Terry J. Walker v County of Gloucester, Salem County Correctional Facility Warden Raymond Skradzinski, former Salem County Corrections Officer Elbert B. Johnson II

7/26/2019 Terry J. Walker v County of Gloucester, Salem County Correctional Facility Warden Raymond Skradzinski, former S

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MCFADDEN LAW EIRM, P.

C.

1555

Zion Road,

Suite

203

Northfield,

New

Jersey

08225

609-601-2330

mcf

addenlawf

i

rm"aaol.

.

com

Louis P. McFadden,

Jr.

(0798)

EGENV

CLERK

OF

THE

BOARD

DEC

14

2015

UNITED

STAIES

DISTRICI

COI'RT

E'OR

EEE

DISTRICI

OF IIEW JERSEY

AT

CAIDEII

1)'IERRY

ir.

IfIAI/rER,

Plainti ff,

1) COUNEI

OF GT.oUCSSTER,

a State of

New

Jersey County,

2

)

nARDEN

RrAr @lrD

C .

SKR,ADZINSKI

,

SAIIEM

COI'NTT

CORRECTIONAI' FACIITfl,

IndividualIy,

and

in

his officlal

capacity,

3)

SALETI COIrNtt CORRECIrIO {AI,

FACTLMY

CORRECT

IO}TS

OERICER

EIJEERT

I'OENSON,

Individually,

and

in his officia,I

capac

j.

ty,

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.

Civil Case

No.

COMPI.AN T

AIID

i,I,RY

DE 4IIiID

The

PIa

inti ff,

Complaint

pursuant

NATURE

OE

COMST,AINI

Terry J.

Wal,ker.

files this multi-action

Lo 42

V.S.C.

Section

51983,

51985,

and

51985

1


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for

violation

of his

civil

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

.Terry

J. walker

that

are

guaranteed

under the

united

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

in retaliatory

behavior

against

plaintiff

for

the

grievances

Plainti.ff

filed

against

certain

correctional

officers

at

the

Salem

County

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 the Plaintiff's

civil

rights

under

the

constitution

of the

united states

of America

as

more

specifically set

forth

in

this

Complaint.

Venue

S1391

(a) (c)

Ls

1n

proper

is t.his Court

pursuant

to 28

U.

S

.

C.

that the

Defendants

and Plaintiffs

reside

in

this

2


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District 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,

L25

Cemetery

Road.

Woodstown, New Jersey 08098.

Thereafter, Plaintiff

was

transferred to t.he

Cape

May

County Correctional

Facility,

1,25

Crest Haven

Road,

Cape May Court

House,

New

Jersey 08210.

2.

Defendant

Sa.l-em

County

is

a county Iocated within

the

State of

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. Defendant Correctiona] Officer Elbert Johnson

is an

employee of the Sal-em CounEy CorrectionaL Facility.

5.

Defendants,

John Doe(s)

(A-z)

are fictitious names

of

persons

who

were and,/or are

citizens

of the United States and

3


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residents of

the state

of New

Jersey,

and/or

other agents,

servants

or

employees

of

and by

the defendant

Sarem

county

Correctj-ona1

Eacility,

Salem

County,

New

Jersey, of

whom

the

true identities

are

presently

unknown

and unavailabre

to the

Plainti-ffs. The

Defendants,

John

Does

(A-Z),

fictitious

names,

are not

intended

to be limited

to

correctional

officers.

These

fictitious

named

defendant.s

also refer

to

other

representatives

and/or

officials

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.

Said

,John

Doe

defendanLs

are identified

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

in

the

State of

New Jersey.


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At

all

relevant times

and

dates herein,

Defendant

Warden

Raymond

C. Skradzinski

was

the

V[arden

in

charge

at SCCF.

During his incarceration at

SCCF,

Plaintiff

was

subjected

to repeated

physical

assaul-ts

and

was

ultimately

sexually

assaulted

and

raped

by

Defendant

SCCF Correctional- officer

Elbert .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

and

couqh,

Defendant Correctional

Officer

Elbert

Johnson

charged

at the

Plaintiff

and

physically

forced Plaintiff

to

the

ground.

