Case: Natale v. Camden County Correctional Facility

1:99-cv-02579 | U.S. District Court for the District of New Jersey

Filed Date: March 9, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 9, 1999, plaintiff, a detainee who was an insulin-dependent diabetic, filed a lawsuit in New Jersey state court under 42 U.S.C. § 1983 and § 1981 against Camden County Correctional Facility(CCCF). Specifically, the plaintiff claimed that the defendants committed malpractice, that decision makers for Prison Health Services established a policy or well-settled custom of ignoring the medical needs of prisoners, and that the defendants violated plaintiff's right to be free from cruel and …

On March 9, 1999, plaintiff, a detainee who was an insulin-dependent diabetic, filed a lawsuit in New Jersey state court under 42 U.S.C. § 1983 and § 1981 against Camden County Correctional Facility(CCCF). Specifically, the plaintiff claimed that the defendants committed malpractice, that decision makers for Prison Health Services established a policy or well-settled custom of ignoring the medical needs of prisoners, and that the defendants violated plaintiff's right to be free from cruel and unusual punishment under the Eighth Amendment to the United States Constitution by denying him adequate medical care by failing to administer insulin during his first twenty-one hours of incarceration.

The case was removed to federal court. On July 26, 2000, the U.S. District Court of the District of New Jersey (Judge Joel A. Pisano) entered summary judgment for CCCF on detainee's § 1983 claim, and dismissed the § 1981 claim. On July 24, 2001, the District Court issued an order dismissing detainee's medical malpractice claim, and on July 30, 2001, the court granted Prison Health Service's motion for summary judgment on § 1983 claim. The detainee appealed. On March 21, 2003, the Court of Appeals reversed and remanded, finding that fact questions precluded summary judgment on the detainee's claim that his right to adequate medical care was violated, and as to whether the actions of private prison health service employees could be attributed to their employer. On August 17, 2004, the case was reopened. On November 4, 2005, the U.S. District Court (Judge Jerome B. Simandle) issued an order dismissing the case because the parties reached a settlement.

Summary Authors

Julie Singer (10/23/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11157633/parties/natale-v-camden-county-corr/


Judge(s)

Ambro, Thomas L. (Delaware)

Simandle, Jerome B. (New Jersey)

Attorney for Plaintiff

Steinberg, Saul J. (New Jersey)

Attorney for Defendant

Garty, Marylou (New Jersey)

Lynch, Kevin W. (New Jersey)

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Documents in the Clearinghouse

Document

1:99-cv-02579

Docket [PACER]

Nov. 4, 2005

Nov. 4, 2005

Docket

01-03449

Opinion [Reversing and Remanding to District Court]

U.S. Court of Appeals for the Third Circuit

Feb. 7, 2003

Feb. 7, 2003

Order/Opinion

318 F.3d 318

64

1:99-cv-02579

Order of Dismissal

Nov. 5, 2005

Nov. 5, 2005

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11157633/natale-v-camden-county-corr/

Last updated Jan. 23, 2024, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by CAMDEN COUNTY CORRECTIONAL FACILITY, COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEPARTMENT. Filed with the following state court proceedings, A]Complaint, etc. FILING FEE $ 150.00 RECEIPT # 247228 (et) (Entered: 06/08/1999)

June 4, 1999

June 4, 1999

1

COMPLAINT filed in Superior Court Camden County on or about April 30, 1999, docket #L−1662−99; jury demand (et) (Entered: 06/08/1999)

June 4, 1999

June 4, 1999

2

NOTICE of Allocation and Assignment filed. Magistrate Judge JOEL B. ROSEN (et) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

3

ORDER, set scheduling conference for 9:30 7/28/99 ( signed by Mag. Judge Joel B. Rosen ) (et) (Entered: 06/08/1999)

June 8, 1999

June 8, 1999

4

ANSWER to complaint and CROSSCLAIM by COUNTY OF CAMDEN, CAMDEN COUNTY CORR., CAMDEN SHERIFF'S DEP against PRISON HEALTH with JURY DEMAND. (lc) (Entered: 07/21/1999)

