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Case Name Roe v. Fauver PC-NJ-0004
Docket / Court 3:88-cv-01225-AET ( D.N.J. )
State/Territory New Jersey
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On March 11, 1988, plaintiff, a female New Jersey inmate, filed a lawsuit, pursuant to 42 U.S.C. § 1983 and the Rehabilitation Act, in the U.S. District Court for the District of New Jersey, challenging her segregation and confinement in the St. Francis Medical Center due to her AIDS diagnosis ... read more >
On March 11, 1988, plaintiff, a female New Jersey inmate, filed a lawsuit, pursuant to 42 U.S.C. § 1983 and the Rehabilitation Act, in the U.S. District Court for the District of New Jersey, challenging her segregation and confinement in the St. Francis Medical Center due to her AIDS diagnosis. Plaintiff was represented by attorneys of the Public Advocate/Public Defender, Department of the Public Advocate for New Jersey and sought declaratory and injunctive relief.

In her initial complaint, plaintiff alleged that she was initially confined in the Corrections Institute for Women in Clinton ["Clinton"] prior to her AIDS diagnosis. After the diagnosis, plaintiff was hospitalized for pneumonia. She recovered and her AIDS went into remission. She sought return from the St. Francis Medical Center, where female AIDS inmates were confined, back to the general population in Clinton. Her request was denied. Plaintiff noted that male AIDS prisoners were placed in Special Medical Unit attached to Trenton State Prison, but that no such facility existed from women inmates with AIDS. Plaintiff requested an injunction compelling her transfer.

Following an evidentiary hearing, the District Court (Judge Anne E. Thompson) denied plaintiff's motion for a preliminary injunction. Roe v. Fauver, 1988 WL 47359 (D.N.J. May 13, 1988). Defendants then moved for summary judgment. The District Court denied defendants' motion and granted plaintiff leave to amend the complaint to allege broader allegations on behalf of all inmates inflicted with AIDS. Roe v. Fauver, 1988 WL 47359 (D.N.J. Oct. 7, 1988).

The Amended Complaint alleged that inmates diagnosed with AIDS were illegally segregated and deprived of all recreation, education, work programs, adequate legal access, solely on the basis of their illness. The amended complaint also alleged that they were denied proper medical care in violation of the Eighth Amendment.

The case was certified as a class action on October 6, 1989. Class members included inmates diagnosed with AIDS or infected with the HIV virus. Following class certification, the parties settled the case.

The District Judge Anne E. Thompson approved and entered the Consent Decree on June 26, 1992. The Consent Decree provided for various reforms, including the following:

1. The DOC was prohibited from enforcing any blanket segregation of inmates with AIDS or any other stage of HIV disease. The decision to assign inmates to Medical Units in any facility in the New Jersey State Prison System was to be solely a medical decision based on the medical condition of the individual inmate.

2. Inmates were to be discharged from hospital facilities as soon as their medical condition no longer required hospitalization and as soon as appropriate housing was available.

3. The DOC was prohibited from denying access to programs, services, jobs, work release and furloughs to class members on the basis of their status as class members.

4. The DOC was ordered to provide medical care to class members in conformity with community standards as guided by United States Public Health Service recommendations.

5. The DOC was to set up a health screening evaluation, including HIV-risk assessment, for all inmates. The DOC was also to establish protocols for administering HIV testing; and training and educational programs on HIV disease, transmission and risk reduction to all inmates and staff in DOC facilities.

In 1997, a motion to enforce the Consent Decree and to impose sanctions was filed pro se by inmate Rasheed A. Mujahid. District Judge Thompson treated the motion as an original and separately filed Complaint. That Complaint was amended and Mr. Mujahid moved for a preliminary injunction. Defendants responded by moving to dismiss. Defendants also moved to terminate the Consent Decree under the Prison Litigation Reform Act [PLRA].

By order dated March 18, 1998, the USA was granted leave to intervene in the case.

According to the PACER docket, District Judge Anne E. Thompson issued an Opinion on April 15, 1998 and an Order on June 9, 1998 terminating all pending motions. The reasons for the Court's Opinion and Order are not apparent from the PACER docket and no further case activity was reported.

Dan Dalton - 03/12/2007

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Issues and Causes of Action
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Affected Gender
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Equal Protection
Content of Injunction
Preliminary relief denied
Access to lawyers or judicial system
Administrative segregation
Law library access
Medical/Mental Health
Medical care, general
Type of Facility
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
42 U.S.C. § 1983
Defendant(s) New Jersey Department of Corrections
Special Medical Unit at Trenton State Prison
St. Francis Medical Center
Plaintiff Description New Jersey state prisoners diagnosed with AIDS (acquired immune deficiency syndrome) or with AIDS-related illnesses or infections (HIV).
Class action status sought Yes
Class action status outcome Granted
Filed Pro Se Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1992 - 1998
Filed 03/11/1988
Case Closing Year 1998
Case Ongoing No
Additional Resources
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Court Docket(s)
PC-NJ-0004-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
Opinion (1988 WL 47359 / 1988 U.S.Dist.LEXIS 4272)
PC-NJ-0004-0007.pdf | WESTLAW| LEXIS | Detail
PC-NJ-0004-0001.pdf | Detail
PC-NJ-0004-0002.pdf | Detail
Opinion (1988 WL 106316 / 1988 U.S.Dist.LEXIS 11328)
PC-NJ-0004-0008.pdf | WESTLAW| LEXIS | Detail
Consent Decree [ECF# 93]
PC-NJ-0004-0004.pdf | Detail
Notice of Settlement [ECF# 91]
PC-NJ-0004-0003.pdf | Detail
Order [ECF# 105]
PC-NJ-0004-0005.pdf | Detail
Amended and Supplemental Complaint and Demand for Jury Trial (Verified by Affidavit) [ECF# 114]
PC-NJ-0004-0006.pdf | Detail
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Judges Thompson, Anne Elise (D.N.J.) show/hide docs
PC-NJ-0004-0001 | PC-NJ-0004-0002 | PC-NJ-0004-0003 | PC-NJ-0004-0004 | PC-NJ-0004-0005 | PC-NJ-0004-0007 | PC-NJ-0004-0008 | PC-NJ-0004-9000
Plaintiff's Lawyers Caraballo, Wilfredo (New Jersey) show/hide docs
Dueker, Alice K. (New Jersey) show/hide docs
Hanssens, Catherine A. (New Jersey) show/hide docs
PC-NJ-0004-0006 | PC-NJ-0004-0007
Jacobi, John V. (New Jersey) show/hide docs
PC-NJ-0004-0004 | PC-NJ-0004-0005 | PC-NJ-0004-9000
Defendant's Lawyers Dowdy, Irene Elaine (New Jersey) show/hide docs
Haungs, Michael J. (District of Columbia) show/hide docs
Holtzman, Stephen D. (New Jersey) show/hide docs
Kirschner, William R. (District of Columbia) show/hide docs
Legato, Marianne (New Jersey) show/hide docs
Rickman, Brett D. (New Jersey) show/hide docs
PC-NJ-0004-0004 | PC-NJ-0004-9000
Tasy, Stephen P. (New Jersey) show/hide docs

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