GAINES v. CAMDEN COUNTY JAIL

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 10/17/2016. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME

EGHANA GAINES,
Plaintiff,

Civil Action

v.

No.

CAMDEN COUNTY

B. SIMANDLE

16-cv-05800

(JBS-AMO)

JAIL

OPINION

Defendant.

APPEARANCES:
Eghana Malik Gaines,

Plaintiff Pro Se

8 Boro Conunons
Glassboro,

SIMANDLE,
1.

NJ

08028

Chief District Judge:
Plaintiff

Eghana Malik Gaines,

rights complaint pursuant to the
Camden County Jail
2.

Section

seeks to bring a civil

42 U.S.C.

("CCJ"). Complaint,

§

1983

against the

Docket Entry

1.

1915 (e) (2) requires a court to review

complaints prior to service in cases in which a plaintiff is
proceeding in

forma

any claim that is

pauperis. The

frivolous,

claim upon which relief

may

Court

must

is malicious,
be granted,

sua

sponte

dismiss

fails to state a

or seeks monetary relief

from a defendant who is inunune from such relief. This action
subject to sua

sponte

1915 (e) (2) (B) because

screening for dismissal under 28
Plaintiff is

proceeding

in

is

U.S.C. §

forma pauperis.

3.

For the reasons set forth below,

the Court will

dismiss the complaint without prejudice for failure to state a
claim.

28 U. S.C .

To survive sua sponte screening for failure to state a

4.
claim,

§ 1915 (e) (2) (b) (ii).

the complaint must allege "sufficient factual matter" to

show that the claim is facially plausible. Fowler
Shadyside,

578 F.3d 203,

210

(3d Cir. 2009)

UPMS

v.

(citation omitted)

"A claim has facial plausibility when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged." Fair Wind Sailing,
'.1.3

(3d Cir. 2014)

Inc.

v.

(quoting Iqbal,

pleading that offers

Dempster,

764 F.3d 303,

308

556 U.S. at 678). "[A]

'labels or conclusions'

or

'a formulaic

recitation of the elements of a cause of action will not do.'"
Ashcroft

v.

Atlantic

Corp.

5.

Iqbal,

v.

556 U.S.
Twombly,

662,

678

(2009)

550 U.S. 544,

555

(quoting Bell
(2007)).

Plaintiff seeks monetary damages from CCJ for

allegedly unconstitutional conditions of confinement. As the CCJ
is not a "state actor" within the meaning of § 1983,
against it must be dismissed with prejudice. See,
v.

Southern

(D.N.J.

State

1989)

Corr.

Facility,

the claims

e.g.,

726 F. Supp. 537,

Grabow

538-39

(correctional facility is not a "person" under §

1983).

2

Plaintiff may be able to amend the complaint to name

6.

state actors who were

personally

involved in the alleged

unconstitutional conditions of confinement,
end,

the Court shall grant

complaint within

however.

To that

Plaintiff leave to amend the

30 days of the date of this order.1

Plaintiff is advised that the amended complaint must

7.

plead sufficient facts to support a reasonable inference that a
constitutional violation has occurred in order to survive this
Court's review under
entirety:

1915.

The complaint states

"Put in a cell with 3 to

toilet on the floor.
medicine

§

I

4 people.

I slept

did not receive my blood

3 times daily."

Complaint

§

III.

by the

pressure

Even accepting the

statement as true for screening purposes only,
enough factual support

in its

there is not

for the Court to infer a constitutional

violation has occurred.
The mere fact that an individual is lodged temporarily

8.

in a cell with more persons than its intended design does not
rise to the level

Chapman,

452 U.S.

of a constitutional violation.

337,

itself did not violate

488 F.

App'x

554,

560

348-50

(1981)

does not constitute punishment,

1

(holding double-celling by

Eighth Amendment);
(3d Cir.

2012)

See Rhodes v.

Carson v.

Mulvihill,

("[M]ere double-bunking

because there is no

'one man,

The amended complaint shall be subject to screening prior to

service.

3

one cell principle

lurking in the

Fifth Amendment.'"
(1979))).

More is

conditions,

for a

(quoting

Bell

233

(3d

v.

Process

"cause

pretrial

Cir.

detainee,

2008)

inmates

hardship over an extended
conditions become

441

Wolfish,

shocks

See

the

Hubbard

(noting due

requires courts to consider whether the
conditions

Clause of the
U.S.

520,

542

needed to demonstrate that such crowded

thus violates due process rights.
F.3d 229,

Due

conscience
Taylor,

v.

process

of the

to endure such genuine
that

538

analysis

totality

period of time,

and

privations

and

the adverse

excessive in relation to the purposes assigned

to them.").
In the event

9.

Plaintiff files an amended complaint,

should include specific facts,
his confinement,
prisoner,
or failing

he

such as the dates and length of

whether he was a

pretrial detainee or convicted

any specific individuals who were involved in creating
to remedy

the conditions of confinement,

and any

other relevant facts regarding the conditions of confinement.
There are also not enough facts for the

10.

Plaintiff was

denied

forth a cognizable
adequate medical
medical need;

adequate medical care.

and

an inmate must allege:

v.

Gamble,

right

to

(1) a serious

(2) behavior on the part of prison officials

that constitutes deliberate indifference to
Estelle

In order to set

claim for a violation of the

care,

Court to infer

429

U.S.

97,

106

4

(1976);

that need.
Natale

v.

See
Camden

Cnty.

Corr.

Facility,

assertion that

If

F.3d 575,

582

(3d

Cir. 2003). A mere

Plaintiff was not given medication is

insufficient to meet
facts.

318

Plaintiff

the pleading standard in the absence of any
wishes

to pursue this claim,

the amended

complaint should contain facts supporting both of the
requirements.
11.
is filed,

Plaintiff should note that when an amended complaint
the original complaint no longer performs

any function

in the case and cannot be utilized to cure defects in the
amended complaint,

unless the relevant

incorporated in the new complaint. 6
Federal Practice and

Procedure 1476

omitted). An amended

complaint may

allegations in the original

portion

Wright,

is specifically

Miller

(2d ed. 1990)
adopt

complaint,

amended

Id.

To avoid confusion,

complaint

complaint

may

not

but the

or repeat

dismissed with prejudice by
12.

For

the

(footnotes

identification of
clear

the safer course is

that is complete in itself.
adopt

claims

Kane,

some or all of the

the particular allegations to be adopted must be
explicit.

&

Id.

and
to file

The amended

that have been

Court.

the reasons stated above,

the complaint is

dismissed without prejudice for failure to state a claim.
Court will reopen

the matter in the event

amended complaint within the

Plaintiff files an

time allotted by

s

The

the

Court.

an

13.

October

An

17,

appropriate

order

follows.

s/

2016

Jerome B.

JEROME

Date

Chief

6

B.

Simandle

SIMANDLE

U.S.

District

Judge