Defendant Correctional Officer

Elbert

Johnson

repeatedly

cal1ed

Plaintiff 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 Elbert .lohnson

and

Defendant

Correctional

Officer .lohn

Doe

(sl

A-Z

began

striklng

Plaintiff in

his

back

and

kidney area

repeatedly.

4.

tr

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'7.

6.

9.

The verbal and

physical

abuse

by


Offi-cer Elbert

Johnson and

Defendant


John Doe(s)

A-Z

occurred

on a

repeated and

regular

basis

during Plaintiff's

incarceration at

SCCF.

Plaintiff reported

the on-going iIIegal, aggressive and

assaultive

behavior of

Defendant

Correctional

Of

f.icer

El-bert

Johnson and Defendant Correctional

Officer John

Doe

(s)

A-Z and

filed

written 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.

A

detent.ion

hearing against

the Plaintlff

was

held

based

upon

allegations by

Defendant

Correctional"

Officer

Elbert

Johnson thaL

Plaintiff had disobeyed a

direct order.

Plaintiff

was found

to have disobeyed a

direct order and

sent to

the

Detention

Uni-t.

A short time

later,

Defendant

Correctional

officer Elbert

Johnson

verbally

threatened

Plaintiff that "they

woufd fuck

me

up" if Plaintiff did not cut his fingernails. Plaintiff

is an

openLy

bi-sexual

African-American

male and

upon

information and

belief,

Plaintiff was

forced to cut

his

fingernails as

retaliation for

h.is

bi-sexual

orientation.

10.


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11. On Apri] 2,

2075,

at approximately

2:00a.m., Plaintiff

was

sexually assaulted by

Defendant

SCCF

Correctional

Of 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

crisis center; nor

was

Plaintiff

provided

any services to

support

the

Plaintiff through

:n"

forensic medical

examination

process,

investigatory

j-nterviews;

nor

was

PLaintiff provided any emotional support, crisis

intervention, information or referrals.

Plaintiff reported the sexual

assau.Lt

to

the

prison

authorities. An

j-nvestigation

was

conducted

by the New

Jersey

State Police

and

subsequent

to

the

compfetion

of the

investigation,

Defendant SCCF

Correctional

Officer

Elbert

Johnson's

employment

with the

SCCF

was

terminated.

At all 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,

among

other

things,

maintaining

a

professionally

trained

and

knowledgeable

correctional

officer staff Lo

protect

the state and federal

cons

t i

tut

j-onal-

rights of

its inmates.

13.

'la


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15. Defendanc

County

of

Gloucester and Defendant

warden Raymond

c. skradzinski,

and

John Does

(A-Z)

and/or the

corunand and

supervisory

employees

of the

SCCE

failed 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.

more

specifically

the

Frj.son Rape

Elimination

Act

(PREA)

,

and the United States and

New

.Iersey

constj,tutions prohibiting

unreasonable searches

and

seizures. and

the

use

of unreasonab.Ie and excessive

force,

and

through its

own

policy,

practice

and

procedures,

did

intentionally,

wrongfully, wiIIfu1Iy

and

maliciously

chose

not to

adequate.Ly

train and,/or

supervise

corrections

officers

within

SccF,

specifically

by failing t.o

train

and

educate, their correctional officers, and by

failing

to

effectlvely

monitor

their

search and use of

force

procedures with the

know}edge

and,/or

with

del.iberate

indifference

to t.he

knowledge, that

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

comnon

law as aforesaid,

thereby

depriving

the

Plaintiff,

Terry Walker,

of his constitutional

rights


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71

.

under the

Eirst, Fourth,

Eighth and

Fourteenth

Amendments

of the Constitution of the

United States, and under

the

Constitution of the State of

New

Jersey.

Plalntiff alleges that, through

its deliberate conducL,

Defendants maintaj,ned, or acted

consistently with,

a

municj-pal

policy

or custom, which

caused a deprivat.ion

of

a

constiLutional ri

ght

.

Defendant Warden

Raymond C. Skradzinski

functioned as a

policymaker and

Defendant County

of

Gloucester delegated to

the

said

Defendant

the authority

and

power

to establish

and

adopt facility rules, regulations

and

procedures.

In such

capacity, said Defendant

functioned i-n his 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 C,

Skradzi-nski that

the

depri.vation and violation

of the

Plaintiff's 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

personnel.

