WASHINGTON v. CCCF
OPINION FILED. Signed by Chief Judge Jerome B. Simandle on 3/8/17. (js)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HONORABLE JEROME B. SIMANDLE
No. 16-cv-06074 (JBS-AMD)
Georgette Washington, Plaintiff Pro Se
726 Walnut Street
Camden, NJ 08103
SIMANDLE, Chief District Judge:
Plaintiff Georgette Washington seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Correctional Facility (“CCCF”). Complaint, Docket Entry
Section 1915(e)(2) requires a court to review
complaints prior to service in cases in which a plaintiff is
proceeding in forma pauperis. The Court must sua sponte dismiss
any claim that is frivolous, is malicious, fails to state a
claim upon which relief may be granted, or seeks monetary relief
from a defendant who is immune from such relief. This action is
subject to sua sponte screening for dismissal under 28 U.S.C.
§ 1915(e)(2)(B) because Plaintiff is proceeding in forma
For the reasons set forth below, the Court will
dismiss the complaint without prejudice for failure to state a
claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
To survive sua sponte screening for failure to state a
claim, the complaint must allege “sufficient factual matter” to
show that the claim is facially plausible. Fowler v. UPMS
Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (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, Inc. v. Dempster, 764 F.3d 303, 308
n.3 (3d Cir. 2014). “[A] pleading that offers ‘labels or
conclusions’ or ‘a formulaic recitation of the elements of a
cause of action will not do.’” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S.
544, 555 (2007)).
Plaintiff presumably seeks monetary damages1 from CCCF
for allegedly unconstitutional conditions of confinement. As the
CCCF is not a “state actor” within the meaning of § 1983, the
claims against it must be dismissed with prejudice. See Crawford
Plaintiff has not stated any requested relief in the complaint.
v. McMillian, 660 F. App’x 113, 116 (3d Cir. 2016) (“[T]he
prison is not an entity subject to suit under 42 U.S.C.
§ 1983.”) (citing Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir.
Plaintiff may be able to amend the complaint to name
state actors who were personally involved in the alleged
unconstitutional conditions of confinement, however. To that
end, the Court shall grant Plaintiff leave to amend the
complaint within 30 days of the date of this order.
Plaintiff is advised that the amended complaint must
plead sufficient facts to support a reasonable inference that a
constitutional violation has occurred in order to survive this
Court’s review under § 1915. The fact section of the complaint
states only: “Sleeping on the floor and being [strip] searched.”
Complaint § III. Even accepting the statement as true for
screening purposes only, there is not enough factual support for
the Court to infer a constitutional violation has occurred.
Plaintiff alleges she slept on the floor, presumably
because no open beds were available. The mere fact that an
individual is lodged temporarily in a cell with more persons
than its intended design does not rise to the level of a
constitutional violation. See Rhodes v. Chapman, 452 U.S. 337,
348–50 (1981) (holding double-celling by itself did not violate
Eighth Amendment); Carson v. Mulvihill, 488 F. App'x 554, 560
(3d Cir. 2012) (“[M]ere double-bunking does not constitute
punishment, because there is no ‘one man, one cell principle
lurking in the Due Process Clause of the Fifth Amendment.’”
(quoting Bell v. Wolfish, 441 U.S. 520, 542 (1979))). More is
needed to demonstrate that such crowded conditions, for a
pretrial detainee, shocks the conscience and thus violates due
process rights. See Hubbard v. Taylor, 538 F.3d 229, 233 (3d
Cir. 2008) (noting due process analysis requires courts to
consider whether the totality of the conditions “cause[s]
inmates to endure such genuine privations and hardship over an
extended period of time, that the adverse conditions become
excessive in relation to the purposes assigned to them.”). Some
relevant factors are the dates and length of the confinement(s),
whether Plaintiff was a pretrial detainee or convicted prisoner,
Moreover, Plaintiff has not sufficiently alleged a
Fourth Amendment violation for an improper strip search. Under
the Fourth Amendment, inmates have a limited right of bodily
privacy “subject to reasonable intrusions necessitated by the
prison setting.” Parkell v. Danberg, 833 F.3d 313, 325 (3d Cir.
2016). This right is very narrow, however. Id. at 326.
“The test of reasonableness under the Fourth Amendment
. . . requires a balancing of the need for the particular search
against the invasion of personal rights that the search entails.
Courts must consider the scope of the particular intrusion, the
manner in which it is conducted, the justification for
initiating it, and the place in which it is conducted.” Bell v.
Wolfish, 441 U.S. 520, 559 (1979). A prisoner search policy is
constitutional if it strikes a reasonable balance between the
inmate's privacy and the needs of the institution. Parkell, 833
F.3d at 326 (citing Florence v. Bd. of Chosen Freeholders of
Cty. of Burlington, 132 S. Ct. 1510, 1515, 1517 (2012)).
Plaintiff’s cursory allegation that she was “[strip]
searched” is insufficient to state a claim for relief. In the
absence of further facts regarding the circumstances of the
search, the claim cannot proceed at this time. Plaintiff may
amend this claim in an amended complaint, however.
As Plaintiff may be able to amend her complaint to
address the deficiencies noted by the Court, the Court shall
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order.
Plaintiff should note that when an amended complaint
is filed, 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 portion is specifically
incorporated in the new complaint. 6 Wright, Miller & Kane,
Federal Practice and Procedure 1476 (2d ed. 1990) (footnotes
omitted). An amended complaint may adopt some or all of the
allegations in the original complaint, but the identification of
the particular allegations to be adopted must be clear and
explicit. Id. To avoid confusion, the safer course is to file an
amended complaint that is complete in itself.2 Id.
For the reasons stated above, the complaint is
dismissed without prejudice for failure to state a claim. The
Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
An appropriate order follows.
March 8, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
The amended complaint shall be subject to screening prior to
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