Case: Hairston v. Fauver

2:90-cv-01850 | U.S. District Court for the District of New Jersey

Filed Date: May 5, 1990

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On May 5, 1990, inmates filed suit in the U.S. District Court, District of New Jersey, under 42 U.S.C. § 1983, against New Jersey corrections officials. At least one of the issues the plaintiffs raised was the instillation of double bunks in single cells. On August 31, 1990, plaintiffs moved to have a permanent injunction issued and to be certified as a class. The case was reassigned to Judge William Bassler and on November 4, 1994, was dismissed as settled. On November 28, 1994, the class w…

On May 5, 1990, inmates filed suit in the U.S. District Court, District of New Jersey, under 42 U.S.C. § 1983, against New Jersey corrections officials. At least one of the issues the plaintiffs raised was the instillation of double bunks in single cells. On August 31, 1990, plaintiffs moved to have a permanent injunction issued and to be certified as a class. The case was reassigned to Judge William Bassler and on November 4, 1994, was dismissed as settled. On November 28, 1994, the class was certified by Judge Bassler. An inmate filed an objection to the proposed settlement in June 29, 1995. On December 6, 1995 Judge Bassler approved the proposed settlement agreement.

The settlement applied only to Northern State Prison, and was limited to two years. The settlement required that medical records be kept for every prisoner and that any visit with medical staff, including trips outside the prison, be kept according to New Jersey's set regulations. Complete files were also to be kept on all clinical heath workers. The prison was to offer continuing medical education and reference books for its staff. The prison was also to perform thorough medical reviews of inmates within two weeks of arrival and to test for tuberculosis annually. The settlement also required the prison to maintain all their medical machines, a pharmacy, and a therapeutic quality assurance committee. All prisoners were to see a dentist within one month of request, unless it was an emergency, in which case the inmate was to be seen within 24 hours. An obstetrician and gynecologist were to be available for female inmates at least one time per week. Inmates were also to receive a mental health assessment within two weeks of arrival. The plaintiffs counsel was permitted to inspect the medical facilities once per year and was to receive copies of sick call requests and determinations on a quarterly basis. The settlement order terminated two years from execution because the court did not find that the defendants were not in substantial compliance with the terms of the agreement.

Summary Authors

Jaclyn Adams (2/13/2006)

People


Judge(s)

Bassler, William G. (New Jersey)

Attorney for Plaintiff

Jacobi, John V. (New Jersey)

Attorney for Defendant

Bollheimer, Ronald L. (New Jersey)

Brown, Catherine M. (New Jersey)

Expert/Monitor/Master/Other

Freamon, Bernard K. (New Jersey)

Documents in the Clearinghouse

Documents in this case

2:90-cv-01850

Docket (PACER)

Dec. 6, 1995

Dec. 6, 1995

Docket

2:90-cv-01850

Settlement Agreement

Nov. 10, 1994

Nov. 10, 1994

Settlement Agreement

Docket

Last updated March 23, 2025, 9:23 a.m.

ECF Number Date Description Link
1 May 11, 1990

COMPLAINT W/JURY DEMAND filed; (femp) (Entered: 05/16/1990)

PACER
2 May 11, 1990

NOTICE of Allocation and Assignment filed. Magistrate G. DONALD HANEKE (femp) (Entered: 05/16/1990)

PACER
3 May 11, 1990

ORDER, granting to proceed in forma pauperis filed ( signed by Judge Alfred M. Wolin ) (femp) Modified on 05/16/1990 (Entered: 05/16/1990)

PACER
4 May 11, 1990

Notice of MOTION for order to show cause, by EUGENE P. HAIRSTON, GREGORY PERRY, WALTER TILLERY, NAIM SHABAZZ, DANIEL PILUSO, TARIQ WATSON ret'ble date to be set (brief sub) Cert of Serv., Motion hearing filed. (femp) Modified on 05/17/1990 (Entered: 05/16/1990)

PACER
6 June 5, 1990

Letter of pltf. addressing Judge Wolin's letter of 5-24-90 with verified certifications of Eugene P. Hairston, Walter Tillery, Gregory Perry and Daniel Piluso. (femp) (Entered: 06/13/1990)

PACER
5 June 6, 1990

ORDER TO SHOW CAUSE: directing dfts., Fauver, Hilton, Rafferty & Stephen to appear & show why an order should not be entered directing dfts. not to continue to install double bunks in the single cells at Northern State Prison etc. Show Cause Hearing set for 6/25/90 ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 06/07/1990)

PACER
8 June 20, 1990

ORDER, vacating [5-1] order to Show Cause , terminated deadlines , to show cause , reset show cause hearing for 2:00 7/9/90 ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 06/20/1990)

PACER
June 20, 1990

SUMMONS(ES) issued for WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY, ROBERT E. STEPHENS (20) days (USM BOX) (femp) (Entered: 06/20/1990)

