss (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/20/1998)

May 18, 1998
89

TRANSCRIPT of Proceedings taken on 5/4/98 (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/19/1998)

May 19, 1998
91

ANSWER to Complaint by WILLIAM WALLINGTON; jury demand (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/03/1998)

June 2, 1998
92

COURT'S LETTER directing that all gathered discovery materials be submitted w/in 30 days from 6/8/98, etc (Signed by Judge Debevoise) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/05/1998)

June 4, 1998
93

Notice of MOTION for production of documents by ESMOR CORRECTIONAL, Motion set for 10/13/98 on [93-1] motion cert of srvc. (Brief/PO Subm) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/14/1998)

Sept. 9, 1998
93

AFFIRMATION of DANIEL V. GSOVSKI, ESQ. on behalf of ESMOR CORRECTIONAL Re: [93-1] motion for production of documents (femp) (this document is included in the above Notice of Motion entry, doc. #93) (Entered: 09/14/1998)

Sept. 9, 1998
94

Notice of MOTION for leave to file answer out of time , to vacate any default entered by IRVING BROWN, Motion set for 9/14/98 on [94-1] motion, set for 9/14/98 on [94-2] motion of srvc. (CILB /PO Subm) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/16/1998)

Sept. 14, 1998
95

ORDER granting [94-1] motion for leave to file answer out of time w/in 20 days of the date hereof granting [94-2] motion to vacate any default entered; etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/16/1998)

Sept. 14, 1998
96

RESPONSE by INS in opposition to [93-1] motion for production of documents (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/18/1998)

Sept. 17, 1998

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 20, 1998

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Undocumented aliens detained at a facility operated by the defendant under INS contract in Elizabeth, NJ, from 08/94 through 06/95, who allege that they were tortured, beaten, and harassed by guards and subjected to poor conditions.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Esmor Correctional Services, Inc. (Elizabeth), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Conditions of confinement

Failure to discipline

Failure to supervise

Failure to train

Immigration/Border:

Constitutional rights

Convention against Torture

Detention - conditions