P. T.,
Pro se
Adult Diagnostic & Treatment Center
8 Production Way
Avenel, NJ 07001W.W.,
Pro se
Adult Diagnostic & Treatment Center
8 Production Way
Avenel, NJ 07001
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CIVIL ACTION
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P.T., W.W., et al,
Plaintiffs,
v.
DEVON BROWN, et al,
Defendants.
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CLASS ACTION
No. ______________
EX PARTE
MOTION FOR
TEMPORARY RESTRAINING ORDER |
MOTION FOR TEMPORARY RESTRAINING ORDER
Plaintiffs, on behalf of themselves as the named plaintiffs and on behalf of the
class members designated in the accompanying complaint, hereby moves this court
to forthwith issue a temporary restraining order, pursuant to
Fed.R.Civ.P. 65(b), without requiring the giving of notice thereof to defendants
or their attorney, restraining and enjoining defendants, its officers, agents,
employees, successors, attorneys and all those in active concert or
participation with them, from the specific conduct described hereinbelow,
pending a hearing and awarding of relief sought via a preliminary injunction as
contained in plaintiffs' complaint in the same action as this motion, and
further moves this court for an order setting a date for such hearing.
Unless this motion is granted, plaintiffs will suffer immediate and irreparable
harm and injury, as a result of the actions of defendants before defendants or
their attorneys can be heard in opposition hereto, and before a hearing can be
had on the relief sought in the accompanying complaint for a preliminary
injunction. as more fully appears in the verified complaint filed with this
action and the declaration filed herewith.
Conduct to be enjoined and/or ordered:
- Defendants to be barred from presenting any clinical certificates
designating a plaintiff as a sexually violent predator, in support of an
order of temporary
commitment, that has been obtained without affording the plaintiff opportunity
to have the screening evaluation electronically recorded, and which was
conducted by any psychiatrist with whom the plaintiff had a prior doctor-patient
relationship, including, but not restricted to, the psychiatrist serving as a
member of the plaintiffs' treatment team, or which was conducted by any
psychiatrist whom the accompanying complaint alleges conspired to violate a
plaintiffs civil and constitutional rights.
- Defendants to be ordered to pay for two psychiatric screening evaluations for
each plaintiff it seeks to commit under SVPA, said screenings to be provided by
psychiatrists who are not in the employ or under contract with defendants
Correctional Medical Services, Public Safety Concepts, or Department of
Corrections and who have been appointed as Special Masters by the Court.
- In response to a Court Order impounding all records of the plaintiffs,
including but not limited to medical/ psychiatric/ psychological treatment
records, medical/ psychiatric/ psychological
evaluations, custody and housing reports, educational and work records, as well
as any other records that are or maybe used in the screening process for civil
commitment, surrender of all such impounded records to a Special Master as
appointed by the Court.
- Defendants to be ordered to provide to any said appointed Special Master, all impounded records within 5 days of a request by the Special Master for the
records.
- Defendants to submit to the Court and Plaintiffs, no later than 3 days prior
to the Preliminary
Injunction Hearing to be scheduled as part of the Order, a list of 5 Board
Certified Psychiatrists who are not in the employ or under contract to or with
the Department of Corrections, Correctional Medical Services or Public Safety
Concepts.
- Plaintiffs to submit to the Court and Defendants, no later than 3 days prior
to the Preliminary
Injunction Hearing to be scheduled as part of the Order, a list of Board
Certified Psychiatrists they wish the Court to consider as Special Masters.
- Defendants to be ordered to provide to any plaintiff who so requests, a means
of electronic recording, using currently available electronic recording devices
from the institution, which ensures the preservation of evidence from the
screening, as well as a means of preserving that electronic
recording and making it available to counsel for the plaintiff in any civil
commitment proceeding that ensues therefrom.
Date: ________________
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P. T., Pro se |
Date: ________________ |
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W.W., Pro se |
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