PACER
9 July 2, 1990

Notice of CROSS MOTION by ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY for summary judgment , Motion hearing set for 7/9/90 on [9-1] cross motion proof of serv. (brief sub.) (pv) (Entered: 07/10/1990)

PACER
10 July 10, 1990

CERTIFICATE OF SERVICE by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON of letter brief in opposition etc. (pv) (Entered: 07/12/1990)

PACER
11 July 10, 1990

AFFIDAVIT by ROBERT E. STEPHENS w/cert. of svc. (cs) (Entered: 07/19/1990)

PACER
12 July 13, 1990

NOTICE of attorney appearance for pltfs., TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON by BERNARD K. FREAMON,ESQ. (cs) (Entered: 07/19/1990)

PACER
13 July 16, 1990

ORDER denying [7-1] motion for appointment of counsel and proof of svc. (Brief sub. ( signed by Judge Alfred M. Wolin ) (cs) (Entered: 07/20/1990)

PACER
14 July 25, 1990

RETURN OF SERVICE executed as to WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY 6/22/90 Answer due on 7/12/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER (cs) (Entered: 07/25/1990)

PACER
15 July 25, 1990

Return of service unexecuted as to ROBERT E. STEPHENS (cs) (Entered: 07/25/1990)

PACER
16 July 25, 1990

RETURN OF SERVICE executed as to dft., ROBERT E. STEPHENS 6/22/90 Answer due on 7/12/90 for ROBERT E. STEPHENS (cs) (Entered: 07/26/1990)

PACER
17 Aug. 31, 1990

Notice of MOTION by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON for preliminary injunction , to certify class action , for Thomas Rodgers to intervene as party pltf. Motion hearing set for 9/24/90 on [17-1] motion, set for 9/24/90 on [17-2] motion, set for 9/24/90 on [17-3] motion cert of svc. (Brief sub) . (cs) (Entered: 09/07/1990)

PACER
18 Aug. 31, 1990

AFFIDAVIT by THOMAS RODGERS Re: [17-1] motion for preliminary injunction, [17-2] motion to certify class action, [17-3] motion to intervene as party pltf. (cs) (Entered: 09/07/1990)

PACER
19 Aug. 31, 1990

CERTIFICATION by EUGENE P. HAIRSTON Re: [17-1] motion for preliminary injunction, [17-2] motion to certify class action, [17-3] motion to intervene as party pltf. (cs) (Entered: 09/07/1990)

PACER
20 Aug. 31, 1990

CERTIFICATION OF BERNARD K. FREAMON, COUNSEL FOR PLTFS. (cs) (Entered: 09/07/1990)

PACER
21 Aug. 31, 1990

AMENDED COMPLAINT by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON, THOMAS RODGERS , (Answer due 9/10/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS ) amending [1-1] complaint (cs) (Entered: 09/10/1990)

PACER
22 Sept. 11, 1990

RETURN OF SERVICE executed as to dfts., ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY 6/22/90 Answer due on 7/12/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS (cs) (Entered: 09/17/1990)

PACER
23 Sept. 24, 1990

AFFIDAVIT by GARY HILTON. (cs) (Entered: 09/26/1990)

PACER
24 Sept. 24, 1990

AFFIDAVIT of JOHN FORKER. (cs) (Entered: 09/26/1990)

PACER
25 Sept. 24, 1990

AFFIDAVIT of STANLEY REPKO. (cs) (Entered: 09/26/1990)

PACER
26 Oct. 2, 1990

AFFIDAVIT of Albert Pinkney (ac) (Entered: 10/03/1990)

PACER
27 Oct. 9, 1990

Minute entry: Proceedings recorded by Ct-Reporter: Charles McGuire; (Wolin) Minutes of: 10/9/90; The following actions were taken, denying [17-1] motion for preliminary injunction granting [17-2] motion to certify class action granting [17-3] motion to intervene as party pltf. (cs) (Entered: 10/10/1990)

PACER
28 Oct. 10, 1990

ORDER granting [17-3] motion for Thomas Rodgers to intervene as party pltf.and directing defts to file an ans to 2nd amended complt. etc. ( signed by Judge Alfred M. Wolin ) N/M (ac) (Entered: 10/17/1990)

PACER
29 Oct. 19, 1990

SECOND AMENDED COMPLAINT by TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON, THOMAS RODGERS, THOMAS RODGERS , (Answer due 10/29/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS ) amending [1-1] complaint w/proof of mailing attached (no summonses p/atty) (ac) (Entered: 10/23/1990)

PACER
30 Nov. 1, 1990

NOTICE of attorney appearance for pltfs., THOMAS RODGERS, THOMAS RODGERS, TARIQ WATSON, DANIEL PILUSO, NAIM SHABAZZ, WALTER TILLERY, GREGORY PERRY, EUGENE P. HAIRSTON by LAWRENCE S LUSTBERG (ac) (Entered: 11/07/1990)

