Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 1 of 19 PageID: 1

Edward Barocas, Esq. (EB8251) AMERICAN CIVIL LIBERTIES UNION
OF NEW JERSEY FOUNDATION P.O. Box 32159 Newark, New Jersey 07102 (973) 642-2086 ebarocas@aclu-nj .org

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY CAMDEN VICINAGE

JOEL BARNES,

)

Plaintiff, vs.

) CIVIL ACTION ) ) Docket No.

KEVIN MICHAEL PARRY; JASON STETSER; ROBERT BAYARD; ANTONIO FIGUEROA; DAN MORRIS; DOES 1-10; CAMDEN POLICE DEPARTMENT; CAMDEN COUNTY PROSECUTOR WARRENFAULK;andATTORNEY GENERAL OF NEW JERSEY PAULA DOW,

) ) ) ) ) ) ) )

COMPLAINT

Defendants.

)

Plaintiff Joel Barnes, by way of Complaint against the Defendants, says as follows:

PRELIMINARY STATEMENT 1. Our criminal justice system hinges on the honesty oflaw-enforcement
officials. The public and the judiciary depend on the integrity ofpolice officers. When officers transgress clear ethical boundaries, society loses faith in the fairness of the criminal process. When officers lie to obtain a conviction, they needlessly shatter the lives of the people they erroneously condemn.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 2 of 19 PageID: 2
2. This case stems from one of the most serious forms of police misconduct: the planting of evidence on an innocent person in order to send him to prison. As a result of such deliberate acts of Camden police officers, Plaintiff Joel Barnes was incarcerated for nearly 1 year and 2 months for a drug-possession crime he did not commit. While Mr. Barnes can never regain the 419 days ofhis life he lost in jail and prison, this civil action will allow him to be compensated for his loss of liberty and the trauma that Defendants inflicted on him.
JURISDICTION AND VENUE 3. This Court has federal-question jurisdiction over claims arising under 42
U.S.C. § 1983 pursuant to 28 U.S.C. § 1331. 4. Supplemental jurisdiction over Mr. Barnes's state claims exists pursuant to 28
U.S.C. § 1367(a). 5. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2), on the
ground that the events leading to the violations of law described herein occurred in this District. 6. There is an actual controversy between Plaintiff and Defendants within the meaning ofthe Declaratory Judgment Act, 28 U.S.C. §§ 2201,2202 and Federal Rule of Civil Procedure 57.
PARTIES 7. Plaintiff Joel Barnes is an adult citizen of the State ofNew Jersey. He resides
in Camden, New Jersey. 8. Defendant Kevin Michael Parry was, at all times relevant to this Complaint, a
duly appointed and acting police officer of the Camden Police Department

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 3 of 19 PageID: 3
("CPD"). As such, he acted under color oflaw pursuant to the statutes, ordinances, regulations, policies, and customs ofthe City of Camden and the State ofNew Jersey. Defendant Parry is sued in his official and individual capacities. 9. Defendant Jason Stetser was, at all times relevant to this Complaint, a duly appointed and acting police officer of the CPD. As such, he acted under color oflaw pursuant to the statutes, ordinances, regulations, policies, and customs of the City of Camden and the State ofNew Jersey. Defendant Stetser is sued in his official and individual capacities. 10. Defendant Robert Bayard was, at all times relevant to this Complaint, a duly appointed and acting police officer of the CPD. As such, he acted under color of law pursuant to the statutes, ordinances, regulations, policies, and customs of the City of Camden and the State ofNew Jersey. Defendant Bayard is sued in his official and individual capacities. 11. Defendant Antonio Figueroa was, at all times relevant to this Complaint, a duly appointed and acting police officer of the CPD. As such, he acted under color oflaw pursuant to the statutes, ordinances, regulations, policies, and customs of the City of Camden and the State ofNew Jersey. Defendant Figueroa is sued in his official and individual capacities. 12. Defendant Dan Morris was, at all times relevant to this Complaint, a duly appointed and acting police officer of the CPD with the rank of Sergeant. As such, he acted under color of law pursuant to the statutes, ordinances, regulations, policies, and customs of the City of Camden and the State ofNew

/
Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 4 of 19 PageID: 4
Jersey. Under Sergeant Morris's supervision, control, and approval, the individual Defendants referenced above planted drugs on approximately 185 Camden residents (including Plaintiff Joel Barnes) and then arrested them for unlawful drug possession. Defendant Morris is sued in his official and individual capacities. 13. Defendants Does 1-10 were, at all times relevant to this Complaint, duly appointed and acting police officers of the CPD. As such, they acted under color of law pursuant to the statutes, ordinances, regulations, policies, and customs of the City of Camden and the State of New Jersey. Under their actions and/or supervision, control, and approval, the individual Defendants referenced above planted drugs on approximately 185 Camden residents and then attested them for unlawful drug possession. Defendant Does 1-10 are sued in their official and individual capacities. 14. Defendant Camden Police Department ("CPD") is the primary, local lawenforcement agency in Camden, New Jersey. It is charged with enforcing the penal code, among other responsibilities. As a result of CPD's acts and omissions, CPD officers planted drugs on approximately 185 Camden residents and then arrested them for unlawful drug possession. 15. Warren Faulk is the Camden County Prosecutor. At the time that the CPD officers conspired to plant drugs on Mr. Barnes and nearly 200 other individuals, the CPD was operating under the supervision of the Camden County Prosecutor's office. With proper supervision and institutional control, the Defendants would not have been able to plant drugs on Mr. Barnes and

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 5 of 19 PageID: 5
nearly 200 other individuals in Camden. To that end, Defendant Faulk is not sued as a result ofhis and his office's prosecutorial work, but rather in hisand his office's-supervisory role over the CPD. Defendant Faulk is sued in his official capacity only. 16. Paula Dow is the Attorney General of the State ofNew Jersey. At the time that the CPD officers conspired to plant drugs on Mr. Barnes and nearly 200 other individuals, the CPD was operating under the supervision of the New Jersey Attorney General. With proper supervision and institutional control, the Defendants would not have been able to plant drugs on Mr. Barnes and nearly 200 other individuals in Camden. To that end, Defendant Dow is not sued as a result of her and her office's prosecutorial work, but rather in herand her office's-supervisory role over the CPD. Defendant Dow is sued in her official capacity only.
FACTUAL ALLEGATIONS 17. On August 2, 2008, Mr. Barnes was visiting with a friend in a house located in
Camden, New Jersey. Defendants Bayard and Figueroa then entered the home without a search warrant. 18. Mr. Barnes did not own, rent, or otherwise control the house. Rather, he went to the house to ask his friend to spruce up his grandmother's backyard prior to a family gathering. 19. The officers ordered the occupants of the house to assemble in the kitchen. Mr. Barnes dutifully complied. Upon entering the kitchen, Defendant Bayard handcuffed Mr. Barnes. He pulled out the items in Mr. Barnes's pockets,

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 6 of 19 PageID: 6
consisting of a cell phone, money, and his house keys. He did not possess any drugs (or any other contraband) on his person. 20. Although he lacked any justification for detaining Mr. Barnes, Defendant Figueroa led Mr. Barnes-still handcuffed-to a police van waiting outside the home. Mr. Barnes was held in that van for approximately one hour. Every so often, Defendant Figueroa would return to the van and say: "Where's the shit at?" Each time, Mr. Barnes, surmising that Defendant Figueroa was referring to controlled substances, truthfully responded that he was unaware of any drugs in the house. 21. Defendant Figueroa finally re-approached the van and said, "We found the shit, and we're going to send you to the county [jail]." He then led Mr. Barnes to a waiting police car. 22. A short time later, Defendants Figueroa and Bayard returned to the police car and again asked Mr. Barnes "where the shit at?" Again, Mr. Barnes truthfully denied any knowledge of drugs in the home. Defendant Figueroa then pulled out a bag containing drugs and said: "Tell us where the shit at, and we'll make this disappear." Mr. Barnes pleaded with the officers, explaining what everyone knew: the bag (and its contents) were not his. 23. Defendants Figueroa and Bayard acknowledged that the bag was not Mr. Barnes's. They admonished, however, that the drugs in the bag would carry more serious criminal charges than drugs that might be in the house. Accordingly, the Defendant officers told Mr. Barnes that he would receive a shorter period of incarceration ifhe told them the location of drugs in the

