Bacon v. Mandell
| Decision Date | 14 September 2012 |
| Docket Number | Civil Action No. 12-3479 (JAP),Civil Action No. 10-5506 (JAP),Civil Action No. 12-0843 (JAP),Civil Action No. 12-4511 (JAP),Civil Action No. 12-2779 (JAP),Civil Action No. 12-3273 (JAP),Civil Action No. 12-0842 (JAP),Civil Action No. 12-2778 (JAP),Civil Action No. 12-0844 (JAP),Civil Action No. 12-3169 (JAP),Civil Action No. 12-3390 (JAP),Civil Action No. 12-3272 (JAP),Civil Action No. 12-0841 (JAP),Civil Action No. 12-3575 (JAP),Civil Action No. 12-3170 (JAP),Civil Action No. 12-2883 (JAP),Civil Action No. 12-5230 (JAP),Civil Action No. 12-3056 (JAP),Civil Action No. 12-3274 (JAP),Civil Action No. 12-0845 (JAP),Civil Action No. 12-4341 (JAP),Civil Action No. 12-3055 (JAP),Civil Action No. 12-3391 (JAP),Civil Action No. 12-3392 (JAP),Civil Action No. 12-3694 (JAP),Civil Action No. 12-3580 (JAP),Civil Action No. 12-3393 (JAP),Civil Action No. 12-3217 (JAP),Civil Action No. 12-3494 (JAP) |
| Parties | JOEL JERMAINE BACON, Plaintiff, v. DR. MANDELL et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ANNE KLEIN FORENSIC CENTER, Defendant. JOEL JERMAINE BACON, Plaintiff, v. CHRISTIE TODD WHITMAN, Defendant. JOEL JERMAINE BACON, Plaintiff, v. ALEX DAVIS, Defendant. JOEL JERMAINE BACON, Plaintiff, v. JAMESBURG DETENTION HOME, Defendant. JOEL JERMAINE BACON, Plaintiff, v. JAMES FORSYTHE #43618, Defendant. JOEL JERMAINE BACON, Plaintiff, v. DR. ROBERT ROTH, Defendant. JOEL JERMAINE BACON, Plaintiff, v. DR. B. MARTY, Defendant. JOEL JERMAINE BACON, Plaintiff, v. ATLANTIC CITY POLICE, Defendant. JOEL JERMAINE BACON, Plaintiff, v. MR. JOHN MANE et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ANNE KLEIN FORENSIC CENTER et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. THOMAS KAZANES et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. RASHON JOHNSON, Defendant. JOEL JERMAINE BACON, Plaintiff, v. M.S.O. SYLVESTER, Defendant. JOEL JERMAINE BACON, Plaintiff, v. TRENTON STATE PRISON, Defendant. JOEL JERMAINE BACON, Plaintiff, v. ALL MEDICAL STAFF et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ALL REHAB STAFF et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. DOCTORS SUPERVISORS et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ALL MSO'S AND SR MSO'S et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. KITCHEN SUPERVISORS et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ALL KITCHEN STAFF et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. SR. M.S.O. LOPEZ, Defendant. JOEL JERMAINE BACON, Plaintiff, v. STATE OF NEW JERSEY, Defendant. JOEL JERMAINE BACON, Plaintiff, v. ATLANTIC CITY PRESS, Defendant. JOEL JERMAINE BACON, Plaintiff, v. SURVEILLANCE SECURITY, Defendant. JOEL JERMAINE BACON, Plaintiff, v. ALL DOCTORS et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. ALL TREATMENT TEAMS et al., Defendants. JOEL JERMAINE BACON, Plaintiff, v. THE ATLANTIC CITY PRESS, Defendant. JOEL JERMAINE BACON, Plaintiff, v. SUPERVISOR 1st 2nd 3rd SHIFT Defendants. |
| Court | U.S. District Court — District of New Jersey |
APPLIES TO ALL ACTIONS
OPINIONAPPLIES TO ALL ACTIONS
I. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff is a civilly committed individual who commenced his initial case in this District on October 22, 2010; that case was assigned to Judge Jerome B. Simandle ("Judge Simandle"). See Bacon v. Burns ("Bacon v. Burns"), Civil Action No. 10-5484 (JBS) (D.N.J. Oct 22, 2010). The pro se complaint in Bacon v. Burns, as well as the pro se amended complaint filed in that matter on December 23, 2010, alleged that, during a certain period of Plaintiff's confinement, he was subjected to involuntary medication with the anti-psychotic drug Haldol in violation of his constitutional rights. See Bacon v. Burns, Docket Entry No. 1. On April 13, 2011, the defendants in Bacon v. Burns filed their first motion for summary judgment, challenging Plaintiff's claims which, at that point, were still argued pro se. See id. Docket Entries Nos. 13 and 14.
On November 15, 2011, Judge Simandle granted the defendants' motion in part and denied it in part, allowing the sole remaining defendant to file a supplemental motion for summary judgment.1 See id. Docket Entries Nos. 25 and 26.