PACER
31 Nov. 7, 1990

APPLICATION by ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY and Clerk's Order extending time to answer. Answer due 11/19/90 for JOHN J. RAFFERTY, for GARY HILTON, for WILLIAM H. FAUVER, for ROBERT E. STEPHENS (ac) Modified on 11/07/1990 (Entered: 11/07/1990)

PACER
32 Nov. 19, 1990

ANSWER to Complaint by defts ROBERT E. STEPHENS, WILLIAM H. FAUVER, GARY HILTON, JOHN J. RAFFERTY; jury demand (ac) (Entered: 11/21/1990)

PACER
33 Nov. 30, 1990

SCHEDULING LETTER ORDER advising parties that matter will be pretried on submissions; directing all pretrial memoranda to be submitted by 3/1/91 and for pltfs. to advise the Court in writing if any changes in addresses etc. ( signed by Magistrate G. D. Haneke ) n/m (cs) Modified on 04/08/1991 (Entered: 12/03/1990)

PACER
34 April 8, 1991

NOTICE of by pltf., EUGENE P. HAIRSTON of change of address. (cs) (Entered: 04/08/1991)

PACER
35 May 24, 1991

SCHEDULING ORDER setting Discovery cutoff 11/15/91 ; Status conference 11/27/91 ; ( signed by Magistrate G. D. Haneke )N/M (ac) (Entered: 05/28/1991)

PACER
36 Sept. 12, 1991

NOTICE of change of address by pltf EUGENE P. HAIRSTON (ac) (Entered: 09/16/1991)

PACER
Nov. 1, 1991

clerk's note: deft motion for s/j fld. 7-10-90 was w/drawn by consent per brief submitted on 9-10-90 (gh) (Entered: 11/01/1991)

PACER
37 Dec. 3, 1993

ORDER of Re-Assignment from Judge Alfred M. Wolin to Judge Alfred J. Lechner, Jr. ( signed by Chief Judge John F. Gerry ) (DD) (Entered: 12/07/1993)

PACER
Dec. 3, 1993

CASE reassigned to Judge Alfred J. Lechner, Jr. (DD) (Entered: 12/07/1993)

PACER
38 June 13, 1994

ORDER, set status conference for 9:00 10/14/94 ( signed by Magistrate Dennis M. Cavanaugh ) (NM) (jb) (Entered: 06/14/1994)

PACER
39 June 24, 1994

ORDER re-assigning action from the Hon. Alfred J. Lechner, Jr. to Hon. William G. Bassler ( signed by Chief Judge John F. Gerry ) (NM) (jb) (Entered: 06/27/1994)

PACER
40 Nov. 4, 1994

ORDER, dismissing as settled ( signed by Judge William G. Bassler ) (ej) (Entered: 11/10/1994)

PACER
Nov. 10, 1994

Case closed (ej) (Entered: 11/10/1994)

PACER
41 Nov. 28, 1994

ORDER, certifying class action & directing notice of proposed settlement att/thereto ( signed by Judge William G. Bassler ) (pv) (Entered: 12/01/1994)

PACER
43 May 23, 1995

ORDER, reset settlement conference for 10:00 6/8/95 ( signed by Judge William G. Bassler ) (femp) (Entered: 05/25/1995)

PACER
44 June 29, 1995

Notice of MOTION to file an objection to the proposed settlement concerning the health services provided to prisoners in Northern State Prison by TONY BARNES, Motion hearing set for 7/24/95 on [44-1] motion . (SILB Subm)/certification of service. (femp) (Entered: 07/05/1995)

PACER
45 June 29, 1995

CERTIFICATION of TONY BARNES Re: [44-1] motion to file an objection to the proposed settlement concerning the health services provided to prisoners in Northern State Prison (femp) (Entered: 07/05/1995)

PACER
46 July 20, 1995

ORDER (letter from JOHN JACOBI to Judge BASSLER) Re: Judge Bassler's instructions regarding the process for reviewing objections on the proposed settlement. ( signed by Judge William G. Bassler ) (femp) (Entered: 07/21/1995)

PACER
47 Sept. 28, 1995

Minute entry: Proceedings recorded by Ct-Reporter: W. PERELLI; Minutes of: 09/28/95; The following actions were taken, Fairness hrg. conducted to approve settlement. Decision reserved. Opinion & Order approving settlement to be filed. By Judge William G. Bassler (femp) (Entered: 10/06/1995)

PACER
48 Dec. 6, 1995

OPINION ( signed by Judge William G. Bassler ) (femp) (Entered: 12/07/1995)

PACER
49 Dec. 6, 1995

ORDER approving proposed Settlement Agreement of all parties filed 11/28/94. (signed by Judge William G. Bassler ) (femp) (Entered: 12/07/1995)

PACER

Case Details

State / Territory:

New Jersey

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: May 5, 1990

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of New Jersey

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Northern State Prison

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of New Jersey 2:90-cv-01850

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 1997

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Suicide prevention (facilities)

Recommended Citation