Case: Jones v. Morris County Correctional Facility

2:06-cv-02461 | U.S. District Court for the District of New Jersey

Filed Date: May 23, 2006

Closed Date: June 8, 2007

Clearinghouse coding complete

Case Summary

On May 23 2006, a state pretrial detainee of the Morris County Correctional Facility, filed, pro se, a complaint under 42 U.S.C. § 1983, seeking injunctive relief and damages for violations of his Fourth, Fifth, Sixth, and Eighth Amendment rights in the United States District Court for the District of New Jersey. Specifically, the plaintiff claimed that jail officials had subjected him to mandatory strip searches, denied him access to legal phone calls and interfered with his mail, and committe…

On May 23 2006, a state pretrial detainee of the Morris County Correctional Facility, filed, pro se, a complaint under 42 U.S.C. § 1983, seeking injunctive relief and damages for violations of his Fourth, Fifth, Sixth, and Eighth Amendment rights in the United States District Court for the District of New Jersey. Specifically, the plaintiff claimed that jail officials had subjected him to mandatory strip searches, denied him access to legal phone calls and interfered with his mail, and committed sanitary violations relating to footwear and mattresses.

The plaintiff was a pretrial detainee. He alleged that he was subject to daily, mandatory strip searches from August 30 to September 8th, 2005, from March 14 to March 17, 2006, and from March 20 to March 25, 2006. Plaintiff claimed the sole purpose of these searches was to humiliate him.

On August 26, 2006, the Court (Judge Dennis Cavanaugh) dismissed several of the claims sua sponte as required by the Prison Litigation Reform Act (PLRA). The Court allowed the strip search and interference with legal mail claims to proceed.

On June 8, 2007, Judge Cavanaugh, after converting the Defendants' motion to dismiss to a motion for summary judgment, granted summary judgment in favor of the defendants, and the case was closed.

Summary Authors

Blase Kearney (4/30/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5714939/parties/jones-v-morris-county-correctional-facility/


Judge(s)

Cavanaugh, Dennis M. (New Jersey)

Falk, Mark (New Jersey)

Attorney for Defendant

McMahon, Edward R. (New Jersey)

O'Connor, Kevin J. (New Jersey)

Judge(s)

Cavanaugh, Dennis M. (New Jersey)

Falk, Mark (New Jersey)

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Documents in the Clearinghouse

Document

2:06-cv-02461

Docket (PACER)

June 8, 2007

June 8, 2007

Docket
1

2:06-cv-02461

Complaint

Jones, et al. v. Morris County Correctional Facility, et al.

May 23, 2006

May 23, 2006

Complaint
2

2:06-cv-02461

Opinion [Denying Motion to Waive Filing Fee]

Richardson, et al. v. Morris County Correctional Facility, et al.

June 5, 2006

June 5, 2006

Order/Opinion

2006 WL 2006

5

2:06-cv-02461

[First Amended] Complaint

Jones v. Morris County Correctional Facility, et al.

June 23, 2006

June 23, 2006

Complaint
7

2:06-cv-02461

Order [Dismissing Some Claims]

Jones v. Morris County Correctional Facility, et al.

Aug. 29, 2006

Aug. 29, 2006

Order/Opinion

2006 WL 2006

14

2:06-cv-02461

Opinion [Converting Motion to Dismiss to Motion for S/J]

Jones v. Morris County Correctional Facility, et al.

April 13, 2007

April 13, 2007

Order/Opinion

2007 WL 2007

18

2:06-cv-02461

Order [re: Summary Judgment]

Jones v. Morris County Correctional Facility, et al.

June 8, 2007

June 8, 2007

Order/Opinion

2007 WL 2007

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5714939/jones-v-morris-county-correctional-facility/

Last updated April 11, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

Complaint Received. (lm2, ) Additional attachment(s) added on 6/2/2006 (lm2, ). (Entered: 05/31/2006)

May 23, 2006

May 23, 2006

2

OPINION . Signed by Judge Dennis M. Cavanaugh on 5/31/06. (ji, )

June 5, 2006

June 5, 2006

RECAP
3

ORDER that Clerk open a case for Terique Jones; ORDER that Clerk enter the Opinion and Order from 06-2340 on this docket; ORDER that Plaintiff file an Amended Complaint and either pay the $250 filing fee or submit a completed and signed IFP application sent when this Order was entered on the docket in 06-2340. Signed by Judge Dennis M. Cavanaugh on 5/31/06. (ji, ) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

5

AMENDED COMPLAINT , filed by TERIQUE JONES.(sr, ) (Entered: 06/26/2006)

June 23, 2006

June 23, 2006

6

OPINION . Signed by Judge Dennis M. Cavanaugh on 8/28/06. (ji, )