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 7 of 19 PageID: 7
home. Defendant Bayard finally threatened: "If you don't start talking, my pen is going to do the talking." 24. Mr. Barnes, unaware of controlled substances in the house, could not respond with the information that Defendants Figueroa and Bayard were demanding. Accordingly, the officers on the scene, which also included Defendants Parry and Stetser, arrested Mr. Barnes for unlawful possession of a controlled substance, unlawful possession of a controlled substance with intent to distribute the substance, and unlawful possession of a controlled substance within 1,000 feet of a school zone. 25. The Defendant officers immediately transported Mr. Barnes to the Camden County Correctional Facility. He remained incarcerated at this facility until he posted bail, on August 3, 2008. 26. On January 12, 2009, Mr. Barnes pled "not guilty" to the criminal charges levied against him. However, on February 23, 2009, believing.that a jury would be far more likely to believe the officers' testimony of Mr. Barnes's purported drug possession against his own-truthful-testimony that those officers planted drugs on him, Mr. Barnes pled guilty to one count of unlawful drug possession within 1,000 feet of a school zone. 27. Under the terms ofhis plea agreement, Mr. Barnes reported to the Camden County jail on April17, 2009. Subsequently transferred to various prisons and other detention facilities, Mr. Barnes would not be a free man until the summer of2010.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 8 of 19 PageID: 8
28. On March 19, 2010, Defendant Parry pled guilty to federal charges of conspiring to deprive others of their civil rights, specifically, to deprive certain Camden residents, such as Mr. Barnes, of their right not to be deprived of their liberty without due process, their right to be free from unreasonable searches and seizures, and their right to be free from the intentional use of unreasonable force under color oflaw. Before U.S. District Judge Kugler, Parry testified that he engaged in this conspiracy with at least four other CPD officers: Figueroa, Bayard, Stetser, and Morris. Defendant Parry admitted that, among other illicit acts, he and the other officers planted drugs on innocent people and threatened certain individuals with arrest using planted evidence if they did not criminally implicate themselves or others.
29. In June 2010, Defendant Stetser also pled guilty to federal charges of conspiring to deprive others of their civil rights, specifically, to deprive certain Camden residents, such as Mr. Barnes, of their right not to be deprived of their liberty without due process, their right to be free from unreasonable searches and seizures, and their right to be free from the intentional use of unreasonable force under color oflaw. Approximately 185 criminal cases have been withdrawn and convictions vacated due to the existence of defendants' criminal conspiracy.
30. Former Camden Police Officer James Stetser, who is also the father of Defendant Jason Stetser, stated that Defendant Camden Police Department "taught" his son to take such actions.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 9 of 19 PageID: 9
31. The New Jersey Superior Court granted an unopposed motion to vacate Mr. Barnes's conviction. Mr. Barnes was released from custody on June 8, 2010.
32. As a result of defendants' actions, Mr. Barnes suffered significant damages, including, but not limited to, severe loss of liberty and emotional distress.
33. Mr. Barnes is now a free man. However, as a result of Defendants' unconstitutional acts, Mr. Barnes lost 419 days of his life. For one year, one month, and 24 days, Mr. Barnes was confined against his will based on the admittedly unlawful actions of the Defendant officers and the governmental entities that failed to restrain them.
FIRST CLAIM FOR RELIEF VIOLATIONS OF THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION
(FALSE ARREST)
ACTIONABLE PURSUANT TO 42 U.S.C. § 1983
AGAINST ALL DEFENDANTS
34. Mr. Barnes realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
35. The Fourth Amendment provides: "The right of the people to be secure in their persons, houses, ... and effects, against unreasonable ... seizures, shall not be violated, and no warrants shall issue, but upon probable cause ...."
36. Defendants' actions violate the Fourth Amendment to the U.S. Constitution, which prohibits arrest without probable cause. Acting individually and in concert, Defendants-through their own actions and/or their policies and supervision, or the lack thereof-planted drugs on (i.e., fabricated evidence against) Mr. Barnes and illegally arrested him.
37. As a result of Defendants' actions, Mr. Barnes was falsely arrested for crimes

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 10 of 19 PageID: 10
he did not commit. Defendants' drug planting violated clearly established law; no reasonable police officer would believe that these actions were lawful.
SECOND CLAIM FOR RELIEF VIOLATIONS OF ARTICLE I, SECTION 7 OF THE NEW JERSEY CONSTITUTION
(FALSE ARREST)
ACTIONABLE DIRECTLY AND PURSUANT TO N.J.S.A. 10:6-1 ET SEQ.
AGAINST ALL DEFENDANTS
38. Plaintiffrealleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
39. Article I, Section 7 ofthe New Jersey Constitution provides: "The right ofthe people to be secure in their persons, houses, ... and effects against unreasonable ... seizures, shall not be violated; and no warrant shall issue except upon probable cause ...."
40. Defendants' actions violate the New Jersey Constitution, which prohibits arrest without probable cause. Acting individually and in concert, Defendants-through their own actions and/or their policies and supervision, or the lack thereof-planted drugs on (i.e., fabricated evidence against) Mr. Barnes and illegally arrested him.
41. As a result of Defendants' actions, Mr. Barnes was falsely arrested for crimes he did not commit. Defendants' drug planting violated clearly established law; no reasonable police officer would believe that these actions were lawful.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 11 of 19 PageID: 11
THIRD CLAIM FOR RELIEF VIOLATIONS OF THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION
{PRE-CONVICTION MALICIOUS PROSECUTION)
ACTIONABLE PURSUANT TO 42 U.S.C. § 1983
AGAINST ALL DEFENDANTS
42. Plaintiff realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
43. The Fourth Amendment provides: "The right of the people to be secure in their persons, houses, ... and effects, against unreasonable . . . seizures, shall not be violated, and no warrants shall issue, but upon probable cause ...."
44. Defendants' actions violate the Fourth Amendment to the U.S. Constitution, which prohibits the wrongful institution oflegal process. Acting individually and in concert, Defendants-through their own actions and/or their policies and supervision, or the lack thereof--planted drugs on Mr. Barnes, falsely arrested him, and provided the prosecution with faulty evidence. As such, Defendants wrongly instituted a legal process against Mr. Barnes in violation of the Fourth Amendment.
45. Defendants' actions subjected Mr. Barnes to pre-conviction malicious prosecution for crimes he did not commit. But for Defendants' conduct, Mr. Barnes would not have endured the wrongful institution of legal process and the detention that resulted therefrom. Defendants' actions violated clearly established law; no reasonable police officer would believe that these actions were lawful.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 12 of 19 PageID: 12
FOURTH CLAIM FOR RELIEF VIOLATIONS OF ARTICLE I, SECTION 7 OF THE NEW JERSEY CONSTITUTION
(PRE~CONVICTION MALICIOUS PROSECUTION) ACTIONABLE DIRECTLY AND PURSUANT TO N.J.S.A.10:6~1 ET SEQ.
AGAINST ALL DEFENDANTS
46. Plaintiffrealleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
47. Article I, Section 7 of the New Jersey Constitution provides: "The right of the people to be secure in their persons, houses, ... and effects against unreasonable ... seizures, shall not be violated; and no warrant shall issue except upon probable cause ...."
48. Defendants' actions violate Article I, Section 7 of the New Jersey Constitution, which prohibits the wrongful institution of legal process. Acting individually and in concert, Defendants-through their own actions and/or their policies and supervision, or the lack thereof-planted drugs on Mr. Barnes, falsely arrested him, and provided the prosecution with faulty evidence. As such, Defendants wrongly instituted a legal process against Mr. Barnes in violation of the New Jersey Constitution.
49. Defendants' actions subjected Mr. Barnes to pre-conviction malicious prosecution for crimes he did not commit. But for Defendants' conduct, Mr. Barnes would not have endured the wrongful institution oflegal process and the detention that resulted therefrom. Defendants' malicious actions violated clearly established law; no reasonable police officer would believe that these actions were lawful.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 13 of 19 PageID: 13
FIFTH CLAIM FOR RELIEF VIOLATIONS OF THE FOURTH AND FOURTEENTH AMENDMENTS TO THE U.S.
CONSTITUTION (POST-CONVICTION MALICIOUS PROSECUTION)
ACTIONABLE PURSUANT TO 42 U.S.C. § 1983
AGAINST ALL DEFENDANTS
50. Plaintiff realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
51. The Fourteenth Amendment, Section 1, provides: "No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person oflife, liberty, or property, without due process oflaw .... " (The Fourth Amendment to the U.S. Constitution is recited, in part, above.)
52. Defendants' actions violate the Fourth and Fourteenth Amendments to the U.S. Constitution, which prohibit post-conviction incarceration that results from malicious prosecution. Acting individually and in concert, Defendants-through their own actions and/or their policies and supervision, or the lack thereof--planted drugs on Mr. Barnes, falsely arrested him and instituted his malicious prosecution, all of which led to his wrongful incarceration. As a result of Defendants' institution of a malicious prosecution premised on a false arrest, Mr. Barnes endured post-conviction incarceration.
53. Defendants' actions subjected Mr. Barnes to post-conviction malicious prosecution for crimes he did not commit. But for Defendants' conduct, Mr. Barnes would not have endured the wrongful institution of legal process and the incarceration that resulted therefrom. Defendants' malicious actions