July 21, 1999

July 21, 1999

Scheduling conference held before Mag. Judge Joel B. Rosen on 7.28.99. (lc) (Entered: 08/02/1999)

July 28, 1999

July 28, 1999

5

SCHEDULING ORDER setting Discovery cutoff 11/30/99 ; Status conference 9:00 11/9/99 ; ( signed by Mag. Judge Joel B. Rosen ) (lc) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

6

SCHEDULING ORDER setting Discovery cutoff 12/31/99 ; Settlement conference 10:30 2/14/00 ; ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 11/10/1999)

Nov. 9, 1999

Nov. 9, 1999

Status conference held before Mag. Judge Joel B. Rosen on 11/9/99. (lc) (Entered: 11/15/1999)

Nov. 9, 1999

Nov. 9, 1999

7

Notice of MOTION for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. by defendants, COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEP, CAMDEN COUNTY CORR. [7−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 12/17/99 on [7−1] motion (lc) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

8

CERTIFICATE OF SERVICE/PROOF OF MAILING re: [7−1] Notice of motion (lc) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

9

CERTIFICATION of M. Lou Garty Re: [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. (lc) (Entered: 11/18/1999)

Nov. 18, 1999

Nov. 18, 1999

10

RESPONSIVE CERTIFICATION of Saul J. Steinberg. (lc) (Entered: 11/30/1999)

Nov. 29, 1999

Nov. 29, 1999

11

ORDER dismissing as moot [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. ( signed by Mag. Judge Joel B. Rosen ) n.m. (lc) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

12

Minute entry: Proceedings recorded by Ct−Reporter: None; Minutes of: 12.3.99; The following actions were taken, dismissing as moot [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. Order to be entered. Terminating [7−2] hearing Motion set for 12/17/99 on [7−1] motion. By Mag. Judge Joel B. Rosen (lc) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

13

ORDER directing plaintiff to provide the parties with the Rule 26 initial disclosures and responses to the discovery request of defendant, Prison Health Services, Inc., on or before Wednesday 12.1.99. ( signed by Mag. Judge Joel B. Rosen ) n.m. (lc) (Entered: 12/10/1999)

Dec. 8, 1999

Dec. 8, 1999

14

SCHEDULING ORDER setting Status conference 11:30 4/18/00 ; ( signed by Mag. Judge Joel B. Rosen ) (er) (Entered: 02/16/2000)

Feb. 15, 2000

Feb. 15, 2000

16

ORDER of reassignment from J. Simandle to J. Pisano. ( signed by Chief Judge Anne E. Thompson ) n.m. (lc) (Entered: 03/01/2000)

Feb. 23, 2000

Feb. 23, 2000

ANSWER by defendant, Prison Health Services Inc. filed in Superior Court, Camden County Law Division. (See file) (lc) (Entered: 03/02/2000)

Feb. 29, 2000

Feb. 29, 2000

18

DISCOVERY ORDER ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 04/19/2000)

April 18, 2000

April 18, 2000

17

SCHEDULING ORDER setting Pretrial conference 2:00 9/25/00 ; Trial with jury 11/6/00 ; Pretrial order to be submitted on or before 9/25/00 ; Dispositive Motion due on or before 8/1/00 ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 04/19/2000)

April 19, 2000

April 19, 2000

19

Notice of MOTION for summary judgment by CAMDEN COUNTY CORR., COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEP, Motion set for 5/19/00 on [19−1] motion . (Brief/PO Subm) (femp) (Entered: 04/25/2000)

April 20, 2000

April 20, 2000

20

Notice of MOTION to extend time for discovery dealines by DANIEL NATALE, KATHLEEN NATALE [20−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 6/2/00 on [20−1] motion . (PO Subm) (ar1) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

21

CERTIFICATION of Saul J. Steinberg, Esquire on behalf of DANIEL NATALE, KATHLEEN NATALE Re: [20−1] motion to extend time for discovery dealines. (ar1) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

22

FINAL SCHEDULING ORDER setting Pretrial conference 9:00 10/6/00 ; Trial with jury 11/13/00 ; Pretrial order to be submitted on or before 10/6/00 ; Settlement conference 2:00 9/25/00 ; Dispositive Motion due on or before 9/8/00 ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 06/01/2000)

