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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![

(Ncqliqnt Infliction of Eootiotral Distaes.)

65. The allegations of fact set forth in the preced.ing


are repleaded in this Count Eleven, as if fully

Counts

set forth

herein.

66. The negligent

conduct by

the

Defendant County of

Gfoucester, Defendant Warden Raymond C.

Skradzinski,

Defendant Correctional Officer Elbert Johnson and Defendant

correctional officer

John Doe(s) A-2, individually

and in

their representative capacities, resulted in the Plaintiff,


29

Case L:15-cv-07073-RBK-AMD Document

1 Filed 09/24115 Page 30 of 30 PagelD: 30

Terry J. WaIker suffering severe embarrassment, humiliation


and emotional distress as a result of the repeated physical
and verbal assaults and the sexual assault.

67. As a direct and proximate result of the said Defendants'


actions Plaintiff

Terry J. Walker suffered severe emotional

distress and trauma.


WHEREFORE,

the Plaintiff,

Terry J. WaIker

demands judgment

against the Defendants for:


a. compensatory and punitive

damages;

b. attorney's feesi
c. interest and costs of suit;

and

d. other such relief as t.he court

deems

McFADDEN LAW

just and equit,able.

FIRM, P.C.

Attorney for Plaintiff

s/Louis P. McFadden, Jr.


Dated: September 24,

20L5

30

(0798)