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 14 of 19 PageID: 14
violated clearly established law; no reasonable police officer would believe that these actions were lawful.
SIXTH CLAIM FOR RELIEF VIOLATIONS OF ARTICLE I, SECTIONS 1 AND 7 OF THE NEW JERSEY CONSTITUTION
(POST-CONVICTION MALICIOUS PROSECUTION) ACTIONABLE DIRECTLY AND PURSUANT TO N.J.S.A.l0:6-l ET SEQ.
AGAINST ALL DEFENDANTS
54. Plaintiffrealleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
55. Article I, Section 1 of the New Jersey Constitution provides: "All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness." (Article 1, Section 7 ofthe New Jersey Constitution is recited, in part, above.)
56. Defendants' actions violate Article I, Sections 1 and 7 oflhe New Jersey Constitution, which prohibit post-conviction incarceration that results from malicious prosecution. Acting individually and in concert, Defendantsthrough their own actions and/or their policies and supervision, or the lack thereof-planted drugs on Mr. Barnes, falsely arrested him, and instituted his malicious prosecution, all of which led to his wrongful incarceration. As a result of Defendants' institution of a malicious prosecution premised on a false arrest, Mr. Barnes endured post-conviction incarceration.
57. Defendants' actions subjected Mr. Barnes to post-conviction malicious prosecution for crimes he did not commit. But for Defendants' conduct, Mr.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 15 of 19 PageID: 15
Barnes would not have endured the wrongful institution of legal process and the incarceration that resulted therefrom. Defendants' malicious actions violated clearly established law; no reasonable police officer would believe that these actions were lawfuL
SEVENTH CLAIM FOR RELIEF
VIOLATIONS OF THE FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION (SUBSTANTIVE DUE PROCESS)
ACTIONABLE PURSUANT TO 42 U.S.C. § 1983
AGAINST ALL DEFENDANTS
58. Mr. Barnes realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
59. The Fourteenth Amendment to the U.S. Constitution encompasses a substantive component. This portion of the Fourteenth Amendment prohibits officials' actions that shock the conscience and/or upset the balance of "ordered liberty."
60. If any action by a police officer shocks the conscience, it is the planting of evidence on an innocent person in order to arrest him. There can be no "ordered liberty'' when police officers manufacture evidence against innocent people and send them to prison for crimes they did not commit. Defendantsthrough their own actions and/or their policies and supervision, or the lack thereof-violated clearly established law; no reasonable police officer would believe that these actions were lawfuL

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 16 of 19 PageID: 16
EIGHTH CLAIM FOR RELIEF VIOLATIONS OF THE ARTICLE I, SECTION 1 OF THE NEW JERSEY CONSTITUTION
{SUBSTANTIVE DUE PROCESS) ACTIONABLE DIRECTLY AND PURSUANT TO N.J.S.A.10:6-1 ET SEQ.
AGAINST ALL DEFENDANTS
61. Mr. Barnes realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
62. Article I, Section 1 of the New Jersey Constitution encompasses a substantive component. This portion of the New Jersey Constitution prohibits officials' actions that shock the conscience and/or upset the balance of"ordered liberty."
63. If any action by a police officer shocks the conscience, it is the planting of evidence on an innocent person in order to arrest him. There can be no "ordered liberty" when police officers manufacture evidence against innocent people and send them to prison for crimes they did not commit. Defendantsthrough their own actions and/or their policies and supervision, or the lack thereof-violated clearly established law; no reasonable police officer would believe that these actions were lawful.
NINTH CLAIM FOR RELIEF
CONSPIRACY TO VIOLATE CIVIL RIGHTS
ACTIONABLE PURSUANT TO 42 U.S.C. § 1983
AGAINST ALL DEFENDANTS
64. Plaintiff realleges and incorporates by reference, as though fully contained herein, the allegations set forth in paragraphs 1 through 33, above.
65. A civil conspiracy is a combination of two or more persons acting in concert to commit an individual act. The principal elements of the conspiracy are an

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 17 of 19 PageID: 17
agreement between the parties to inflict a wrong against another, and an overt act that results in damage. 66. Defendants, acting within the scope of their employment and under color of law, agreed among themselves and with other individuals to act in concert to deprive Mr. Barnes ofhis clearly established federal and state constitutional rights, as alleged above. 67. In furtherance ofthe conspiracy, CPD and each CPD officer Defendant engaged in and facilitated numerous overt acts, including, without limitation, the following:
1. One or more of the individual Defendants planted drugs on (i.e., deliberately fabricated evidence against) Mr. Barnes and then in concert proceeded to arrest him for a crime he did not commit.
n. The individual Defendants continued to lie to prosecutors regarding Mr. Barnes's purported guilt, and they intentionally failed to disclose exculpatory evidence to these prosecutors, all of which resulted in physical and emotional injury to Mr. Barnes.
68. As a result of Defendants' conspiracy and actions in furtherance thereof, Mr. Barnes was falsely incarcerated and suffered numerous other injuries-all for crimes he did not commit. But for Defendants' conduct-their own actions and/or their policies and supervision, or the lack thereof-Mr. Barnes would not have endured these serious injuries and violations ofhis constitutional rights.

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 18 of 19 PageID: 18

PRAYER FOR RELIEF WHEREFORE, Mr. Barnes respectfully prays that this Court:

A. Issue a declaratory judgment stating that Defendants have violated the

United Stated and/or New Jersey State Constitutions;

B. Award compensatory damages to him and against Defendants, jointly

and severally;

C. Award punitive damages to him, and against all individual Defendants,

in an amount to be determined at trial;

D. Award pre-judgment and post-judgment interest and recovery of his

costs, as well as reasonable attorneys' fees, pursuant to 42 U.S.C.

§ 1988, N.J.S.A. 10:6-2, and other applicable laws;

E. Issue an injunction that will mandate institutional changes so that such

injustice does not occur again at the expense of Mr. Barnes and/or

Camden's other residents; and

F. Order such other relief as this Court deems just and proper.

DESIGNATION OF TRIAL COUNSEL

Mr. Barnes hereby designates Ed Barocas, Esq., of the American Civil Liberties

Union ofNew Jersey Foundation, as trial counsel.

