OWENS v. CAMDEN COUNTY JAIL

Filing 3

OPINION filed. Signed by Chief Judge Jerome B. Simandle on 1/17/2017. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

DIONE OWENS,
Plaintiff,
v.

Civil Action
No. 16-cv-06346 (JBS-AMD)

CAMDEN COUNTY JAIL,
Defendant.

OPINION

APPEARANCES:
Dione D. Owens, Plaintiff Pro Se
220 West Branch Ave. Apt 634
Pine Hill, NJ 08021
SIMANDLE, Chief District Judge:
1.

Plaintiff Dione D. Owens seeks to bring a civil rights

complaint pursuant to the 42 U.S.C. § 1983 against the Camden
County Jail (“CCJ”). Complaint, Docket Entry 1.
2.

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.

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. § 1915(e)(2)(b)(ii).
4.

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)).
5.

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, the claims
against it must be dismissed with prejudice. See Crawford v.
McMillian, No. 16-3412, 2016 WL 6134846 (3d Cir. Oct. 21, 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.
1973)).
2

6.

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.1
7.

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. Plaintiff alleges: “We in County
Fell hit my head. No med for high blood pressure and depression.
6 people in cell. Sleep on floor. Was kick all night in back.”
Complaint § III. She further states: “6 people in cell. Food was
nasty. Room cold would not let me out to phone home. I fall on
floor. Did’nt [sic] take me to Doctor High Blood Pressure No
Med.” Id. § IV. Even accepting the statements as true for
screening purposes only, there is not enough factual support for
the Court to infer a constitutional violation has occurred.
8.

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,

1

The amended complaint shall be subject to screening prior to
service.
3

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.”).
9.

In the event Plaintiff files an amended complaint, she

should include specific facts, such as the dates and length of
her confinement(s), whether she was a pretrial detainee or
convicted prisoner, any specific individuals who were involved
in creating or failing to remedy the conditions of confinement,
and any other relevant facts regarding the conditions of
confinement.
10.

There are also not enough facts for the Court to infer

Plaintiff was denied adequate medical care. In order to set
forth a cognizable claim for a violation of the right to
adequate medical care, an inmate must allege: (1) a serious
4

medical need; and (2) behavior on the part of prison officials
that constitutes deliberate indifference to that need. See
Estelle v. Gamble, 429 U.S. 97, 106 (1976); Natale v. Camden
Cnty. Corr. Facility, 318 F.3d 575, 582 (3d Cir. 2003). A mere
assertion that nurses did not give out medication is
insufficient to meet the pleading standard in the absence of
additional facts. If she wishes to pursue this claim, Plaintiff
should provide facts supporting both of the requirements in her
amended complaint.
11.

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. Id. The amended
complaint may not adopt or repeat claims that have been
dismissed with prejudice by the Court.
12.

For the reasons stated above, the complaint is

dismissed without prejudice for failure to state a claim. The
5

Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
13.

An appropriate order follows.

January 17, 2017
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

6