Case: Roe v. Fauver

3:88-cv-01225 | U.S. District Court for the District of New Jersey

Filed Date: March 11, 1988

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On March 11, 1988, plaintiff, a female New Jersey inmate, filed a lawsuit, pursuant to 42 U.S.C. § 1983 and the Rehabilitation Act, in the U.S. District Court for the District of New Jersey, challenging her segregation and confinement in the St. Francis Medical Center due to her AIDS diagnosis. Plaintiff was represented by attorneys of the Public Advocate/Public Defender, Department of the Public Advocate for New Jersey and sought declaratory and injunctive relief.In her initial complaint, pla…

On March 11, 1988, plaintiff, a female New Jersey inmate, filed a lawsuit, pursuant to 42 U.S.C. § 1983 and the Rehabilitation Act, in the U.S. District Court for the District of New Jersey, challenging her segregation and confinement in the St. Francis Medical Center due to her AIDS diagnosis. Plaintiff was represented by attorneys of the Public Advocate/Public Defender, Department of the Public Advocate for New Jersey and sought declaratory and injunctive relief.

In her initial complaint, plaintiff alleged that she was initially confined in the Corrections Institute for Women in Clinton ["Clinton"] prior to her AIDS diagnosis. After the diagnosis, plaintiff was hospitalized for pneumonia. She recovered and her AIDS went into remission. She sought return from the St. Francis Medical Center, where female AIDS inmates were confined, back to the general population in Clinton. Her request was denied. Plaintiff noted that male AIDS prisoners were placed in Special Medical Unit attached to Trenton State Prison, but that no such facility existed from women inmates with AIDS. Plaintiff requested an injunction compelling her transfer.

Following an evidentiary hearing, the District Court (Judge Anne E. Thompson) denied plaintiff's motion for a preliminary injunction. Roe v. Fauver, 1988 WL 47359 (D.N.J. May 13, 1988). Defendants then moved for summary judgment. The District Court denied defendants' motion and granted plaintiff leave to amend the complaint to allege broader allegations on behalf of all inmates inflicted with AIDS. Roe v. Fauver, 1988 WL 47359 (D.N.J. Oct. 7, 1988).

The Amended Complaint alleged that inmates diagnosed with AIDS were illegally segregated and deprived of all recreation, education, work programs, adequate legal access, solely on the basis of their illness. The amended complaint also alleged that they were denied proper medical care in violation of the Eighth Amendment.

The case was certified as a class action on October 6, 1989. Class members included inmates diagnosed with AIDS or infected with the HIV virus. Following class certification, the parties settled the case.

The District Judge Anne E. Thompson approved and entered the Consent Decree on June 26, 1992. The Consent Decree provided for various reforms, including the following:

1. The DOC was prohibited from enforcing any blanket segregation of inmates with AIDS or any other stage of HIV disease. The decision to assign inmates to Medical Units in any facility in the New Jersey State Prison System was to be solely a medical decision based on the medical condition of the individual inmate.

2. Inmates were to be discharged from hospital facilities as soon as their medical condition no longer required hospitalization and as soon as appropriate housing was available.

3. The DOC was prohibited from denying access to programs, services, jobs, work release and furloughs to class members on the basis of their status as class members.

4. The DOC was ordered to provide medical care to class members in conformity with community standards as guided by United States Public Health Service recommendations.

5. The DOC was to set up a health screening evaluation, including HIV-risk assessment, for all inmates. The DOC was also to establish protocols for administering HIV testing; and training and educational programs on HIV disease, transmission and risk reduction to all inmates and staff in DOC facilities.

In 1997, a motion to enforce the Consent Decree and to impose sanctions was filed pro se by inmate Rasheed A. Mujahid. District Judge Thompson treated the motion as an original and separately filed Complaint. That Complaint was amended and Mr. Mujahid moved for a preliminary injunction. Defendants responded by moving to dismiss. Defendants also moved to terminate the Consent Decree under the Prison Litigation Reform Act [PLRA].