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY FOUNDATION
P.O. Box 32159 Newark, New Jersey 07102 (973)642-2086 ebarocas@aclu-nj .org

Dated: July 29, 2010

By: /s/ Edward Barocas Edward Barocas, Esq. (EB8251) Attorney for Plaintiff Joel Barnes

Case 1:10-cv-03827-RBK-JS Document 1 Filed 07/29/10 Page 19 of 19 PageID: 19

CERTIFICATION OF OTHER ACTIONS The undersigned hereby certifies that the matter in controversy is not the subject of any other action pending in any court, arbitration, or administrative proceeding.

July 29, 2010

Is/ Edward Barocas Edward Barocas, Esq. (EB8251) AMERICAN CIVIL LIBERTIES UNION
OF NEW JERSEY FOUNDATION P.O. Box 32159 Newark, New Jersey 07102 (973 )642-2086 ebarocas@aclu-nj .org

 
 Case 1:10-cv-03827-RBK-JS Document 68 Filed 01/29/13 Page 1 of 4 PageID: 541

MICHAEL O'BRIEN, COURT EXECUTIVE TRIAL COURT ADMINISTRATOR
LOUIS R. NARYAEZ, JR. VICINAGE CHIEF PROBATION OFFICER
FERN AARONSON ASSISTANT CHIEF PROBATION OFFICER
ROSANNE MARTIN ASSISTANT CHIEF PROBATION OFFICER
WILLIAM NITZ ASSISTANT CHIEF PROBATION OFFICER
TOYIA WALKER ASSISTANT CHIEF PROBATION OFFICER
GILBERTO VELASQUEZ ASSISTANT CHIEF PROBATION OFFICER

CHILD SUPPORT
EXECUTIVE CAMPUS
BLDG #5, SUITE 200, RT. 70 POST OFFICE BOX 8107 CHERRY HILL, NJ 08002 (856)661-2626

January 23, 2013
Clerk of Court Mitchell H. Cohen Bldg 4th & Cooper Sts. Camden, NJ 08101
RE: Camden Police Case
To Whom It May Concern::
Per my telephone conversation with Brian on January 15, this is a request for a list of the 87 Plaintiffs who will receive a $3.5 million settlement due to the lawsuit against the Camden Police Department. I have enclosed a copy of the Courier Post newspaper article for your reference.
N.J.S.A . 2A:17-56.23b obligates the parties or beneficiaries, estate representatives, their attorneys and insurance carriers to search the child support judgment docket to determine whether the prevailing party or beneficiary is a child support debtor prior to disbursing the net proceeds of any settlement negotiated prior or ~ubsequent to the filing of a lawsuit, civil judgment, civil arbitration award, inheritance, or workers' compensation award. Unfortunately, sometimes this does not always happen.
If you need further assistance, please contact me at 856-661-2723.
~
'"Susan Smith Supervisor II

CamdeCn apspero1v:1es0-$c3v.5-0M38p2ay7o-RutBIKC-oJuSrierD-PoocsutmIceonutri6e8rpoFstiolendlin0e1.c/2o9m/13 Page 2 of 4 PagPeaIgDe: 154o2f5

CLASSIFIED$: JOBS CARS HOMES APARTMENTS GROCERY COUPONS CLASSIFIED$

LOC

News Spo1is Photos & Video Living E

FEATURED: Historic galleries Homicide Record N.J. Public Records Gaming House Hunter

AD VI

Camden approves $3.5M payout
87 sued the city for false arrests

IIIli..
Jan 10, 2013 1 Comments
AA

Written by George Mast Courier-Post Staff
FILED UNDER
News South Jersey News

Camden City Council has authorized a $3.5 million settlement payout to 87 people who sued the city's police department on claims they were falsely arrested by rogue Camden police officers, city officials confirmed Wednesday.
The city will pay out $1.88 million and its insurance provider will cover the remaining $1.66 million, according to city spokesman Robert Corrales.
In documents filed in the cases Wednesday, U.S. District Judge Robert Kualer ordered the oavout be comoleted bv Feb. 15.

Related Links
A look back: Camden Catholic High School

http://www.courierpostonline.com/apps/pbcs.dll/article?AID=20 13301100017

1124/2013

CamdenCaapspero1v:1es0$-c3v.5-0M38p2ay7o-RutBIKC-oJuSrierD-PoocsutmIceonutri6e8rpoFstiolendlin0e1.c/2o9m/13 Page 3 of 4 PagPeaIgDe: 254o3f5
According to Corrales, one other related lawsuit against the department was not settled. Information about that case was not immediately available late Wednesday.
The American Civil Liberties Union's New Jersey Chapter issued a notice Wednesday evening that the settlement will pay damages to those "whose convictions were overturned because of egregious misconduct committed by a group of officers in the Camden Police Department."
Attorneys for the ACLU are expected to discuss the settlement today. The ACLU represented a Camden man in his lawsuit against police.
The federal lawsuits began two years ago as authorities started to unravel years of corruption and false arrests by a group of narcotics officers. In all, approximately 200 drug cases were dropped as authorities determined the credibility of the officers' work had been called into question.
In some cases, men who had spent months in jail for drug charges were suddenly released and their convictions cleared.
According to earlier court filings, the average length of incarceration for the dozens of plaintiffs was 510 days. Together, the group spent a collective 107 years in prison.
Individual settlement payouts were expected to be based on a formula that considered the plaintiffs' length of incarceration.
A state law, which wouldn't apply to the settlement reached in

http://www.courierpostonline.com/apps/pbcs.dll!article?AID=2013301100017

1124/2013

CamdeCn aapspero1v:1es0-$c3v.5-0M38p2ay7o-RutBIKC-oJuSrierD-PoocsutmIceonutri6e8rpoFstiolendlin0e1.c/2o9m/13 Page 4 of 4 PagPeaIgDe: 354o4f5
federal court this week, sets compensation at $54.79 per day for those wrongly imprisoned. At least 11 settlement agreements have been reached in state court cases related to the alleged false arrests, with damages totaling $340,000.
The cases, most filed in federal court, were consolidated for efficiency and continued to grow in number over the past years.
Three of the officers involved in the corruption - Dan Morris, Kevin Parry and Jason Stetser- pleaded guilty in 2010 and testified in the December 2011 trial of a fourth officer, Antonio Figueroa.
During their plea hearings and Figueroa's trial, the officers' testimony added credence to some of the lawsuits as specific instances were described where the officers arrested suspects with planted drugs and illegal searches. Figueroa was convicted in the trial, but a fifth officer, Robert Bayard, was acquitted.
Stetser, the last remaining officer to be sentenced, is scheduled to find out his jail term in federal court in Camden next Thursday. Sentences for the other officers have ranged from eight months to 10 years in federal prison.
Reach George Mast at (856) 486-2465.
View Comments (
) I Share your thoughts »
TOP VIDEO PICKS

http://www.courierpostonline.com/apps/pbcs.dll/article?AID=20 13301100017

1124/2013

 
 Case 1:10-cv-03827-RBK-JS Document 67 Filed 01/11/13 Page 1 of 1 PageID: 540

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JOEL BARNES

:

Plaintiff(s),

:

CIVIL #10-03827 (RBK)

:

-vs-

:

ORDER OF DISMISSAL

: KEVIN MICHAEL PARRY, et al.
: Defendant(s).
: -------------------------------------------------------------------

It having been reported to the Court that the above-captioned action has

been settled;

It is on this11th Day of January 2013 ;

ORDERED that this action is hereby dismissed without costs and without

prejudice to the right, upon good cause shown, within 60 days, to reopen this action if the

settlement is not consummated. The terms of the settlement agreement are incorporated herein

by reference and the Court shall retain jurisdiction over such agreement.

s/Robert B. Kugler United States District Judge

cc: Hon. Joel Schneider, U.S. Magistrate Judge

.

All Counsel on Record

File

 
 Case 1:10-cv-03827-RBK-JS Document 59 Filed 08/18/11 Page 1 of 2 PageID: 507

NOT FOR PUBLICATION

(Doc.

Nos. 32)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

ORDER

___________________________________

:

In Re: CAMDEN POLICE CASES

:

___________________________________ :

:

JOEL BARNES,

:

:

Plaintiff,

:

:

v.

