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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN DIVISION
JUNE RODGERS, individually
)
and as administrator of the Estate of )
Christian Phillip Nolan Rodgers,
)
)
Plaintiff,
)
)
v.
)
)
CHRISTOPHER JAMES
)
CHRISTIE and
)
CHRISTOPHER S. PORRINO,
)
in their individual and official
)
capacities, and
)
)
THE LAURA AND JOHN
)
ARNOLD FOUNDATION,
)
and
)
)
ANNE MILGRAM,
)
)
Defendants.
)

Civil Action No. _____________

JURY TRIAL DEMANDED

COMPLAINT FOR MONETARY DAMAGES AND INJUNCTIVE RELIEF
NOW COMES June Rodgers, as the administrator of the Estate of Christian
Rodgers, and individually as Christian Rodgers’s mother and survivor, and files
this action under 42 U.S.C. § 1983 and state laws of New Jersey to vindicate her
rights and the rights of her son under the Fourteenth Amendment of the
Constitution of the United States and the Constitution of the State of New Jersey.

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PRELIMINARY STATEMENT
1.
Christian Phillip Nolan Rodgers, was fatally shot on the street in cold
blood by a man released just days earlier on New Jersey’s “Bail Reform”
initiative. Jules Black, the man arrested and charged with Mr. Rodgers murder,
had been arrested on April 5, 2017 by New Jersey State Police. That arrest
stemmed from charges that Black, a convicted felon, was carrying a 9mm pistol
in his car during a traffic stop. Black was released after that arrest without
having to post bond and with zero accountability due to the New Jersey “Bail
Reform” initiative, championed and passed by Governor Christie. Black shot
Rodgers 22 times.
2.
The Criminal Justice Reform Act (“CJRA”), passed in 2014, requires courts
and prosecutors to use a “scoring system” known as the Public Safety
Assessment (“PSA”), which was developed by the Laura and John Arnold
Foundation (“Arnold Foundation” or “Arnold”). Instead of setting bail, judges
are—by law—required to consider and exhaust a laundry list of other conditions
of release before even considering bail, and the judges’ decisions are required to
be based upon the PSA. The problem is, when the PSA came into effect in
January 2017, it didn’t work, and throngs of violent criminals were released into

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the streets of New Jersey’s neighborhoods. Rodgers was but one victim of
Christie’s so-called “progress.”
3.
Christie claims the CJRA is designed to keep people out of jail because
they are poor and cannot afford bail, but in reality, Christie’s goal was to save
money on the costs of incarceration in the state. While the costs of incarceration
are high, and the demand for reform is nearly universal, to knowingly employ a
system with dangerous risks that would impact—and did impact—the lives of
8.9 Million people who live in the state of New Jersey was unconscionable.
Christie and Porrino’s actions amounted to deliberate indifference of June
Rodgers’s substantive due process rights guaranteed by the Fourteenth
Amendment, including the right to companionship with her son. Governor Chris
Christie and Attorney General Porrino knew that by using the new PSA system
the number of criminals on the street would skyrocket—but Christie and Porrino
disregarded that risk because they wanted to save money (and gain political
traction to aid in various campaigns). As a direct result of Christie and Porrino’s
deplorable apathy, Christian Rodgers was fatally shot 22 times by a man who
would have been locked up but for Christie and Porrino’s use of the deadly
“public safety” system, based upon this flawed PSA.

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4.
Judge Ernest Caposela, who helped implement the use of the PSA in the
state, claims that “we did not institute criminal justice reform to put bail
bondsmen out of business and to empty out the jails, we did it to respect the
presumption of innocence and design a system that is fair and honest.” But there
was nothing fair about Christian Rodgers being shot 22 times in cold blood by a
villain that should have been behind bars. It isn’t good enough to have positive
intentions, and both Christie and Porrino have a responsibility to protect and
defend the Constitutional rights of the citizens of New Jersey, including June
Rodgers and her son.
5.
Rodgers was African American, and it is no coincidence that the tragic and
violent end of his life occurred in a predominantly African American
neighborhood. In New Jersey, African American residents are incarcerated at a
rate twelve times that of white residents, despite comprising only 15 percent of
the population, and thus releasing tens of thousands of defendants into
communities by using the fatally flawed PSA tool impacted African American
neighborhoods at an unprecedented scale of magnitude. Christie knew this
would happen, and he let it happen. Christie’s disparate treatment of African
Americans is no secret to those paying attention. As a result, New Jersey Bail

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reform created a system where African Americans in New Jersey are placed at a
much higher risk of crime being perpetrated against them, as dangerous and
violent offenders are cut loose from jails and shoved into communities where
innocent people suffer, just like Christian Rodgers. In a sick twist, Christie’s Bail
Reform, in the name of helping minority communities, actually makes those
communities more dangerous and is eliminating bail bond companies in New
Jersey altogether—a significant number of which are owned by African
Americans.
6.
The PSA system was developed by the Laura and John Arnold
Foundation, which lobbied for its use and continue to parade its positive
“results” around the country. The PSA that Arnold designed fails every test for
safety, and Arnold failed to mention the extreme dangers that its PSA product
would and does present to those who use it. And thanks to considerable
lobbying efforts by Arnold Foundation and its Vice President of Criminal Justice
and former Attorney General of New Jersey, Anne Milgram (the PSA’s chief
architect), the PSA is now forced onto New Jersey residents by law in the CJRA.
Placing this product into New Jersey communities and the resulting brutal
murder of Christian Rodgers make Arnold liable as well. As such, June Rodgers,

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as Christian’s survivor and as the administrator of his estate, is pursuing all
available remedies against these Defendants.
JURISDICTION AND VENUE
7.
Jurisdiction is proper under 28 U.S.C. § 1331 and 1343(a)(4), as well as
under 42 U.S.C. § 1983. And Venue is proper under 28 U.S.C. § 1391(b) and on
the supplemental jurisdiction of this Court to adjudicate claims arising under
state law pursuant to 28 U.S.C. § 1367(a).
RELEVANT FACTS
I.