By order dated March 18, 1998, the USA was granted leave to intervene in the case.

According to the PACER docket, District Judge Anne E. Thompson issued an Opinion on April 15, 1998 and an Order on June 9, 1998 terminating all pending motions. The reasons for the Court's Opinion and Order are not apparent from the PACER docket and no further case activity was reported.

Summary Authors

Dan Dalton (3/12/2007)

People


Judge(s)
Attorney for Plaintiff

Caraballo, Wilfredo (New Jersey)

Dueker, Alice K. (New Jersey)

Hanssens, Catherine A. (New Jersey)

Attorney for Defendant

Del Tufo, Robert J. (New Jersey)

Dowdy, Irene Elaine (New Jersey)

show all people

Documents in the Clearinghouse

Document

3:88-cv-01225

Docket (PACER)

June 9, 1998

June 9, 1998

Docket

3:88-cv-01225

Opinion

May 13, 1988

May 13, 1988

Order/Opinion

1988 WL 1988

3:88-cv-01225

Order

Oct. 7, 1988

Oct. 7, 1988

Order/Opinion

3:88-cv-01225

Opinion

Oct. 7, 1988

Oct. 7, 1988

Order/Opinion

3:88-cv-01225

Opinion

Oct. 11, 1988

Oct. 11, 1988

Order/Opinion

1988 WL 1988

93

3:88-cv-01225

Consent Decree

March 3, 1992

March 3, 1992

Settlement Agreement
91

3:88-cv-01225

Notice of Settlement

April 8, 1992

April 8, 1992

Settlement Agreement
105

3:88-cv-01225

Order

June 29, 1992

June 29, 1992

Settlement Agreement
114

3:88-cv-01225

Amended and Supplemental Complaint and Demand for Jury Trial (Verified by Affidavit)

Sept. 24, 1997

Sept. 24, 1997

Complaint

Docket

Last updated March 19, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link

Case closed (ss) (Entered: 05/29/1991)

May 29, 1991

May 29, 1991

87

ORDER reopening action, filed. ( signed by Judge Anne E. Thompson ) (ss) (Entered: 10/23/1991)

Oct. 2, 1991

Oct. 2, 1991

88

LETTER REQUEST and ORDER extending parties time to resolve remaining issues. ( signed by Judge Anne E. Thompson (ss) (Entered: 10/23/1991)

Oct. 21, 1991

Oct. 21, 1991

Case reopened (ss) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

ALL PREVIOUS ENTRIES ON PAPER DOCKET. (ss) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

89

Minute entry: Proceedings recorded by Ct-Reporter: None; Minutes of: 2.4.92; The following actions were taken STATUS CONFERENCE. SETTLEMENT CONFERENCE HELD. COUNSEL REPORTED THAT A SETTLEMENT CONFERENCE CANNOT BE ACHIEVED AT THIS TIME, By Judge Anne E. Thompson (ss) (Entered: 02/05/1992)

Feb. 4, 1992

Feb. 4, 1992

90

Minute entry: Proceedings recorded by Ct-Reporter: Vincent Russoniello; Minutes of: 3.3.92; The following actions were taken; STATUS CONFERENCE: Counsel reported this action settled. Consent Degree submitted. By Judge Anne E. Thompson (ss) (Entered: 03/06/1992)

March 3, 1992

March 3, 1992

91

ORDER In Re: Notice of settlement, filed. ( signed by Judge Anne E. Thompson ) (ss) (Entered: 04/13/1992)

April 8, 1992

April 8, 1992

92

Minute entry: Proceedings recorded by Ct-Reporter: Vincent Russoniello; Minutes of: 4.8.92; The following actions were taken; Hearing on application for an order directing notice of proposed settlement. Ordered motion granted. By Judge Anne E. Thompson (ss) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