:

:

KEVIN PARRY; JASON STETSER;

:

ROBERT BAYARD; ANTONIO

:

FIGUEROA; DAN MORRIS; DOES 1-10; :

CAMDEN POLICE DEPARTMENT;

:

CAMDEN COUNTY PROSECUTOR

:

WARREN FAULK; and ATTORNEY

:

GENERAL OF NEW JERSEY PAULA :

DOW,

:

:

Defendants.

:

___________________________________ :

Civil No. 11-1315 (RBK/JS) Civil No. 10-3827 (RBK/JS)

THIS MATTER having come before the Court upon the motion by Defendant Camden

County Prosecutor Warren Faulk to dismiss Plaintiff Joel Barnes’s claims against him pursuant

to Federal Rule of Civil 12(b)(1) and Rule 12(b)(6), (Doc. No. 32); and the Court having

considered the parties’ submissions:

IT APPEARING TO THE COURT that Plaintiff’s claims stem from the alleged

misconduct of five former Camden City Police Officers (the “Police Officers”); and

IT FURTHER APPEARING TO THE COURT that Plaintiff asserts claims against

Defendant Faulk pursuant to 42 U.S.C. § 1983, the New Jersey Civil Rights Act, and the New

1

Case 1:10-cv-03827-RBK-JS Document 59 Filed 08/18/11 Page 2 of 2 PageID: 508
Jersey Constitution for violation of Plaintiff’s civil rights based on Defendant Faulk’s alleged failure to properly train and supervise the Police Officers; and
IT FURTHER APPEARING TO THE COURT that Plaintiff sues Defendant Faulk “in his official capacity only,” (Compl. ¶ 15); and
IT FURTHER APPEARING TO THE COURT that Defendant Faulk represents to the Court that “[t]he State of New Jersey. . . has agreed to provide a defense and indemnify the Prosecutor’s Office,” (Doc. No. 53, Pl.’s Reply Br. at 3); and
THE COURT NOTING that suits against public officials in their official capacities are just “another way of pleading an action against an entity of which an officer is an agent,” Hafer v. Melo, 502 U.S. 21, 25 (1991) (internal quotation marks and citation omitted); and
THE COURT NOTING FURTHER that the Court previously held that suits against the Camden County Prosecutor’s Office stemming from the Police Officer’s alleged misconduct are barred by the Eleventh Amendment where the State has indemnified the Prosecutor’s Office, see Brown v. City of Camden, 10-CV-4757 (Doc. No. 36, Opinion, at 18-19);
IT IS HEREBY ORDERED that, for the reasons stated in the Court’s above-referenced Opinion, Defendant Faulk’s motion to dismiss is GRANTED; and
IT IS HEREBY FURTHER ORDERED that, for the reasons stated in the Court’s above-referenced Opinion, Plaintiff’s claims against Defendant Faulk are dismissed.

Dated: 8/18/2011

/s/

ROBE

United

Robert B. Kugler RT B. KUGLER States District Judge
2

 
 Case 1:10-cv-03827-RBK-JS Document 58 Filed 06/22/11 Page 1 of 2 PageID: 505

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

___________________________________

:

IN RE: CAMDEN POLICE CASES

:

:

:

Civil No. 11-cv-1315 (RBK/JS)

:

:

ORDER

___________________________________ :

This matter comes before the Court upon the motion by Defendants State of New Jersey, New Jersey Department of Treasury, New Jersey Attorney General’s Office, and Attorney General Paula Dow, former Attorney General Stuart Rabner, former Attorney General Anne Milgram to dismiss the claims against them in Civil Nos. 09-1555, 10-1372, 10-2576, 10-3274 [Doc. No. 14], 10-3732 [Doc. No. 4], 10-3827 [Doc. No. 31], 10-4283, 10-4288 [Doc. No. 26], 10-4379, 10-4453 [Doc. No. 17], 10-4757 [Doc. No. 13], 10-5474 [Doc. No. 15], 10-6073 [Doc. No. 14], 10-6188 [Doc. No. 15], 10-6277 [Doc. No. 16], 10-6294 [Doc. No. 13], 10-6389 [Doc. No. 9], 10-6390 [Doc. No. 13], 10-6664, 10-6665, 10-6666, 10-6667, 10-6669, 10-6670, 106671, 10-6672, 10-6674, 10-6675, 10-6677, 10-6833, 11-28 [Doc. No. 13], 11-29 [Doc. No. 13], 11-30 [Doc. No. 13], 11-327, 11-495, 11-496, 11-512, 11-513, 11-651, 11-656, 11-781, 11-891, 11-959, 11-971; and it appearing to the Court that Plaintiffs’ counsel consents to dismissal and entry of order;
IT IS HEREBY ORDERED that all claims against the State of New Jersey, New Jersey Department of Treasury, New Jersey Attorney General’s Office, Attorney General Paula Dow, former Attorney General Stuart Rabner, and former Attorney General Anne Milgram are hereby dismissed without prejudice; and it is further
1

Case 1:10-cv-03827-RBK-JS Document 58 Filed 06/22/11 Page 2 of 2 PageID: 506
ORDERED that all questions as to applicability of the statute of limitations shall be decided in the Superior Court of New Jersey.

Date:___6/22/11_______

_/s/_Robert B. Kugler_ ROBERT B. KUGLER United States District Judge

2

 
 Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 1 of 8
CLOSED,CPC,SCHEDO
U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:10−cv−03827−RBK−JS

BARNES v. PARRY et al Assigned to: Judge Robert B. Kugler Referred to: Magistrate Judge Joel Schneider Cause: 28:1331 Federal Question: Other Civil Rights
Movant
UNITED STATES TERMINATED: 01/04/2012

Date Filed: 07/29/2010 Date Terminated: 01/11/2013 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff JOEL BARNES

represented by ALEXANDER R. SHALOM AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY P.O. BOX 32159 NEWARK, NJ 07102 973−642−2086 Email: ashalom@aclu−nj.org ATTORNEY TO BE NOTICED

EDWARD L. BAROCAS AMERICAN CIVIL LIBERTIES UNION OF NJ FOUNDATION P.O. BOX 32159 NEWARK, NJ 07102 (973) 642−2086 Fax: (973) 642−6253 Email: ebarocas@aclu−nj.org ATTORNEY TO BE NOTICED

V. Defendant KEVIN MICHAEL PARRY
Defendant JASON STETSER
Defendant ROBERT BAYARD
Defendant ANTONIO FIGUEROA
Defendant DAN MORRIS
Defendant DOES 1−10
Defendant CAMDEN POLICE DEPARTMENT

represented by JOHN C. EASTLACK , JR. WEIR &PARTNERS LLP

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 2 of 8

THE LIBERTY VIEW BUILDING 457 HADDONFIELD ROAD, SUITE 310 CHERRY HILL, NJ 08002 (856) 662−1018 Fax: (856) 662−1592 Email: mbateman@weirpartners.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

SAMUEL J. MYLES HOLSTON,MACDONALD, UZDAVINIS &ZIEGLER, PC 66 EUCLID STREET PO BOX 358 WOODBURY, NJ 08096 (856) 848−5858 Email: smyles@holstonlaw.com TERMINATED: 12/03/2010 ATTORNEY TO BE NOTICED

Defendant CAMDEN COUNTY PROSECUTOR

represented by MATTHEW J. BEHR MARSHALL, DENNEHEY, WARNER, COLEMAN &GOGGIN 200 LAKE DRIVE EAST SUITE 300 CHERRY HILL, NJ 08002 (856) 414−6000 Email: mjbehr@mdwcg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
WARREN FAULK TERMINATED: 08/18/2011

represented by MATTHEW J. BEHR (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
ATTORNEY GENERAL OF NEW JERSEY PAULA DOW TERMINATED: 06/22/2011

represented by BRIAN G. FLANAGAN OFFICE OF THE NJ ATTORNEY GENERAL RJ HUGHES JUSTICE COMPLEX 25 MARKET STREET PO BOX 112 TRENTON, NJ 08625 (609) 777−3410 Email: brian.flanagan@dol.lps.state.nj.us ATTORNEY TO BE NOTICED