The Parties
A. June Rodgers, Plaintiff
8.
June Rodgers is the surviving mother of Christian Rodgers, who was killed

by Jules Black after he was released under the CJRA. Ms. Rodgers is suing on her
own behalf and as the administrator of Christian Rodgers’s estate.
B. Christopher James Christie, Defendant
9.
Christopher James Christie is the Governor of New Jersey, and the state’s
chief decision-maker. He can be served personally at his place of business.

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C. Christopher S. Porrino, Defendant
10.
Christopher S. Porrino is the Attorney General of the state of New Jersey
who is charged with executing the laws of the state, including the CJRA and its
PSA. He can be served personally at his place of business.
D. Arnold Foundation and Anne Milgram, Defendants
11.
Laura and John Arnold Foundation is a philanthropic organization
incorporated in Houston, TX and doing business in the state of New Jersey.
Arnold designed the PSA and provided/provides it to New Jersey for
determining the release of incarcerated criminal defendants. Arnold can be
served at the address of its registered agent as provided to the Texas Secretary of
State.
Anne Milgram was the Vice President of Criminal Justice policy with the
Laura and John Arnold Foundation, chief architect of the PSA, and is the former
Attorney General of New Jersey
II.

Appointment of Personal Representative of Probate Estate and Issuance
of Letters of Administration
12.
On April 9, 2017, Christian Rodgers, a resident of Cumberland County,

New Jersey, died.
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13.
In July of 2017, the Surrogate Court of Cumberland County, New Jersey
appointed June Rodgers as Personal Representative of Mr. Rodgers’s probate
estate.
14.
The Surrogate Court issued Letters of Administration to Ms. Rodgers.
III.

A History of Arnold’s PSA assessment tool
15.
Prior to the passage of the CJRA, Arnold Foundation designed an

algorithm for the specific purpose of replacing monetary bail with a “risk
assessment” tool. This algorithm was used to create its own Public Safety
Assessment tool (PSA) to introduce to jurisdictions across the United States.
16.
In 2015, after two years of testing, the formula, developed at a cost of $1.2
million by the Laura and John Arnold Foundation, rolled out to multiple
jurisdictions.
17.
Anne Milgram, the vice president for criminal justice for the Arnold
Foundation and the former attorney general of New Jersey, helped push New
Jersey to adopt the formula.

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18.
For several years, the Arnold Foundation lobbied New Jersey legislators
and Governor Chris Christie to adopt its PSA.
19.
After years of lobbying efforts, the Arnold Foundation got what they
wanted and Governor Chris Christie and Attorney General Chris Porrino agreed
to adopt Arnold Foundation’s PSA tool whole cloth in the state of New Jersey
and use it as the motherboard of the CJRA.
20.
The CJRA was written specifically for the application of Arnold
Foundation’s PSA to all eligible pretrial criminal defendants.
IV.

The CJRA and its mandated use of the PSA
21.
In 2012, Governor Christie called for a state constitutional amendment to

reverse New Jersey’s historic bail practice and permit pre-trial detention of
defendants deemed likely to commit future crimes.
22.
New Jersey’s Chief Justice then established and chaired the Joint
Committee on Criminal Justice, which included members from all three branches
of state government. In March 2014, the committee produced a report

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recommending that the state authorize pre-trial detention based on a defendant’s
perceived dangerousness and that the state replace the traditional system of
release on monetary bail with a new “risk-based instrument” that would “aid
judges as they craft conditions of release … like electronic monitoring, house
arrest, and reporting.” N.J. Judiciary, Report of the Joint Committee on Criminal
Justice 2-3 (Mar. 10, 2014), available at http://bit.ly/2pyNFUV (“Joint
Committee Report”).
23.
Soon after publication of the Joint Committee Report, the New Jersey
legislature passed (in a special session, through procedurally deficient
mechanisms) and Governor Christie signed the CJRA, which dramatically
changed the state’s pretrial detention and release procedures, largely in keeping
with the committee’s recommendations. See P.L. 2014, c.31, §1 (codified at
N.J.S.A. 2A:162-15 et seq.).
24.
The CJRA creates a five-stage, hierarchical process for courts to follow in
making pre-trial custody determinations for defendants charged with offenses
through a complaint-warrant. N.J.S.A. 2A:162-16d(1); see State v. Robinson, No.
078900, 2017 WL 1908548, at *6 (N.J. May 10, 2017) (describing this “hierarchy”).

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25.
First, the court “shall order” the pre-trial release of the defendant on
personal recognizance or execution of an unsecured appearance bond (in
essence, a promise to appear) when the court finds that such a release would
“reasonably assure the eligible defendant’s appearance in court when required,
the protection of the safety of any other person or the community, and that the
eligible defendant will not obstruct or attempt to obstruct the criminal justice
process.” N.J.S.A. 2A:162-17a.
26.
Second, if the court finds at stage one that release on personal recognizance
or an unsecured appearance bond will not provide the requisite assurance, the
court “may order” pre-trial release subject to the conditions that the defendant
“not commit any offense during the period of release … avoid all contact with an
alleged victim of the crime … [and] avoid all contact with” witnesses who may
testify concerning the offense. N.J.S.A. 2A:162-17b(1).
27.
The court may then add “the least restrictive condition, or combination of
conditions, that the court determines will reasonably assure the eligible
defendant’s appearance in court when required, the protection of the safety of
any other person or the community, and that the eligible defendant will not

