Case 1:15-cv-07073-RBK-AM D Document
Filed Ogl24l75 Page 1 of 30 pagetD: 1
EGENV
EIRM, P. C.
1555 Zion Road, Suite 203
MCFADDEN LAW
Northfield,
New
Jersey
DEC
08225
609-601-2330
mcf addenlawf i rm"aaol. . com
Louis P. McFadden, Jr. (0798)
14
2015
CLERK OF THE BOARD
UNITED STAIES DISTRICI COI'RT
DISTRICI OF IIEW JERSEY
AT CAIDEII
E'OR EEE
1)'IERRY
ir.
IfIAI/rER,
Plainti ff,
1) COUNEI
OF
GT.oUCSSTER,
a State of
New Jersey County,
RrAr!@lrD C . SKR,ADZINSKI ,
SAIIEM COI'NTT CORRECTIONAI' FACIITfl,
2 ) nARDEN
Civil Case No.
IndividualIy, and in his officlal
capacity,
COMPI.AN
3) SALETI COIrNtt CORRECIrIO!{AI, FACTLMY
CORRECT IO}TS OERICER EIJEERT I'OENSON,
T AIID
i,I,RY DE!4IIiID
Individually, and in his officia,I
j. ty,
capac
4) SAr,B{ Col,lt',tlt CORRECTTO!{Ar. tr'Acrr,rry
CoRRECTIONS OEAICERS/SITPERVTSORS
JOIIN DOE(S)A-2, Correctj.ons officers,
supervisors, agents, Individually
and in his/her official capacity,
Defendants.
NATURE OE COMST,AINI!
The
PIa
inti ff,
Terry J. Wal,ker. files
this multi-action
Complaint pursuant Lo 42 V.S.C. Section 51983, 51985, and 51985
1
Case 1:15-ov-07073-RBK-AMD Document
for violation
of his civil
Filed Oglz4lLS page Z of 30 pagetD: 2
rights under the First,
Fourth,
Eighth,
and Fourteenth Amendments to the united states
constitution, and for other pendant state claims, This lawsuit
asserts that certain Defendants, lndividually and jointly,
violated certain ri.ghts of the plaintiff
are
guaranteed under the
united
.Terry J. walker that
states
constitution
by
wrongfurry, and without just cause, injuring the praintiff by
using excessive force upon praintiff
while incarcerated;
sexually assaulting Plaintiff
whil_e incarcerated; iIlegalIy
and
unrawfully searching Plaintiff
whire incarcerated and engaging
behavior against plaintiff
for the grievances
in retaliatory
Plainti.ff
filed
Salem County
against certain correctional officers
at the
Correction Facility.
,IITRTSDTCTION At{D \rE}rIrE
This Court has subject matter jurisdiction
over this action
pursuant to 28 u.s.c. 51331 in that the federal craims are
made
pursuant to 42 U.S.C. 51983, 51985, 51986, and 5198B to enforce
violations
of
constitution
the
of
the
Plaintiff's
united
civil
states
rights
of
under the
America as
more
specifically set forth in this Complaint.
Venue
S1391 (a) (c)
Ls
1n
proper is
t.his Court pursuant to 28
that the Defendants and Plaintiffs
U.
S.
C.
reside in this
Case 1:15-CV-07073-RBK-AMD Document
District
Filed
@l24lL5 Page 3 of 30 pagetD:
and aII events described herein occurred within this
District.
PIRTIES
1.
Plaintiff,
Terry J. WaLker is a citizen of
New Jersey
and was at the time of the events a-L.Leged herein incarcerated at
at the SaLem County Correctional Facility,
Woodstown, New Jersey
L25 Cemetery
08098. Thereafter,
Road.
Plaintiff
was
transferred to t.he Cape May County Correctional Facility,
Crest Haven Road, Cape May Court House,
2.
State of
New
Jersey
1,25
08210.
Defendant Sa.l-em County is a county Iocated within the
New
Jersey and is responsible for the administration of
the SaIem County Correctional Facilit.y located at 125
Cemetery
Road, Woodstown, County of Gloucester, New Jersey 08098.
3.
Defendant Warden Raymond C. Skradzinski j,s an employee
and Warden of the Salem County Correctional Facility;
4.
employee
5.
Defendant Correctiona] Officer Elbert Johnson is
of the
Sal-em CounEy
an
CorrectionaL Facility.
Defendants, John Doe(s) (A-z) are fictitious
names
persons who were and,/or are citizens of the United States
of
and
Case 1:15-cv-07073-RBK-AMD Document
1 Filed O9l24lt5 Page 4 of 30 PagetD:4
residents of the state of New Jersey, and/or other agents,
servants or employees of and by the defendant Sarem county
Correctj-ona1 Eacility,
true identities
Plainti-ffs.
Salem County, New Jersey, of whom the
are presently unknown and unavailabre to the
The Defendants, John Does (A-Z), fictitious
names,
are not intended to be limited to correctional officers.
