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 …
Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter A prisoner accused of smuggling a gun into a New Jersey prison two years ago was …
Ice Cream Trucks No Treat for Sex Offenders by Several cities and at least one state have passed laws that prohibit sex offenders from driving ice cream trucks. In 2004 Eduardo Grau, 56, was driving an ice cream truck in New York state when he molested a 9-year-old girl. It …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
New Jersey Prisoners’ Jail Escape Leads to Firings and Suicide by Gary Hunter About an hour into his shift on December 15, 2007, Union County, New Jersey jail guard Rudolph Zurick discovered that prisoners Jose Espinosa and Otis Blunt were missing. Zurick immediately took steps to have the jail locked …
Former Immigration Detainee Awarded $100,001 Against CSC/Esmor, Plus $137,808 in Attorney’s Fees and Expenses by A federal jury has awarded a former detainee $100,001 against a private company that operated a New Jersey detention center for the U.S. government. The jury found for the plaintiff on her negligent supervision and …
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Police Department Acceptance of Service for Cop Upheld by A police department's offer to accept service for an individual officer did not make it an agent authorized to accept service without actual authorization or appointment from the officer. Since the officer actually got the complaint, the court holds the defect …
$390,000 Settlement in Unlawful Arrest Warrant by New Jersey’s Essex County settled a claim against it that alleged a prosecutor was “plainly incompetent” for procuring and executing an arrest warrant. The case settled for $390,000 prior to a damages trial. The plaintiff’s false arrest claim came after the Essex county …
New Jersey DNA Act Constitutional by The New Jersey Supreme Court has held that the New Jersey DNA Database and Databank Act of 1994 is constitutional under the state and federal constitutions. It also noted that a blood sample or cheek swab constitutes a search. The Court found the main …
Federal Courts Lack Authority to Expunge Valid Convictions by The Third Circuit Court of Appeals upheld a lower court’s decision that it lacked jurisdiction to expunge criminal convictions pursuant to its inherent power to order equitable relief, or pursuant to the All Writs Act. David Rowlands, a New Jersey public …