Said conduct, faiLures and

inadequacj.es

of

training.

education,

and supervision

were

knowing.l-y and

intentionalLy

part

of

SCCE's

policies,

practices,

customs and

procedures

19.


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24.

so as to create

an

environment

of to],erance

and

indifference to violations

of inmates

civil rj-ghts.

The

Defendants authori-zed, pernitted, ratified and

thereby

encouraged

the wrongful

conduct

and activities

as

alleged

herein.

The aforesaid failure

to establish,

abide, and

monitor

Iawful- correctional-

facility

policies

and

procedures

resulted in

the correctional

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.

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 injuries.

The aforesaid

acts,

conduct and

behavi-or

of the

Defendants,

were

done and

performed

under

color

of state

1aw.

The

aforesaid actions by Defendants,

in their offic.iaL

capacity constituted

violations

of the Plaintiff.

Terry

WaIker's rights under the First.

Eourth, Eighth

and

Fourteenth

Amendments

of the Constitution

of the

.

United

states

of America,

as

protected

by

42

u.s.c.

s1983.

2t.

22.

23.

l0


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24.

As a

direct

and

proximate result of

the aforesaid

conduct

by

Defendants

in their

official

capacity,

the

Plaintiff,

?erry Walker, suffered physicat 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

and

psycholog.ical

distress

and

damages

and

wilI Iikely

suffer

from

such

emotional

and

psychological stress

and

damages

in

the

future,

and

was deprived

of his constitutional

and

statutory

rights.

Furthermore,

Plaintiff,

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

pursuant

to

42 U.S.C.

51983

against

Skradzinski

and

County

of

Gloucester

J.

WaIker, demands

judgment

Defendant

Warden Raymond

C.

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.


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corrNt

trc,

-

(42

u.

s. c

s1983)

(Def,ndattt

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

repleaded

in

this Count

Two

as if

ful]y set forth herein.

26. The aforesaid actions by

Defendant


Elbert Johnson and Defendant Correctional

Officer(s)

John

Doe(s)

A-Z in their

individual

capacity, constitute the

use

of excessive force

in violation

of the Plaintj,ff,

Terry

Walker's civil rights

guaranteed

under the

t'ourth

and

Eighth Amendments to the Constitution of

the

United

States

of

Ameri-ca.

27.

The aforesaj,d actions

by

Defendant


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, Terry

Walker,

in vj-olation of his clvil

rights

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)

.fohn

72


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29.

Doe(s)

A-2,

j-n

their individual capacity. constituted

an

illegal

and uncons t

i

tut ional excessive use of force against

Plaintifff Terry J.

WaLker,

in violation of his civil

rights

guaranteed

under the

Fourth

and

Eighth

Amendment

to

the Constitution

of the United States of America.

Defendant Correctionaf

Officer Elbert

Johnson

and Defendant

correctionaL Officer

(s)

John

Doe

(s)

A-Z

physically

and

sexualLy

assaulted Plaintiff and did

so for the

purposes

of

retaliating and punj.shing the Pl-a.intiff for what

the

Defendants believed

to be Plaintiff's complaints

and

cri-ticism of the correctional officers

and Defendant

Correctionaf

Officer Elbert Johnson and Defendant

Correctional

Officer(s)

John Doe(s) A-2, and

because

of

an

animus

held

against

Plaintiff based upon his status

as

an

openly

bi-sexuaf

African-American male

inmate.

The force used

against Plaintiff by


Officer Elbert

Johnson and Defendant

correctional

Officer(s)

John

Doe{s)

A-z was not applied in a

good

faith

effort to

malntain or restore discipline;

but rather was

used maliciously

and

sadistically for the very

purpose

of

causing

harm.

The aforesaid

actions by

Defendants constituted

participation

in an

unlawful-

conspiracy.

with

the

motivation

and

j-ntent

to

retaliate against the P.IainLiff

30.


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for his complaints

against

Defendant


El-bert Johnson

and

Defendant

Correctional

Of

f ic:er

(s

)

John

Doe

(s) A-2, in violation of Plaintiff's civil rights

guaranteed

under

the

First, Fourth,

Eighth,

and

Eourteenth

Amendments

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

African-

American

mal-e

inmate.

