Justice Department Secures Agreement with New Jersey to Resolve Claims of Unconstitutional Conditions in State-Run Veterans Homes

The Justice Department’s Civil Rights Division and U.S. Attorney’s Office for the District of New Jersey today filed a complaint against the State of New Jersey and joined with the State in filing a proposed consent decree to address findings of unconstitutional conditions at the New Jersey Veterans Memorial Homes (Veterans Homes) at Menlo Park and Paramus.

The proposed consent decree, which must still be approved by the court, would resolve the department’s claims that New Jersey violates the Constitution by failing to keep the residents of its Veterans Homes safe from harm and an unreasonable risk of harm.

The proposed consent decree requires the state to meet specific standards of clinical care, to overhaul its infection control and emergency operations practices and to implement measures for improved leadership and accountability. The proposed consent decree also asks the court to appoint an independent monitor who will oversee and assess the state’s compliance with the terms of the proposed consent decree.

“Our veterans deserve to receive appropriate care, as required by law, and their families deserve to have confidence that their loved ones’ needs will be met,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement requires the state to deliver that care and have the oversight in place to provide families that confidence. The Justice Department will work diligently with the state to ensure the reforms are properly implemented.”

“Our veterans, who have sacrificed so much, should never have been subject to deficient care,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “This consent decree provides a detailed roadmap and expert oversight to ensure they are protected, so that they and their families can rely on the Veterans Homes. We look forward to working with the state and the independent monitor to implement this decree and ensure that every resident of the Veterans Homes lives with the safety and dignity that they so richly deserve.”

The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey initiated the investigation into the Veterans Homes in October 2020 under the Civil Rights of Institutionalized Persons Act (CRIPA). CRIPA authorizes the department to take action to address a pattern or practice of deprivation of federal rights of individuals in the custody of state or local governments.

In September 2023, the department notified the state that it found reasonable cause to believe the residents of the Veterans Homes at Menlo Park and Paramus face unreasonable harm and risk of harm due to inadequate infection control practices and inadequate medical care. The department also identified the remedial measures necessary to address those unlawful conditions. Specifically, the department concluded that the state failed to provide the residents of its Veterans Homes with conditions of reasonable care and safety, in violation of the 14th Amendment.