Case: Hagan v. Rogers

2:06-cv-05033 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 20, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On October 20, 2006, state prisoners at New Jersey's Adult Diagnostic & Treatment Center ("ADTC") filed this §1983 suit against officials associated with ADTC in the District Court for New Jersey, alleging violations of their 8th and 14th amendment rights. Specifically, plaintiffs alleged that officials associated with the facility violated their constitutional rights by failing to contain and treat a serious and contagious skin condition. Plaintiffs sought compensatory and injunctive relief,…

On October 20, 2006, state prisoners at New Jersey's Adult Diagnostic & Treatment Center ("ADTC") filed this §1983 suit against officials associated with ADTC in the District Court for New Jersey, alleging violations of their 8th and 14th amendment rights. Specifically, plaintiffs alleged that officials associated with the facility violated their constitutional rights by failing to contain and treat a serious and contagious skin condition. Plaintiffs sought compensatory and injunctive relief, and moved to certify a class of all similarly situated persons.

On January 25, 2007, the Court (Judge Stanley R. Chesler) dismissed thirteen of the prisoners sua sponte, with leave to file amended individual complaints, after concluding he was not authorized to join their matters together. The Court also denied class certification.

On June 19, 2009, the 3rd Circuit reversed the categorical denial of joinder, vacated the denial of class certification for failure to adequately justify the denial, and remanded to the lower court for further proceedings. As of February 14, 2016, the docket listed no further proceedings.

Summary Authors

Timothy Shoffner (4/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5724522/parties/hagan-v-rogers/


Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Jordan, Kent A. (Delaware)

Attorney for Plaintiff
Expert/Monitor/Master/Other

Etzweiler, Larry R. (New Jersey)

Massey, Keith S. Jr. (New Jersey)

Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Jordan, Kent A. (Delaware)

Rendell, Marjorie O. (Pennsylvania)

Roth, Jane Richards (Delaware)

show all people

Documents in the Clearinghouse

Document

2:06-cv-05033

Docket (2:06−cv−05033)

June 19, 2009

June 19, 2009

Docket
1

2:05-cv-05033

Civil Rights Complaint

Oct. 20, 2006

Oct. 20, 2006

Complaint
18

2:06-cv-05033

Opinion

Jan. 24, 2007

Jan. 24, 2007

Order/Opinion
19

2:06-cv-05033

Order

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion
34

2:06-cv-05033

Letter from 3rd Circuit Court

U.S. Court of Appeals for the Third Circuit

March 15, 2007

March 15, 2007

Order/Opinion
35

2:06-cv-05033

07-00424

07-00425

07-00426

07-00427

07-00428

07-00423

07-00429

07-00435

07-00430

07-00431

07-00432

07-00433

Order [staying proceeding pending Pl's appeal]

Hagen v. Rogers

May 4, 2007

May 4, 2007

Order/Opinion
41

07-01412

Judgment [3d Circuit order]

U.S. Court of Appeals for the Third Circuit

June 19, 2009

June 19, 2009

Order/Opinion

07-01412

Opinion of the Court [3d Circuit]

U.S. Court of Appeals for the Third Circuit

June 19, 2009

June 19, 2009

Order/Opinion

570 F.3d 570

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5724522/hagan-v-rogers/

Last updated Feb. 9, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Received (no IFP or fee received) (Attachments: # 1 COVER LETTER# 2 PRAYER REQUEST LETTER# 3 VERIFICATION OF COMPLAINT# 4 ALLEGATION IN MOTION FOR CLASS ACTION DETERMINATION)(lm2, ) (Entered: 10/25/2006)

Oct. 20, 2006

Oct. 20, 2006

3

APPLICATION/AFFIDAVIT to proceed in forma pauperis by LEWIS IRA HAGAN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

4

APPLICATION/AFFIDAVIT to proceed in forma pauperis by WILLIAM WEISS. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

5

APPLICATION/AFFIDAVIT to proceed in forma pauperis by TYMIL MASON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

6

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CLAUDE FRANKLIN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

7

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CHRISTOPHER MARK. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

8

APPLICATION/AFFIDAVIT to proceed in forma pauperis by PETER BRAUN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

9

APPLICATION/AFFIDAVIT to proceed in forma pauperis by ALLAN LOVENSON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

