Case: Jama v. United States Immigration and Natural Service

2:97-cv-03093 | U.S. District Court for the District of New Jersey

Filed Date: June 16, 1997

Closed Date: Aug. 9, 2010

Clearinghouse coding complete

Case Summary

The Jama lawsuit is a companion case to the class action, Brown v. Esmor Correctional Services, Inc., No. 98-1282(DRD) and Joaquin DaSilva v. Esmor Correctional Services Incorporated, et al., No. 96-3755(DRD), which were also pending in to U.S. District Court District of New Jersey. All three cases, Jama, Brown and DaSilva were filed on behalf of undocumented aliens who were detained at a facility that the Immigration and Naturalization Service (''INS'') maintained in Elizabeth, New Jersey pending a determination of their asylum status. Plaintiffs in all cases alleged that during their detention they were subjected to torture, beatings, harassment and inhumane living conditions which included inadequate sanitation, exercise, and medical treatment. Brown was a class action, while Jama and DaSilva were filed and maintained on behalf of individual plaintiffs that opted out of the Brown class. All three cases were assigned to District Court Judge Dickinson R. Debevoise.

Jama was filed on June 16, 1997 and named as defendants the INS, Esmor Correctional Services, Inc., the private corporation which operated the facility for the INS., and individual corporate officers and agents. Claims for relief included alleged violations of the First, Fifth, and Thirteenth Amendments to the United States Constitution; numerous provisions of the New Jersey Constitution; the International Covenant on Civil and Political Rights (''ICCPR''); customary international law; the Alien Tort Claims Act, 28 U.S.C. § 1350 (''ATCA''); the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb, et seq. (''RFRA''); the Fair Labor Standards Act; and New Jersey law.

On April 24, 1998 the District Court (Judge Dickinson R. Debevoise) certified the Brown case as a class action consisting of a class of all detainees who were incarcerated at the Elizabeth, New Jersey facility from August 1994 to July 1995. Notice was sent to class members in March 1999. Class members were given the option to opt out of the class and pursue their own damage actions. Many of the class notices mailed out were returned as undeliverable, as detainees had been released or transferred.

The defendants moved to dismiss the Jama case as applied to various groups. The District Court, Judge Debevoise) granted the motion in part and denied it without prejudice in part. Jama v. U.S. I.N.S., 22 F.Supp.2d 353 (D.N.J. Oct 01, 1998).

On October 29, 1998, the Jama, Brown and DaSilva cases were consolidated for the purpose of discovery.

Extensive discovery proceeded for four years. During that time, the parties also engaged in protracted litigation over whether plaintiffs in the Jama and DaSilva actions failed to timely opt-out of the Brown class action. See DaSilva v. Esmor Correctional Services Inc., 215 F.R.D. 477 (D.N.J. 2003); Jama v. Esmor Correctional Services, Inc., 2005 WL 2901899, 2005 U.S. Dist. LEXIS 26060 (D.N.J. Nov 01, 2005); and Dasilva v. Esmor Correctional Services, Inc., 167 Fed.Appx. 303 (3rd Cir. 2006). The Jama plaintiffs eventually settled their claims against the U.S. and the INS, leaving Esmor and its officers as the lone defendants.

In January 2003, the Esmor defendants filed a motion for summary judgment in the Jama Action. A similar motion was filed in the Brown class action case in September 2003. Individual INS defendants also moved to dismiss or for summary judgment

Oral arguments on all the motions for summary judgment were conducted on June 29 and June 30, 2004. The District Court Debevoise, disposed of all pending motions in two separate orders. Jama v. INS, 334 F. Supp. 2d 662 (D.N.J. 2004) (addressing the Brown motions) and Jama v. U.S. I.N.S., 343 F.Supp.2d 338 (D.N.J. 2004) (addressing the Jama motions). Judge Debevoise held that the settlement agreement between plaintiffs and the U.S. settled any and all claims, that the INS was therefore entitled to be dismissed from the case. As to the Esmor defendants, Judge Debevoise ruled that plaintiffs had viable claims under 1) the Alien Tort Claims Act, 28 U.S.C. § 1350 (the "ATCA"); the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000 bb, et seq. (the "RFRA"); and state law claims based on Esmor's and its officers' alleged negligent failure to safeguard plaintiffs' property and negligent hiring, training, supervision and retention of employees. All other claims were dismissed.