32. As a di-rect

and proximate

result of the aforesaid

conduct

by

Defendants,

Plaintiff,

Terry

Walker,

suffered

serious,

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

Plaintiff

was forced

to endure

great

emotional

and

psychological

distress and

damages

and

wil-1

likely suffer

from

such emoLional

and

psychological

stress

and

damages

in

the future, and

was

deprived of

his constitutional and

statutory rights.

Furthermore, PLainLiff,

Terry WaIker

suffered

the

emotional

trauma

and difficulty

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


15/30


L

Filed

Ogl24l]:5

Page

15

of

30 PagelD:

15

IiHEREFORE,

the

Plaintiff

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.

corn[8

IEREE

-

(42

U.S.C

51983)

(AU

D.feDdrnts

-Retaliation)

The allegations of fact

set forth

in the

precedlng

Counts

are repleaded

in this

Count

Three,

as if

fi:Ily

set forth

herein.

The

aforesaid

actions by

Defendants

constitute an

attempt

to

retaliate against Plaintj"ff for

exer:cising a

constiEutionally

protected

right, specificaLly filing

grievances

aga.inst

Defendant

Correctional Officer Elbert

Johnson

and

Defendant

Correctional Officer(s) John

Doe(s)

A-Z

.

35. The aforesaid

actions by Defendants

constj-tuted

participation

in an unlawful conspiracy,

with the

33.

34.

15


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30

PagelD:

16

motivatj,on and

intent to retalj-ate

against the Plaintiff

for his comp.Laints against

Defendant


Elbert

Johnson

and

Defendant

correctional officer(s)

John

Doe

(s)

A-2,

in violation of Plaintiff's

civil rights

guaranteed

under

the Eirst, Eourth, Eighth, and Eourteenth

Amendments

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

inlury,

which required

psychological

care and

treatment,

and

wiIl

j-n

the

fuLure will likely require such care

and

treatment, and

the Plaintiff

was forced to endure

great

emotional

and

psychologica]

distress

and damages and

wj,11

likely suffer from

such

emotional

and

psychological

stress

and damages

in the

future, and

was deprived of his

constitutional

and statutory

rights. Eurthermore,

Plaintiff,

Terry {aIker

suffered the emotional trauma

and

difficulty

of

solitude

confinement imposed subsequent

to

the rape

and

assaulL,

during

his incarceratj-on

which

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


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30

PagelD:

17

Officer

Elbert Johnson

and

Defendant

Correctional

Officer(s)

John

Doe

(s)

A-Z in their

indlvidual capacity,

jointly

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.

corrNT ForrR

-

(rtz

u.s.c

s1985)

(Defendant

Correctional

Officer E1bert ilohnson and Defen&nt

Correctional Off,icer(s)

ilohn Doe(s)

A-Z)

3'7.

The

allegatlons

of

fact

set forth in

the

preceding

Counts

are

repleaded in this Count

Four, as if fu1ly set forth

herein.

38. The

aforesaid actions by Defendant


Elbert

Johnson

and

Defendant


.Tohn

Doe

(s)

A-2, in their

individual

capacity,

constitute

a

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


18/30

39.

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L Filed Ogl24lL5 Page 18 of

30

PagelD:

18

The

actions

on

the

part

of Defendant

CorrectionaL officer

Elbert

Johnson

and


Officer(s)

John

Doe(s)

A-2, lrere

motivated

by not only a

racia.L

bias

and

animus,

but also

a

gender

bias as

the

Defendant

Correctional

officer

Elbert Johnson and Defendant

Correctj-onal

Officer

(s)

John

Doe

(s)

A-2,

rePeatedly

referred

to PLaintiff

using slurs

such as

"faggot"

and

forced Plaintiff to

cut

his fingernails as

punishment

for

being

an openly bi-sexual- African-American

male

inmate.

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, Terry J. Walker,

suffered

serious.

permanent

mental anguish,

emlcarrassment

and

lnjury,

which required

psychologlcal

care and

treatment,

and

wil.L in the

future will Likely require such

care

and

treatment, and the

Plaintiff 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

the future, and was deprived of

his

40.

constitutional

and statutory

rlghts.

Furthermore,


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19

Plaintiff,

Terry J.

