On May 2, 2000, three inmates at the Riverfront State Prison in New Jersey filed a class action lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the District of New Jersey against the New Jersey State Parole Board. The complaint alleged that the Parole Board knowingly and consistently failed to meet the deadlines for the preparation of pre-parole reports and the conduction of parole hearings, as required by the New Jersey Parole Act of 1979 ("Act"), N.J.S.A. 30:4-123.45 to 30:4-123.69, in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. As a result of the Parole Board's alleged inaction, the plaintiffs and thousands of other inmates remained incarcerated past their respective parole eligibility dates. At the peak of the problem, hearings were behind schedule for approximately 5,800 prisoners. The complaint demanded declaratory and injunctive relief and nominal damages.

Soon after the case was filed, the parties pursued settlement negotiations. Ultimately, a settlement was reached and the parties filed a joint motion for approval of the Settlement Agreement. The District Court (Judge Pisano) certified the case as a class action and approved the settlement as being fair and reasonable. Hawker v. Consovoy, 198 F.R.D. 619 (D.N.J. 2001). Under the terms of the Agreement, the Parole Board stipulated that it would conduct more timely hearings, and that no such backlog would be allowed to build up again.

Dan Dalton - 11/20/2007


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