University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gloucester County (New Jersey Turnpike) Police Stop Cases PN-NJ-0001
Docket / Court MER-L-002687-96 ( State Court )
State/Territory New Jersey
Case Type(s) Policing
Attorney Organization NAACP Legal Defense Fund
Case Summary
In 1996, the NAACP and several individuals filed a class action lawsuit in New Jersey state court against the New Jersey State Police alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., as amended and state law. The ... read more >
In 1996, the NAACP and several individuals filed a class action lawsuit in New Jersey state court against the New Jersey State Police alleging unlawful employment practices in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., as amended and state law. The gravamen (essence) of plaintiffs' complaint as amended was that African-Americans and Hispanics applicants for employment to the New Jersey State Police were subjected to discrimination in the recruitment, application, and hiring practices. Such discrimination included a requirement that applicants possess a college education and the use of an entry-level written examination known as the Law Enforcement Candidate Record (LECR). Plaintiffs maintained that those requirements caused a disparate impact on the African-American and Hispanic class members.

Shortly after filing the complaint, plaintiffs filed a motion for admission pro hac vice of attorneys David L. Rose and Joshua N. Rose. The State Police opposed the motion on the ground that there was an appearance of impropriety with respect to David Rose's involvement because he may have gained knowledge concerning the LECR during his prior employment as Chief of the Employment Litigation Section of the United States Department of Justice. The Trial Court denied the motion for admission. Plaintiffs filed a second motion for admission and proposed that Richard T. Seymour would represent plaintiffs in the attack on the LECR and that David Rose and Joshua Rose would handle the remaining claims. The Trial Court admitted Mr. Seymour, but again denied admission to attorneys David Rose and Joshua Rose. Plaintiffs appealed.

The Appellate Court reversed, holding that David Rose's involvement with the LECR ten or more years earlier did not warrant denial of admission pro hac vice. N.A.A.C.P. v. State, Dept of Law, 711 A.2d 1355 (N.J.Super.A.D. 1998).

Thereafter, the parties arrived at a settlement of the action and Judge Neil H. Shuster entered a consent order resolving class and individual claims in March 2000. The consent order called for the State Police to implement reforms in its employment practices. The reforms included the elimination of the college education requirement for at least three years, depending upon its compliance with targeted recruitment ratios; replacing it with the requirement that applicants have either (1) a four-year college degree or (2) an Associate's degree - or the successful (i.e. "C" average) completion of sixty college credit hours - plus at least two years of experience. The State Police also agreed to change its examination procedure and select an alternative examination that had the least adverse impact against African-Americans or against Hispanics candidates.

Dan Dalton - 12/29/2006


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
General
Racial profiling
Plaintiff Type
Private Plaintiff
Causes of Action Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
State law
Defendant(s) New Jersey State Police
New Jersey State Police
Plaintiff Description NAACP alleging unlawful employment discrimination
Indexed Lawyer Organizations NAACP Legal Defense Fund
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Case Listing PN-NJ-0002 : U.S. v. State of New Jersey (D.N.J.)
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Revised Statistical Analysis of the Incidence of Police Stops and Arrests of Black Drivers/Travelers on the New Jersey Turnpike Between Exists or Interchanges 1 and 3 from the Years 1988 through 1991 11/11/1994
PN-NJ-0001-0001 PDF | Detail
Opinion 06/22/1998 (711 A.2d 1355)
PN-NJ-0001-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Order Resolving Class and Individual Claims 02/01/2000
PN-NJ-0001-0003 PDF | Detail
News Release - New Jersey Settles NAACP Lawsuit 03/01/2000
PN-NJ-0001-0002 PDF | Detail
Judges Cuff, Mary Catherine (State Trial Court)
PN-NJ-0001-0004
Kestin, Howard H. (State Appellate Court)
PN-NJ-0001-0004
King, Michael Patrick (State Appellate Court)
PN-NJ-0001-0004
Shuster, Neil H. (State Trial Court)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Monitors/Masters None on record
Plaintiff's Lawyers Borgen, Lori Outzs (District of Columbia)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Gear, Bruce (Maryland)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Hayes, Dennis Courtland (Maryland)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Lustberg, Lawrence S. (New Jersey)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Rose, David L. (District of Columbia)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Rose, Joshua N. (District of Columbia)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Seymour, Richard Talbot (New York)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Steinhagen, Renee (New Jersey)
PN-NJ-0001-0001 | PN-NJ-0001-0003 | PN-NJ-0001-0004
Defendant's Lawyers Farmer, John J. Jr. (New Jersey)
PN-NJ-0001-0001 | PN-NJ-0001-0003
Fields, Sally Ann (New Jersey)
PN-NJ-0001-0004
Other Lawyers None on record

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