DAVID B. BENDER OFFICE OF THE NJ ATTORNEY GENERAL DIVISION OF LAW &PUBLIC SAFETY 25 MARKET STREET PO BOX 112 TRENTON, NJ 08625−0112 (609) 777−3410 Email: david.bender@law.dol.lps.state.nj.us TERMINATED: 12/06/2010 ATTORNEY TO BE NOTICED

Cross Claimant

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 3 of 8

CAMDEN POLICE DEPARTMENT

represented by JOHN C. EASTLACK , JR. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

SAMUEL J. MYLES (See above for address) TERMINATED: 12/03/2010 ATTORNEY TO BE NOTICED

V. Cross Defendant ATTORNEY GENERAL OF NEW JERSEY PAULA DOW TERMINATED: 06/22/2011
Cross Defendant ROBERT BAYARD Cross Defendant CAMDEN COUNTY PROSECUTOR Cross Defendant DOES 1−10 Cross Defendant WARREN FAULK Cross Defendant ANTONIO FIGUEROA

represented by BRIAN G. FLANAGAN (See above for address) ATTORNEY TO BE NOTICED
DAVID B. BENDER (See above for address) TERMINATED: 12/06/2010 ATTORNEY TO BE NOTICED

Date Filed 07/29/2010
07/29/2010
10/05/2010

# Docket Text
1 COMPLAINT against ATTORNEY GENERAL OF NEW JERSEY PAULA DOW, ROBERT BAYARD, CAMDEN COUNTY PROSECUTOR, CAMDEN POLICE DEPARTMENT, DOES 1−10, WARREN FAULK, ANTONIO FIGUEROA, DAN MORRIS, KEVIN MICHAEL PARRY, JASON STETSER ( Filing fee $ 350 receipt number 0312−3245340.), filed by JOEL BARNES. (Attachments: # 1 Civil Cover Sheet)(nz, ) (Entered: 07/30/2010)
2 SUMMONS ISSUED as to ATTORNEY GENERAL OF NEW JERSEY PAULA DOW, ROBERT BAYARD, CAMDEN COUNTY PROSECUTOR, CAMDEN POLICE DEPARTMENT, WARREN FAULK, ANTONIO FIGUEROA, DAN MORRIS, KEVIN MICHAEL PARRY, JASON STETSER Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Nicholas Zotti* (nz, ) (Entered: 07/30/2010)
3 ANSWER to Complaint with Jury Demand, CROSSCLAIM against ATTORNEY GENERAL OF NEW JERSEY PAULA DOW, ROBERT BAYARD, CAMDEN COUNTY PROSECUTOR, DOES 1−10, WARREN FAULK, ANTONIO FIGUEROA by CAMDEN POLICE DEPARTMENT.(MYLES, SAMUEL) (Entered: 10/05/2010)

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 4 of 8

10/05/2010 10/12/2010 10/14/2010 10/14/2010 10/22/2010 10/28/2010 10/28/2010 10/29/2010 11/01/2010 11/08/2010 11/09/2010 11/15/2010 11/18/2010
11/23/2010 11/23/2010 11/23/2010

4 LETTER ORDER, Status/Management Conference set for 11/15/2010 at 2:00 PM in Camden − Courtroom 3C before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 10/5/10. (js) (Entered: 10/05/2010)
5 ORDER REASSIGNING CASE. Case reassigned to Judge Judge Robert B. Kugler for all further proceedings. Judge Judge Noel L. Hillman no longer assigned to case. Signed by Chief Judge Garrett E. Brown, Jr. on 10/12/10. (js) (Entered: 10/12/2010)
6 Application and Proposed Order for Clerk's Order to extend time to answer Attorney DAVID B. BENDER for ATTORNEY GENERAL OF NEW JERSEY PAULA DOW,DAVID B. BENDER for ATTORNEY GENERAL OF NEW JERSEY PAULA DOW added. (BENDER, DAVID) (Entered: 10/14/2010)
7 Clerk's Order to extend time to answer as to ATTORNEY GENERAL OF NEW JERSEY PAULA DOW; answer due 10/28/2010. (js) (Entered: 10/14/2010)
Magistrate Judge Joel Schneider added. Magistrate Judge Karen M. Williams no longer assigned to case. (mmb, ) (Entered: 10/22/2010)
8 First MOTION for Extension of Time to File Answer by ATTORNEY GENERAL OF NEW JERSEY PAULA DOW. (Attachments: # 1 Certification, # 2 Certificate of Service, # 3 Text of Proposed Order, # 4 Statement)(BENDER, DAVID) (Entered: 10/28/2010)
Setting Deadlines as to 8 First MOTION for Extension of Time to File Answer. Motion set for 12/6/2010 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (js) (Entered: 10/28/2010)
9 ORDER granting 8 Motion for Extension of Time to Answer; answer due 11/24/10 etc. Signed by Magistrate Judge Joel Schneider on 10/29/10. (js) (Entered: 11/01/2010)
10 ORDER FOR CONSOLIDATION for discovery and case management purposes only. Signed by Magistrate Judge Joel Schneider on 11/1/10. (js) (Entered: 11/01/2010)
11 MOTION for Leave to Appear Pro Hac Vice by JOEL BARNES. (Attachments: # 1 Certification of Jay Rorty in Support, # 2 Certification of Edward Barocas in Support, # 3 Text of Proposed Order, # 4 Certificate of Service)(BAROCAS, EDWARD) (Entered: 11/08/2010)
Set Deadlines as to 11 MOTION for Leave to Appear Pro Hac Vice. Motion set for 12/6/2010 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr, ) (Entered: 11/09/2010)
12 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 11/15/2010. (Court Reporter/Recorder Theresa Mastrionni.) (dmr, ) (Entered: 11/16/2010)
13 CASE MANAGEMENT SCHEDULING ORDER: All conferences currently scheduled in the individual cases shall be deemed CANCELLED; Status/Management Conference set for 1/20/2011 at 2:00 PM in Courtroom 3C before Magistrate Judge Joel Schneider, etc.; Plts. shall serve their complaints on all defts. by 12/15/2010, etc.; Initial written discovery request shall be served by 2/28/2011, etc. Signed by Magistrate Judge Joel Schneider on 11/18/2010. (dmr) (Entered: 11/18/2010)
14 ORDER, This action is STAYED as to Deft. Jason M. Stetser only, etc. Signed by Magistrate Judge Joel Schneider on 11/23/2010. (dmr) (Entered: 11/23/2010)
15 ORDER RE: SERVICE ON STATE OF NEW JERSEY DEFENDANTS. Signed by Magistrate Judge Joel Schneider on 11/23/2010. (dmr) (Entered: 11/23/2010)
16 ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Ordered that Jay Rorty, Esquire shall make a payment of $150.00 on each admission, made payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 5 of 8

11/23/2010 11/24/2010
11/24/2010 11/24/2010 11/24/2010 11/24/2010 11/24/2010 11/24/2010 11/24/2010 11/30/2010
12/03/2010
12/06/2010 12/06/2010
12/14/2010 12/20/2010 01/14/2011

