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Supreme Court Sets Standard for Stay of Injunctions

Article • May 15, 2007

Filed under: Discrimination, Sex Offenders (Discrimination), Habeas Corpus

Supreme Court Sets Standard for Stay of Injunctions by The United States Supreme Court held that a federal court should follow the general standards for staying a civil judgment when determining if a successful habeas corpus petitioner should be released pending appeal. The respondent, a New Jersey prisoner convicted of …

New Jersey Supreme Court Orders Parole, Halfway House Placement

Article • May 15, 2007

Filed under: Parole, Death Penalty/Death Row, Death Penalty

New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …

Prisoners Have Right to Informed Consent and to Refuse Medical Treatment

Article • May 15, 2007

Filed under: Misconduct/Corruption, Medical Misconduct, Retaliation for Use of Medical Services, Systemic Medical Neglect, Forcible Treatment

Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …

New Jersey Juvenile Raped By Guards Settles For $500,000

Article • May 15, 2007

Filed under: Sexual Assault, Staff-Prisoner Assault

New Jersey Juvenile Raped By Guards Settles For $500,000 by On May 24, 2002, Morris County, New Jersey, paid $500,000 to settle with a former prisoner who was sexually assaulted by two guards at the Morris County Juvenile Detention Center. While imprisoned in the detention center in September 1997, Mary …

Negligence Insufficient to Make Prison Officials Liable

Article • May 15, 2007

Filed under: Disciplinary Hearings, Liberty Interests, Failure to Protect (General)

Negligence Insufficient to Make Prison Officials Liable by Robert Davidson, a New Jersey state prisoner, filed suit under 42 U.S.C. § 1983 against prison officials for negligent failure to protect him from another prisoner. After being threatened by the other prisoner, Davidson sent a note reporting the threat which found …

No Presentence Entitlement to NJ Prison Commutation Credit

Article • May 15, 2007

Filed under: Sentencing, Good Time

No Presentence Entitlement to NJ Prison Commutation Credit by Robert Buncie and three other New Jersey state prisoners filed a state court action claiming equal protection and due process violations for not receiving prison commutation credit prior to sentencing. The trial court held that prisoners are not entitled to such …

Searching Vehicle Of Prison Visitor Suspected Of Illegal Drug Possession Upheld

Article • May 15, 2007

Filed under: Searches, Mechanical Searches/Scanners, Visitor Searches, Vehicle Searches

Searching Vehicle Of Prison Visitor Suspected Of Illegal Drug Possession Upheld by New Jersey resident Janice Daniels appealed a State court denial of her motion to suppress heroin seized from her vehicle's interior. Mrs, Daniels and her husband were visiting her son who was incarcerated at the Garden State Youth …

Aliens May Sue Private Detention Companies Under ATCA

Article • May 15, 2007

Filed under: Staff-Prisoner Assault, Esmor/CSC, Misconduct/Corruption, Contractor Misconduct, Racial Discrimination, Prison Rebellion, Systemic Medical Neglect, Strip Searches, Totality of Conditions, Food, Overcrowding, Water, Sanitation, Hygiene Supplies, Guard Brutality/Beatings, Class Certification, Limitations, Discovery, Fair Labor Standards Act, Religious Freedom Restoration Act, RLUIPA, Alien Tort Claims Act, Immigration, Contractor Liability, Sovereign Immunity, Religious Diet, Denial of Religious Services

Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …

New Jersey Prison Doctors Pay Over $5k for Concealing Documents

Article • May 15, 2007

Filed under: Medical, Medical Records, Attorney Fee Awards

New Jersey Prison Doctors Pay Over $5k for Concealing Documents by Joseph Tarlton, a former New Jersey state prisoner, sued prisons and their medical staff for being deliberately indifferent to his medical needs while he was in prison. Two of the defendants, both prison doctors, lied about the existence of …

Appeals Courts Have Wide Discretion in Class Certification Appeals

Article • May 15, 2007

Filed under: Civil Procedure, Class Certification, Appeals

Appeals Courts Have Wide Discretion in Class Certification Appeals by Courts of appeals have unfettered discretion to permit or deny interlocutory appeals of class certification orders, provided for by a 1998 amendment to the Federal Rules of Civil Procedure. This discretion is analogous to that exercised by the Supreme Court …

No Counsel Appointed in Police Beating Suit

Article • May 15, 2007

Filed under: Appointment of Counsel, Police, Excessive Force (Police)

