Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
Sheika v. New Jersey Department of Corrections, NJ, Proposed Amended Complaint, Religious Discrimination, 2009 STEPHEN M. LATIMER LOUGHLIN & LATIMER 131 Main Street, Suite 235 Hackensack, NJ 07601 201 487 9797 Attorneys for plaintiff Taysir Sheika, SUPERIOR COURT OF NEW JERSEY LAW DIVISION plaintiff, MERCER COUNTY vs. DOCKET NO. MER-L-604-08 …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds by New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds Questioning a lower court’s ability to conduct a fair hearing, a New Jersey appellate court ordered a new hearing before a different judge for a …
Unjustified Delay in Granting Prisoner’s Request to Marry Actionable by A 19-month delay in granting a Prisoner’s request to marry states a cognizable substantive due process claim. William Engel, a New Jersey state prisoner, submitted a request to marry on September 8, 2005, to prison officials. The marriage committee denied …
New Jersey Prison Officials Denied Summary Judgment In ADA Action by U.S. District Judge Jerome B. Simandle has denied summary judgment to New Jersey prison officials alleged to have violated the Americans with Disabilities Act (ADA). Eddie Williams, a New Jersey prisoner, sued prison officials alleging that he was denied …
New Jersey County Settled Guards Free Speech/Union Busting Suit for $240,000 by New Jersey’s Morris County has settled a series of lawsuits that claimed jail officials violated guards’ rights to free speech and union activities. The settlement pays $240,000 but the majority of that is to pay the plaintiffs’ attorney …
Former New Jersey Prison Social Worker Abuse Lawsuit Reinstated by A New Jersey appeals court has reversed a lower courts dismissal of a lawsuit filed by a former prison health care worker. Angela Hoag was a licensed social worker employed by Correctional Medical Services, Inc. and worked at Southern State …
Texas, New Jersey Prison Staff Prosecuted for Cell Phone Smuggling by On October 20, 2008, the entire Texas prison system was locked down and searched for cell phones and other contraband. The search resulted in the discovery of hundreds of cell phones, chargers, SIM cards, tobacco stashes and weapons. [See: …
CMS Contract Woes Persist in New Jersey, Arizona and Delaware by David Reutter by David M. Reutter Deficiencies in medical care and failure to comply with contractual obligations have resulted in the termination of two contracts for Correctional Medical Services (CMS). The contracts were worth a total of $95 million …
State v. Pena-Flores, NJ, AG Letter Urging Postponment Pending Telephone Warrant System (2009) Mutt of New :_qtrzeg OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LAW AND PUBLIC SAFETY PO Box 080 NJ 08625-0080 March 9, 2009 JON S. CORZINE Governor TRENTON ANNE MILGRAM Attorney General Honorable Chief Justice and Associate …
Federal "Relation Back" Doctrine Intended To Expand, Not Limit, Prisoners' Rights by New Jersey State prison officials, guards and riot team personnel (defendants) moved for summary judgment dismissal of an amended 42 U.S.C. § 1983 complaint following a 30 day lockdown at the Bayside Prison. The amendment allowed an already …
$4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit by $4.5 Million Settlement in New Jersey Jail Strip Search Lawsuit New Jersey’s Cumberland County has agreed to pay $4.5 million to settle a class action strip search lawsuit. This is another huge settlement in Fourth Amendment claims of this …
New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison by New Jersey Court Enters Preliminary Injunction Barring Women Prisoners at Men’s Prison A New Jersey Superior Court has issued a preliminary injunction that prohibits prison officials from transferring women prisoners to the New Jersey State Prison (NJSP), …
$1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey by $1,100,000 Settlement in Juvenile Prisoner Suicide in Union County, New Jersey On November 15, 2007, Union County settled a lawsuit over the suicide death of a juvenile prisoner at the 42-year-old Union County Juvenile Detention Center (JDC) in …
New Jersey State Audit Reports DOC Life Skills Program Contractually Noncompliant by Bob Williams By Bob Williams The New Jersey State Legislature Auditor's Office conducted an investigation into contractual expenditures, policies and provisional compliance of the Department of Correction’s (DOC) Life Skills Academy (LSA) program. The 2006 report reflected the …
New Jersey Police's Negligent Duty Performance Induces City Liability by New Jersey resident Shana Massachi, estate administratrix for Sohayla Massachi, appealed her state tort suit dismissal after inadequate police procedures allegedly resulted in Sohayla's death. The dismissal was reversed because statutory immunity does not apply to negligently preformed ministerial duties …
New Jersey Fires 52 Prison Guards in 2007 by Gary Hunter Guards in New Jersey prisons have been found guilty of everything from smuggling drugs and cell phones to simply failing to show up for work. From 2005 to 2007, the New Jersey Department of Corrections (DOC) had to fire …