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obstruct or attempt to obstruct the criminal justice process.” N.J.S.A. 2A:16217b(2); see Robinson, 2017 WL 1908548 at *6. Those conditions “may include,”
inter alia:
• remaining “in the custody of a designated person”;
• restrictions “on personal associations, place of abode, or travel”;
• reporting “on a regular basis to a designated law enforcement” or other
government agency;
• complying “with a specified curfew”;
• refraining from possessing a firearm;
• undergoing medical or psychological treatment;
• returning “to custody for specified hours following release for
employment, schooling, or other limited purposes”;
• placement “in a pretrial home supervision capacity with or without the
use of an approved electronic monitoring device,” including at the
defendant’s expense; and
• “any other condition” necessary to provide the requisite assurances.
N.J.S.A. 2A:162-17b(2).
28.
Third, if the court “does not find, after consideration” at stage two of all the
conditions described above that release subject to any combination of these

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conditions “will reasonably assure the eligible defendant’s appearance in court
when required,” the court then, and only then, “may order the pretrial release of
the eligible defendant on monetary bail.” N.J.S.A. 2A:162-17c(1). In other words,
“[m]onetary bail may be set for an eligible defendant only when it is determined
that no other conditions of release will reasonably assure the eligible defendant’s
appearance in court when required.” N.J.S.A. 2A:162-15 (emphasis added).
29.
In addition, the court “may only impose monetary bail … to reasonably
assure the eligible defendant’s appearance.” N.J.S.A. 2A:162-17c(1). “The court
shall not impose the monetary bail to reasonably assure the protection of the
safety of any other person or the community or that the eligible defendant will
not obstruct or attempt to obstruct the criminal justice process, or for the purpose
of preventing the release of the eligible defendant.” Id.
30.
Fourth, if the court “does not find, after consideration” that either
nonmonetary conditions alone (as assessed at stage two) or monetary bail alone
(as assessed at stage three) will provide the requisite assurances, the court may
order pre-trial release subject to a combination of non-monetary conditions and
monetary bail. N.J.S.A. 2A:162-17d(1).

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31.
Finally, if the prosecutor seeks pre-trial detention and the court finds
by “clear and convincing evidence that no amount of monetary bail, nonmonetary conditions of pretrial release or combination of monetary bail and
conditions would reasonably assure the eligible defendant’s appearance in court
when required, the protection of the safety of any other person or the
community, and that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process,” the court can order pre-trial detention.
N.J.S.A. 2A:162-18a(1).
32.
At every stage, the process includes consideration of the result of a
statutorily mandated “pretrial risk assessment” conducted by the Pretrial
Services Program for the purpose of making recommendations to the court
concerning an “appropriate pretrial release decision.” N.J.S.A. § 2A:162-25(b).
33.
The “pretrial risk assessment” must be conducted using “a risk assessment
instrument approved by the Administrative Director of the Courts” that
purportedly meets certain requirements, including that the instrument be
“objective, standardized, and developed based on analysis of empirical data and
risk factors relevant to the risk of failure to appear in court when required and

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the danger to the community while on pretrial release.” N.J.S.A. § 2A:16225(c)(1).
34.
The requirements of the risk assessment instrument were written
specifically based on Arnold Foundation’s description of the PSA it designed.
35.
Under the CJRA, the risk assessment must be completed and presented to
the court so that the court can, “without unnecessary delay, but in no case later
than 48 hours after the eligible defendant's commitment to jail, make a pretrial
release decision.” N.J.S.A. § 2A:162-25(b).
36.
Under the new bail system, judges are required to base their decisions
on the PSA scores.
37.
As part of the CJRA’s implementation, New Jersey’s courts are instructed
in their own rules to prioritize non-monetary conditions of pre-trial release over
monetary bail. Under the New Jersey Rules of Court, a court has no authority to
consider monetary bail unless and until it considers and rejects non-monetary
pre-trial release options based on the PSA. See, e.g., Rule 3:26-1(a)(1)
(“[M]onetary conditions may be set for a defendant but only when it is

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determined that no other conditions of release will reasonably assure the
defendant’s appearance in court when required.”).
38.
In November 2014, New Jersey voters approved a constitutional
amendment replacing the centuries-old guarantee that “[a]ll persons shall … be
bailable by sufficient sureties,” except in some capital cases, with a provision that
“[p]retrial release may be denied to a person if the court finds that no amount of
monetary bail, non-monetary conditions of pretrial release, or combination of
monetary bail and non-monetary conditions would reasonably assure the
person’s appearance in court when required, or protect the safety of any other
person or the community, or prevent the person from obstructing or attempting
to obstruct the criminal justice process.” N.J. Const. art. I, §11.
39.
In sum, the CJRA “changed the landscape of the State’s criminal justice
system,” replacing a system that guaranteed a monetary bail determination to all
defendants except those in certain capital cases with a system that authorizes
pretrial detention based on perceived dangerousness and imposition of severely
restrictive conditions such as electronic monitoring and home detention without
any opportunity to post monetary bail. Robinson, No. 078900, 2017 WL 1908548,
at *4.

