University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rouse v. Plantier PC-NJ-0005
Docket / Court 90-3511 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Prison Conditions
Case Summary
On September 4, 1990, a diabetic inmate at the Adult Treatment and Diagnostic Center in Avenel, New Jersey, filed a pro se class action lawsuit under 42 U.S.C. §1983 and the Americans With Disabilities Act against the New Jersey Department of Corrections in the U.S. District Court for the District ... read more >
On September 4, 1990, a diabetic inmate at the Adult Treatment and Diagnostic Center in Avenel, New Jersey, filed a pro se class action lawsuit under 42 U.S.C. §1983 and the Americans With Disabilities Act against the New Jersey Department of Corrections in the U.S. District Court for the District of New Jersey. The plaintiff asked the court for declaratory and injunctive relief, alleging that the defendants had violated his constitutional rights by failing to provide adequate medical care for his diabetes.

On December 14, 1994, the defendants asked the court to dismiss the complaint. On June 30, 1995, the U.S. District Court for the District of New Jersey (Judge William G. Bassler) partially granted the motion to dismiss. After a few years, the defendants again asked the court to dismiss the complaint. On December 5, 1997, the district court again denied the motion to dismiss, holding that the defendants were not entitled to qualified immunity. Rouse v. Plantier, 987 F.Supp. 302 (D.N.J. 1997). The defendants asked the court to allow them to reargue the case, and on February 9, 1998, the district court denied the request to reargue. Rouse v. Plantier, 997 F.Supp. 575 (D.N.J. 1998). The defendants appealed. On June 29, 1999, the U.S. Court of Appeals for the Third Circuit vacated and remanded, holding that the district court had erred in holding that all members of the plaintiff class had alleged a violation of their constitutional rights. Rouse v. Plantier, 182 F.3d 192 (3rd.Cir. 1999).

On June 6, 2001, the parties entered into a settlement agreement. On November 15, 2001, the district court (Judge Stephen Orlofsky) adopted the settlement agreement and closed the case.

Kristen Sagar - 02/16/2007


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Issues and Causes of Action
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Issues
Medical/Mental Health
Medical care, general
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Adult Diagnostic and Treatment Center
Plaintiff Description diabetic inmates at the Adult Treatment and Diagnostic Center in Avenel, 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 2001 - n/a
Case Closing Year 2001
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)
1:90-cv-03511-SMO (D.N.J.) 08/23/2002
PC-NJ-0005-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 12/05/1997 (987 F.Supp. 302) (D.N.J.)
PC-NJ-0005-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 02/09/1998 (997 F.Supp. 575) (D.N.J.)
PC-NJ-0005-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 06/29/1999 (182 F.3d 192)
PC-NJ-0005-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Alito, Samuel A. Jr. (SCOTUS, Third Circuit)
PC-NJ-0005-0004
Orlofsky, Stephen Murray (D.N.J.) [Magistrate]
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Berman, Mark A. (New Jersey)
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-0004
Gambrill, James Howard (New Jersey)
PC-NJ-0005-9000
Lustberg, Lawrence S. (New Jersey)
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-0004 | PC-NJ-0005-9000
Ryan, James E. (New Jersey)
PC-NJ-0005-0002
Defendant's Lawyers Bollheimer, Ronald L. (New Jersey)
PC-NJ-0005-9000
Flahive, William P. (New Jersey)
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-0004 | PC-NJ-0005-9000
Giordano, Gregory J. (New Jersey)
PC-NJ-0005-9000
Halloran, Mary Ellen (New Jersey)
PC-NJ-0005-9000
Holtzman, Stephen D. (New Jersey)
PC-NJ-0005-9000
Jacobsen, Mary C. (New Jersey)
PC-NJ-0005-0004
Lorio, Joan Bannan (New Jersey)
PC-NJ-0005-9000
Miller, Jeffrey John (New Jersey)
PC-NJ-0005-0003
Pantano, Anthony (New Jersey)
PC-NJ-0005-9000
Patel, Mamta (New Jersey)
PC-NJ-0005-9000
Verniero, Peter (New Jersey)
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-0004
Wurst, E. Jayroe (New Jersey)
PC-NJ-0005-0002 | PC-NJ-0005-0003 | PC-NJ-0005-0004 | PC-NJ-0005-9000
Yannotti, Joseph L. (New Jersey)
PC-NJ-0005-0004
Other Lawyers None on record

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