Schneider on 11/23/2010. (dmr) (Entered: 11/23/2010)
17 Letter from attorney for Plaintiff Barnes requesting Extension of Time to Serve Defendant Figueroa. (Attachments: # 1 Text of Proposed Order)(BAROCAS, EDWARD) (Entered: 11/23/2010)
18 ORDER GRANTING EXTENSION OF TIME TO SERVE, ORDERED that the time for Pltf. to serve Deft. Figueroa with the Summons and Complaint shall be extended to 1/24/2011. Signed by Magistrate Judge Joel Schneider on 11/24/2010. (dmr) (Entered: 11/24/2010)
19 AFFIDAVIT of Service for Summons and Complaint served on Attorney General of New Jersey Paula Dow on September 13, 2010, filed by JOEL BARNES. (BAROCAS, EDWARD) (Entered: 11/24/2010)
20 AFFIDAVIT of Service for Summons and Complaint served on Camden County Prosecutor Warren Faulk on September 13, 2010, filed by JOEL BARNES. (BAROCAS, EDWARD) (Entered: 11/24/2010)
21 AFFIDAVIT of Service for Summons and Complaint served on Camden Police Department (aka City of Camden) on September 13, 2010, filed by JOEL BARNES. (BAROCAS, EDWARD) (Entered: 11/24/2010)
22 AFFIDAVIT of Service for Summons and Complaint (redacted) served on Robert Bayard on October 21, 2010, filed by JOEL BARNES. (BAROCAS, EDWARD) (Entered: 11/24/2010)
23 SUMMONS Returned Executed by JOEL BARNES. DAN MORRIS served on 10/18/2010, answer due 11/8/2010. (BAROCAS, EDWARD) (Entered: 11/24/2010)
24 SUMMONS Returned Executed by JOEL BARNES. KEVIN MICHAEL PARRY served on 10/20/2010, answer due 11/10/2010. (BAROCAS, EDWARD) (Entered: 11/24/2010)
25 SUMMONS Returned Executed by JOEL BARNES. JASON STETSER served on 10/18/2010, answer due 11/8/2010. (BAROCAS, EDWARD) (Entered: 11/24/2010)
26 SECOND AMENDMENT TO CASE MANAGEMENT ORDER NO. 1, All State of NJ Defts. shall respond to Complaints, by no later than 1/14/2011; ORDERED that the Office of the Camden County Prosecutor shall respond to Complaints by no later than 1/14/2011. Signed by Magistrate Judge Joel Schneider on 11/30/2010. (dmr) (Entered: 11/30/2010)
27 Substitution of Attorney − Attorney SAMUEL J. MYLES terminated. Attorney JOHN C. EASTLACK, JR for CAMDEN POLICE DEPARTMENT,JOHN C. EASTLACK, JR for CAMDEN POLICE DEPARTMENT added.. (EASTLACK, JOHN) (Entered: 12/03/2010)
Pro Hac Vice fee as to JAY RORTY: $ 150, receipt number CAM729 (drw, ) (Entered: 12/06/2010)
28 Substitution of Attorney − Attorney DAVID B. BENDER terminated. Attorney BRIAN G. FLANAGAN for ATTORNEY GENERAL OF NEW JERSEY PAULA DOW,BRIAN G. FLANAGAN for ATTORNEY GENERAL OF NEW JERSEY PAULA DOW added.. (FLANAGAN, BRIAN) (Entered: 12/06/2010)
29 NOTICE of Appearance by MATTHEW J. BEHR on behalf of CAMDEN COUNTY PROSECUTOR (BEHR, MATTHEW) (Entered: 12/14/2010)
30 SUMMONS Returned Executed by JOEL BARNES. ANTONIO FIGUEROA served on 12/16/2010, answer due 1/6/2011. (BAROCAS, EDWARD) (Entered: 12/20/2010)
31 MOTION to Dismiss by ATTORNEY GENERAL OF NEW JERSEY PAULA DOW. Responses due by 1/24/2011 (Attachments: # 1 Brief, # 2 Text of Proposed Order)(FLANAGAN, BRIAN) (Entered: 01/14/2011)

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 6 of 8

01/14/2011
01/18/2011 01/20/2011 01/21/2011
01/24/2011 01/25/2011 01/28/2011 01/31/2011 02/02/2011 02/03/2011 02/03/2011 02/03/2011 02/04/2011

32 MOTION to Dismiss Plaintiff's Complaint, with Prejudice, for Failure to State a Claim by CAMDEN COUNTY PROSECUTOR, WARREN FAULK. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Exhibits, # 3 Certificate of Service, # 4 Brief in Support of Motion to Dismiss, # 5 Exhibit A, # 6 Exhibit B, Part 1 of 2, # 7 Exhibit B, Part 2 of 2)(BEHR, MATTHEW) (Entered: 01/14/2011)
Set Deadlines as to 32 MOTION to Dismiss Plaintiff's Complaint, with Prejudice, for Failure to State a Claim, 31 MOTION to Dismiss. Motion set for 2/7/2011 before Judge Robert B. Kugler. The motion will be decided on the papers. No appearances required unless notified by the court. (tf, ) (Entered: 01/18/2011)
33 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 1/20/2011. (CD #359.) (dmr) (Entered: 01/21/2011)
34 CASE MANAGEMENT ORDER NO. 2 − Paul R. Melletz, Esq. is appointed as liaison counsel for the pltfs. All Counsel for pltfs are Ordered to be present in Courtroom 3C on Jan 27, 2011 @ 1:00 pm to participate in a joint meeting of all pltfs' counsel. By Feb 3, 2011 pltfs' counsel shall submit an agreed upon proposed briefing schedule. By Feb 3, 2011 the State of NJ and Camden County Prosecutor defts shall file their motions to stay discovery and disclosures. Responses shall be served by 2/17/11. Leave is granted to serve replies by 2/24/11, etc. The Court will conduct an in person status conference on March 24, 2011 @ 2:00 pm in Courtroom 3C. Signed by Magistrate Judge Joel Schneider on 1/21/11. (th, ) (Entered: 01/21/2011)
35 MOTION for Leave to Appear Pro Hac Vice for Jason Williamson by JOEL BARNES. (Attachments: # 1 Certification of Edward Barocas, # 2 Certification of Jason Williamson, # 3 Text of Proposed Order)(BAROCAS, EDWARD) (Entered: 01/24/2011)
Set Deadlines as to 35 MOTION for Leave to Appear Pro Hac Vice for Jason Williamson. Motion set for 2/22/2011 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 01/25/2011)
36 FIRST AMENDMENT TO CASE MANAGEMENT ORDER NO. 2: Status Conference Reset for 3/31/2011 at 2:00 PM in Camden − Courtroom 3C before Magistrate Judge Joel Schneider. In Person Conf. set for 2/3/11 at 1:00pm in Courtroom 3C. Signed by Magistrate Judge Joel Schneider on 1/28/11. (js) (Entered: 01/28/2011)
37 LETTER ORDER Granting extension to file responsive briefs to disp. motions to 3/14/11. Signed by Judge Robert B. Kugler on 1/31/11. (js) (Entered: 02/01/2011)
38 MOTION to Stay Discovery and Rule 26 Disclosures by ATTORNEY GENERAL OF NEW JERSEY PAULA DOW. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(FLANAGAN, BRIAN) (Entered: 02/02/2011)
Set Deadlines as to 38 MOTION to Stay Discovery and Rule 26 Disclosures. Motion set for 3/7/2011 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 02/03/2011)
AMENDED Set Deadlines as to 38 MOTION to Stay Discovery and Rule 26 Disclosures. Motion set for 3/7/2011 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (th, ) (Entered: 02/03/2011)
39 MOTION to Stay Discovery by CAMDEN COUNTY PROSECUTOR, WARREN FAULK. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Exhibits, # 3 Certificate of Service, # 4 Brief in Support of Motion to Stay Discovery, # 5 Exhibit A, # 6 Exhibit B)(BEHR, MATTHEW) (Entered: 02/03/2011)
Set Deadlines as to 39 MOTION to Stay Discovery. Motion set for 3/7/2011 before Magistrate Judge Karen M. Williams. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 02/04/2011)

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 7 of 8

02/04/2011 02/08/2011 02/09/2011
02/18/2011 02/25/2011
02/28/2011 03/04/2011 03/04/2011 03/04/2011
03/07/2011 03/07/2011 03/10/2011 03/15/2011 03/18/2011 03/18/2011 03/21/2011