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40.
Defendant Porrino has confirmed that the “Bail Reform Law is intended to
end New Jersey’s historical reliance on monetary bail.” Christopher S. Porrino,
Attorney General of New Jersey, Attorney General Law Enforcement Directive
No. 2016-6, at 55 (Oct. 11, 2016), available at http://bit.ly/2pjHDeP.
41.
According to Defendant Porrino, under the CJRA, monetary bail is “a last
resort” that is reserved only for “limited situations”—i.e., “when the court finds
that release on non-monetary conditions will not reasonably assure the
defendant’s appearance in court when required.” Christopher S. Porrino,
Attorney General of New Jersey, Attorney General Law Enforcement Directive
No. 2016-6, at 55 (Oct. 11, 2016), available at http://bit.ly/2pjHDeP. In other
words, “there shall be a presumption against seeking monetary bail.” Id. at 56.
The CJRA clearly limits consideration of monetary bail, but by reserving it for the
most difficult pretrial release situations the CJRA, and through their advocacy
Christie and Porrino, acknowledge the superior effectiveness of monetary bail in
guaranteeing the appearance of criminal defendants.

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V.

The PSA’s effect, in numbers
42.
New Jersey’s new pre-trial release and detention procedures under the

CJRA took effect January 1, 2017.
43.
Although New Jersey appears not to have issued official statistics on the
number of defendants released on monetary bail under the new law, one
prominent newspaper reported that of “the 3,382 cases statewide that were
processed in the first four weeks of January, judges set bail only three times.”
Lisa W. Foderaro, New Jersey Alters its Bail System and Upends Legal
Landscape, N.Y. Times (Feb. 6, 2017), http://nyti.ms/2llmeMR. Thus, while bail
remains a theoretical option, “the reality is that judges have nearly done away
with it.” Id.
44.
According to the state’s preliminary statistics, in the first six months of
2017, New Jersey courts granted 3,307 pre-trial detention motions from
prosecutors—a procedural mechanism that allows detention without the
consideration of bail and that did not exist before the new law. N.J. Courts,
Criminal Justice Reform Statistics: January 2017-June 2017, Chart A,
http://bit.ly/2q68u9Y.

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45.
According to the same statistics, approximately 18,000 individuals were
released subject to non-monetary conditions in the first six months of 2017. Id.
46.
In Cumberland County, between January 1 and June 1, 2017, 2,195
defendants were released into the community, while only 287 received detention.
47.
Between January 1, 2017 and June 1, 2017, the overall pretrial jail
population decreased by 19.8% state-wide, from 7,337 to 5,884 pretrial detainees.
In Cumberland County, where Rodgers and his family live, the decrease was
24.3%. While reducing jail populations is a noble goal, this case underscores that
sometimes pretrial detention keeps us all safe. Had Jules Black been detained as a
felon carrying a gun, Christian Rodgers would be alive today.
VI.

The PSA and the Decision-Making Formula
48.
Arnold Foundation’s PSA gives defendants two scores — one for their

likelihood of committing a crime and one for their risk of failing to appear in
court. Both are scaled 1 to 6, with 1 being the lowest risk and 6 being the highest
risk.

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49.
Arnold Foundation claims that the PSA flags those with an elevated risk of
violence.
50.
Certain factors used to produce each PSA score, and these factors are plugged
into a Decision-Making Formula (“DMF”). According to Arnold Foundation,
these factors are:
•

Whether the current offense is violent

•

Whether the person had a pending charge at the time of the current offense

•

Whether the person has a prior misdemeanor conviction

•

Whether the person has a prior felony conviction

•

Whether the person has prior convictions for violent crimes

•

The person’s age at the time of arrest

•

How many times the person failed to appear at a pretrial hearing in the
last two years

•

Whether the person failed to appear at a pretrial hearing more than two
years ago

•

Whether the person has previously been sentenced to incarceration.
51.
A juvenile record is not included in calculating the scores.
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VII. The Problem: By using the PSA, droves of violent criminals were cut
loose into New Jersey’s communities on Christie and Porrino’s watch
52.
Law enforcement professionals across the state of New Jersey have
expressed their serious concerns about the dangers of this PSA.
53.
Under the current DMF, the charges of escape (N.J.S.A. 2C:29-S.a), murder,
aggravated manslaughter, or manslaughter (N.J.S.A. 2C:11-3, 11-4), aggravated
sexual assault or sexual assault (N.J.S.A. 2C:14-2a, b, c.l), and robbery or
carjacking (N.J.S.A. 2C:15-1, 15-2) will result in an automatic recommendation
from Pretrial Services of "No Release Recommended"—regardless of an
individual defendant's PSA scores.
54.
In addition, if the PSA resulted in a New Violent Criminal Activity
(“NVCA”) flag and the current charge is violent, the Pretrial Services
recommendation also will be against release.
55.
Much of the criticism from law enforcement of the PSA and DMF has
focused on cases involving weapons—predominantly firearms—particularly
cases in which a defendant has a prior conviction for one or more specified
offenses that make him/her a "certain person not to possess firearms" under
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N.J.S.A. 2C:39-7b and those charges which subject a defendant to the mandatory
sentencing provisions of the Graves Act, N.J.S.A. 2C:43 - 6c.
56.
The PSA's risk factors and formula and the DMF undervalue the danger
posed by defendants in Graves Act cases involving unlawful possession of a
firearm (N.J.S.A. 2C:39-5), possession of a firearm for an unlawful purpose
(N.J.S.A. 2C:39-4a1), possession of a firearms in the course of committing a CDS
distribution offense (N.J.S.A. 2C:39-4.1a), and/or certain persons not to have
firearms (N.J.S.A. 2C:39-7b).
57.
Under the current system, none of these charges—absent a significant
prior criminal history or an additional qualifying charge— triggers a NVCA flag
or a Pretrial Services recommendation against a defendant’s release.
58.
In the case of State v. Shakor Twitty (W-2017-000159-1602 Passaic), the
defendant fled an area which police were canvassing after a burglary. While
fleeing, the defendant discarded a backpack that he had in his possession. The
backpack was recovered, and a .45 caliber Ruger semiautomatic handgun and a
high capacity magazine were found inside. The defendant was charged with,
among other offenses, Possession of a Weapon for Unlawful Purpose (N.J.S.A.