Aug. 29, 2006

Aug. 29, 2006

RECAP
7

ORDER granting IFP, assessing a filing fee of $350 to be deducted from prisoner's account in the manner set forth in this Order, and directing the Clerk to file the Complaint and issue summons to be served with Plaintiff's complaint and this Order upon Defendants by the U.S. Marshal; ORDER that Clerk serve a copy of this Order upon the Attorney General of NJ and the Warden of Morris County Correctional Facility; ORDER that Complaint is DISMISSED WITH PREJUDICE against defendant Morris County Correctional Facility in its entirety and against plaintiff's claims alleging denial of telephone access for legal calls and unconsitutional conditions of confinement; ORDER that Plaintiff's claims alleging unconstitutional strip searched and interference with his legal mail SHALL PROCEED; ORDER that all remaining defendants shall file and serve a responsive pleading in accordance with Fed.R.Civ.P.12; ORDER that Clerk shall notify Plaintiff of the opportunity to apply in writing for pro bono counsel and shall enclose with such notice a copy of Appendix H and a form application for such appointment; ORDER that if Plaintiff seeks such appointment, he shall notify defendants and file a certificate of service with his application. Signed by Judge Dennis M. Cavanaugh on 8/28/06. (ji, ) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

8

Summons Issued as to EDWARD V. ROCHFORD, RALPH MCGRANE, FRANK CORRENTE.Days Due - 20 (Placed in U.S. Marshal's Box). (ji, ) (Entered: 08/29/2006)

Aug. 29, 2006

Aug. 29, 2006

9

Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Sheriff Edward V. Rochford, Chief Ralph McGrane and Warden Frank Corrente. Attorney KEVIN J. O'CONNOR and KEVIN J. O'CONNOR for EDWARD V. ROCHFORD and RALPH MCGRANE, EDWARD R. MCMAHON and KEVIN J. O'CONNOR for EDWARD V. ROCHFORD and RALPH MCGRANE added. (O'CONNOR, KEVIN) (Entered: 09/28/2006)

Sept. 28, 2006

Sept. 28, 2006

10

SUMMONS Returned Executed RALPH MCGRANE served on 9/28/2006, answer due 10/18/2006; FRANK CORRENTE served on 9/28/2006, answer due 10/18/2006, EDWARD ROCKFROD on 9/28/06, answer due 10/18/06. (sr, ) (Entered: 10/05/2006)

Oct. 4, 2006

Oct. 4, 2006

11

MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted by EDWARD V. ROCHFORD, RALPH MCGRANE, FRANK CORRENTE. Responses due by 10/27/2006 (Attachments: # 1 Civil Cover Sheet cover letter# 2 Brief brief# 3 Text of Proposed Order order# 4 Certification cert)(SICA, ANTHONY) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

Set Deadline as to 11 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted . Motion Hearing set for 11/13/2006 before Judge Dennis M. Cavanaugh. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, ) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

12

NOTICE of Change of Address by TERIQUE JONES (sr, ) (Entered: 11/08/2006)

Nov. 6, 2006

Nov. 6, 2006

13

CERTIFICATE of Counsel Edward R McMahon by ANTHONY R. SICA on behalf of EDWARD V. ROCHFORD, RALPH MCGRANE, FRANK CORRENTE (SICA, ANTHONY) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

14

OPINION fld.. Signed by Judge Dennis M. Cavanaugh on 4/13/07. (sr, )

April 13, 2007

April 13, 2007

RECAP
15

ORDER converting 11 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by FRANK CORRENTE, EDWARD V. ROCHFORD, RALPH MCGRANE to a Motion for Summary Judgment, & that pltf shall file & serve, should he so choose, an amended brief together with any other documentation provided for under Rule 56. Signed by Judge Dennis M. Cavanaugh on 4/13/07. (sr, ) (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

16

Letter from Edward McMahon. (MCMAHON, EDWARD) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

18

ORDER granting (converted to Summary Judgment) 11 Motion to Dismiss. Signed by Judge Dennis M. Cavanaugh on 6/8/07. (sr, ) (Entered: 06/11/2007)

June 8, 2007

June 8, 2007

17

OPINION fld.. Signed by Judge Dennis M. Cavanaugh on 6/8/07. (sr, )

June 8, 2007

June 8, 2007

RECAP

Case Details

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 23, 2006

Closing Date: June 8, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainee subjected to daily strip searches without probable cause while confined in pre-hearing detention and disciplinary detention at the Morris County Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Morris County Correctional Facility (Morris), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Mail

Sanitation / living conditions

Search policies

Strip search policy

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Affected Sex or Gender:

Male

Type of Facility:

Government-run