In connection with resolving the first motion for summary judgment, Judge Simandle made the following factual finding:
On June 1, 2009, the Plaintiff was transferred from Ann Klein Forensic Center to Ancora Psychiatric Hospital in Hammonton, New Jersey. . . . Dr. Elizabeth Burns . . . the treating psychiatrist for the Plaintiff at Ancora Psychiatric Hospital from September 22, 2009 to January 13, 2010. Dr. Burns diagnosed the Plaintiff with Schizoaffective Disorder Bipolar Type, a major mental illness. Shortly after Dr. Burns began treating the Plaintiff, Dr. Burns prescribed several medications, including Haldol, for his psychiatric disorder. . . . Dr. Burns concluded in her professional opinion that the prescribed medications, including Haldol, were a necessary part of the Plaintiff's treatment plan. . . . On December 3, 2009, Dr. Burns initiated the Three Step Process followed by Ancora Psychiatric Hospital in accordance with New Jersey Administrative Bulletin 5:04 for administering psychotropic medication to a non-consenting patient. Dr. Burns certified that the Plaintiff would harm himself or others without the medication . . . .
Bacon v. Burns, 2011 U.S. Dist. LEXIS 132148, at *1-3 (D.N.J. Nov. 15, 2011) (citations omitted).
In February 2012, that is, about a year and a half after commencing his Bacon v. Burns action, Plaintiff ceased proceeding pro se in that matter, since Judge Simandle appointed two attorneys to act as Plaintiff's pro bono counsel for the purposes of Plaintiff's opposition to thatsupplemental motion and the remainder of Bacon v. Burns action. See id. Docket Entries Nos. 35, 36, 37, 51 and 52. As of now, that motion is still pending.
Meanwhile, on October 25, 2010, Plaintiff submitted another civil complaint; that complaint also asserted that his constitutional rights were violated by the same chain of involuntary medications. See Bacon v. Madnell ("Bacon v. Madnell"), Civil Action No. 10-5506 (JAP) (D.N.J. Oct. 25, 2010). This Court, presiding over the Bacon v. Madnell matter, directed administrative termination of Bacon v. Madnell as facially duplicative of Bacon v. Burns. See Bacon v. Madnell, Civil Action No. 10-5506, Docket Entry No. 2. In response, Plaintiff applied for appointment of pro bono counsel and submitted a letter asserting that Bacon v. Mandel was closed in error. See id. Docket Entries Nos. 4 and 5. The Court construed these applications as Plaintiff's motion for reconsideration and denied the same by an order issued on December 1, 2010. See id. Docket Entry No. 6.
On February 8, 2011, Plaintiff submitted another civil complaint asserting that his rights were violated by the same chain of involuntary medications. See Bacon v. Adetunji ("Bacon v. Adetunji"), Civil Action No. 11-0706 (JBS) (D.N.J. Feb. 8, 2011), Docket Entry No. 1.
Since Plaintiff's complaint in Bacon v. Adetunji was subject to dismissal on the grounds already articulated twice by this Court in Bacon v. Madnell, Judge Simandle directed termination of Bacon v. Adetunji as duplicative. See Bacon v. Adetunji, Civil Action No. 11-0706, Docket Entry No. 2 (). That termination took place on March 21, 2011. See id. at 3.
During the first few months of 2012, Plaintiff submitted six new civil complaints, thus commencing six new actions in this District. Specifically, Plaintiff initiated Bacon v. Dupree ("Bacon v. Dupree"), Civil Action No. 12-0784 (assigned to Judge Simandle),2 and five matters assigned to the undersigned, namely: Bacon v. Anne Klein Forensic Center ("Bacon v. AKFC"), Civil Action No. 12-0841; Bacon v. Whitman ("Bacon v. Whitman"), Civil Action No. 12-0842; Bacon v. Davis ("Bacon v. Davis"), Civil Action No. 12-0843; Bacon v. Jamesburg Detention Home for Boys ("Bacon v. Jamesburg"), Civil Action No. 12-0844; and Bacon v. Forsythe ("Bacon v. Forsythe"), Civil Action No. 12-0845.
In Bacon v. AKFC, Plaintiff asserted that he was "falsely convicted of crime and put in double jeopardy"; he sought monetary damages in the amount of "eight billion dollars" on the basis of his belief that his conviction and/or civil confinement were illegal. The Courtdetermined that this application for monetary relief was facially premature under the holding of Heck v. Humphrey, 512 U.S. 477 (1994), while Plaintiff's request for release from confinement was subject to dismissal for lack of jurisdiction, since that request was of habeas nature. See Bacon v. Anne Klein Forensic Ctr., 2012 U.S. Dist. LEXIS 71018 . However, out of abundance of caution, the Court granted leave to Plaintiff to file an amended complaint in Bacon v. AKFC and reserved the determination as to whether Plaintiff's application for appointment of pro bono counsel should be granted.3
In Bacon v. Whitman, Plaintiff alleged that a certain "Christie Todd Whitman"4 violated Plaintiff's rights because she "endangered the welfare of a child" since she "put criminal charges on a child that were meant to protect children but instead put this child in a dangerous position for the rest of his life on Megans as a juvenile child 14 years old." Bacon v. Whitman, Docket Entry No. 1. In connection with this allegation, Plaintiff sought "88 zillion dollars." Id. The Court ruled on Plaintiff's Bacon v. Whitman challenges as follows:
Even if this Court were to hypothesize that Plaintiff refers to himself as "the child" at issue (since, otherwise, Plaintiff's claims would necessarily be subject to dismissal for lack of standing), it is self-evident that Governor Whitman could not have any personal involvement in Plaintiff's criminal prosecution or in procurement of his order of civil commitment, since...
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