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2C:39-4a1), Possession of Prohibited Weapons and Devices -Large Capacity
Magazine (N.J.S.A. 2C:39-3j), Unlawful Possession of a Weapon (N.J.S.A. 2C:39Sbl), and Certain Persons Not to Have Weapon (N.J.S.A. 2C:39-7b1).
59.
The defendant's PSA scores were FTA 3, NCA 3 with no NVCA flag.
60.
The Pretrial Services recommendation was "Release with Conditions —
Monthly Reporting," and the judge so ordered.
61.
In State v. Austin Chaoya (W-2017-000093-1607 Passaic), the defendant
pointed a handgun at the victim (the boyfriend of his step-daughter) while
stating "I have this for you." The defendant was charged with Aggravated
Assault —Knowingly Pointing a Firearm at Another (N.J.S.A. 2C:12-1b4),
Terroristic Threats (N.J.S.A. 2C:12-3b), Possession of a Weapon for an Unlawful
Purpose (N.J.S.A. 2C:39-4a1) and Unlawful Possession of a Weapon without a
Permit (N.J.S.A. 2C:39-Sbl).
62.
The PSA scores were FTA 2, NCA 3, with no NVCA flag. The
recommendation of Pretrial Services was "Release with Conditions —Monthly
Reporting."

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63.
The judge accepted Pretrial Services recommendation and ordered
monthly telephonic reporting.
64.
In State v. Kenneth Price (W-2017-000591-1608 Passaic), the defendant was
observed by undercover officers operating a motor vehicle with dark tinted
windows and no front license plate in a high crime area in Paterson. The vehicle
was stopped, and multiple glassine wax folds were observed on back seat. The
defendant was ordered out of the vehicle, and he admitted to having a weapon
(a handgun loaded with hollow point bullets) in his possession. An occupant of
the vehicle admitted that he visited Paterson for the purpose of buying heroin.
The defendant was charged with Possession of a Weapon for an Unlawful
Purpose (N.J.S.A. 2C:39-4a1), Unlawful Possession of a Weapon (N.J.S.A. 2C:39Sbl), and Prohibited Weapons and Devices (N.J.S.A. 2C:39-3f1).
65.
The defendant's PSA scores were FTA 1, NCA 1, with no NVCA flag.
66.
The judge ordered defendant released on his own recognizance in
accordance with the Pretrial Services recommendation.

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67.
In the each of the above matters, the State—despite the obvious severity of
the conduct—did not file motions for pretrial detention because, according to
Elie Honig, Director of the Division of Criminal Justice for the Defendant
Attorney General, “in those cases, the low PSA scores and Pretrial Services
recommendations for release posed significant practical obstacles to detention.”
68.
In another case, Anishalee Cortes, 22, went to a Newark police station at
3 a.m. on April 8, 2017 to report Dominick Richards, 49, had broken into her
home in Newark and assaulted her at gunpoint. Officers arrested Richards at
his home and seized a Glock handgun, where after he was charged with
aggravated assault with a firearm, unlawful possession of a weapon,
possession of a weapon for an unlawful purpose, criminal restraint risking
seriously bodily injury to the victim, criminal trespass, and a disorderly
persons offense.
69.
The Essex County Prosecutor's Office on April 10, 2017 filed a motion for
pre-trial detention of Richards, but considering Richards’s low PSA score,
Judge Alfonse Cifelli denied that motion on April 13, and Richards was
released from jail the same day.

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70.
Richards killed Cortes in his driveway two months later, and then he
killed himself.
71.
In another case, on January 19, 2017 Christopher Wilson was arrested in
Little Egg Harbor, NJ after authorities say he tried to get a 12-year-old girl to
perform sexual favors for him by offering her a gaming system. He was also
convicted in 2010 of attempted sexual assault and endangering the welfare of
a child.
72.
Wilson too was given a low score in the PSA.
73.
At a detention hearing on January 25, Judge Wendel E. Daniels found no
reason for Wilson to be detained, but simply ordered him to stay away from
that particular 12-year-old girl and to wear a GPS bracelet.

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VIII. The Slaying of Christian Rodgers by Jules Black
74.
On April 5, 2017, Jules Black was arrested by New Jersey State Police.
75.
That arrest stemmed from charges that Black, a convicted felon, was
carrying a 9mm pistol in his car during a traffic stop.
76.
Black has been a guest of the county jails in New Jersey 28 times, dating
back to 2004.
77.
Black has had multiple felony convictions on various charges, including
Resisting Arrest, Manufacturing Distribution of Drugs (Heroin/Meth – 1.5 years
in prison), Burglary/Breaking Entering, Eluding Police Officers, Hindering
Apprehension, and Possession and Distribution in a School Zone.
78.
Under New Jersey’s CJRA, Mr. Black was assigned a score using the
Arnold Foundation’s PSA predicting the likelihood that he will commit a new
crime if released pending trial.

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79.
The next day, as a result of this score, Black was released back into the
Millville community by Superior Court Judge Cristen D’Arrigo.
80.
On April 9, 2017, Christian Phillip Nolan Rodgers was shot to death 22
times by Jules Black while walking down the street in Vineland, NJ, a city
adjacent to Millville.
81.
When Police arrived on the scene, officers saw blood on the ground and
followed the trail to the backyard of 1018 East Chestnut Ave., where they found
Rodgers dead.
82.
Rodgers suffered agonizing pain and emotional distress as he died.
83.
Rodgers was 26 years old at the time of his death and is survived by his
mother.
84.
Black is now charged with the murder of Rodgers. His charges include
first-degree murder, second-degree possession of a weapon for an unlawful
purpose, and second-degree unlawful possession of a weapon.

