Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
NJ Parole Class Action Settled by A U.S. District Court for New Jersey held that a group of New Jersey state prisoners, who were seeking injunctive relief from the state's Parole Board for its consistent failure to conduct timely parole hearings, warranted certification as a class action for the purpose …
New Jersey DOC Must Clarify Disciplinary Hearing Record by The Supreme Court of New Jersey remanded a prison disciplinary proceeding to the state Department of Corrections for clarification of whether a prisoner was denied the opportunity to cross-examine and confront witnesses. Gallimore McDonald, a New Jersey state prisoner, was charged …
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 …
