University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hairston v. Fauver PC-NJ-0002
Docket / Court 90-1850 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Prison Conditions
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 ... read more >
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.

Jaclyn Adams - 02/13/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Suicide prevention
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Northern State Prison
Plaintiff Description prisoners of the State of New Jersey
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1995 - 1997
Case Closing Year 1997
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:90-cv-01850-WGB (D.N.J.) 12/06/1995
PC-NJ-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement 11/10/1994
PC-NJ-0002-0001.pdf | Detail
Judges Bassler, William G. (D.N.J.)
PC-NJ-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Freamon, Bernard K. (New Jersey)
PC-NJ-0002-0001 | PC-NJ-0002-9000
Jacobi, John V. (New Jersey)
PC-NJ-0002-0001
Lustberg, Lawrence S. (New Jersey)
PC-NJ-0002-9000
Defendant's Lawyers Bollheimer, Ronald L. (New Jersey)
PC-NJ-0002-0001
Brown, Catherine M. (New Jersey)
PC-NJ-0002-9000
Poritz, Deborah T. (New Jersey)
PC-NJ-0002-0001
Other Lawyers None on record

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