The Court then deconsolidated the Brown case from the Jama and DaSilva actions, finding that the Brown case was ready for trial. The DaSilva case was eventually dismissed without prejudice and its plaintiffs became members of the Brown action class. The Brown case ultimately settled in August 2005, while the Jama action proceeded to trial.

The Jama proceedings were stayed briefly from November 2005 to February 2006, while the Courts resolved the objection that the Jama plaintiffs did not timely opt out of the Brown class action. See Jama v. Esmor Correctional Services, Inc., 2005 WL 2901899, 2005 U.S. Dist. LEXIS 26060 (D.N.J. Nov 01, 2005) and Dasilva v. Esmor Correctional Services, Inc., 167 Fed.Appx. 303 (3rd Cir. 2006). After the stay was lifted, the parties completed discovery, including depositions of experts.

Pre-trial motions were filed and the Court was called upon to resolve disputes over expert witness testimony. Jama v. Esmor Correctional Services, Inc., 2007 WL 1847385, 2007 U.S. Dist. LEXIS 45706 (D.N.J. Jun 25, 2007).

A jury trial began on September 25, 2007 and continued through mid-November. On November 13, 2007, the jury reached a verdict, finding as follows:

1. For defendants on the Alien Tort Claims Act claim and certain negligence claims.

2. For plaintiff Jama on Religious Freedom Restoration Act claim and awarded $1.00 in nominal damages.

3. For plaintiff Jama and against Esmor and several individual defendants on claim for negligent hiring, training, supervision and/or retention and awarded $100,000 in compensatory damages.

No punitive damages were rendered.

On November 20, 2007, the Court awarded plaintiffs attorneys' fees in the amount of $137,808.04 ($29,208.04 to Debevoise & Plimpton and $108,600.00 to the Rutgers Constitutional Litigation Clinic) in connection to a prior ruling concerning spoliation of evidence. Jama v. Esmor Corr. Servs., Inc., No. 97-3093(DRD), 2007 WL 4166016 (D.N.J. Nov. 20, 2007).

On March 17, 2008, the District Court (Judge Debevoise) entered an opinion denying Defendants' renewed motion for judgment as a matter of law. The Court held that the trial record "revealed a history of grievous abuses of the religious beliefs and practices not only of Jama but also of others, utterly without justification; and there is revealed a pattern of physical and emotional abuse of detainees, including Jama, perpetrated by untrained and often sadistic guards, all of which was known or should have been known by higher officers in Esmor." Jama v. Esmor Corr. Servs., Inc., No. 97-3093(DRD), 2008 WL 724337 (D.N.J. Mar. 17, 2008).

On April 16, 2008, Defendants filed a notice of appeal, seeking review of the Court's denial of their motions for judgment as a matter of law. This appeal would subsequently be voluntarily dismissed on October 2, 2008.

On April 23, 2008, the District Court awarded Plaintiffs attorneys' fees and expenses, pursuant to 42 U.S.C. § 1988, in the amount of $642,398.57. Jama v. Esmor Corr. Servs., Inc., 549 F. Supp. 2d 602 (D.N.J. 2008). The United States Court of Appeals for the Third Circuit subsequently vacated the order, holding that the District Court's "degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict," and remanded for further proceedings. Jama v. Esmor Corr. Servs, Inc., 577 F.3d 169 (3d Cir. 2009). The parties subsequently reached a settlement agreement on the question of attorneys' fees (which was not filed with the Court). The case was dismissed with prejudice on August 9, 2010.