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IX.

Porrino back-peddles (too late)
85.
Approximately six weeks after Rodgers’s murder, Defendant Attorney

General Porrino apparently recognized that the PSA was so obviously flawed—
producing fatal results—Defendant Porrino released new guidelines for when
prosecutors should seek to detain defendants before trial.
86.
The amended rules Porrino issued direct prosecutors to push for detention
more frequently in a number of cases, such as for sex offenders, for people who
commit crimes in which a gun is used, and for those with a history of being a
threat to public safety.
87.
Porrino's office said the new, stronger guidelines should better ensure that
dangerous and recidivist criminals are kept behind bars while awaiting trial.
88.
Elie Honig, director of the state Division of Criminal Justice, said in a
statement: “These revisions to our law enforcement directive reflect a renewed
confidence that our new system enables us to protect the public by detaining the
most dangerous offenders, while avoiding the costs, both fiscal and social, of
warehousing indigent non-violent offenders in jail pending trial.”

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X.

Arnold Foundation’s responsibilities under strict liability and duties as
manufacturers of the PSA
89.
Arnold Foundation was the designer and manufacturer of the PSA tool,

the product that was used in New Jersey at all relevant times to this Complaint.
90.
The intended purpose of the Arnold Foundation’s PSA was to cause
judges to release pretrial defendants from jail based on a risk assessment of the
danger that a released defendant would be to the community.
91.
As the manufacturer of the PSA, Arnold Foundation was required, subject
to strict liability, to design its PSA tool so that it would be reasonably fit, suitable
or safe for its intended purpose. N.J. Stat. Ann. § 2A:58C-2.
92.
As the manufacturer of the PSA, Arnold Foundation also had a duty to
design its PSA tool so that it would be reasonably fit, suitable or safe for its
intended purpose.
93.
Arnold Foundation failed to design its PSA product so that it would be fit,
suitable, or safe for its intended purpose, as evidenced by the release of violent

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defendants into the community, resulting in, inter alia, the vicious murder of
Christian Rodgers.
XI.

Christie and Porrino’s knowledge of the particular risk to Christian and
June Rodgers’s predominantly African American neighborhood
94.
As Governor of New Jersey since 2010, Christie knew, at all relevant times

to this Complaint, that there is a high ratio of African American to White pretrial
criminal defendants that get incarcerated in New Jersey (12-1, according to a
study released in 2016). See The Color of Justice: Racial and Ethnic Disparity in
State Prisons, The Sentencing Project, 2016. Accessible at
http://www.sentencingproject.org/wp-content/uploads/2016/06/The-Colorof-Justice-Racial-and-Ethnic-Disparity-in-State-Prisons.pdf.
95.
As Attorney General of New Jersey since 2016, Porrino also knew, at all
relevant times to this Complaint, that there is a high ratio of African American to
White pretrial criminal defendants that get incarcerated in New Jersey. See Id.
96.
As Governor of New Jersey since 2010, Christie knew, at all relevant times
to this Complaint, that in New Jersey, like much of the country, the racial
makeup of its neighborhoods is clustered geographically, producing, inter alia,

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predominantly African American neighborhoods. See, e.g., This Map Shows the
Racial Makeup of Every Block in N.J. NJ Advance Media, 2015. Accessible at
http://www.nj.com/news/index.ssf/2015/10/this_map_shows_a_racial_break
down_of_every_person.html.
97.
As Attorney General of New Jersey since 2016, Porrino also knew, at all
relevant times to this Complaint, that in New Jersey, like much of the country,
the racial makeup of its neighborhoods is clustered geographically, producing,
inter alia, predominantly African American neighborhoods. See Id.
98.
Christie further knew that when the PSA was implemented, the numbers
of African American defendants who would be released would be much higher
than the number of White defendants, and that the majority of these African
American defendants would be released into predominately African American
neighborhoods.
99.
Porrino further knew that when the PSA was implemented, the numbers
of African American defendants who would be released would be much higher
than the number of White defendants, and that the majority of these African

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American defendants would be released into predominately African American
neighborhoods.
XII.

Chris Christie’s history of disparate treatment of African Americans
motivating his policies
100.
Since becoming Governor, Christie has overseen a state that has the largest