These
fictitious
named defendant.s
and/or officials
also refer to other representatives
and,/or individuals, whether or not employed by
Defendant Salem County Correctional Eacility,
who performed acts
or events, or omissj-ons that constitute the unlawful activities
as set forth in this Complaint, whether or not they were direct
actors, aiders and abettors, or conspirators.
defendanLs are identified
Said ,John
Doe
herein to preserve the Plaintiffs,
claims in the event their true identities are revealed, and all
c1aims asserted against the named defendants are intended to be
asserted against the John Doe defendants.
STAIB6ENE OE CIAIIIS
cornflI o![E - (r12 u.s.c s1983)
(Defendants Warden R:ynond C. Skradzingki
and County of Gloucester)
At alI
relevant times and dates herein, Plaintiff
was
incarcerated at the Salem County Correctional Facility
("SCCF"), and/or at another State Correctional- facility
the State of
New Jersey.
in
Case 1:15-cv-07073-RBK-AMD Document
3.
Flled
O9l24l!5 Page 5 of 30 PagelD: 5
At all
relevant times and dates herein, Defendant
Raymond
C. Skradzinski was the V[arden in charge at
During his incarceration at SCCF, Plaintiff
Warden
SCCF.
was subjected
to repeated physical assaul-ts and was ultimately sexually
assaulted and raped by Defendant
Elbert
4.
Correctional- officer
SCCF
.Tohnson.
On August 18, 201-4t Defendant Correctional Officer Elbert
Johnson ordered Plainti-ff to remove his clothing, bend over
at the waist and to cough - a practice known as a strip
search.
WhiIe obeying Defendant Correctional Officer
Elbert Johnson's
commands
to stand naked, bend over
couqh, Defendant Correctional
charged at the Plaintiff
Officer
Elbert
Johnson
and physically forced Plaintiff
the ground. Defendant Correctional Officer Elbert
repeatedly cal1ed Plaintiff
tr
and
to
Johnson
a "faggot".
Shortly after this incj-dent, oo the same date, Defendant
Correctional Officer Elbert Johnson along with Defendant
Correctional- Officer John Doe(s) A-2, told Plaintiff
while
in his ce11 to face the walI and put his hands on this
head.
Plaintiff
complied wj-th the commands. Upon doing
sor Defendant Correctional Officer
Defendant Correctional Officer
striklng Plaintiff
Elbert
.lohn
Doe
(sl
.lohnson
A-Z
and
began
in his back and kidney area repeatedly.
Case 1:1,5-CV-07073-RBK-AMD Document
6.
Filed 09124115 Page 6 of 30 PagelD: 6
The verbal and physical abuse by Defendant Correctional
Offi-cer Elbert Johnson and Defendant Correctional Officer
John Doe(s) A-Z occurred on a repeated and regular basis
during Plaintiff's
'7.
incarceration at
SCCF.
reported the on-going iIIegal,
Plaintiff
Defendant Correctional
behavior of
assaultive
aggressive
Of
f.icer
El-bert Johnson and Defendant Correctional Officer
Doe
(s)
A-Z and filed
written
and
John
grj-evances against the
officers.
No actj-on was taken regarding Plaintiff's
repeated
allegations of abuse comrnitted by Defendant Correctj-onaI
Officer Elbert Johnson or Defendant Correction Officer
John
Doe(s) A-2.
9.
A detent.ion hearing against the Plaintlff
was held based
upon allegations by Defendant Correctional" Officer Elbert
Johnson thaL Plaintiff
Plaintiff
had disobeyed a direct
order.
was found to have disobeyed a direct order
and
sent to the Detention Uni-t.
10.
A short time later,
Defendant Correctional officer
Johnson verbally threatened Plaintiff
me
is
up" if Plaintiff
Elbert
that "they woufd fuck
did not cut his fingernails.
Plaintiff
an openLy bi-sexual African-American male and
information and belief,
Plaintiff
upon
was forced to cut his
fingernails as retaliation for h.is bi-sexual orientation.
Case
1:
15-cv-07073-RBK-AMD Document
Filed
Aglz4lt5
Page 7 of 30 PagelD: 7
11. On Apri] 2, 2075, at approximately 2:00a.m., Plaintiff
sexually assaulted by Defendant
SCCF
Correctional
Of
was
fj-cer
Elbert Johnson.
1)
At no time subsequent to the sexual" assaulL was the
Plaintiff
provided access to a victim's advocate or rape
provided any services to
center; nor was Plaintiff
crisis
support the
Plaintiff
forensic medical
:n"
examination process, investigatory j-nterviews; nor was
provided
PLaintiff
through
any
emotional
support,
crisis
intervention, information or referrals.
13.
reported the sexual assau.Lt to the prison
authorities.
