On January 27, 2006, a group of inmates from the Adult Diagnostic and Treatment Center (ADTC) filed a class action suit in the United States District Court for the District of New Jersey against the New Jersey Department of Corrections (DOC) alleging that the DOC, in operating ADTC, a facility for sexual offenders, had transported and held inmates of ADTC with dangerous state prisoners, without reasonable care, safety and protection from the risk of physical assault and bodily harm, in violation of 42 U.S.C. § 1983. The plaintiffs sought equitable relief, including a temporary restraining order, and a preliminary and permanent injunction against the defendants, as well as declaratory relief.

The plaintiffs in the suit alleged that they were being harassed and physically assaulted by other state inmates whenever they were exposed to them, such as when they were being transported to and detained in other facilities (e.g. medical care at other prisons or attending legal proceedings).

On March 16, 2006, Senior District Court Judge Dickinson Debevoise granted the plaintiffs a preliminary injunction, ordering that in the transport of inmates certain rules be followed to protect the ADTC inmates from verbal or physical abuse. On June 21, 2006, Judge Dickinson Debevoise granted plaintiffs motion to extend the preliminary injunction.

On August 17, 2006, the defendants filed a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). However the Court never addressed this motion, as on November 17, 2006 the case was referred to mediation. On September 21, 2007 the case was dismissed without prejudice by consent order, as both parties reached a settlement agreement. The details of the settlement agreement are not included on the docket.

Caitlin Howitt - 10/21/2011


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