Summary Authors

Dan Dalton (11/16/2007)

Dan Whitman (11/12/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4308697/parties/jama-v-esmor-correctional-servs-inc/

Judge(s)

Attorney for Plaintiff

Askin, Frank (New Jersey)

Attorney for Defendant

Applegate, Kit (New Jersey)

Barrett, Bruce E. (New Jersey)

Cassell, Susan C. (New Jersey)

Chase, Jeffrey L. (New Jersey)

Expert/Monitor/Master/Other

Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Shipp, Michael Andre (New Jersey)

Attorney for Plaintiff

Askin, Frank (New Jersey)

Dorman, Drew Matthew (New York)

Glenn, Martin (New York)

Holden, Michael J. (New York)

Tarson, Derek Sherman (New York)

Venetis, Penny M. (New Jersey)

Attorney for Defendant

Applegate, Kit (New Jersey)

Barrett, Bruce E. (New Jersey)

Cassell, Susan C. (New Jersey)

Chase, Jeffrey L. (New Jersey)

Cherry, Gloria (New Jersey)

Ciolek, Douglas F. (New Jersey)

Dalberth, Elizabeth (New Jersey)

Esq., Joseph Cordaro,

Harris, Brian C. (New Jersey)

JR., CHARLES E. (New Jersey)

Kadish, Jeffrey M. (New Jersey)

KISTLER, DAVID C. (New Jersey)

Lapidus, Steven L. (New Jersey)

Mathews, J. Llewellyn (New Jersey)

Miller, Keith J. (New Jersey)

Murphy, Edward R. (New Jersey)

Powers, Charles E. Sr. (New Jersey)

Rotolo, Victor A. (New Jersey)

Siegel, Gerald D. (New Jersey)

Spaman, Kira Feeny (New Jersey)

Strosnider, Richard Barry (New Jersey)

WALLINGTON, JOHN DOE (New Jersey)

Weinstein, Steven D. (New Jersey)

Other

Cordaro, Joseph N. (New York)

Lustberg, Lawrence S. (New Jersey)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:97-cv-03093	Docket (PACER)	Aug. 17, 2010	Aug. 17, 2010 Docket
1 2:97-cv-03093	Complaint	June 16, 1997	June 16, 1997 Complaint
528 2:97-cv-03093	Jury Trial Jama v. Brown v. Esmor Correctional Services, Inc.	Nov. 13, 2007	Nov. 13, 2007 Other
531 2:97-cv-03093	Jury Questionnaire Jama v. Brown v. Esmor Correctional Services, Inc.	Nov. 13, 2007	Nov. 13, 2007 Other
534 2:97-cv-03093	Opinion Jama v. Brown v. Esmor Correctional Services, Inc.	Nov. 20, 2007	Nov. 20, 2007 Order/Opinion 2007 WL 4166016
556 2:97-cv-03093	Opinion Jama v. Brown v. Esmor Correctional Services, Inc.	March 17, 2008	March 17, 2008 Order/Opinion 2008 WL 724337
565 2:97-cv-03093	Opinion Jama v. Brown v. Esmor Correctional Services, Inc.	April 23, 2008	April 23, 2008 Order/Opinion 549 F.Supp.2d 602
00319765079 08-02500	Third Circuit Opinion Jama v. Esmor Correctional Services, Inc. U.S. Court of Appeals for the Third Circuit	Aug. 12, 2009	Aug. 12, 2009 Order/Opinion 577 F.3d 169

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
The Ins and Outs of the Jama Case Part I Pauline Daniels	The Jama case was filed in June 1997 on behalf of a group of undocumented aliens who were held at a private detention facility operated under the authority of the United States Immigration and Natura…	Nov. 13, 2007	Nov. 13, 2007 https://statesofincarceration.org/...
Jama v. Immigration and Customs Enforcement Oyez	A Minnesota state court convicted Somalian refugee Keyse Jama of assault. As a result the Immigration and Naturalization Service (INS) argued in immigration court that Jama should be deported to Soma…	Jan. 12, 2005	Jan. 12, 2005 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4308697/jama-v-esmor-correctional-servs-inc/

Last updated March 25, 2026, 4:36 a.m.