An j-nvestigation was conducted by the New
Plaintiff
Jersey State Police and subsequent to the compfetion of the
Defendant SCCF Correctional Officer Elbert
investigation,
Johnson's employment with the
'la
At all
SCCF was
terminated.
ti"mes refevant to this Complaint, the Defendant
County of Gloucester, through its agents. servants and,/or
employees, and the Defendant Warden Ralmond c. skradzinski,
and John Does (A-ZI and/or the
command
and supervisory
employees of the SCCF, were responsible for providing for
the
safety
of
all
inmates by,
maintaining a professionally
among other
things,
trained and knowledgeable
correctional officer staff Lo protect the state and federal
cons t i
tut j-onal- rights of its inmates.
Case 1:15-CV-07073-RBK-AMD Document
Filed Ogl24lL5 Page 8 of 30 PagelD:
15. Defendanc County of Gloucester and Defendant warden
c. skradzinski, and John Does (A-Z) and/or the
supervisory employees of the SCCE failed
Raymond
corunand and
to meet the
aforesai-d responsibj-Iity by adopting poLicies, practices
and customs that violated the United States Department of
Justice Final Rule on Prison and ,rai1 Standards for
correctiona.l facilities.
Elimination Act
more specifically
the Frj.son
Rape
, and the United States and
New
.Iersey constj,tutions prohibiting unreasonable searches
and
(PREA)
seizures. and the use of unreasonab.Ie and excessive force,
and through its own policy, practice and procedures, did
wrongfully, wiIIfu1Iy and maliciously
intentionally,
not
to
adequate.Ly train
and,/or supervise corrections
t.o train
and
and by failing
to
officers within SccF, specifically by failing
correctional officers,
educate, their
monitor their
effectlvely
procedures with
indifference
to
chose
search and use of
the know}edge and,/or with
t.he knowledge, that
force
del.iberate
said correctional
officers,
agents and,/or employees, because of the lack of
traininq
and/or supervision, did and woufd vlolate
the
rights guaranteed of inmates under the Constitution of the
United States, the Constitutj"on and laws of the State of
New
Jersey, and
the Plaintiff,
comnon
law as aforesaid, thereby depriving
Terry Walker, of his constitutional
rights
Case 1:15-CV-07073-RBK-AMD Document
under the Eirst,
Faled 09124115 Page 9 of 30 PagelD:
Fourth, Eighth and Fourteenth
Amendments
of the Constitution of the United States, and under the
Constitution of the State of
16.
Plalntiff
alleges that,
New Jersey.
through its
Defendants maintaj,ned, or
deliberate
acted consistently
conducL,
with,
municj-pal policy or custom, which caused a deprivat.ion of
constiLutional ri ght .
71
Defendant Warden Raymond C. Skradzinski functioned as
policymaker and Defendant County of Gloucester delegated to
the said Defendant the authority and power to establish
adopt facility
capacity,
rules, regulations and procedures. In
said
Defendant functioned i-n his
and
such
official
capacity on behal-f of the County of GJ-oucester, a county in
the State of
New Jersey.
It was known, or should have been known to the Defendant
County of
Gloucester and Defendant Warden Raymond
Skradzi-nski that
Plaintiff's
the depri.vation and violation
C,
of the
rj-ghts as set forth herein did, and otherwise
could reasonably be expected to occur as a direct result of
Defendants' failure to adequately and appropriately train,
educate and supervise the corrections facility
19.
Said conduct, faiLures
personnel.
and inadequacj.es of
training.
education, and supervision were knowing.l-y and intentionalLy
part of SCCE's policies, practices, customs and procedures
Case L:15-cv-07073-RBK-AMD Document
so as
to
create
Filed
Ogl24lt5 page 10 of 30 pagetD: tO
an environment of
to],erance
and
rj-ghts.
The
indifference to violations of inmates civil
Defendants authori-zed, pernitted,
ratified
and thereby
encouraged the wrongful conduct and activities
as alleged
herein.
24.
The aforesaid failure
Iawful- correctionalresulted
in
to establish,
facility
the correctional
abide, and monitor
policies
and procedures
offj,cers
and supervisors
establ-ishing unlawful poJ-ic1es and practices that resulted
in a pattern and practice of violating the civil- rights of
inmates, including the Pl-aintiff, Terry Walker.
2t.
Eurthermore. Defendants,rere deliberately
indifferent
to
the high degree of probabilj.ty that their conduct, as set
forth herein, would occur, and the deliberate conduct of
Defendants and/or j.ts agents, servants and/or employees was
Lhe direct and proximate cause of the Plaintiff's
22.
injuries.
The aforesaid acts, conduct and behavi-or of the Defendants,
were done and performed under color of state 1aw.
23.
The aforesaid actions by Defendants, in their
capacity constituted violations
WaIker's rights
of the Plaintiff.
under the First.
offic.iaL
Terry
Eourth, Eighth
and
Fourteenth Amendments of the Constitution of the . United
states of America, as protected by 42 u.s.c.
l0
s1983.
