University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Calloway v. Fauver PC-NJ-0012
Docket / Court 79-2187 ( D.N.J. )
State/Territory New Jersey
Case Type(s) Prison Conditions
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 ... read more >
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).

Kristen Sagar - 02/16/2007


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Issues and Causes of Action
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Issues
General
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Trenton State Prison
Plaintiff Description Inmates challenging their confinement in protective custody
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1982 - n/a
Case Ongoing No reason to think so
Case Listing PC-NJ-0009 : Wooten v. Klein (D.N.J.)
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Written: May. 01, 2006
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Written: Jan. 01, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Links Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Written: Jun. 04, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion (544 F.Supp. 584) (D.N.J.)
PC-NJ-0012-0001.pdf | WESTLAW| LEXIS | Detail
Date: 08/02/1982
Source: Google Scholar
Judges Debevoise, Dickinson Richards Court not on record
PC-NJ-0012-0001
Plaintiff's Lawyers Halper, Louise A. (New Jersey)
PC-NJ-0012-0001
Defendant's Lawyers Shire, Robert A. (New Jersey)
PC-NJ-0012-0001

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