ECF Number	Date	Description	Link
1	June 16, 1997	COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 241777 (dr) Additional attachment(s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 06/17/1997) 1 part 2 View on PACER 2 part 3 View on PACER 3 part 4 View on PACER	RECAP
2	June 16, 1997	APPLICATION/MOTION FOR LEAVE TO ADMIT PENNY M. VENETIS ESQ. AND MARTIN GLENN, ESQ PRO HAC VICE esq. (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)	RECAP
3	June 16, 1997	AFFIDAVIT of FRANK ASKIN on Re: In Support of Pro Hac Vice Application (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)	RECAP
4	June 16, 1997	NOTICE of Allocation and Assignment filed. Magistrate STANLEY R. CHESLER (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)	RECAP
5	June 18, 1997	ORDER granting [2-1] application ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/19/1997)	RECAP
	June 18, 1997	SUMMONS issued for dft., INS ( 60 Days) (Mailed to Counsel) (cs)
	June 18, 1997	SUMMONS(ES) issued for dfts., JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, JOHN DOE BOYER, JOHN DOE FREISS, JOHN DOE SILVA, JAMES SLATTERY, AARON SPEISMAN, WILLARD STOVALL, JOHN LIMA, JAMES POULAND, DIANE McCLURE, RICHARD STALEY, JOHN DOE BROWN, JOHN DOE BROWNDIE, JANE DOE CLARK, JOHN DOE EDIDER, JOHN DOE FEDER, JOHN DOE FIGEL, JOHN DOE GARCIA, JOHN DOE GILL, JOHN DOE HAWKINS, JOHN DOE HAYES, JOHN DOE HIGGS, JOHN DOE HUGHES, JOHN DOE HUNTER, JOHN DOE JACKSON, JOHN DOE JOHNSON, JOHN DOE KUTZ, JOHN DOE MELENDEZ, JANE DOE MICHELLE, JOHN DOE MOHAMMED, JOHN DOE NKENKE, JANE DOE PHIL, JOHN DOE SNEED, JOHN DOE STRATFORD, JOHN DOE VANDERPOOR, JOHN DOE WILLIAMS, JOHN DOE WILSON, JOHN DOE WALLINGTON ( 20 Days) (Mailed to Counsel) (cs)
	June 18, 1997	Summons Issued
6	Aug. 25, 1997	APPLICATION by INS and Clerk's Order extending time to answer. Answer due 9/22/97 for INS (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 08/26/1997)	RECAP
7	Sept. 2, 1997	STIPULATION and ORDER Re: answers to complt. & interrog., etc. ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/04/1997)	RECAP
8	Sept. 4, 1997	ORDER TO SHOW CAUSE: why an order should not be entered purs to Local Rule 12(A) of the USDC, granting motion of pltfs to serve interrogatories on deft. INS Show Cause Hearing set for 8:30 9/11/97 ( signed by Judge Dickinson R. Debevoise ) (DD) (Entered: 09/08/1997)	RECAP
9	Sept. 11, 1997	Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 09/11/97; The following actions were taken, granting [8-1] order. Court transcript to serve as Order. By Judge Dickinson R. Debevoise (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/12/1997)	RECAP
10	Sept. 23, 1997	AMENDED COMPLAINT by HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER, CHARLES ADDAI, amending [1-1] complaint against DAVID MCLEAN, EARLINE D. BOYER, ALAN FREISS, KEVIN T. BRODIE, IRVING BROWN, TOMMIE L. BROWN, CATRINA CLARK, LEONARD EADY, FRANK FIGEL, LUIS GARCIA, DARRELL GILL, WINFRED HAWKINS, ISAIAH HUGHES, DORIAN HUNTER, WILLIE O. HUNTER, MICHAEL JACKSON, PHILLIP JOHNSON, MICHAEL MELENDEZ, OKAY NKENKE, ROBERT SNEAD, COREY STRADFORD, MICHAEL TATE, AUGUSTUS VANDERPUYE, WILLIAM WALLINGTON, NORMAN WILLIAMS (ej) Additional attachment(s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/23/2007 (mn, ). Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/24/1997) 1 part 2 View on PACER 2 part 4 View on PACER 3 part 3a View on PACER 4 part 3b View on PACER	RECAP
11	Sept. 30, 1997	Notice of MOTION for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, w/SILB & Certificate of Service. ( PO Subm) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/30/1997)	RECAP
12	Oct. 6, 1997	APPLICATION/MOTION by deft., INS for extension of time to answer; w/cert. of serv. {Brief/PO subm} {copy sent to DRD} (DD) Modified on 10/07/1997 Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)	RECAP
13	Oct. 6, 1997	ORDER granting [11-1] motion for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)	RECAP
14	Oct. 8, 1997	ORDER granting [12-1] application for extensiton of time to 10/14/97 to answer( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/10/1997)	RECAP
15	Oct. 8, 1997	ANSWER TO AMENDED COMPLAINT and CROSSCLAIM by INS against ESMOR CORRECTIONAL (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/14/1997)	RECAP