Case 1:15-CV-07073-RBK-AMD Document
Filed Ogl24lL5 Page 11 ol 30 PagelD: 11
24. As a direct and proximate result of the aforesaid conduct
by Defendants in their official capacity, the Plaintiff,
?erry
physicat
Walker, suffered
injury
and serious
permanent mental anguish, embarrassment and i-njury, which
required psychologj,cal care and treatment, and will in the
future will likety require such care and treaEment, and the
Plaintiff
was forced to endure permanent emotional
psycholog.ical distress and damages and wilI
and
Iikely suffer
from such emotional and psychological stress and damages in
the future,
and was deprived of his constitutional
statutory rights.
Furthermore, Plaintiff,
and
Terry Walker
suffered the anxiety, distress, and emotional difficulty
of
soLitude confinement subsequent to the rape during his
incarceration which was imposed in retaliation for his
complaints of abuse he suffered at the hands of the
Defendants.
WHEREFORE,
the Plaintiff
Terry J. WaIker, demands judgment
pursuant to 42 U.S.C. 51983 against Defendant Warden
Raymond C.
Skradzinski and County of Gloucester for:
a. compensatory and punitive
damagesi
b. attorney' s fees;
c. interest and costs of suiti
and
d, other such relief as the court
deems
just and equitable.
Case 1:15-CV-07073-RBK-AMD Document
corrNt
Filed Ogl24l75 Page12of 30 PagelD: 12
trc, - (42 u. s. c
s1983)
Correctional Off,icr E].bert Jotrnron rnd Dofend!,rr't
Corr.ctionll Office! (s) John Do(s) A-Z)
25. The alleqatj-ons of fact set forth in Count One are
(Def,ndattt
repleaded in this Count Two as if ful]y set forth herein.
26. The aforesaid actions by Defendant Correctional Officer
Elbert Johnson and Defendant Correctional Officer(s)
John
Doe(s) A-Z in their individual capacity, constitute the use
of excessive force in violation
Walker's civil
Eighth
of
rights
Amendments
of the Plaintj,ff,
Terry
guaranteed under the t'ourth
and
to the Constitution of the United States
Ameri-ca.
27. The aforesaj,d actions by Defendant Correctional Officer
Elbert Johnson and Defendant Correctional Officer(s) John
Doe(s) A-2, in their j-ndividual capacity, constituted an
unlawful search and seizure of the Plaj-ntiff,
in vj-olation of his clvil
rights
Terry Walker,
guaranteed under the
Fourth and Eighth Amendments to the Constitution of the
United SLates of America.
28. The aforesaid actions by Defendant correctional officer
Elbert Johnson and Defendant correctional Officer(s)
72
.fohn
Case 1:15-CV-07073-RBK-AMD Document
Filed Agl2U15 Page 13 of 30 PagelD: 13
Doe(s) A-2, j-n their individual capacity. constituted
an
and uncons t i tut ional excessive use of force against
illegal
Terry J. WaLker, in violation
Plaintifff
of his civil
rights guaranteed under the Fourth and Eighth
Amendment to
the Constitution of the United States of America.
29.
Defendant Correctionaf Officer Elbert Johnson and Defendant
correctionaL Officer (s) John
(s) A-Z physically
and punj.shing the Pl-a.intiff
retaliating
Defendants believed to
of
Correctionaf
be Plaintiff's
the correctional
Officer
and
and did so for the purposes of
sexualLy assaulted Plaintiff
cri-ticism
Doe
Elbert
for
what the
complaints
and Defendant
officers
Johnson and
Defendant
Correctional Officer(s) John Doe(s) A-2, and because of
animus held against Plaintiff
and
an
based upon his status as an
openly bi-sexuaf African-American male inmate.
30.
The force used against Plaintiff
Officer
Elbert
Johnson and
by Defendant Correctional
Defendant correctional
Officer(s) John Doe{s) A-z was not applied in a good faith
effort
to malntain or restore discipline;
used maliciously and sadistically
but rather
was
for the very purpose of
causing harm.
The
aforesaid
actions
by
Defendants constituted
in an unlawful- conspiracy. with the
motivation and j-ntent to retaliate against the P.IainLiff
participation
Case 1:15-cv-07073-RBK-AMD Document
1 Filed 09l24lt5
Page 14 of 30 PagelD: 14
for his complaints against Defendant Correctional Officer
El-bert Johnson and Defendant Correctional
Doe
(s) A-2, in
of
violation
Plaintiff's
ic:er (s ) John
civil
rights
Fourth, Eighth, and Eourteenth
guaranteed under the First,
Amendments
Of f
to the Constitution of the United States of
America and because of an animus held against Plaintiff
based upon his status as an openly bi-sexual AfricanAmerican mal-e inmate.
32. As a di-rect and proximate result of the aforesaid conduct
Terry Walker, suffered serious,
by Defendants, Plaintiff,
permanent menta] anguish, embarrassment and injury,
which
required psyehological- care and treatment, and will in the
future will likely require such care and treatment, and the
was forced to
Plaintiff
endure great
emotional
psychological distress and damages and wil-1 likely
and
suffer
from such emoLional and psychological stress and damages in
the future,
statutory
and was deprived of his constitutional
rights.
