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Case Name U.S. v. State of New Jersey PN-NJ-0002
Docket / Court 3:99-cv-05970-MLC ( D.N.J. )
State/Territory New Jersey
Case Type(s) Policing
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On December 12, 1999, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit against the State of New Jersey and its Division of State Police under 42 U.S.C. § 14141 in the U.S. District Court for the District of New Jersey. The DOJ alleged that the defendants engaged ... read more >
On December 12, 1999, the Civil Rights Division of the U.S. Department of Justice (DOJ) filed this lawsuit against the State of New Jersey and its Division of State Police under 42 U.S.C. § 14141 in the U.S. District Court for the District of New Jersey. The DOJ alleged that the defendants engaged in an unconstitutional pattern or practice of performing vehicle stops and searches of African American motorists traveling on New Jersey roadways, including the New Jersey Turnpike.

Simultaneously with the filing of the government's complaint, the parties filed a joint application for the entry of the consent decree. The terms of the consent decree included:
  • A prohibition of racial profiling and racial discrimination of any kind by state troopers;
  • Documentation of various information (including race) for every traffic stop
  • New policies and procedures for receiving, investigating, and resolving citizen complaints;
  • Public reporting on a semiannual basis by the State Police about its law enforcement activities;
  • Creation of an Office of State Police Affairs by the Attorney General of New Jersey to assist in the implementation of the consent decree; and
  • Establishment of an independent monitor to oversee the implementation of the consent decree.

  • In accordance with this consent decree, the parties selected Dr. James D. Ginger and Alberto Rivas, Esq. to act as the Independent Monitoring Team. The team was charged with oversight of the implementation of the provisions of the consent decree and with providing quarterly reports to the court.

    On October 6, 2000, the office of the Independent Monitor began providing status reports to the District Court. Similarly, the State Police began providing the District Court with progress reports and semiannual public status reports on October 27, 2000.

    On April 6, 2004, the District Court granted the parties' joint motion to dissolve certain portions of the 1999 consent decree which related to changes in the investigation and resolution of citizen complaints.

    On June 5, 2007, three individual members of the State Police moved to intervene in this action; they had filed lawsuits in state court alleging claims of employment discrimination, retaliation, and hostile work environment against the State of New Jersey, the State Police, and requested a federal judgment declaring that certain State Police documents regarding the consent decree, which were obtained from an anonymous source, should not be considered confidential. On December 6, 2007, U.S. District Judge Mary L. Cooper issued an order to show cause as to why this motion should not be denied, since both the discrimination and disclosure issues were then being addressed in a New Jersey state court proceeding. As of March 19, 2008, the individuals had failed to respond to the order to show cause, and thus Judge Cooper deemed their motion to intervene withdrawn.

    On August 27, 2009, the parties jointly moved for the termination of the consent decree. According to the parties, beginning with the tenth status report (for the period ending March 31, 2004) through the most recent report (for the period ending December 31, 2007), the monitors found that the defendants were in substantial compliance with the consent decree. On September 21, 2009, after considering the joint motion and its supporting documents, issued an order terminating the consent decree, closing this case.