16	Oct. 14, 1997	Letter/APPLICATION by pltfs requesting an extension of time by 30 days the 120-day time limit for service of process for the remaining unserved defts w/cert of service attached (copy to DRD) (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)	RECAP
17	Oct. 14, 1997	DECLARATION of Penny Venetis in support of application to extime time to serve remaining defts w/exhibits attached (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997) 1 part 2 View on PACER 2 part 3 View on PACER	RECAP
18	Oct. 14, 1997	ORDER, extending time for pltf to effect service, w/in 30 days ( signed by Judge Dickinson R. Debevoise ) (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)	RECAP
19	Oct. 15, 1997	ANSWER by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, RICHARD STALEY to amended complaint (ej) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/17/1997) 1 part 2 View on PACER	RECAP
20	Oct. 27, 1997	ORDER, resetting answer due for 11/8/97 for dfts., NORMAN WILLIAMS, for PHILLIP JOHNSON, for JOHN DOE HIGGS ( signed by Judge Dickinson R. Debevoise ) n/m (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/28/1997)	RECAP
21	Oct. 28, 1997	APPLICATION by WILLARD STOVALL and Clerk's Order extending time to answer. Answer due 11/12/97 for WILLARD STOVALL (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/29/1997)	RECAP
22	Oct. 30, 1997	DECLARATION of DAVID DON on behalf of INS Re: search to identify "John Doe Silva" (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/31/1997)	RECAP
23	Nov. 5, 1997	ANSWER to Complaint by WILLIE O. HUNTER, MICHAEL JACKSON (pv) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/06/1997) 1 part 1 View on PACER 2 part 2 View on PACER	RECAP
24	Nov. 6, 1997	ANSWER by WILLIAM HIGGS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997) 1 part A View on PACER 2 part 1 View on PACER 3 part 2 View on PACER	RECAP
25	Nov. 6, 1997	ANSWER by NORMAN WILLIAMS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)	RECAP
26	Nov. 6, 1997	ANSWER by PHILLIP JOHNSON to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)	RECAP
27	Nov. 10, 1997	STIPULATION and ORDER, extending time to answer crossclaims, answer due for 11/18/97 for ESMOR CORRECTIONAL ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/12/1997)	RECAP
28	Nov. 12, 1997	AMENDED ANSWER to the first amended Complaint by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, JOHN LIMA, RICHARD STALEY : amends [19-1] complaint answer (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/14/1997) 1 part 2 View on PACER	RECAP
29	Nov. 17, 1997	ANSWER by JOHN DOE 1(Edward Krous) to amended complaint; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/18/1997)	RECAP
30	Nov. 18, 1997	Notice of MOTION to dismiss for lack of jurisdiction, improper venue; failure to state a claim and failure to properly plead, for TOM DIRICKSON to appear pro hac vice by dft., JAMES BRIAN POULAND Motion hearing set for 12/22/97 on [30-1] motion, set for 12/22/97 on [30-2] motion, set for 12/22/97 on [30-3] motion w/cert of svc. (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/18/1997)	RECAP
31	Nov. 18, 1997	ORDER, scheduling conference for 1:30 1/7/98 ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/19/1997)	RECAP
32	Nov. 19, 1997	ANSWER by JAMES POULAND to amended complaint; jury demand (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/20/1997)	RECAP
33	Nov. 20, 1997	LETTER By IRVING BROWN in opposition re paragraph 27 of complaint concerning Guard Brown videotape (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/21/1997)	RECAP
34	Nov. 21, 1997	Notice of MOTION for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS, Motion hearing set for 12/22/97 on [34-1] motion, SILB, proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)	RECAP
35	Nov. 21, 1997	AFFIDAVIT of A. DAVID CARLSON on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)	RECAP
36	Nov. 21, 1997	AFFIDAVIT of NATHAN M. RYMER on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)	RECAP
37	Nov. 21, 1997	AFFIDAVIT of EDWARD R. MURPHY on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)	RECAP