Furthermore, PLainLiff,
suffered the emotional trauma and difficulty
Terry
and
WaIker
of solitude
confinement imposed subseguent to the rape and assault,
during his incarceration which was imposed as a result of
his complaj-nts of abuse he suffered at the hands of the
Defendants.
L4
Case 1:15-CV-07073-RBK-AMD Document
IiHEREFORE,
the Plaintiff
Filed Ogl24l]:5 Page 15 of 30 PagelD: 15
Terry .1. Walker, demands judgment
pursuant to 42 U.S.C. 51983 against Defendant CorrectionaL
Officer Elbert Johnson and Defendant CorrectionaL Officer (s)
John Doe (s) A-Z j"n thej-r individual capacity, jointly and
severally for:
a, compensatory and punitive
damagesi
b, attorney' s fees;
c. interest and costs of suit;
and
d. other such relief as the court
deems
just and equitable.
- (42 U.S.C 51983)
(AU D.feDdrnts -Retaliation)
corn[8 IEREE
33.
The allegations of fact set forth in the precedlng Counts
are repleaded in this Count Three, as if
fi:Ily
set forth
herein.
34.
The aforesaid actions by Defendants constitute an attempt
to
retaliate
against
Plaintj"ff
protected
constiEutionally
right,
for
exer:cising
specificaLly
filing
grievances aga.inst Defendant Correctional Officer Elbert
Johnson and Defendant Correctional Officer(s)
John Doe(s)
A-Z .
35. The
actions
aforesaid
participation
in
an
by
unlawful
15
Defendants constj-tuted
conspiracy,
with
the
Casel:15-cv-07073-RBK-AMD Documentl Filed09l24ll5 Page 16of 30 PagelD: 16
motivatj,on and intent to retalj-ate against the Plaintiff
for his comp.Laints against Defendant Correctional Officer
Elbert Johnson and Defendant correctional officer(s)
Doe
(s) A-2, in violation
guaranteed under the Eirst,
Amendments
of
Plaintiff's
civil
John
rights
Eourth, Eighth, and Eourteenth
to the Constitution of the United States of
America.
36. As a direct and proxlmate result of the aforesaid conduct
by Defendants, Plaintiff,
Terry
J.
WaIker, suffered
seri-ous. permanent mental anguish, embarrassment
and
which required psychological care and treatment,
and wiIl j-n the fuLure will likely require such care and
inlury,
treatment, and the Plaintiff
was forced to endure great
emotional and psychologica] distress and damages and
likely
wj,11
suffer from such emotional and psychological stress
and damages in
constitutional
the future,
and statutory
and was deprived of his
rights.
Eurthermore,
Plaintiff,
Terry !{aIker suffered the emotional trauma
difficulty
of solitude confinement imposed subsequent to
the rape and assaulL, during his incarceratj-on which
and
was
imposed as a resul-t of his complaints of abuse he suffered
at the hands of the Defendants.
WHEREFORE,
the Plaintiff
Terry J. WaLker, demands j udgment
pursuant to 42 U.S.C. 51983 against Defendant Correcti.onal
16
Case
l-5-cv-07073-RBK-AMD Document
1:
Filed A924lL5
Page 17 of 30 PagelD: 17
Officer Elbert Johnson and Defendant Correctional Officer(s)
John
Doe
(s) A-Z in their
capacity, jointly
indlvidual
and
several-ly f or:
a. compensatory and punitive
damagesi
b. att.orney's feesi
c. interest and cosLs of suit;
and
d. other such relief as the court
deems
just and equitable.
(rtz u.s.c s1985)
(Defendant Correctional Officer E1bert ilohnson and Defen&nt
Correctional Off,icer(s) ilohn Doe(s) A-Z)
corrNT ForrR
3'7. The allegatlons of fact set forth in the preceding
are repleaded in this Count Four, as if
Counts
fu1ly set forth
herein.
38. The aforesaid actions by Defendant Correctional Officer
Elbert Johnson and Defendant Correctional Officer(s)
Doe
(s) A-2, in their
individual
.Tohn
capacity, constitute
conspiracy on the part of the Defendants for the purpose of
depriving Plaintiff
equal protection of the 1aws, or of
equal privileges and immunities under the laws; and
was
committed in furtherance of the conspj-racy. As a direct
and proxi-mate resulL, Plaintiff
was injured in his person
and deprived of hls rights and privileges as a citizen of
the United States.
77
Case 1:15-CV-07073-RBK-AMD Document
39.
Filed Ogl24lL5 Page 18 of 30 PagelD: 18
The actions on the part of Defendant CorrectionaL officer
Elbert Johnson and Defendant Correctional Officer(s)
Doe(s) A-2, lrere motivated by not only a racia.L bias
animus, but
also
Correctional
officer
gender bias
Elbert
Correctj-onal Officer (s)
referred to PLaintiff
forced Plaintiff
John
John
and
as the
Defendant
Johnson and
Defendant
Doe
(s)
A-2,
rePeatedly
using slurs such as "faggot"
and
to cut his fingernails as punishment for
being an openly bi-sexual- African-American male inmate.