93

ORDER directing Notice of Proposed Settlement and setting dates for submissions of objections no later than 6/5/92 and a final hearing to enter the proposed settlement on 6/12/92 @ 2:00am. ( signed by Judge Anne E. Thompson ) (ss) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

94

RESPONSE in opposition of non-party, Victor F. Patilla to [91-1] order & [93-1] order re: SETTLEMENT. (mgr) (Entered: 05/28/1992)

May 28, 1992

May 28, 1992

95

RESPONSE in opposition of non-party, Robert Robin Banfield to [91-1] order & [93-1] order re: SETTLEMENT. (mgr) (Entered: 05/28/1992)

May 28, 1992

May 28, 1992

96

RESPONSE of non-party, Antoinette R.B. Lennon in opposition to [91- 1] order & [93-1] order re: SETTLEMENT. (mgr) (Entered: 05/28/1992)

May 28, 1992

May 28, 1992

97

RESPONSE of non-parties, Leroy Thomas, Abdur R. Shariff, Robert Brown, John A. Tillman, ALonzo M. Evans, Raul D. Slime in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

98

RESPONSE of non-party, Rob Marshall in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

99

RESPONSE of non-party, Ronald Long in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

100

RESPONSE of non-party, Edward Johnson in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

101

RESPONSE of non-party, Norwood L. White in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/05/1992)

June 4, 1992

June 4, 1992

102

RESPONSE of non-party, James Abdul Alim Abuwi in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/05/1992)

June 4, 1992

June 4, 1992

103

RESPONSE of non-party, Lloyd Johnson in opposition to [91-1] order, [93-1] order (mgr) (Entered: 06/09/1992)

June 8, 1992

June 8, 1992

104

RESPONSE (UNSIGNED) BY NON-PARTY EDWARD JOHNSON in opposition to [91-1] order, [93-1] order (AC) (Entered: 06/30/1992)

June 17, 1992

June 17, 1992

105

ORDER for Settlement with Consent Decree Annexed. ( signed by Judge Anne E. Thompson ) (NM) (AC) (Entered: 06/30/1992)

June 29, 1992

June 29, 1992

Case closed (AC) (Entered: 06/30/1992)

June 30, 1992

June 30, 1992

106

LETTER by non-party, Orlando Perez dated 6-28-92. (mgr) (Entered: 07/07/1992)

July 7, 1992

July 7, 1992

107

LETTER by pltf. informing the court that SUSAN RISNER PUBLIC DEFENDER no longer represent the pltf. as co-counsel filed. (SA) (Entered: 04/11/1995)

April 10, 1995

April 10, 1995

108

Substitute attorney for John Belton, Louis Brandt, John Forker, George Hayman, Gary Hilton, Richard Reed, Anthony Turner, Robert Walton, Rudolph Archer, Howard Beyer, William H. Fauver ; Terminated attorney BRETT D. RICKMAN ; Added MARIANNE DAG LEGATO (SA) (Entered: 04/20/1995)

April 19, 1995

April 19, 1995

109

CONSENT ORDER, for protective order (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 04/28/1995)

April 26, 1995

April 26, 1995

110

Notice of MOTION to enforce [105-1] Order for Settlement with Consent Decree Annexed , to impose sanctions for contempt of Court by RASHEED A. MUJAHID, Motion hearing set for 10:00 7/21/97 on [110- 1] motion, for 10:00 7/21/97 on [110-2] motion . (Brief/PO Subm) (PER CHAMBERS) (SA) (Entered: 06/26/1997)

May 27, 1997

May 27, 1997

111

ORDER denying as moot [110-1] motion to enforce [105-1] Order for Settlement with Consent Decree Annexed denying as moot [110-2] motion to impose sanctions for contempt of Court; directing said motion to be considered as an original complaint and directing all papaers filed in connection with this matter be dated from the date of this order filed. (signed Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

112

ORDER, granting pltf. leave to file an amended complaint , granting defts. leave to file an answer to said amended complaint (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