May 31, 2000

May 31, 2000

24

ORDER granting [20−1] motion to extend time for discovery deadlines, ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 06/05/2000)

June 2, 2000

June 2, 2000

23

Minute entry: Minutes of: 6/2/00; The following actions were taken, granting [20−1] motion to extend time for discovery dealines By Mag. Judge Joel B. Rosen (femp) (Entered: 06/05/2000)

June 5, 2000

June 5, 2000

25

Minute entry: Proceedings recorded by Ct−Reporter: Carl Nami; Minutes of: 7/26/00; The following actions were taken, granting [19−1] motion for summary judgment By Judge Joel A. Pisano (femp) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

26

ORDER granting [19−1] motion for summary judgment; dismissing pltfs' 42 USC 1981 claiim, with prejudice;; that pltfs. shall amend the complaint within 30 days; that pltfs. shall show cause within 30 days why claims against Prison Health and Joe Doe MD 1−5 defts. shold not be dismissed ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 07/27/2000)

July 26, 2000

July 26, 2000

27

RESPONSE by plaintiffs DANIEL NATALE, KATHLEEN NATALE in opposition to [26−1] order (db) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

28

Notice of Intent to submit a Dispositive motion for summary judgment by PRISON HEALTH (femp) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

29

ORDER granting plaintiffs an additional 30 days to conduct discovery ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 09/14/2000)

Sept. 14, 2000

Sept. 14, 2000

Settlement conference held before Mag. Judge Joel B. Rosen on 10/6/00. (femp) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

30

Notice of MOTION to amend [1−1] complaint by DANIEL NATALE, KATHLEEN NATALE [30−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 12/1/00 on [30−1] motion . (Brief/PO Subm) (femp) (Entered: 10/30/2000)

Oct. 26, 2000

Oct. 26, 2000

32

ORDER denying [30−1] motion to amend [1−1] complaint ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 12/22/2000)

Dec. 21, 2000

Dec. 21, 2000

33

Minute entry: Proceedings recorded by ; Minutes of: 12/21/00; The following actions were taken, denying [30−1] motion to amend [1−1] complaint. Order entered. By Mag. Judge Joel B. Rosen (femp) (Entered: 01/11/2001)

Jan. 11, 2001

Jan. 11, 2001

34

CERTIFICATE OF SERVICE Re: Supplemental memorandum of Law in support of deft. PHS' motion for summary judgment. (sb) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

35

OPINION (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/24/2001)

July 24, 2001

July 24, 2001

36

ORDER dismissing with prejudice count two of the complaint for failure to file an affidavit of merit. (signed by Judge Joel A. Pisano)(NM) (sb) (Entered: 07/24/2001)

July 24, 2001

July 24, 2001

37

OPINION (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/30/2001)

July 27, 2001

July 27, 2001

38

ORDER granting [31−1] motion for summary judgment and count four of the complaint is dismissed with prejudice. (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

Case closed (sb) (Entered: 07/30/2001)

July 30, 2001

July 30, 2001

39

Notice of MOTION for reconsideration of [36−1] order by DANIEL NATALE, KATHLEEN NATALE, Motion set for 9/7/01 on [39−1] motion . (Letter Brief Subm) (sb) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

40

CERTIFICATION of Saul J. Steinberg supporting [39−1] motion for reconsideration of [36−1] order. (sb) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

41

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 8/13/01; The following actions were taken: denying [39−1] motion for reconsideration of [36−1] order By Judge Joel A. Pisano (sb) (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

42

MEMORANDUM OPINION AND ORDER denying [39−1] motion for reconsideration of [36−1] order. (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 08/13/2001)

Aug. 13, 2001

Aug. 13, 2001

43

NOTICE OF APPEAL filed at 10:28 a.m. by DANIEL NATALE, KATHLEEN NATALE Re: [36−1] order, [38−1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): M. LOU GARTY, KEVIN W. LYNCH, SAUL J. STEINBERG (lc) (Entered: 09/04/2001)

Sept. 4, 2001

Sept. 4, 2001

44

NOTICE of Docketing ROA from USCA Re: [43−1] appeal USCA NUMBER: 01−3449 (lc) (Entered: 09/18/2001)