disparity in the rate of which African Americans are incarcerated of any other
state in the country. In New Jersey, blacks are incarcerated at a rate of twelve to
one over whites.
101.
For years, beginning in 2010 and up through 2017, Christie has pushed a
hostile agenda towards funding public education in predominantly African
American communities, as evidenced by his relentless efforts to break with 30years of New Jersey Supreme Court precedent to freeze state aid to special-needs
school districts (which he calls “failure factories”) and use his new “fairness
formula” that would provide the same amount of money for every public-school
pupil in the state.
102.
Fully armed with the statistics in his state that demonstrate that underaided schools are predominantly made up of African American children, Christie
pushed his “fairness formula” and advocated for eliminating funding to
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thousands of African American inner-city youngsters while offering an
enormous windfall to their wealthier, predominantly White neighbors in the
suburbs.
103.
In July 2016, Christie vetoed a long-awaited law that would have
eliminated the “Family Cap” on welfare recipients, claiming that it was unfair to
non-welfare recipients who do not receive increased income when they have
children. Christie knew that research has repeatedly found that family caps don’t
serve much purpose other than increasing hardship for already poor families.
Fully armed with the knowledge that the majority of welfare recipients in his
state are African American, Christie chose to effectively punish African
American families for having more children.
COUNT I
DELIBERATE INDIFFERENCE
IN VIOLATION OF FOURTEENTH AMENDMENT
SUBSTANTIVE DUE PROCESS RIGHTS
UNDER 42 U.S.C. § 1983
104.
Plaintiff hereby incorporates facts 1 through 98 to support this Count I.
105.
Based on the incorporated facts, Defendants Christie and Porrino knew, as
the leaders of the state of New Jersey for many years, that droves of violent
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offenders would be released once the PSA was implemented under the CJRA,
and they knew that this would create a substantial—outrageous—risk of serious
harm to the residents of New Jersey. Due to the well-known fact that there is a
12-1 ratio of African American to White pretrial criminal defendants that get
locked up in in New Jersey in the first place, and that Christie and Porrino knew
that racial demographics in New Jersey reflect that a disproportionately high
number of African American defendants would return to predominantly African
American neighborhoods when released, Christie knew that the outrageous risk
would be borne by predominantly African American neighborhoods, in
particular.
106.
Despite this knowledge, Defendants installed the PSA into the criminal
justice system of the state, and those droves of violent defendants were let loose
into New Jersey’s many communities. Despite three months of data between
January 1 and April 9, Christie and Porrino ignored the risk of deadly harm
ultimately suffered by Mr. Rodgers because they wanted to save money. June
Rodgers’s son—with whom June Rodgers has a constitutionally guaranteed,
substantive due process right to companionship under the Fourteenth
Amendment—was slain by one of those criminal defendants because the PSA
that judges are required by law to rely on indicated that Mr. Black, Rodger’s

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killer, had a “low risk” of being a danger to the community, and was released
into Ms. Rodgers’s neighborhood to terrorize its inhabitants.
107.
Ms. Rodgers is entitled to all damages permissible under controlling law,
as well as attorney fees and cost regarding this lawsuit.
COUNT II
PRODUCTS LIABILITY: DESIGN DEFECT
(Against Arnold and Milgram)
108.
Plaintiff hereby incorporates facts 1 through 108 to support this Count II.
109.
Based on the incorporated facts, Arnold Foundation failed to design the
PSA that it manufactured such that it was reasonably suitable, fit, or safe for its
intended purpose, as evidenced by New Jersey’s use of the PSA and the
subsequent release of Mr. Black into Mr. Rodgers’s neighborhood where Black
savagely shot Rodgers 22 times and took his life.
110.
Alternatively, based on the incorporated facts, considering the number of
other violent defendants that have been released into New Jersey’s communities,
the danger presented by Arnold Foundation’s PSA is inherent in the product
provided to New Jersey because that danger, as a public policy matter, is greater

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than can be justified by the PSA’s utility in releasing supposedly non-violent
offenders and saving the state of New Jersey the expensive costs of incarceration.
111.
Ms. Rodgers is entitled to all damages permissible under controlling law,
as well as attorney fees and cost regarding this lawsuit.
COUNT III
PRODUCTS LIABILITY: FAILURE TO WARN
(Against Arnold and Milgram)
112.
Plaintiff hereby incorporates facts 1 through 112 to support this Count III.
113.
Based on the incorporated facts, Arnold Foundation failed to provide the
residents of New Jersey with an adequate warning or instruction that its PSA
came with severe danger and failed to otherwise communicate adequate
information on the dangers and safe use of the product at any time relevant to
this Complaint, considering the characteristics of, and the ordinary knowledge
common to, the persons by whom the product is intended to be used.
114.
The PSA that Arnold provided was a dangerous product, as evidenced by
New Jersey’s use of the PSA and the subsequent release of Mr. Black into Mr.

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Rodgers’s neighborhood where Black savagely shot Rodgers 22 times and took
his life.
115.
Ms. Rodgers is entitled to all damages permissible under controlling law,
as well as attorney fees and cost regarding this lawsuit.
COUNT IV
CLAIM UNDER THE SURVIVOR’S ACT
DUE TO NEGLIGENCE OF MANUFACTURER
(Against Arnold and Milgram)
116.
Plaintiff hereby incorporates facts 1 through 116 to support this Count IV.
117.
Based on the incorporated facts, because Arnold Foundation supplies a
New Jersey product, its PSA, Arnold Foundation had a duty to use reasonable
care to give warning of the dangerous condition of the product or of facts which
make it likely to be dangerous to those whom the supplier expected to use the
product. After considerable lobbying efforts by Arnold Foundation, under New
Jersey’s CJRA New Jersey residents have no choice but to use Arnold’s PSA, and
Arnold failed in its duty to give warning to New Jersey residents of the PSA’s
dangerous nature. Arnold’s failure to fulfill that duty is considered negligence,
and that negligence was the proximate cause of Christian Rodgers’s violent
death.
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118.
Ms. Rodgers is entitled to all damages permissible under controlling law,
as well as attorney fees and cost regarding this lawsuit.
COUNT V
ALTERNATIVE CLAIM UNDER THE SURVIVOR’S ACT
DUE TO NEGLIGENCE OF MANUFACTURER OF A COMPONENT PART
(Against Arnold and Milgram)
119.
Plaintiff hereby incorporates facts 1 through 119 to support this Count V.
120.
Based on the incorporated facts, Arnold Foundation, as the maker of a
component part which was, at the very least, incorporated into the PSA product
finished or assembled by the State of New Jersey, had the same duty of care as to
such component parts as it would if it were the sole manufacturer of the PSA. As
such, Arnold Foundation had a duty to use reasonable care to give warning of
the dangerous condition of the product or of facts which make it likely to be
dangerous to those whom the supplier expected to use the product. After
considerable lobbying efforts by Arnold Foundation, under New Jersey’s CJRA
New Jersey residents have no choice but to use Arnold’s PSA, and Arnold failed
in its duty to give warning to New Jersey residents of the PSA’s dangerous
nature. Arnold’s failure to fulfill that duty is considered negligence, and that
negligence was the proximate cause of Christian Rodgers’s violent death.
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121.
Ms. Rodgers is entitled to all damages permissible under controlling law,
as well as attorney fees and cost regarding this lawsuit.
COUNT VI
WRONGFUL DEATH ACT
(Against Arnold)
122.
Plaintiff hereby incorporates facts 1 through 122 to support this Count VI.
123.
Based on the incorporated facts, Arnold Foundation, as the maker of the
PSA or, at the very least, the maker of a component part which was incorporated
into the PSA product finished or assembled by the State of New Jersey, had a
duty to use reasonable care to give a warning of the dangerous condition of the
PSA or of facts which make it likely to be dangerous to those whom the Arnold
expected to use the product. After considerable lobbying efforts by Arnold
Foundation, under New Jersey’s CJRA New Jersey residents have no choice but
to use Arnold’s PSA, and Arnold failed in its duty to give warning to New Jersey
residents of the PSA’s dangerous nature. Arnold’s failure to fulfill that duty is
considered negligence, and that negligence was the proximate cause of Christian
Rodgers’s violent death.