Vialker suffered

the emotional

trauma

and

difficulty

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

(s)

John

Doe

(s) A-Z in their individual capacity, jointly

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 deems

just

and

equitable.

corrNT

FnrE

-

({2

U. S. C

51985)

(Defendlnts

Coulrty of Glouc6stc ,

aad

Warden

Ralmond C. Skradzinski)

42.

The

allegations

of fact

set forth

in the

preceding

Counts

are

repleaded

in this Count

Five, as

if fulIy

set forth

herein.

43.

The

aforesaid

actions

by

Defendant

county of Gloucester

and

Defendant

Warden

Raymond

C,

Skradzinski

constitute

a

conspiracy

on the

part

of the

Defendants

for the

purPose

of

79


20/30

44.

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L Filed Oglz4lLS

Page20 of30

PagelD:

20

depriving

Plaintiff

,

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.

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

Plaintiff's

constitutional

rights

and

Defendant

county of

Gloucester

and

Defendant

{arden Raymond

C. Skradzinski

had

the

power

to

prevent or aid

the Plaintiff

and

neglected

to

do so

in violation of

42

U.S.C.

51986.

Defendant

county

of Gloucester

and

Defendant

glarden

Raymond

C. Skradzinski

knew

or should

have known

that

Defendant

Correctional

officer

Elbert Johnson

and

Defendant

correctional

officer(s)

John

Doe(s)

A-z

physical

and sexual

assault

of

Plaintiff

was done

for the

purpose

of

retaliating

and

purrishing

the Plaintiff

for

Plaintiff's

complaints and

crit.icism

of the

correctional officers

and


Officer

Elbert

Johnson and

Defendant

Correctionaf

officer(s)

.lohn Doe(s)

A-z

and

were

committed

45.


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21

based upon

an

animus

against Plaintiff for being an

openly

bi-sexua1,

Afr i can-Ame 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


John

Doe(s) A-Z's

for conduct

was

not applied

in

a

good

faith

effort to

maj.ntain

or

restore

discipline;

but rather was

used

maliciously

and

sadisticaLLy for the very

purpose

of

causing

harm.

4'7.

The

aforesaid

actions

by

Defendants

const

ituted

participation

in an unlawful conspiracy,

with

the

motivation

and intent to retaliate against the

Plaintiff

for his

comp.l-aints

against

Defendant

Correctiona]

Officer

Elbert

Johnson

and

Defendant

correctional Officer

(s)

John

Doe

(s)

A-2, in

viofation

of Plaintiff's civil rights

guaranteed

under the Eirst, 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 DefendanLs, Plaintiff,

Terry J. vlalker, suffered

serious,

permanent

mental anguish, enlcarrassment and

injury,

which required

psychological

care and

treatment,

and will in the

future will

like1y requj-re

such

care

and

27


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of

30

PagelD:22

treatment,

and

the

Plaintiff

vras forced to

endure

great

emotional

and

psychological

dj-stress and damages

and

will

likely suffer from

such

emotional

and

psychological

stress

and

damages

in

the

future,

and

was deprived of

his

constitutional

and

statutory

rights.

Furthermore,

Plaintiff,

Terry

WaIker

suffered the

emotional trauma

and

difficulty

of

solitude

confinement

imposed

subseguent

to

the

rape and

assau.l-t,

during

his

incarceration

which

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


Officer

Elbert Johnson

and


Officer

(s)

John

Doe

(s

)

A-Z

in

their

individual capacity,

jointly

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 deems

just

and erquitable.

corrNE

srx

-

(42

U.s.c

51988)

(AI1

Defendrnts)

22


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t Filed Ogl24ll5

Page23of30

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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

civil

rights and

upon

prevailing

on these

claims, Plaintiff

is

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

j

udgment

pursuant to 42 U.S.c.

51988

against all

Defendants

in their

individual

and

official

capacity,

jointly

and

severallv

for:

a.

attorney' s

fees;

b. interest

and

costs

of suiti and

c.

other

such relief as

the court

deems

iust

and equitable.

51.