38	Nov. 21, 1997	CROSSCLAIM by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS agst ESMOR (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (see hyper linked document no. 38) (Entered: 11/26/1997)	RECAP
39	Nov. 25, 1997	COUNTERCLAIM by ESMOR CORRECTIONAL agst INS (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/01/1997)	RECAP
	Nov. 25, 1997	ANSWER by ESMOR to third party complt of INS (pv) Additional attachment(s) added on 1/24/2007 (af, ).
	Nov. 25, 1997	Answer to Third Party Complaint
40	Dec. 1, 1997	ORDER, extending time, answer due for 12/5/97 for WILLARD STOVALL ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/03/1997)	RECAP
41	Dec. 3, 1997	ANSWER by WILLARD STOVALL to amended complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/04/1997) 1 part 2 View on PACER	RECAP
42	Dec. 17, 1997	STIPULATION and ORDER, extending time, answer due for 12/16/97 for DIANE McCLURE or within time INS be required to answer, whichever date is later ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/18/1997)	RECAP
43	Dec. 19, 1997	NOTICE of substitution by UNITED STATES in place of DAVID McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE BOYER, ALAN FREISS pursuant to FEDERAL EMPLOYEES LIABILITY REFORM AND TORT COMPENSATION ACT (pv) Modified on 12/23/1997 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
44	Dec. 19, 1997	Notice of MOTION to dismiss or for summary judgment by INS, Motion hearing set for 1/12/98 on [44-1] motion, set for 1/12/98 on [44-2] motion, proof of serv (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
45	Dec. 22, 1997	Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 12/22/97; The following actions were taken, granting [30-1] motion to dismiss for lack of jurisdiction granting [30-2] motion improper venue; failure to state a claim and failure to properly plead granting [30-3] motion for TOM DIRICKSON to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
46	Dec. 22, 1997	Minute entry: Proceedings recorded by ; Minutes of: 12/22/97; The following actions were taken, granting [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
47	Dec. 22, 1997	ORDER, for A. David Carlson, Esq. & Nathan M. Rymer, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
48	Dec. 22, 1997	STIPULATION and ORDER, dismissing deft, POULARD ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
49	Dec. 22, 1997	ANSWER by DORIAN HUNTER, MICHAEL MELENDEZ to amended complaint; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)	RECAP
50	Dec. 22, 1997	NOTICE by INS requesting the court to substitutethe original signed declaration of Robert E. Dalton in place of the copy, which is found as Exhibit No. 2, etc. filed on 12/19/97 w/ cert of service attached (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/24/1997)	RECAP
51	Dec. 29, 1997	ANSWER to Amended Complaint by DIANE McCLURE.(mn, ) (Entered: 01/26/2007)	RECAP
52	Jan. 8, 1998	CERTIFICATE OF SERVICE of scheduling order sent to counsel (mn, ) (Entered: 01/26/2007)	RECAP
53	Jan. 8, 1998	CERTIFICATE OF SERVICE by INS of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)	RECAP
54	Jan. 8, 1998	CERTIFICATE OF SERVICE by INS of initial disclosure statement (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)	RECAP
55	Jan. 12, 1998	Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 1/12/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 2/23/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 2/23/98 By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/14/1998)	RECAP
56	Jan. 16, 1998	ANSWER by dft., INS to [39-1] counter claim of dft., ESMOR w/cert of svc (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/20/1998)	RECAP
57	Jan. 20, 1998	SCHEDULING ORDER setting Status conference 10:00 4/3/98 ; directing INS to re-serve motion todismiss, opposition due l/30/98, etc. ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/22/1998)	RECAP
58	Feb. 3, 1998	CERTIFICATE OF SERVICE by INS of first set of interrogatories and requests for production of documents (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)	RECAP
59	Feb. 4, 1998	Notice of MOTION for LARRY S. REICH, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, Motion hearing set for 3/9/98 on [59-1] motion, certf of LARRY S. REICH & proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)	RECAP
