FISHER v. CAMDEN COUNTY BOARD OF FREEHOLDERS et al
Filing
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OPINION. Signed by Chief Judge Jerome B. Simandle on 10/24/2016. (tf, n.m.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
JAMES FISHER,
HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-6091 (JBS-AMD)
v.
CAMDEN COUNTY FREEHOLDERS and
CAMDEN COUNTY CORRECTIONAL
FACILITY
OPINION
Defendants.
APPEARANCES:
James Fisher, Plaintiff Pro Se
501 Chews Landing Rd.
Apt. 226
Sicklerville, NJ 08081
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Jeffery Holman seeks to bring a civil rights
complaint pursuant to the 42 U.S.C. § 1983 against the Camden
County Freeholders and the Camden County Correctional Facility
(“CCCF”). Complaint, Docket Entry 1.
At this time, the Court must review the complaint, pursuant
to 28 U.S.C. § 1915(e)(2) to determine whether it should be
dismissed as frivolous or malicious, for failure to state a
claim upon which relief may be granted, or because it seeks
monetary relief from a defendant who is immune from such relief.
For the reasons set forth below, the Court will dismiss the
complaint with prejudice for failure to state a claim. 28 U.S.C.
§ 1915(e)(2)(b)(ii).
II.
BACKGROUND
Plaintiff alleges that he was detained in the CCCF in 2005,
and that because of overcrowded conditions he was housed with
three other inmates in a 2-man cell and forced to sleep on the
floor of a cell. Complaint § III.
III. STANDARD OF REVIEW
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 pauperis.
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
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alleged.” Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303, 308
n.3 (3d Cir. 2014) (quoting Iqbal, 556 U.S. at 678). “[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)).
IV. DISCUSSION
Plaintiff seeks monetary damages for allegedly
unconstitutional conditions of confinement. However, the
complaint is barred by the statute of limitations.
New Jersey's two-year limitations period for personal
injury governs § 1983 actions in federal court.1 See Wilson v.
Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State Police,
603 F.3d 181, 185 (3d Cir. 2010). The accrual date of a § 1983
action is determined by federal law, however. Wallace v. Kato,
549 U.S. 384, 388 (2007); Montanez v. Sec'y Pa. Dep't of Corr.,
773 F.3d 472, 480 (3d Cir. 2014). “Under federal law, a cause of
action accrues when the plaintiff knew or should have known of
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“Although the running of the statute of limitations is
ordinarily an affirmative defense, where that defense is obvious
from the face of the complaint and no development of the record
is necessary, a court may dismiss a time-barred complaint sua
sponte under § 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a claim.” Ostuni v. Wa Wa's Mart, 532 F. App’x 110, 111–12
(3d Cir. 2013) (per curiam).
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the injury upon which the action is based.” Montanez, 773 F.3d
at 480 (internal quotation marks omitted).
Plaintiff states he was detained at CCCF in 2005. The
allegedly unconstitutional conditions of confinement at CCCF
would have been immediately apparent to Plaintiff at the time of
his detention; therefore, the statute of limitations for
Plaintiff’s claims expired, at the latest, in 2007. Plaintiff
filed this case too late and it will be dismissed. The complaint
will be dismissed with prejudice, and the Court will deny leave
to amend as there are no grounds for equitable tolling of the
statute of limitations.2 Ostuni v. Wa Wa's Mart, 532 F. App’x
110, 112 (3d Cir. 2013) (per curiam) (affirming dismissal with
prejudice due to expiration of statute of limitations); Grayson
v. Mayview State Hosp., 293 F.3d 103, 114 (3d Cir. 2002)
(holding leave to amend should generally be granted unless
“leave to amend unless amendment would be inequitable or
futile”).
V.
CONCLUSION
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Equitable tolling “is only appropriate ‘(1) where the defendant
has actively misled the plaintiff respecting the plaintiff's
cause of action; (2) where the plaintiff in some extraordinary
way has been prevented from asserting his or her rights; or (3)
where the plaintiff has timely asserted his or her rights
mistakenly in the wrong forum.’” Omar v. Blackman, 590 F. App’x
162, 166 (3d Cir. 2014) (quoting Santos ex rel. Beato v. United
States, 559 F.3d 189, 197 (3d Cir. 2009)).
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For the reasons stated above, the complaint is dismissed with
prejudice for failure to state a claim. An appropriate order
follows.
October 24, 2016
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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