Case: Calloway v. Fauver

3:79-02187 | U.S. District Court for the District of New Jersey

Filed Date: July 23, 1979

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Case Summary

In July 1979, prisoners being held in protective custody at the Trenton State Prison in New Jersey filed a lawsuit under 42 U.S.C. §1983 against the New Jersey Department of Corrections in the U.S. District Court for the District of New Jersey. The plaintiffs asked the court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by their placement in protective custody without a hearing.On August 2, 1982, the U.S. District Court f…

In July 1979, prisoners being held in protective custody at the Trenton State Prison in New Jersey filed a lawsuit under 42 U.S.C. §1983 against the New Jersey Department of Corrections in the U.S. District Court for the District of New Jersey. The plaintiffs asked the court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by their placement in protective custody without a hearing.

On August 2, 1982, the U.S. District Court for the District of New Jersey (Judge Dickinson Richards Debevoise) held that placement in involuntary protective custody did not deprive the plaintiffs of federally protected rights, and that the plaintiffs were not deprived of their federal due process rights to any hearing before their placement in protective custody. The court further held, however, that an inmate held involuntarily in protective custody for an indefinite period is entitled to a hearing at least once each year, and that to the extent that the inmates were not accorded such hearings, they were deprived of due process. The court declined to award any damages to the plaintiffs, however, holding that the defendants were protected by qualified immunity. Calloway v. Fauver, 544 F.Supp. 584 (D.N.J. 1982).

Summary Authors

Kristen Sagar (2/16/2007)

Related Cases

Wooten v. Klein, District of New Jersey (1975)

People


Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorney for Plaintiff

Halper, Louise A. (New Jersey)

Attorney for Defendant

Shire, Robert A. (New Jersey)

Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

3:79-02187

Opinion

Aug. 2, 1982

Aug. 2, 1982

Order/Opinion

544 F.Supp. 544

Docket

Last updated Feb. 16, 2024, 3 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 23, 1979

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Inmates challenging their confinement in protective custody

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Trenton State Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1982 - None

Issues

General:

Classification / placement

Parents (visitation, involvement)

Siblings (visitation, placement)

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

Type of Facility:

Government-run