10

APPLICATION/AFFIDAVIT to proceed in forma pauperis by EFRAIM ESQUILIN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

11

APPLICATION/AFFIDAVIT to proceed in forma pauperis by OLIVER MASON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

12

APPLICATION/AFFIDAVIT to proceed in forma pauperis by RONALD YOUNG. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

13

APPLICATION/AFFIDAVIT to proceed in forma pauperis by LOUIS GEORGE JOHNSTON, JR. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

14

APPLICATION/AFFIDAVIT to proceed in forma pauperis by TOBORIS WRIGHT. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

15

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CHRISTOS PAPACRISTOS. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

16

APPLICATION/AFFIDAVIT to proceed in forma pauperis by JAMES HEMPHILL. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

17

VERIFICATION OF COMPLAINT by CHRISTOPHER MARK. (dc, ) Modified on 10/30/2006 (dc, ). (Entered: 10/27/2006)

Oct. 26, 2006

Oct. 26, 2006

19

ORDER denying Pltfs.' motion to proceed as a class action; that Pltfs.' application for appointment of counsel is denied, w/out prejudice, as premature; that Pltfs. JAMES HEMPHILL; EFRAIM ESQUILIN CHRISTOPHER MARK; WILLIAM WEISS; CHRISTOS PAPACRISTOS; LOUIS GEORGE JOHNSTON, JR; TYMIL MASON; CLAUDE FRANKLIN; PETER BRAUN; OLIVER MASON; TOBORIS WRIGHT; RONALD YOUNG; and ALLAN LOVENSON are dismissed from this action; that the Clerk of the Court shall open a new case for each of the dismissed Pltfs. w/the Complaint from this case and that particular Pltf.'s Application to Proceed in forma pauperis; that the Clerk shall assign each of the newly−opened cases to the same judge who is assigned to this case; that the Clerk shall enter the Opinion and Order in this case on the docket in each of the newly−opened cases; that, within 30 days after entry of this Order, the remaining Pltf. in this case, Lewis Hagan, and each of the dismissed Pltfs. may indicate his intent to proceed with his claims by filing an Amended Complaint asserting his individual claims under his newly−assigned docket number, etc.. Signed by Judge

Jan. 25, 2007

Jan. 25, 2007

18

OPINION . Signed by Judge Stanley R. Chesler on 1/24/07. (dc, )

Jan. 25, 2007

Jan. 25, 2007

RECAP

Set hearing as to 20 MOTION to Stay. Motion Hearing set for 3/12/2007 before Judge Stanley R. Chesler. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE ORDERED BY THE COURT. (dc, ) (Entered: 02/08/2007)

Feb. 6, 2007

Feb. 6, 2007

21

NOTICE OF APPEAL as to 19 Order Denying Pro Bono Counsel by TYMIL MASON, CLAUDE FRANKLIN, PETER BRAUN, OLIVER MASON, TOBORIS WRIGHT, RONALD YOUNG, ALLAN LOVENSON, LEWIS IRA HAGAN, JAMES HEMPHILL, EFRAIM ESQUILIN, CHRISTOPHER MARK, WILLIAM WEISS, CHRISTOS PAPACRISTOS, LOUIS GEORGE JOHNSTON, JR. USCA and counsel of record notified of appeal. No filing fee received. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Memo and Affidavits in Support of Appeal Part I# 2 Part II# 3 Cover Letters# 4 Copy of Envelope)(ji, ) (Entered: 02/08/2007)

Feb. 6, 2007

Feb. 6, 2007

22

USCA Case Number 07−1412 for 21 Notice of Appeal (USCA), Notice of Appeal (USCA), Notice of Appeal (USCA) filed by WILLIAM WEISS,, JAMES HEMPHILL,, LEWIS IRA HAGAN,, PETER BRAUN,, EFRAIM ESQUILIN,, CHRISTOPHER MARK,, CHRISTOS PAPACRISTOS,, LOUIS GEORGE JOHNSTON, JR., TYMIL MASON,, CLAUDE FRANKLIN,, OLIVER MASON,, TOBORIS WRIGHT,, RONALD YOUNG,, ALLAN LOVENSON,. USCA Case Manager Carmen M. Hernandez (Document Restricted − Court Only) (Hernandez, Carmen) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