Sept. 13, 2001

Sept. 13, 2001

45

Transcript Purchase Order RE: [43−1] appeal (None Requested) (lc) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

Record complete for purposes of appeal. (lc) (Entered: 09/25/2001)

Sept. 24, 2001

Sept. 24, 2001

46

USCA OPINION (lc) (Entered: 02/20/2003)

Feb. 10, 2003

Feb. 10, 2003

47

OPINION from USCA. (lc) (Entered: 03/25/2003)

March 21, 2003

March 21, 2003

48

JUDGMENT OF USCA (certified copy) Re: [43−1] appeal. REVERSING AND REMANDING the judgments of the District Court dated 7.24.01 and 7.30.01. Costs taxed in favor of appellant a follows: Brief ....$34.80, Appendix ....$142.00, Binding .... $68.00, Cover ....$40.00, TOTAL ...$248.00. (lc) (Entered: 03/25/2003)

March 21, 2003

March 21, 2003

49

ORDER, setting status conference for 4/2/03 ( signed by Judge Joel A. Pisano ) (NM) (ak) (Entered: 03/31/2003)

March 28, 2003

March 28, 2003

50

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 4/7/03; The following actions were taken, STATUS CONFERENCE off the record−plt's counsel appeared iva telephone−depositions to be completed within 60−90 days; Counsel to contact Court as to settlement/trial status− TELEPHONE CONFERENCE CALL scheduled for 4/15/03 By Judge Joel A. Pisano (ak) (Entered: 04/08/2003)

April 7, 2003

April 7, 2003

51

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 4/15/03; The following actions were taken, Telephone conference call off the record− Counsel to contact the Court for further status report by 5/15/03 By Judge Joel A. Pisano (ak) (Entered: 04/17/2003)

April 15, 2003

April 15, 2003

52

NOTICE OF CHANGE OF ADDRESSE AND TELEPHONE NUMBER of the law firm of WHITE AND WILLIAMS, LLP (ak, ) (Entered: 03/19/2004)

March 15, 2004

March 15, 2004

53

ORDER REASSIGNING CASE. Case reassigned to Judge Jerome B. Simandle for all further proceedings. Judge Joel A. Pisano no longer assigned to case. Signed by Judge John W. Bissell on 5/21/04. (ar1, ) (Entered: 05/27/2004)

May 21, 2004

May 21, 2004

54

NOTICE of Appearance by DAVID WEEKS on behalf of PRISON HEALTH SERVICES, INC. (WEEKS, DAVID) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

55

JOINT FINAL PRETRIAL ORDER. Signed by Judge Jerome B. Simandle on 8/12/04. (ar1, ) (Entered: 08/16/2004)

Aug. 12, 2004

Aug. 12, 2004

56

ORDER REOPENING CASE for further proceedings consistent with the Order in Lieu of Mandate of the U.S. Court of Appeals dated March 19, 2003.Signed by Judge Jerome B. Simandle on 8/17/04. (ar1, ) (Entered: 08/19/2004)

Aug. 17, 2004

Aug. 17, 2004

57

TRIAL BRIEF by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

58

CERTIFICATE OF SERVICE by PRISON HEALTH SERVICES, INC. re 57 Trial Brief (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

59

Proposed Voir Dire by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

60

Proposed Jury Instructions by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

61

PROPOSED DOCUMENT by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

62

Substitution of Attorney − Attorney DAVID R. ZASLOW for PRISON HEALTH SERVICES, INC. added. Attorney KEVIN W. LYNCH terminated. (ar1, ) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

63

TRIAL NOTICE sent Trial set for 11/14/05 at 9:00 before Judge Simandle (mb, ) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

64

ORDER DISMISSING CASE. Signed by Judge Jerome B. Simandle on 11/4/05. (th, ) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

65

Letter

Feb. 28, 2018

Feb. 28, 2018

PACER
65

Letter

Feb. 28, 2018

Feb. 28, 2018

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 9, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Insulin-dependent diabetic detainee

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Camden County Correctional Facility, County

County of Camden, County

Camden County Sheriff's Department, County

Prison Health Services, County

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run