60	Feb. 9, 1998	STIPULATION and ORDER adjourning motion to dismiss by INS to 4/27/98 & setting briefing schedule ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/11/1998)	RECAP
61	Feb. 23, 1998	Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 2/23/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 4/27/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 4/27/98 By Judge Dickinson R. Debevoise (pv) Modified on 05/06/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/24/1998)	RECAP
62	Feb. 27, 1998	Notice of MOTION to dismiss complaint by JAMES POULAND, Motion hearing set for 3/23/98 on [62-1] motion (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)	RECAP
63	Feb. 27, 1998	AFFIDAVIT of JAMES POLAND on Re: [62-1] motion to dismiss complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)	RECAP
64	Feb. 27, 1998	CERTIFICATE OF SERVICE by JAMES POULAND of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)	RECAP
65	March 5, 1998	AMENDED ANSWER to Amended Complaint by LUIS GARCIA, WILLIE O. HUNTER, MICHAEL JACKSON : amends; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/06/1998)	RECAP
66	March 9, 1998	Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 3/9/98; The following actions were taken, At call granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/10/1998)	RECAP
67	March 9, 1998	ORDER granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)	RECAP
68	March 10, 1998	DECLARATION in OPPOSITION of PENNY M. VENETIS Re: motion to dismiss (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)	RECAP
69	March 10, 1998	CERTIFICATE OF SERVICE of pltfs memorandum of law in opposition, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)	RECAP
70	March 19, 1998	Notice of MOTION for admission of Thomas Wolf, Esq. to appear pro hac vice by DIANE McCLURE, Motion hearing set for 4/13/98 on [70-1] motion . (mn) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/20/1998)	RECAP
71	March 23, 1998	Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 03/23/98; The following actions were taken, setting motion hearing on [62-1] motion to dismiss complaint by JAMES POULAND for <date not set> By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/24/1998)	RECAP
72	March 25, 1998	STIPULATION and ORDER, Motion hearing set for 5/11/98 for [62-1] motion to dismiss complaint ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/26/1998)	RECAP
73	April 7, 1998	ANSWER to First Amended Complaint by ROBERT SNEAD; jury demand; demand for damages (femp) Modified on 04/07/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/07/1998)	RECAP
75	April 7, 1998	LETTER Re: out of state atty appearance by A. DAVID CARLSON AND NATHAN RYMER on behalf of INS OFFICIALS FRIESS, UZZLE, ROZOS, BOYER, MCLEAN (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)	RECAP
74	April 8, 1998	ANSWER by TOMMIE L. BROWN to amended complaint; jury demand w/demand for damages (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)	RECAP
76	April 13, 1998	ORDER granting [70-1] motion for admission of Thomas Wolf, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/14/1998)	RECAP
77	April 13, 1998	Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 04/13/98; The following actions were taken, At call for granting [70-1] motion for admission of Thomas Wolf, Esq. to appear pro hac vice; Motion unopposed By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/15/1998)	RECAP
81	April 21, 1998	TRO ORDER TO SHOW CAUSE: Re: further staying deportation of Ms. Agatha Serwaa Show Cause Hearing set for 5/4/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/04/1998)	RECAP
78	April 27, 1998	DECLARATION of LUCINDA A. LOVE on behalf of INS Re: opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)	RECAP
79	April 27, 1998	CERTIFICATE OF SERVICE by INS of opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)	RECAP
80	May 1, 1998	ORDER, extending time to answer for dft, WILLIAM WALLINGTON until 6/1/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/01/1998)	RECAP
82	May 4, 1998	SUPPLEMENTAL AFFIDAVIT of PENNY M. VENETIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: OTSC (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)	RECAP
83	May 4, 1998	DECLARATION of TINA F. ANTONAKAKIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)	RECAP