40.
The use of excessive force, the sexuaf assault, and the
illegal search and seizures conunitted against Plaintiff
were j-n vioLation of the his civil rights guaranteed under
the Fourth and Eighth
Amendments
to the Constitution of the
United States of America.
4l .
As a direct and proximate result of the aforesaid conduct
by
Defendants, Plaj-ntlff,
serious.
lnjury,
Terry
J.
Walker, suffered
permanent mental anguish, emlcarrassment
and
which required psychologlcal care and treatment,
and wil.L in the future will
treatment, and the Plaintiff
Likely require such care
and
was forced Eo endure great
emotional and psychological distress and damages and wil.L
lj-kely suffer from such emotional and psychologica] stress
and damages in
constitutional
the future,
and statutory
and was deprived of his
rlghts.
Furthermore,
Case 1:15-cv-07o73-RBK-AMD Document
Filed
ogl24ll5
Page 19 of 30 PagelD: 19
Terry J. Vialker suffered the emotional
Plaintiff,
and difficulty
trauma
of solitude confj-nement imPosed subsequent
to the rape and assault. during his incarceration which
was
imposed as a resuft of his complaints of abuse he suffered
at the hands of the Defendants.
WHEREEORE,
the Plaintiff
Terry J. WaIker, demands judgment
pursuant to 42 U.S.C. S1983 against Defendant Correctj'ona1
Officer Elbert Johnson and Defendant correctional officer
John Doe (s) A-Z in their individual capacity, jointly
(s)
and
severally for:
a. compensatory and punitive
damages;
b. attorney' s fees;
c. interest and costs of suiti
and
d. other such relief as the court
corrNT FnrE
- ({2
deems
just and equitable.
U. S. C 51985)
(Defendlnts Coulrty of Glouc6stc!,
aad Warden Ralmond C. Skradzinski)
42. The allegations of fact set forth in the preceding
are repleaded in this Count Five, as if
fulIy
Counts
set forth
herein.
43. The aforesaid actions by Defendant county of Gloucester and
Defendant Warden Raymond C, Skradzinski constitute
conspiracy on the part of the Defendants for the purPose of
79
Case 1:15-CV-07073-RBK-AMD Document
depriving Plaintiff
Filed Oglz4lLS Page20 of30 PagelD: 20
equal protection of the laws, or of
equal priviteges and immunities under the lavrsi and was
corunitted in furtherance of the conspiracy' As a direct
and proximate resuft. Plaintiff
was injured in his person
and deprived of his rights and privileges as a citizen of
the United States.
44.
Defendant County of Gloucester and Defendant Warden
Raymond
C. Skradzinskl knew or should have known that the wrongful
acts conmitted by Defendant Correctj"onal Officer El-bert
Johnson and Defendant Correctional Officer(s) John Doe(s)
A-z were done in furtherance of a conspiracy to violated
constitutional rights and Defendant county of
Plaintiff's
Gloucester and Defendant !{arden Raymond C. Skradzinski
the power to prevent or aid the Plaintiff
had
and neglected to
do so in violation of 42 U.S.C. 51986.
45.
Defendant county of Gloucester and Defendant glarden
Raymond
C. Skradzinski knew or should have known that Defendant
Correctional
officer
correctional officer(s)
assault
of
retaliating
Plaintiff
Elbert
Johnson and
Defendant
John Doe(s) A-z physical and sexual
was done for
and purrishing the Plaintiff
the
purpose of
for Plaintiff's
complaints and crit.icism of the correctional officers
and
Defendant Correctional Officer Elbert Johnson and Defendant
Correctionaf officer(s)
.lohn Doe(s) A-z and were committed
Case 1:L5-cv-07073-RBK-AMD Document
Filed Ogl24l15 Page 2L of 30 PagelD: 21
based upon an animus against Plaintiff
bi-sexua1, Afr i can-Ame
for being an openly
rj, can i.nmate.
46. Defendant county of Gloucester and Defendant 9iarclen Raymond
C. Skradzinski knew or should have known that the force
used against. Plaintiff
by Defendant Correct.ional Officer
EIbert Johnson and Defendant Correctional Officer(s)
John
Doe(s) A-Z's for conduct was not applied in a good faith
to maj.ntain or restore discipline;
effort
but rather
was
used maliciously and sadisticaLLy for the very purpose of
causing harm.
4'7. The
actions
aforesaid
participation
in
an
Defendants const ituted
by
unlawful
motivation and intent to retaliate
conspiracy,
with
the
against the Plaintiff
for his comp.l-aints against Defendant Correctiona] Officer
Elbert Johnson and Defendant correctional Officer (s)
Doe
(s) A-2, in
viofation
guaranteed under the Eirst,
of
Plaintiff's
civil
John
rights
Fourth, Eighth, and Fourteenth
Anendments to the Constitution of the UniEed SLates of
America.