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124.
As Ms. Rodgers was dependent on Mr. Rodgers’s support, Ms. Rodgers
suffered damages due to the loss of his life, caused by Arnold. As such, Ms.
Rodgers is entitled to all damages permissible under controlling law, including
pecuniary damages, as well as attorney fees and cost regarding this lawsuit.
COUNT VII
INJUNCTIVE RELIEF
(Against Defendants Christie and Porrino in their official capacities
and against Defendant Arnold)
125.
Plaintiff hereby incorporates facts 1 through 125 to support this Count VII.
126.
Based on the incorporated facts, Plaintiff prays that this Honorable Court
issue an injunctive order and permanently enjoin Defendants Christie and
Porrino to (1) refrain from using the PSA, (2) order the Pretrial Program and all
prosecutors in the state of New Jersey to refrain from using the PSA, (3) modify
the PSA such that it includes sufficient criminal offenses, criminal propensities,
and all other relevant data in order to prevent its use from releasing dangerous
and violent defendants into New Jersey’s precious communities.
127.
Alternatively, based on the incorporated facts, Plaintiff prays that this
Honorable Court issue an injunctive order and permanently enjoin Arnold from
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providing the state of New Jersey access to the PSA until Arnold demonstrates
that the PSA is redesigned such that it includes sufficient criminal offenses,
criminal propensities, and all other relevant data in order to prevent its use from
releasing dangerous and violent defendants into New Jersey’s precious
communities.
128.
Alternatively, based on the incorporated facts, Plaintiff prays that this
Honorable Court declare the CJRA unconstitutional and issue an injunctive order
and permanently enjoin Defendant Porrino from enforcing it.
COUNT VIII
PUNITIVE DAMAGES
(Against all Defendants individually)
Based on the facts alleged in this complaint, Plaintiff is entitled to punitive
damages, under all applicable laws, because, inter alia, Defendants acted with a
willful and conscience indifference to the laws that protect Christian Rodgers and
June Rodgers’s Constitutional rights.
COUNT IX
ATTORNEY FEES
Based on the facts alleged in this Complaint, Ms. Rodgers is entitled to
attorney fees, under all applicable laws.

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WHEREFORE, Ms. Rodgers prays for a trial by jury of twelve and
judgment against Defendants as follows:
(a) That process issue and service be had on each Defendant;
(b) That declaratory judgment be granted in favor of Plaintiff against
Defendants, jointly and severally, for the injuries of Plaintiff;
(c) That a permanent injunction be ordered declaring the PSA and the CJRA
be immediately modified to prevent violent individuals from being
released into New Jersey’s communities, or, alternatively, that the CJRA
and its use of the PSA be declared unconstitutional, in whole or in part,
and that this Court permanently enjoin Defendants Christie and Porrino
from enforcing the CJRA;
(d) That Plaintiff recover, under the New Jersey Wrongful Death Act, all
pecuniary damages for the death of her son, including, but not limited
to, all expenses of Mr. Rodgers’s funeral and all his future earnings that
would have supported Ms. Rodgers;
(e) That Plaintiff recover, under the New Jersey Survivor’s Act,
compensatory damages for the agony, terror, pain, and suffering of her
son in the final moments of his life;
(f) That Plaintiff be awarded all other expenses in an amount to be
determined at trial, including attorney fees;

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(g) That Plaintiff recover all costs of this litigation;
(h) That a jury trial be had on all issues so triable;
(i) Plaintiff have Judgment against Defendant for punitive damages; and
(j) That Plaintiff receives such other and further relief as the Court deems
just and proper.
Respectfully submitted on this 31st day of July 2017,
By /s/ Sarah M. Lachman
Sarah M. Lachman (NJB #161382016)
Nexus Caridades Attorneys Inc.
5 Pennsylvania Plaza
23rd Floor
New York, NY 10001
(540) 448-5346
slachman@nexuscaridades.com
By /s/ Mario B. Williams____
Mario B. Williams (GSB #235254)
Future Immediate Pro Hac Vice
Nexus Caridades Attorneys, Inc.
Civil Rights Division
44 Broad Street, NW, Suite 200
Atlanta, Georgia 30303
Main Office
113 Mill Place Parkway, Suite 105A
Verona, VA 24482
(404) 654.0288 / (404) 592.6225 FAX
mario@goodgeorgialawyer.com
mwilliams@nexuscaridades.com

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