    Dan Dalton - 01/11/2007
    John He - 01/31/2016


    compress summary

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    Issues and Causes of Action
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    Issues
    Content of Injunction
    Develop anti-discrimination policy
    Discrimination Prohibition
    Implement complaint/dispute resolution process
    Monitor/Master
    Monitoring
    Provide antidiscrimination training
    Recordkeeping
    Reporting
    Training
    Defendant-type
    Jurisdiction-wide
    Law-enforcement
    Discrimination-basis
    Race discrimination
    General
    Disparate Treatment
    Failure to discipline
    Failure to supervise
    Failure to train
    Inadequate citizen complaint investigations and procedures
    Incident/accident reporting & investigations
    Pattern or Practice
    Racial profiling
    Search policies
    Staff (number, training, qualifications, wages)
    Transportation
    Plaintiff Type
    U.S. Dept of Justice plaintiff
    Race
    Black
    Causes of Action 42 U.S.C. § 14141
    Defendant(s) New Jersey State Police
    Plaintiff Description U.S. Department of Justice, Civil Rights Division
    Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
    Class action status sought No
    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 1999 - 2009
    Case Closing Year 2009
    Case Ongoing No
    Case Listing PN-NJ-0001 : Gloucester County (New Jersey Turnpike) Police Stop Cases (State Court)
    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)
    3:99-cv-05970-MLC (D.N.J.) 09/21/2009
    PN-NJ-0002-9000.pdf | Detail
    PACER [Public Access to Court Electronic Records]
    General Documents
    Complaint 12/22/1999
    PN-NJ-0002-0002.pdf | Detail
    New Jersey Settles Allegations of Discrimination by State Police Under Justice Department Agreement 12/22/1999
    PN-NJ-0002-0013.pdf | Detail
    Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
    Joint Application for Entry of Consent Decree 12/30/1999
    PN-NJ-0002-0001.pdf | Detail
    The New Jersey Senate Judiciary Committee's Investigation of Racial Profiling and the New Jersey State Police: Overview and Recommendations 03/13/2001
    PN-NJ-0002-0004.pdf | Detail
    In re: Senate Judicial Committee Investigation Hearings (Transcript of Proceedings) 04/10/2001
    PN-NJ-0002-0006.pdf | Detail
    Ninth Monitor's Report [Long Term Compliance Audit] 01/23/2004
    PN-NJ-0002-0014.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Joint Order of Dissolution 04/04/2004
    PN-NJ-0002-0005.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Tenth Monitor's Report [Long Term Compliance Audit] 07/16/2004
    PN-NJ-0002-0015.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Eleventh Monitor's Report [Long Term Compliance Audit] 12/20/2004
    PN-NJ-0002-0016.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Twelfth Monitor's Report [Long Term Compliance Audit] 07/12/2005
    PN-NJ-0002-0017.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Thirteenth Monitor's Report [Long Term Compliance Audit] 12/21/2005
    PN-NJ-0002-0018.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Post-Consent Decree Oversight of the New Jersey State Police - Expert Opinion 06/19/2006
    PN-NJ-0002-0003.pdf | Detail
    Fourteenth Monitor's Report [Long Term Compliance Audit] 11/27/2006
    PN-NJ-0002-0019.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Fifteenth Monitor's Report [Long Term Compliance Audit] 01/17/2007
    PN-NJ-0002-0020.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Sixteenth Monitor's Report [Long Term Compliance Audit] 08/31/2007
    PN-NJ-0002-0021.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Order & Order to Show Cause 12/06/2007 (D.N.J.)
    PN-NJ-0002-0007.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Order 12/12/2007 (D.N.J.)
    PN-NJ-0002-0008.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Order 03/19/2008 (D.N.J.)
    PN-NJ-0002-0009.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Seventeenth Monitor's Report [Long Term Compliance Audit] 04/16/2009
    PN-NJ-0002-0022.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Joint Notice of Motion for Termination of Consent Decree 08/27/2009
    PN-NJ-0002-0010.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Affidavit in Support of the Joint Motion for Termination of the Consent Decree 08/28/2009
    PN-NJ-0002-0011.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Order on Joint Motion Terminating Consent Decree 09/21/2009 (D.N.J.)
    PN-NJ-0002-0012.pdf | Detail
    Document Source: PACER [Public Access to Court Electronic Records]
    Judges Cooper, Mary Little (D.N.J.)
    PN-NJ-0002-0001 | PN-NJ-0002-0005 | PN-NJ-0002-0007 | PN-NJ-0002-0009 | PN-NJ-0002-0012 | PN-NJ-0002-9000
    Hughes, John J. (D.N.J.) [Magistrate]
    PN-NJ-0002-0008 | PN-NJ-0002-9000
    Monitors/Masters None on record
    Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
    PN-NJ-0002-0005
    Brown Cutlar, Shanetta Y. (District of Columbia)
    PN-NJ-0002-0005 | PN-NJ-0002-0010
    Cassell, Susan C. (New Jersey)
    PN-NJ-0002-0001 | PN-NJ-0002-0002
    Cleary, Robert J. (New Jersey)
    PN-NJ-0002-0001 | PN-NJ-0002-0002
    Dean, Kerry Krentler (District of Columbia)
    PN-NJ-0002-0010 | PN-NJ-0002-9000
    Eichner, James (District of Columbia)
    PN-NJ-0002-0005
    Evans, Kelli M. (District of Columbia)
    PN-NJ-0002-0001 | PN-NJ-0002-0002 | PN-NJ-0002-9000
    Gibbons, Daniel J. (New Jersey)
    PN-NJ-0002-9000
    King, Loretta (District of Columbia)
    PN-NJ-0002-0010
    Lee, Bill Lann (District of Columbia)
    PN-NJ-0002-0001 | PN-NJ-0002-0002
    Posner, Mark A. (District of Columbia)
    PN-NJ-0002-0001 | PN-NJ-0002-0002 | PN-NJ-0002-9000
    Reno, Janet (District of Columbia)
    PN-NJ-0002-0001 | PN-NJ-0002-0002
    Rosenbaum, Steven H. (District of Columbia)
    PN-NJ-0002-0001
    Schlozman, Bradley (District of Columbia)
    PN-NJ-0002-0005
    Weiss, Daniel H. (District of Columbia)
    PN-NJ-0002-0010
    Defendant's Lawyers Farmer, John J. Jr. (New Jersey)
    PN-NJ-0002-0001
    Flanagan, Brian G. (New Jersey)
    PN-NJ-0002-9000
    Giaquinto, Daniel G. (New Jersey)
    PN-NJ-0002-0005 | PN-NJ-0002-9000
    Harvey, Peter C. (New Jersey)
    PN-NJ-0002-0005
    Milgram, Anne (New York)
    PN-NJ-0002-0010
    Spellmeyer, Gregory A. (New Jersey)
    PN-NJ-0002-0010 | PN-NJ-0002-9000
    Other Lawyers None on record

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