48. As a direct and proximate result of the aforesaid conduct
by
Terry
DefendanLs, Plaintiff,
serious,
injury,
and will
J.
vlalker,
suffered
permanent mental anguish, enlcarrassment
and
which required psychological care and treatment,
in the future will
27
like1y requj-re such care
and
Case 1:15-cv-07073-RBK-AMD Document
1 Filed OglZ lLS Page 22 of 30 PagelD:22
vras forced to endure great
treatment, and the Plaintiff
emotional and psychological dj-stress and damages and will
likely
suffer from such emotional and psychological stress
and damages in
constitutional
and was deprived of his
the future,
and
rights.
statutory
Furthermore,
Plaintiff,
Terry WaIker suffered the emotional trauma
difficulty
of solitude confinement imposed subseguent to
the rape and assau.l-t, during his incarceration which
and
was
imposed as a result of his complaints of abuse he suffered
at the hands of the Defendants.
WHEREFORE,
the Plaintiff
Terry J. Walker,
demancis judgment
pursuant to 42 U.S.C. 51983 against Defendant Correctional
Officer
John
Elbert Johnson and Defendant Correctional Officer
Doe (s
) A-Z in their
capacity, jointly
individual
(s)
and
severally for:
a. compensatory and punitive
damages;
b. attorney's feesi
c. interest and costs of suit;
and
d. other such relief as the courL
corrNE
deems
srx - (42 U.s.c
(AI1 Defendrnts)
22
just and erquitable.
51988)
Case 1:L5-cv-07073-RBK-AMD Document
Filed
Ogl24ll5 Page23of30 PagelD: 23
49. The alLegations of fact set forth previously are repleaded
in thls Count Six as if fully set forth herein.
50, The aforesaid actions by Defendants constituted viol-ations
of Plaintiff's
claims,
civil
rights and upon prevailing on these
is
Plaintiff
entitl,ed
to
recover reasonable
attorney's fees as part of the costs pursuant to 42 U'S'C.
s1988
WHEREFoRE,
the Plaintiff
Terry J. Walker, demands
pursuant to 42 U.S.c. 51988 against all
j udgment
Defendants in their
capacity, jointly and severallv for:
individual and official
a. attorney' s fees;
b. interest and costs of suiti
and
c. other such relief as the court
deems
iust and equitable.
COI'NT SEI,EbI
(Asgault and B.ttry)
51.
The allegations of fact set forth in preceding Courts are
repleaded in this Count Seven as if fully set forth herein'
52.
The aforesaid actions by Defendant Correctional Officer
Elbert Johnson and Defendant Correctionaf Officer(s)
John
Doe(s) A-Z constitute an assault and battery against the
Plaintiff,
53.
Terry J. WaIker.
As a direct and proximate resu.It of the aforesaid conduct
by the Defendant Correctional Officer Elbert Johnson
and
Case 1:15-cv-07o73-RBK-AMD Document
Filed Oglz4lLs Page 24 of 30 PagelD:24
Defendant correctional of f.icer (s) John Doe(s) A-2, in their
individual,
capacity,
painful
suffered
Terry J.
the Plaintiff,
permanent injuries,
which required
psychologicaf care and treatment, and will
wi]I
in the future
require such care and treatment, and the
Iikely
Plaintiff
walker,
was forced to endure pain and suffering, and
caused to suffer emotlonal and psychological distress
damages and will
his
and
li.kely suffer from such emotional
and
and
was
psychologicaL stress and damages in the future,
deprived of
was
and statutory
consti-tutional
Furthermore, Plaintiff,
Terry J'
emotional" trauma and difficulty
rights.
il',alker suffered the
of solitude confinement
durj-ng his incarceration which was imposed as a result of
his complaints of abuse he suffered at the hands of the
Defendants,
WHEREEORE.
the Plaintiff
Terry J. Walker, demands judgnent
against Defendant correctional
Efbert
Officer
Defendant Correctional Officer (s) John
Doe
Johnson
and
(s) A-2, in their
individual capacity for:
a. compensatory and punitive
damages;
b. attorney' s fees;
c. interest and costs of suiti
and
d. other such relief as the court
24
deems
just and equitable.
Case 1:15-CV-07073-RBK-AMD Document
Filed Ogl24lLS Page 25 of 30 PagelD: 25
IIGEI
(ltcqll.iE nt P.r.on.l Iplua-y)
54. The allegations of fact set forth in the preceding Counts
COI'IIT
are repleaded in this Count Eight, as if
fu11y set forth
herein.
55. The aforesaid unlawful battery against the Plaintiff
was
negligent.
55. The aforesaid unlawful battery against the Plaintiff
was
grossly negligent.
57. At all times relevant to said batEery of the PLaintiff,
said
Defendants were acting
in
the
scope of
the
their
employment.