113

Substitute attorney for RASHEED A. MUJAHID ; Terminated him as pro se; Added JOHN V. JACOBI (SA) Modified on 11/10/1997 (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

114

AMENDED COMPLAINT by RASHEED A. MUJAHID , amending [110-1] complaint adding WILLIS H. MORTON, CORRECTIONAL MEDICAL SERVICES, GEORGE JAMES, JAMES J. NEAL (SA) Modified on 09/24/1997 (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

115

Notice of MOTION for preliminary injunction by RASHEED A. MUJAHID, Motion hearing set for 10:00 10/6/97 on [115-1] motion . (Brief/PO Subm) (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

116

CERTIFICATION of RASHEED MUJAHID Re: supporting [115-1] motion for preliminary injunction (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

117

Notice of CROSS-MOTION for summary judgment in favor of defts. CORRECTIONAL MEDICAL SERVICES, INC., GEORGE JAMES, and DR. JAMES J. NEAL , for sanctions Motion hearing set for 10:00 10/6/97 on [117-1] motion, set for 10:00 10/6/97 on [117-2] motion . (Brief/PO Subm) (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

118

ANSWER TO AMENDED COMPLAINT with CROSSCLAIM and ANSWER TO ALL CROSSCLAIMS by CORRECTIONAL MEDICAL, GEORGE JAMES, JAMES J. NEAL (SA) (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

119

Notice of CROSS-MOTION to dismiss pltf.'s complaint as to deft. WILLIAM H. FAUVER , for sanctions Motion hearing set for 10:00 10/6/97 on [119-1] motion, set for 10:00 10/6/97 on [119-2] motion . (PO Brief Subm) (SA) Modified on 09/24/1997 (Entered: 09/24/1997)

Sept. 24, 1997

Sept. 24, 1997

120

ORDER, for writ of habeas corpus as to deft. RASHEED A. MUJAHID, SP#203777 returnable 10/20/97 at 2:00 P.M. (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 10/15/1997)

Oct. 15, 1997

Oct. 15, 1997

WRIT of Habeas Corpus issued as to deft. RASHEED A. MUJAHID #203777 returnable 10/20/97 at 2:00 P.M. (copies to USM) (SA) (Entered: 10/15/1997)

Oct. 15, 1997

Oct. 15, 1997

121

ORDER, for writ of habeas corpus as to deft. RASHEED A. MUJAHID, SP#203777 returnable 10/23/97 at 9:30 A.M. (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

WRIT of Habeas Corpus issued as to RASHEED A. MUJAHID returnable 10/23/97 at 9:30. (Copies to USM) (SA) (Entered: 10/21/1997)

Oct. 20, 1997

Oct. 20, 1997

122

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 10/20/97; The following actions taken, Hearing held on [110- 1] and [110-2] motions. Ordered hearing adjourned to 10/23/97. By Chief Judge Anne E. Thompson (MB) (Entered: 10/22/1997)

Oct. 20, 1997

Oct. 20, 1997

123

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 10/20/97; The following actions were taken, mooting [110-1] motion to enforce [105-1] Order for Settlement with Consent Decree Annexed, mooting [110-2] motion to impose sanctions for contempt of Court, terminating [110-3] hearing Motion hearing set for 10:00 7/21/97 on [110-1] motion, for 10:00 7/21/97 on [110-2] motion; hearing had begun; case settled. Order to be submitted. (By Chief Judge Anne E. Thompson) (SA) (Entered: 10/27/1997)

Oct. 20, 1997

Oct. 20, 1997

124

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 11/03/97; The following actions were taken, [119-1] motion to dismiss pltf.'s complaint as to deft. WILLIAM H. FAUVER taken under advisement, [119-2] motion for sanctions taken under advisement, [117- 1] motion for summary judgment in favor of defts. CORRECTIONAL MEDICAL SERVICES, INC., GEORGE JAMES, and DR. JAMES J. NEAL taken under advisement, [117-2] motion for sanctions taken under advisement, [115-1] motion for preliminary injunction taken under advisement (By Chief Judge Anne E. Thompson) (SA) (Entered: 11/07/1997)

