P. T.,
Pro se
Adult Diagnostic & Treatment Center
8 Production Way
Avenel, NJ 07001

W.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

_______________________________________


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:
 

  1. 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.
     
  2.  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.
     
  3. 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.
     
  4. 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.
     
  5. 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.
     
  6. 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.
     
  7. 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: ________________

 
_________________________
P. T., Pro se
Date: ________________ _________________________
W.W., Pro se

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