84	May 4, 1998	AFFIDAVIT of MIRTHA J. OSPINA on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp of pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)	RECAP
85	May 4, 1998	Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 05/04/98; The following actions were taken, granting [81-1] order to show cause and TRO; Ordered week of 5/18/98 be made available to interview Agatha Serwaa; Ordered depo set for 5/27/98; Ordered that a receipt of notice allow 10 days before deportation; Opinion read into record; Order to be submitted by pltf By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)	RECAP
86	May 11, 1998	Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 5/11/98; The following actions were taken, [44-1] motion to dismiss taken under advisement, [44-2] motion for summary judgment taken under advisement By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/12/1998)	RECAP
87	May 18, 1998	CERTIFICATE OF SERVICE RE: pltf's memorandum of law in response to deft James Poland's motion to dismiss served upon counsel of record (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/18/1998)	RECAP
88	May 18, 1998	ORDER continuing injunction staying deportation of AGATHA SERWAA; scheduling her depo for 5/27/98, etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/19/1998)	RECAP
90	May 18, 1998	CERTIFICATE OF SERVICE by INS of reply in supp of its Motion to Dismiss (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/20/1998)	RECAP
89	May 19, 1998	TRANSCRIPT of Proceedings taken on 5/4/98 (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/19/1998)	RECAP
91	June 2, 1998	ANSWER to Complaint by WILLIAM WALLINGTON; jury demand (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/03/1998)	RECAP
92	June 4, 1998	COURT'S LETTER directing that all gathered discovery materials be submitted w/in 30 days from 6/8/98, etc (Signed by Judge Debevoise) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/05/1998)	RECAP
93	Sept. 9, 1998	AFFIRMATION of DANIEL V. GSOVSKI, ESQ. on behalf of ESMOR CORRECTIONAL Re: [93-1] motion for production of documents (femp) (this document is included in the above Notice of Motion entry, doc. #93) (Entered: 09/14/1998)	RECAP
94	Sept. 14, 1998	CERTIFICATION of GERALD D. SIEGEL on behalf of IRVING BROWN Re: [94-1] motion for leave to file answer out of time, [94-2] motion to vacate any default entered (femp) Modified on 09/16/1998 This certification is included in the above Notice of motion, doc.#94) (Entered: 09/16/1998)	RECAP
95	Sept. 14, 1998	ORDER granting [94-1] motion for leave to file answer out of time w/in 20 days of the date hereof granting [94-2] motion to vacate any default entered; etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/16/1998)	RECAP

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Case Details

State / Territory:

New Jersey

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 16, 1997

Closing Date: Aug. 9, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual undocumented aliens detained at an INS facility in Elizabeth, NJ, from 08/94 through 06/95, who opted out of the Brown v. Esmor Correctional Services Inc. class action.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Immigration and Natural Service

Private Entity/Person

Esmor Correctional Services Incorporated

Case Details

Causes of Action:

42 U.S.C. § 1983

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Ex Parte Young (Federal) or Bivens

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Slavery/Involuntary servitude

Other Dockets:

District of New Jersey 2:97-cv-03093

U.S. Court of Appeals for the Third Circuit 08-02500

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 100,001 in judgment; >137

Issues

General/Misc.:

Conditions of confinement

Immigration/Border:

Constitutional rights

Convention against Torture

Detention - conditions

Recommended Citation

Case Summary of Jama v. United States Immigration and Natural Service, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10539/ (last updated 11/12/2014).

Case: Jama v. United States Immigration and Natural Service

2:97-cv-03093 | U.S. District Court for the District of New Jersey

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Case Details