Nov. 3, 1997

Nov. 3, 1997

125

ORDER directing RASHEED MUJAHID receive medical attention; withdrawing [115-1], [117-1], [117-2], [119-1] & [119-2] motions. (signed by Chief Judge Anne E. Thompson) (NM) (ms) (Entered: 11/07/1997)

Nov. 7, 1997

Nov. 7, 1997

126

Notice of MOTION for immediate termination of [105-1] Consent Decree by John Belton, Louis Brandt, John Forker, George Hayman, Gary Hilton, Richard Reed, Anthony Turner, Robert Walton, Rudolph Archer, Howard Beyer, H. Fauver, Motion hearing set for 10:00 1/20/98 on [126-1] motion . (Brief/PO Subm) (SA) (Entered: 12/03/1997)

Dec. 2, 1997

Dec. 2, 1997

127

Letter Order noticing USA of this case. (signed by Chief Judge Anne E. Thompson) (NM) (ms) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

128

CERTIFICATE OF SERVICE of pltf., RASHEED A. MUJAHID for Brief and Appendix opposing [126-1] motion to terminate Consent Decree. (CC) (Entered: 02/02/1998)

Feb. 2, 1998

Feb. 2, 1998

129

Notice of MOTION to intervene by USA , Motion hearing set for 10:00 4/6/98 on [129-1] motion . (Brief Subm) (ms) (Entered: 03/03/1998)

March 2, 1998

March 2, 1998

130

Notice of MOTION for leave of deft, CORRECTIONAL MEDICAL SERVICES to intervene ; Motion ret'ble 10:00 4/6/98 on [130-1] motion . (Brief/PO Subm) (CLERK'S NOTE: Applicant to intervene is already a defendant in this case) (ms) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

131

ORDER granting [129-1] motion to intervene by USA (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 03/18/1998)

March 18, 1998

March 18, 1998

132

Substitute attorney for USA ; Terminated attorney MICHAEL J. HAUNGS; Added, WILLIAM R. KIRSCHNER (SA) (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

133

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 04/06/98; The following actions were taken, [130-1] motion for leave of deft, CORRECTIONAL MEDICAL SERVICES to intervene taken under advisement (By Chief Judge Anne E. Thompson) (SA) (Entered: 04/08/1998)

April 6, 1998

April 6, 1998

134

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 04/06/98; The following actions were taken, [129-1] motion to intervene by USA taken under advisement (By Chief Judge Anne E. Thompson) (SA) (Entered: 04/08/1998)

April 6, 1998

April 6, 1998

135

OPINION (by Chief Judge Anne E. Thompson)(NM) (ss) Modified on 04/17/1998 (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

136

ORDER granting [130-1] motion for leave of deft, CORRECTIONAL MEDICAL SERVICES to intervene; directing defts'. motion to terminate pursuant to the Prison Litigation Reform Act is deferred until the conclusion of an evidentiary hearing which will commence after the conclusion of discovery, etc. (signed by Chief Judge Anne E. Thompson) (NM) (ss) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

137

ORDER terminating [126-1] motion for immediate termination of [105- 1] Consent Decree and all other matters currently pending. (signed by Chief Judge Anne E. Thompson)(NM) (SA) (Entered: 06/09/1998)

June 9, 1998

June 9, 1998

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 1988

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New Jersey state prisoners diagnosed with AIDS (acquired immune deficiency syndrome) or with AIDS-related illnesses or infections (HIV).

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

St. Francis Medical Center (Trenton, Mercer), State

New Jersey Department of Corrections, State

Special Medical Unit at Trenton State Prison (Trenton), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1992 - 1998

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Law library access

Affected Sex or Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Medical care, general

Type of Facility:

Government-run