No Counsel Appointed in Police Beating Suit by The plaintiff brought suit alleging excessive force causing injury by police, and sought appointment of counsel. He makes the requisite showing of merit but "fails to state a reason why appointment of counsel would increase the likelihood of a just determination in …

No Summary Judgment in NJ Control Unit Retaliation Case

Article • May 15, 2007

Filed under: Retaliation, Retaliation for Filing Grievances, Retaliatory Discipline

No Summary Judgment in NJ Control Unit Retaliation Case by The plaintiff alleged that after a Behavioral Modification Unit was discontinued, he (unlike almost everybody else there) was returned to administrative segregation. He alleged this was in response to his having filed a grievance about excessive force against another prisoner. …

Court Rules on Consolidated Suits against CMS in New Jersey

Article • May 15, 2007

Filed under: CMS, Medical, Medication, Private Contractors, Medical Records, Failure to Treat, Malpractice

Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …

Jama et al v. Esmor Correctional Services, NJ, Def MoL in Opposition of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007

Brief • May 10, 2007

Filed under: Eighth Amendment, Guard Brutality/Beatings, Expert Witnesses, Immigration

Jama et al v. Esmor Correctional Services, NJ, Def MoL in Opposition of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 450 Filed 05/10/07 Page 1 of 34 PageID: 8228 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Steven D. Weinstein New …

Jama et al v. Esmor Correctional Services, NJ, Deposition - DeLand, immigration beating, 2006

Brief • April 5, 2007

Filed under: Eighth Amendment, Guard Brutality/Beatings, Immigration

Jama et al v. Esmor Correctional Services, NJ, Deposition - DeLand, immigration beating, 2006 Case 2:97-cv-03093-DRD-MAS Document 431-5 Filed 04/05/07 Page 1 of 137 PageID: 5542 EXHIBIT 2 Case 2:97-cv-03093-DRD-MAS Document 431-5 Filed 04/05/07 Page 2 of 137 PageID: 5543 Page 1 1 UNITED STATES DISTRICT COURT 2 FOR THE …

Jama et al v. Esmor Correctional Services, NJ, Certificate in Support of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007

Brief • April 5, 2007

Filed under: Eighth Amendment, Guard Brutality/Beatings, Immigration

Jama et al v. Esmor Correctional Services, NJ, Certificate in Support of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 431-2 Filed 04/05/07 Page 1 of 3 PageID: 5368 Mary Beth Hogan, Esq. Drew M. Dorman, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, …

Jama et al v. Esmor Correctional Services, NJ, Memo Supporting Plf Mot to Preclude Expert Testimony, immigration beating, 2007

Brief • April 5, 2007

Filed under: Eighth Amendment, Guard Brutality/Beatings, Immigration

Jama et al v. Esmor Correctional Services, NJ, Memo Supporting Plf Mot to Preclude Expert Testimony, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 431-1 Filed 04/05/07 Page 1 of 45 PageID: 5374 Mary Beth Hogan, Esq. Drew M. Dorman, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York …

Jama v. INS, NJ, Mtn. to Preclude Expert Testimony, Torture at INS Facilities, 2007

Brief • April 5, 2007

Filed under: Eighth Amendment, Guard Brutality/Beatings, Immigration

Jama v. INS, NJ, Mtn. to Preclude Expert Testimony, Torture at INS Facilities, 2007 Case 2:97-cv-03093-DRD-MAS Document 431 Filed 04/05/07 Page 1 of 2 PageID: 5679 Case 2:97-cv-03093-DRD-MAS Document 431 Filed 04/05/07 Page 2 of 2 PageID: 5680

New Jersey Phone Rates Out of Control

Article • March 15, 2007 • from PLN March, 2007

Filed under: Prisoner Privileges, Rehabilitation/Recidivism, Telephone Rates

New Jersey Phone Rates Out of Control by Gary Hunter Two calls a week from her incarcerated son costs Marjorie Arniotis over $150 per month. Lorraine Green pays around $200 a month to talk to her imprisoned son and was paying more until one of her sons was acquitted in …

New Jersey Sex Offenders Must Be Protected and Segregated During Transports

Article • February 15, 2007 • from PLN February, 2007

Filed under: Sex Offenders (Discrimination), Failure to Protect (General), Transportation, Preliminary Injunctions/TRO's, Protective Custody

New Jersey Sex Offenders Must Be Protected and Segregated During Transports by A New Jersey federal district court has issued a preliminary injunction requiring prison officials at the Adult Diagnostic and Treatment Center in Avenel, New Jersey (ADTC) to protect and segregate ADTC prisoners when transporting them to medical appointments …