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Case Name Holland v. Rosen CJ-NJ-0003
Docket / Court 1:17-cv-04317-JBS-KMW ( D.N.J. )
Additional Docket(s) 17-03104  [ 17-3104 ]  Federal Court of Appeals
State/Territory New Jersey
Case Type(s) Criminal Justice (Other)
Case Summary
On June 14, 2017, a man awaiting criminal trial and Lexington National Insurance Corporation, a bail bond company, filed this lawsuit in the U.S. District Court for the District of New Jersey. The case was assigned to Judge Jerome Simandle. The plaintiffs sued the state of New Jersey under 42 U.S.C ... read more >
On June 14, 2017, a man awaiting criminal trial and Lexington National Insurance Corporation, a bail bond company, filed this lawsuit in the U.S. District Court for the District of New Jersey. The case was assigned to Judge Jerome Simandle. The plaintiffs sued the state of New Jersey under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs alleged that a New Jersey state law, the Criminal Justice Reform Act (CJRA), violated the bail provision of the Eighth Amendment, due process under the Fourteenth Amendment, and freedom from unreasonable search and seizure under the Fourth Amendment. The CJRA required that pretrial release by monetary bail occur only if a criminal court court found that non-monetary conditions were inadequate. The plaintiffs sought damages, declaratory relief, and injunctive relief.

On the same day that the plaintiffs filed their complaint, the plaintiffs also filed a motion for a preliminary injunction that would enjoin the provisions of the CJRA that they deemed unconstitutional.

On July 28, 2017, the state filed a brief in opposition to the motion for a preliminary injunction and moved to dismiss the case for failure to state a claim. The same day, the American Civil Liberties Union, American Civil Liberties Union of New Jersey, Drug Policy Alliance, Latino Action Network, and National Association for the Advancement of Colored People – New Jersey State Conference jointly moved to participate as amici curiae in support of the defendant. All of these civil rights organizations would be represented by one ACLU lawyer. These prospective amici also filed a brief in opposition to the plaintiff’s motion for a preliminary injunction.

On September 21, 2017, the court denied the the plaintiffs’ motion for a preliminary injunction. The court, notably, held that the plaintiffs’ case was unlikely to succeed on the merits and that the plaintiffs were unlikely to suffer irreparable harm without an injunction. Judge Simandle also stated that the accused plaintiff was a bad class representative for a potential class action because the crime that he was on pretrial release for was particularly violent. 277 F.Supp.3d 707. (Though the plaintiffs had not yet moved for class certification, their complaint indicated that they intended to seek it.)

Four days later, on September 25, 2017, the plaintiffs appealed the court’s decision regarding the preliminary injunction to the U.S. Court of Appeals for the Third Circuit. (Docket Number: 17-03104). In the meantime, the plaintiffs sought to pause litigation in the District Court pending a decision in the Appellate Court. The defendant protested; the Appellate Court’s decision would not affect the District Court’s decision on the merits of the case, so the state wanted to move forward. Still, the District Court granted the stay, holding that the litigation would not continue in the District Court until the Third Circuit had decided the appeal. The District Court therefore terminated the defendant’s motion to dismiss, holding it in abeyance until after the Court of Appeals finished its decision.

The Third Circuit heard oral arguments on this case on February 21, 2018. The panel was made up of Judge Thomas L. Ambro, Judge Luis Felipe Restrepo, and Judge Julio M. Fuentes. It has not yet issued a judgment.

Rebecca Strauss - 05/31/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Excessive bail/fines
Unreasonable search and seizure
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
General
Bail/Bond
Conditions of confinement
Fines/Fees/Bail/Bond
Restraints : physical
Search policies
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) New Jersey
Plaintiff Description A man awaiting trial for a criminal charge who in the meantime has to wear a GPS-tracking ankle bracelet, be on home detention, and report to court staff every week until trial; Lexington National - a Florida corporation that issues and posts bail bonds
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None yet
None
Source of Relief None yet
None
Case Ongoing Yes
Docket(s)
1:17-cv-04317-JBS-KMW (D.N.J.)
CJ-NJ-0003-9001.pdf | Detail
Date: 09/29/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
CJ-NJ-0003-0001.pdf | Detail
Date: 06/14/2017
Source: PACER [Public Access to Court Electronic Records]
Brief of Proposed Amici Curiae [ECF# 18-2]
CJ-NJ-0003-0002.pdf | Detail
Date: 07/28/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Motion to Dismiss on Behalf of State Defendants [ECF# 24]
CJ-NJ-0003-0003.pdf | Detail
Date: 07/28/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 59] (277 F.Supp.3d 707) (D.N.J.)
CJ-NJ-0003-0004.pdf | WESTLAW| LEXIS | Detail
Date: 09/21/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Simandle, Jerome B. (D.N.J.)
CJ-NJ-0003-0004 | CJ-NJ-0003-9001
Williams, Karen M (D.N.J.) [Magistrate]
CJ-NJ-0003-9001
Plaintiff's Lawyers Clement, Paul D. (District of Columbia)
CJ-NJ-0003-0001
Lawrence, Andrew C. (District of Columbia)
CJ-NJ-0003-0001
Michel, Christopher G. (District of Columbia)
CJ-NJ-0003-0001
Quinn, Justin Taylor (New Jersey)
CJ-NJ-0003-0001 | CJ-NJ-0003-9001
Williams, Michael F. (District of Columbia)
CJ-NJ-0003-0001 | CJ-NJ-0003-9001
Defendant's Lawyers Feinblatt, Stuart Mark (New Jersey)
CJ-NJ-0003-0003 | CJ-NJ-0003-9001
Riggs, Christopher Joseph (New Jersey)
CJ-NJ-0003-9001
Other Lawyers Barocas, Edward (New Jersey)
CJ-NJ-0003-0002
Buskey, Brandon (New York)
CJ-NJ-0003-0002
Livengood, Rebecca (New Jersey)
CJ-NJ-0003-0002
LoCicero, Jeanne (New Jersey)
CJ-NJ-0003-0002
Shalom, Alexander (New Jersey)
CJ-NJ-0003-0002 | CJ-NJ-0003-9001
Woods, Andrea (New York)
CJ-NJ-0003-0002

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