AMENDED Set Deadlines as to 39 MOTION to Stay Discovery. Motion set for 3/7/2011 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr, ) (Entered: 02/04/2011)
40 ORDER granting 35 Motion for Leave to Appear Pro Hac Vice; ORDERED that Jason D. Williamson, Esq. shall make a payment of $150.00 on each admission, made payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 2/8/2011. (dmr) (Entered: 02/08/2011)
41 SECOND AMENDMENT TO CASE MANAGEMENT ORDER NO. 2: All counsel for plaintiffs are ORDERED to be present in Courtroom 3C on February 24, 2011 at 1:00 p.m, to participate in a joint meeting of all plaintiffs' counsel. Mr. Melletz shall advise the Court if any plaintiffs' counsel does not attend. Signed by Magistrate Judge Joel Schneider on 2/9/11. (js) (Entered: 02/10/2011)
42 SCHEDULING ORDER: The Court has scheduled oral argument on all outstanding motions to stay discovery for March 4, 2011 at 2:00 p.m., in Courtroom 3C. Signed by Magistrate Judge Joel Schneider on 2/18/11. (js) (Entered: 02/18/2011)
43 THIRD AMENDMENT TO CASE MANAGEMENT ORDER NO. 2 − All counsel for plaintiffs are ORDERED to be present in Courtroom 3C on March 24, 2011 at 1:00 p.m, to participate in a joint meeting of all plaintiffs' counsel. Mr. Melletz shall advise the Court if any plaintiffs' counsel does not attend. Signed by Magistrate Judge Joel Schneider on 2/25/11. (th, ) (Entered: 02/25/2011)
44 Letter from Brian Flanagan, DAG re 31 MOTION to Dismiss. (FLANAGAN, BRIAN) (Entered: 02/28/2011)
45 ORDER denying 39 Motion to Stay Discovery. Signed by Magistrate Judge Joel Schneider on 3/4/2011. (dmr) (Entered: 03/04/2011)
46 ORDERED that 38 Motion to Stay is GRANTED as UNOPPOSED, and all discovery directed to the moving party is STAYED. Signed by Magistrate Judge Joel Schneider on 3/4/2011. (dmr) (Entered: 03/04/2011)
47 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Motion Hearing held on 3/4/2011 re 38 MOTION to Stay Discovery and Rule 26 Disclosures filed by ATTORNEY GENERAL OF NEW JERSEY PAULA DOW. Motion GRANTED. 39 MOTION to Stay Discovery filed by WARREN FAULK, CAMDEN COUNTY PROSECUTOR. Motion DENIED. (CD #382.) (dmr) (Entered: 03/07/2011)
Pro Hac Vice fee as to Jason Williams, Esq.: $ 150, receipt number CAM000930 (dmr) (Entered: 03/07/2011)
48 AMENDED ORDER re 39 MOTION to Stay Discovery filed by WARREN FAULK, CAMDEN COUNTY PROSECUTOR. Signed by Magistrate Judge Joel Schneider on 3/7/2011. (dmr) (Entered: 03/08/2011)
49 ORDER ESTABLISHING MASTER DOCKET NUMBER FOR ALL CAMDEN CASES. Signed by Magistrate Judge Joel Schneider on 3/10/11. (js) (Entered: 03/10/2011)
50 NOTICE of Appearance by ALEXANDER R. SHALOM on behalf of JOEL BARNES (SHALOM, ALEXANDER) (Entered: 03/15/2011)
51 Notice of Request by Pro Hac Vice Jay Rorty to receive Notices of Electronic Filings. (BAROCAS, EDWARD) (Entered: 03/18/2011)
52 Notice of Request by Pro Hac Vice Jason Williamson to receive Notices of Electronic Filings. (BAROCAS, EDWARD) (Entered: 03/18/2011)
53 REPLY BRIEF to Opposition to Motion re 32 MOTION to Dismiss Plaintiff's Complaint, with Prejudice, for Failure to State a Claim filed by CAMDEN COUNTY PROSECUTOR, WARREN FAULK. (Attachments: # 1 Certification of Exhibits, # 2 Certificate of Service, # 3 Exhibit A, # 4 Exhibit B)(BEHR, MATTHEW) (Entered: 03/21/2011)

Case: 1:10-cv-03827-RBK-JS As of: 09/17/2013 04:47 PM EDT 8 of 8

03/23/2011 03/23/2011
04/07/2011 05/16/2011 06/22/2011 08/18/2011 08/22/2011 11/17/2011 12/21/2011 01/04/2012 04/17/2012 04/17/2012
05/08/2012
10/03/2012 01/11/2013 01/29/2013

54 AMENDED ORDER ESTABLISHING MASTER DOCKET NUMBER FOR ALL CAMDEN POLICE CASES. Signed by Magistrate Judge Joel Schneider on 3/23/11. (js) (Entered: 03/23/2011)
55 Transcript of Hearing with Oral Opinion Denying Camden County Prosecutor's Motion to Stay Discovery held on 3/4/2011, before Judge Joel Schneider. Court Reporter/Transcriber Laws Transcription Service, Telephone number 610−623−4178. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 4/13/2011. Redacted Transcript Deadline set for 4/25/2011. Release of Transcript Restriction set for 6/21/2011. (drw, ) Modified on 6/9/2011 (sk). (Entered: 03/23/2011)
56 CASE MANAGEMENT ORDER NO. 3: Status Conference set for 6/14/2011 at 2:00 PM in Camden − Courtroom 3C before Magistrate Judge Joel Schneider, etc. Signed by Magistrate Judge Joel Schneider on 4/7/11. (js) (Entered: 04/07/2011)
57 NOTICE by UNITED STATES Notice of Motion to Intervene and For a Stay (See Civ. No. 11−1315) (SKAHILL, MATTHEW) (Entered: 05/16/2011)
58 ORDER granting 31 Motion to Dismiss; ORDERED that all claims against Attorney General Paula Dow are dismissed without prejudice, etc. Signed by Judge Robert B. Kugler on 6/22/2011. (dmr) (Entered: 06/22/2011)
59 ORDER granting 32 Motion to Dismiss; ORDERED that Pltf's claims against Deft Faulk are dismissed. Signed by Judge Robert B. Kugler on 8/18/2011. (dmr) (Entered: 08/18/2011)
60 CASE MANAGEMENT ORDER NO. 4: In−person Status Conference on 11/10/2011 at 10:00 AM in Courtroom 3C, etc. Signed by Magistrate Judge Joel Schneider on 8/22/2011. (dmr) (Entered: 08/23/2011)
61 CASE MANAGEMENT ORDER NO. 5: In−person Status Conference set for 1/12/2012 at 10:00 AM before Magistrate Judge Joel Schneider, etc. Signed by Magistrate Judge Joel Schneider on 11/17/2011. (dmr) (Entered: 11/17/2011)
62 ORDERED that the above action is STAYED as to deft Dan E. Morris only, etc. Signed by Magistrate Judge Joel Schneider on 12/21/2011. (dmr) (Entered: 12/21/2011)
63 ORDER Terminating Movant Unites States. Signed by Judge Robert B. Kugler on 1/4/2012. (dmr) (Entered: 01/05/2012)
64 MOTION for Leave to Appear Pro Hac Vice by JOEL BARNES. (Attachments: # 1 Certification of Alexander Shalom, # 2 Certification of Hayley Horowitz, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 04/17/2012)
Set Deadlines as to 64 MOTION for Leave to Appear Pro Hac Vice. Motion set for 5/21/2012 before Magistrate Judge Joel Schneider. The motion will be decided on the papers. No appearances required unless notified by the court. (dmr) (Entered: 04/17/2012)
65 ORDER granting 64 Motion for Leave to Appear Pro Hac Vice ; ORDERED that Hayley Horowitz, Esq. shall make a payment of $150.00 on each admission made payable to the Clerk, United States District Court. Signed by Magistrate Judge Joel Schneider on 5/8/2012. (dmr) (Entered: 05/08/2012)
66 ORDER granting Hayley Horowitz permission to withdraw as counsel. Signed by Magistrate Judge Joel Schneider on 10/3/2012. (drw) (Entered: 10/03/2012)
67 ORDER DISMISSING CASE without costs &without prejudice. Signed by Judge Robert B. Kugler on January 13, 2013. (bf, ) (Entered: 01/11/2013)
68 Letter. (dmr) (Entered: 01/29/2013)