23

ORDER of USCA granting IFP for Appellant James Hemphill (ca3tmk, ) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

24

ORDER of USCA granting IFP for Appellant Eraim Esquilin. (ca3tmk, ) (Entered: 03/01/2007)

March 1, 2007

March 1, 2007

25

ORDER of USCA granting IFP for Appellant Christopher Mark. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

26

ORDER of USCA granting IFP for Appellant Louis G. Johnston, Jr. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

27

ORDER of USCA granting IFP for Appellant Toboris Wright. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

28

ORDER of USCA granting IFP for Appellant Christos Papacristos. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

29

ORDER of USCA granting IFP to Appellant Tymil Mason. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

30

ORDER of USCA granting IFP for Appellant Claude Franklin. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

31

ORDER of USCA granting IFP for Appellant Peter Braun. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

32

ORDER of USCA granting IFP for Appellant Ronald Young. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

33

ORDER of USCA granting IFP for Appellant Allan Lovenson. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007

March 12, 2007

34

ORDER of USCA vacating Clerk's order of March 9, 2007 and March 12, 2007 granting in forma pauperis and referring the motions to a motions panel. (Hernandez, Carmen) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

35

ORDER Ordered that Pltfs.' Complaint is stayed and shall be held in abeyance while Pltfs.' appeal is pending w/the USCA in order to protect those claims by Pltfs. that might be time−sensitive; that, in the event the USCA concludes that Pltfs. should be certified as a class, the stay is conditioned upon Pltfs. notifying this Court in writing within 30 days after the USCA' review is completed about Pltfs.' intent to proceed w/their original Complaint; that, in the event the USCA concludes that Pltfs. should not be certified as a class, the stay is conditioned upon each Pltf.'s submission to this Court of that Pltf.'s individual Amended Complaint within 30 days after the USCA' review is completed, and that the Clerk shall serve copies of this Order and the accompanying Opinion by regular mail upon all Pltfs.' and administratively terminate each of the above−captioned matters. Signed by Judge Stanley R. Chesler on 5/3/07. (dc, ) (Entered: 05/04/2007)

May 4, 2007

May 4, 2007

***Civil Case Terminated. (mn, ) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

36

Mail Returned as Undeliverable. Mail sent to Lewis Ira Hagan (dc, ) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

37

Letter from James Hemphill with notice of voluntary withdrawal from the action pending in the USCA. (Attachments: # 1 Envelope)(dc, ) (Entered: 06/27/2007)

June 25, 2007

June 25, 2007

38

ORDER granting pltf. James Hemphill's request to withdraw from this action now pending in the USCA, re 37 Letter. Signed by Judge Stanley R. Chesler on 6/29/07. (dc, ) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

39

Mail Returned as Undeliverable. Mail sent to Lewis Ira Hagan (dc, ) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

40

TRANSCRIPT REQUEST by TYMIL MASON, CLAUDE FRANKLIN, PETER BRAUN, OLIVER MASON, TOBORIS WRIGHT, RONALD YOUNG, ALLAN LOVENSON, LEWIS IRA HAGAN, EFRAIM ESQUILIN, CHRISTOPHER MARK, WILLIAM WEISS, CHRISTOS PAPACRISTOS, LOUIS GEORGE JOHNSTON, JR, "None" selected in Section 1A. (ji, ) (Entered: 04/03/2008)

April 3, 2008

April 3, 2008

41

USCA JUDGMENT Reversed as to denial of joinder and vacated as to denial of class certification, and the matter remanded for further proceedings as to 21 Notice of Appeal (USCA), Notice of Appeal (USCA), Notice of Appeal (USCA) filed by CHRISTOS PAPACRISTOS, CLAUDE FRANKLIN, ALLAN LOVENSON, LOUIS GEORGE JOHNSTON, JR., LEWIS IRA HAGAN, TOBORIS WRIGHT, PETER BRAUN, WILLIAM WEISS, JAMES HEMPHILL, EFRAIM ESQUILIN, CHRISTOPHER MARK, TYMIL MASON, RONALD YOUNG, OLIVER MASON (ca3pdb, ) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 20, 2006

Closing Date: 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

14 inmates at the Adult Diagnostic and Treatment Center, a New Jersey correctional facility for sex offenders.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New Jersey, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

None

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Skin Infections

Type of Facility:

Government-run