COI'NT

SEI,EbI

(Asgault

and B.ttry)

The allegations

of fact set forth

in

preceding

Courts

are

repleaded

in this Count Seven

as if fully set

forth herein'

The

aforesaid actions by


Officer

Elbert

Johnson and

Defendant

Correctionaf Officer(s)

John

Doe(s)

A-Z constitute an assault and battery against

the

Plaintiff, Terry J.

WaIker.

As a direct and

proximate

resu.It of the aforesaid

conduct

by the

Defendant

Correctional

Officer Elbert Johnson

and

52.

53.


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PagelD:24

Defendant

correctional

of

f.icer

(s)

John

Doe(s)

A-2,

in their

individual, capacity,

the Plaintiff, Terry

J. walker,

suffered painful permanent injuries, which

required

psychologicaf

care

and treatment,

and

will in the

future

wi]I Iikely

require

such care and

treatment, and the

Plaintiff

was forced to

endure

pain

and

suffering,

and

was

caused

to suffer

emotlonal and

psychological distress and

damages and

will li.kely

suffer from

such emotional

and

psychologicaL

stress and

damages

in the future, and

was

deprived of

his consti-tutional

and

statutory

rights.

Furthermore,

Plaintiff,

Terry J'

il',alker suffered

the

emotional"

trauma

and difficulty

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 Officer

Efbert

Johnson

and


Officer

(s)

John

Doe

(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 deems

just

and

equitable.

24


25/30


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Page 25

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PagelD:

25

COI'IIT

IIGEI

(ltcqll.iE

nt P.r.on.l

Iplua-y)

54.

The allegations of fact set forth

in the

preceding

Counts

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,

the

said

Defendants

were

acting in the

scope

of 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

and in

their

representative capacities,

Plaint.j.ff, Terry

,J.

Walker, suffered

permanent

painful

injuries, which

required

psychological

care and treatment, and will in the

future

wj.ll likely require such

care and treatment, and

the

Plaintiff

was

forced

to

endure

pain

and

suffering,

and

was

caused to suffer

emotional and

psychological

distress

and

25


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26

damages

and

will likely

suffer

from such

emotional

and

psychologlcal stress

and

damages

in the

future, and

was

deprived of his constitutional and statutory rights.

Furthermore,

PlainEiff,

Terry J.

Walker, suffered

the

emotj-onaI

trauma

and

difficulty

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

Counts

are

repleaded

in

this Count Nine,

as i-f

fully

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


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PagelD:27

Correctional

Officer

John Doe(s)

A-2, individually

and in

their

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 likely require

such

care and

treatment,

and

the

Plaintiff

was

forced to

endure

pain

and

suffering,

and

was

caused to

suffer emotional

and

psychological

distress

and

damages

and

wilI Iikely suffer from such emotional

and

psychological

st.ress and damages in the future, and

was

deprived of

his

constitutional

and statutory rights.

Furthermore, Terry,J.

Walker

suffered

the emotional trauma

and difficulty of solitude confinement during

hi-s

incarceration

which

was imposed

as

a resul'L of

his

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;

and

27


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PagelD:

28

d. other

such

relief

as the

court deems

just

and equitable.

COI'NT r}I

(New

Jersey

State

constitutj,on)

62.

The allegations

of fact set forth

in

the

preceding

Counts

are

repleaded in this

Count ?en, as if fully set forth

63.

herein.

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.

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- likely suffer

from such emotional and

psychologica]

stress and

damages

in the future, and

was

64.

28


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Case

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1

Filed

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Page 29

of 30

PagelD: 29

deprived

of

his constitutional

and statutory

rights.

Eurthermore,

Plalntiff

Terry

J' l{alker

suffered

the

emotional trauma and difficulty 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.

VIHEREFORE.

the

Plaintiff

Terry

J. l,alker,

demands

judgment

against

Defendants

for:

a,

compensatory and

punit.ive

damages;

b.

attorney'

s

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

Counts

are

repleaded

in this

Count

Eleven,

as if fully

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


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of

30

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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

just

and

equit,able.

McFADDEN

LAW

FIRM,

P.C.

Attorney for

Plaintiff

s/Louis P. McFadden,

Jr.

(0798)

Dated:

September

24,

20L5

30

Documents

Terry J. Walker v County of Gloucester, Salem County Correctional Facility Warden Raymond Skradzinski, former Salem County Corrections Officer Elbert B. Johnson II