58. As a direct and proximate result of the aforesaid negtigent
and/or grossly negLigent conduct by the Defendant County of
Gloucester, Defendant Warden Ralmond C. Skradzinski,
and
Defendant Correctional Officer Elbert Johnson and Defendant
Correctional Officer John Doe(s) A-2, individually
representative
their
capacities,
Plaint.j.ff,
and in
Terry
,J.
Walker, suffered permanent painful injuries,
which required
psychological care and treatment, and will
in the future
wj.ll
likely
Plaintiff
require such care and treatment, and the
was forced to endure pain and suffering, and
was
caused to suffer emotional and psychological distress and
25
Case 1:15-CV-07073-RBK-AMD Document
Filed Ogl24l!5 Page 26 ol 30 PagelD: 26
suffer from such emotional
and
psychologlcal stress and damages in the future, and
was
damages and will
deprived of
his
likely
and statutory
constitutional
Furthermore, PlainEiff,
Walker, suffered the
Terry J.
emotj-onaI trauma and difficulty
rights.
of solitude confinement
during his incarceration which was imposed as a result of
his complaints of abuse he suffered at the hands of the
Defendants.
WHEREFORE.
the Plaj-ntiff Terry J. Walker, demands judgment
against Defendants for:
a. compensatory and punj-tive
damagesi
b. attorney' s fees;
c. interest and costs of suit;
and
d. other such relief as the court
deems
just and equitable.
COT'NI! NINE
(c@on Lar conslriracy)
59. The allegations of fact set forth in the preceding
are repleaded in this Count Nine, as i-f fully
Counts
set forth
herein.
60. The aforesaj,d actions and omissions by the Defendant
County
of Gfoucester, Defendant warden Raymond C. Skradzinski,
Defendant Correctional Officer Elbert Johnson and Defendant
26
Case 1:15-cv-07073-RBK-AMD Document
1 Filed 09/24115 Page 27 of 30 PagelD:27
Correctional Officer John Doe(s) A-2, individually
their
and in
representative capacities, constituted an unlawful
conspiracy against the Plaintiff,
Terry J. Walker.
61. As a direct and proximate result of the aforesaj.d unlawful
conspiracy by the Defendants, the Plaintiff,
Terry J.
WaLker, suffered permanent painful injuries,
which required
psychological care and Lreatment, and will
in the future
will
require such care and treatment, and the
likely
Plaintiff
was forced to endure pain and suffering, and
was
caused to suffer emotional and psychological distress and
damages and wilI
suffer from such emotional
and
psychological st.ress and damages in the future, and
was
deprived of
his
Iikely
constitutional
and statutory
rights.
Furthermore, Terry,J. Walker suffered the emotional trauma
of
confinement during
hi-s
which was imposed as a resul'L of
his
and difficulty
incarceration
solitude
complaints of abuse he suffered at the hand.s of the
Defendants.
WHEREFORE,
the Plaintiff
Terry J. Walker, demands judgrment
against Defendants for:
a. compensatory and punitive
damages;
b. attorney's fees;
c. interest and costs of suit;
27
and
Case
1:
15-cv-07073-RBK-AMD
d. other such relief
Document
as
Filed O9l24lts Page 28 of 30 PagelD: 28
the court
COI'NT
(New
deems
just and equitable.
r}I
Jersey State constitutj,on)
62. The allegations of fact set forth in the preceding
are repleaded in this Count ?en, as if
fully
Counts
set forth
herein.
63.
The aforesaid actions and conduct by one or more of the
Defendants constituted violations of the Plaintiff's
civil-
rights as protected by the New Jersey State constitution,
Article 1, paragraph 7, and including the right to liberty,
the right to protect property, the right to due process,
the right to equal protection, the right to be secure from
unreasonable search and seizure, the right of free speech,
and the right to petition for the redress of grievances.
64.
As a direct and proximate result of the aforesaid unlawful
conspiracy by the Defendants, the Plaintiff,
Terry J.
WaIker, suffered permanent painful injuries,
which required
psychologica] care and treatment, and will
in the future
wj-II likely
require such care and treatment, and the
Plaintj-ff was forced to endure pain and suffering, and
was
caused to suffer emotionaL and psychological distress
and
damages and will-
suffer from such emotional
and
psychologica] stress and damages in the future, and
was
likely
28
Case 1:15-CV-07073-RBK-AMD Document
deprived of
his
Filed 09/24115 Page 29 of 30 PagelD: 29
Eurthermore, Plalntiff
J'
Terry
rights.
and statutory
constitutional
l{alker
suffered
the
of solitude confinement
emotional trauma and difficulty
during his incarceration which was imposed as a result of
his complaints of abuse he suffered at the hands of the
Defendants.
VIHEREFORE.
the Plaintiff
Terry J. l,alker, demands judgment
against Defendants for:
a, compensatory and punit.ive
b. attorney' s
damages;
fees i
c. interest and costs of suiti
and
d. oLher such relief as the court
deems
just and equitable.
colrN!! ELE\rE
