IPT Journal - "Order Granting Temporary Restraining Order"

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,

DEVON BROWN, et al,
Defendants.

_______________________________________

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CLASS ACTION

No. ______________

ORDER

ORDER GRANTING TEMPORARY RESTRAINING ORDER

The Court has considered the ex parte motion for a Temporary Restraining Order issued by P. T., and W. W., on behalf of themselves and on behalf of class members, as Plaintiffs, against Devon Brown. Commissioner of the New Jersey Department of Corrections, Richard Cebasco, Director of Health Services, Thomas Farrell, Director of Medical Services, Grace Rogers, Administrator of the Adult Diagnostic and Treatment Center, all of the New Jersey Department of Corrections (hereinafter "DOC"), Nancy Graffin, Director of Treatment Services, Vivian Shnaidman, Roger Harris, Lawrence Siegel, Psychiatrists, and Diane Schaupp, Psychologist, all of whom work at the Adult Diagnostic and Treatment Center as independent contractors of Public Safety Concepts (hereinafter "PSC") and Correctional Medical Services (hereinafter "CMS"), and Public Safety Concepts, private corporations authorized to do business in New Jersey and subcontractors for medical and mental health services for the Department of Corrections, as Defendants.

This court has considered this ex parte motion for a temporary restraining order issued by the Plaintiffs against the Defendants, pending a hearing and determination of Plaintiffs' complaint and Prayer for Relief for a preliminary injunction herein, as well as the affidavit and verified complaint of Plaintiffs, in which it appears that Plaintiffs are subject to removal ,to the Special Treatment Unit (STU) at Kearny, New Jersey, under an order of temporary civil commitment pursuant to N.J.S.A. 30:42-7 et seq. obtained without the necessary due process protections required under the 14th Amendment of the United States Constitution, and with the concomitant denial of liberty, at any moment, subsequent to which Plaintiff will be unable to prosecute his claim as a pro se litigant or to obtain public assistance in pursuit of his claim. Moreover, the loss of liberty attendant to such an order of temporary civil commitment, constitutes immediate and irreparable damage to Plaintiffs.

On the basis of these pleadings and papers, it appears to the court that Plaintiff will suffer immediate and irreparable injury, loss or damage, before notice can be given and defendants, or their attorneys, can be heard in opposition to the issuance of the Temporary Restraining Order, in that before a hearing can be held on Plaintiffs' prayer for relief for a preliminary injunction,

defendants will seek to civilly commit Plaintiff or Plaintiffs at any time, without appropriate due process protection, said action incapacitating Plaintiffs in their ability to prosecute this action against the state given statutory restrictions on civil commitees acting as pro se litigants and the absence of any legal assistance or law library at the Special Treatment Unit at Kearny, to assist Plaintiffs in their prosecution of this § 1983 action; and

the immediate and irreparable loss of freedom and psychological damage that would be attendant to any such commitment.

The Court is of the opinion that the Temporary Restraining Order should be issued as specified below:

IT IS ORDERED that:

1. Defendants, their officers, agents, employees, successors, attorneys and all those in active concert or participation with them, are enjoined and restrained, or otherwise ordered to comply as enurnerated below, under Fed.R.Civ.P. 65, until such time as Plaintiffs' prayer for relief for a preliminary injunction can be heard and determined, as follows:

a.	Defendants are barred from presenting any clinical certificates designating a Plaintiff as a sexually violent predator, in support of an order of temporary civil commitment under N.J.S.A. 30:4-27 et seq., that has been obtained without affording the Plaintiff opportunity to have the screening evaluation electronically recorded, or 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 (specifically, Defendants Harris, Siegel, and Shnaidman). _______SO ORDERED _______DENIED
b.	Defendants are 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 Correctional Medical Services, Public Safety Concepts, or Department of Corrections and who have been appointed as Special Masters by the Court. _______SO ORDERED _______DENIED
c.	This Court IMPOUNDS 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, and any other records that are or may be used in the civil commitment screening process pursuant to N.J.S.A. 30:4-27 et seq. _______SO ORDERED _______DENIED
d.	This Court ORDERS the surrender of all such impounded records to a Special Master as appointed by the Court, within 5 days of request of such records by a designated Special Master. Upon notice to this Court that Defendants will not seek to civilly commit a plaintiff, the Court will order the release of that plaintiff's impounded records. _______SO ORDERED _______DENIED
e.	This Court ORDERS Thomas Farrell, Director of Medical Services for Department of Corrections, to provide the names of five ( 5) Board Certified Psychiatrists, not in the employ of, or under contract to or with, the Department of Corrections, Public Safety Concepts, or Correctional Medical Services, for consideration by the Court as Special Masters, said names to be provided to the Court and to the Plaintiffs, no later than three (3) days prior to the date of the hearing on the Preliminary Injunction as set forth herein. _______SO ORDERED _______DENIED
f.	This Court ORDERS the Plaintiffs to submit the names of any Board Certified Psychiatrists that the Plaintiffs wish this Court to consider as Special Masters, to this Court and to Defendant Farrell, no later than three (3) days prior to the date of the hearing on the Preliminary Injunction as set forth herein. _______SO ORDERED _______DENIED
g.	Defendants are ordered to provide to any Plaintiff who so requests, a means of electronic recording, using currently available electronic recording devices from the institution, that 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. _______SO ORDERED _______DENIED

2. Plaintiffs' motion for preliminary injunction will be heard by this court at _________ a.m. on ________________, 2003.

3. This ORDER is hereby issued by this Court at a.m. on ________________, 2003, and is effective immediately upon service to the Defendants.

4. Plaintiffs, as pro se litigants, having filed as an indigent litigant, are not required to post bond or other security.

5. The Temporary Restraining Order issued herein will expire on ________________,2003, unless within such time the order is extended for good cause shown, or unless defendant consents to an extension.

6. _______________________ is hereby appointed as attorney of record for the Plaintiffs and Class identified in the underlying complaint.

7. A copy of this order shall be immediately served by the U.S. Marshall on defendants.

BY:_______________________

DATE: ________________, 2003