HOLLAND v. NEW JERSEY DEPT. OF CORRECTIONS

Nos. 00-1801, 00-2356, and 00-2357.

246 F.3d 267 (2001)

Walter HOLLAND; Oveston Cox; Terry Jacobs; Brian Taylor; Walter Williams; Mildeo Raghu; J. James Roberson, Luther Gregg; Wilhelmina Sherrod; Lilli Smitherman, as Administratrix of the Estate of Richard Smitherman, on behalf of themselves and all other persons similarly situated, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, The; **Jack Terhune; William Plantier; Scott Faunce; George Blaskewicz; John Swal; James Williams; Frank Budd; David Wianecki; Louis Helmkin; Arthur Fingerman; Wayne Schultz; Ronald Ensana; Thomas Moran; Michael Viggiano; Paul Schuster; Gregory Daukshaus, Lawrence Carpenter; Patrick Arvonio; Al Ortiz; Joseph Butler; Robert Miller; Herbert Bowlby; Michael Devine; Dominick Conte; Barry Parks; Raymond Conover; David Tilbury; Anthony Porto; Robert Stephens; James Lutz; Frederick Valusek; Carolyn Abboa-Offei; Lydell Sheerer; Christopher Norelli; George Kennybrook; individually and in their capacities as employees and agents of the New Jersey Department of Corrections; State Law Enforcement Conference of the New Jersey State Policemen's Benevolent Association; New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit; New Jersey Superior Officer's Law Enforcement Association; Captains Unit; Internal Affairs Investigators Association, Internal Affairs Investigators Unit, as necessary parties pursuant to Fed.R.Civ.Pro. 19(a)(D.C. No. 93-cv-01683) James Lutz James Lutz, v. Luther Gregg, (D.C. No. 94-cv-02391) Usa, USA, Plaintiff. Lilli Smitherman, in her Capacity as Executrix of the Estate of Richard Smitherman; Walter Holland; Oveston Cox; Brian Taylor; Terry Jacobs; Walter Williams, Intervenor-Plaintiffs, v. State of New Jersey; New Jersey Department of Corrections; Jack Terhune,** in his Official Capacity as Commissioner of the New Jersey Department of Corrections; State Law Enforcement Conference Of The New Jersey State Policemen's Benevolent Association; New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit; New Jersey Superior Officers Law Enforcement Association, Superior Officers Law Enforcement Unit; New Jersey Superior Officers Law Enforcement Association, Captain Unit; Internal Affairs Investigators Association, Internal Affairs Investigators Unit (D.C. No. 94-cv-03087) Usa, Plaintiff Lena Haskins, on behalf of herself and all other persons similarly situated, Intervenor-Plaintiffs, v. USA, Plaintiff. New Jersey Department of Corrections, The, Defendant **Jack Terhune; Joseph Glover, individually and in their capacity as employees of the New Jersey Department of Corrections, Intervenor-Defendants (D.C. No. 94-cv-04724) *State of New Jersey; *New Jersey Department of Corrections; **Jack Terhune, Appellants in No. 00-1801 *(Pursuant to F.R.A.P. 12(a)) **(Substituted Pursuant to Rule 43(c)(2)) United States of America, Appellant in No. 00-2356 Walter Holland, Oveston Cox, Terry Jacobs, Brian Taylor, Walter Williams, Mildeo Raghu, James Roberson, Luther Gregg, Wilhelmina Sherrod, and Lilli Smitherman, as administratrix of the Estate of Richard Smitherman, on behalf of themselves and all others similarly situated, and Lena Haskins, on behalf of herself and all other persons similarly situated, Appellants in No. 00-2357.

United States Court of Appeals, Third Circuit.

Filed April 4, 2001.


Attorney(s) appearing for the Case

John J. Farmer, Jr., ESQUIRE ATTORNEY GENERAL OF NEW JERSEY MICHAEL J. HAAS, ESQUIRE ASSISTANT Attorney General JAMES D. HARRIS, ESQUIRE (ARGUED) TODD J. SCHWARTZ, ESQUIRE DEPUTY ATTORNEYS GENERAL Office of Attorney General of the State of New Jersey R.J. Hughes Justice Complex P.O. Box 112 Trenton, N.J. 08625, Counsel for State of New Jersey, New Jersey Department of Corrections, and Jack Terhune, as Appellants/Cross-Appellees.

MIRIAM F. CLARK, ESQUIRE (ARGUED) LEWIS M. STEEL, ESQUIRE RACHEL S. LEVITAN, ESQUIRE Steel, Bellman, Ritz & Clark, P.C. 225 Broadway, Suite 2501 New York, N Y 10007, Counsel for Holland and Haskins Classes as Appellees/Cross-Appellants.

BILL LANN LEE, ESQUIRE ASSISTANT ATTORNEY GENERAL DENNIS J. DIMSEY, ESQUIRE SETH M. GALANTER, ESQUIRE (ARGUED) MARIE K. McELDERRY, ESQUIRE United States Department of Justice P.O. Box 66078 Washington, DC 20035-6078 Counsel for the United States as Appellee/Cross-Appellant.

BEFORE: BECKER, Chief Judge, RENDELL and MAGILL, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

Several employees of the New Jersey Department of Corrections (NJDOC) filed suit in the District Court for the District of New Jersey, alleging employment discrimination and harassment on the basis of race and gender at NJDOC facilities. The United States Department of Justice (DOJ) also instituted a discrimination and harassment lawsuit against NJDOC, and this case was...

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