TURNER v. CCCF

Filing 5

OPINION. Signed by Judge Jerome B. Simandle on 10/19/17. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JEWEL TURNER, JR.,
HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-cv-06495 (JBS-AMD)

v.
CCCF,

OPINION
Defendant.

APPEARANCES
Jewel Turner, Jr., Plaintiff Pro Se
465 Trenton Ave.
Camden, NJ 08103
SIMANDLE, District Judge:
1.

Plaintiff Jewel Turner, Jr. seeks to bring a civil

rights complaint pursuant to 42 U.S.C. § 1983 against the CCCF
(CCCF is the commonly referred to name of the Camden County
Correctional Facility). Complaint, Docket Entry 1. Based on
Plaintiff’s affidavit of indigency, the Court will grant his
application to proceed in forma pauperis.
2.

28 U.S.C. § 1915(e)(2) requires courts to review

complaints prior to service in cases in which a plaintiff is
proceeding in forma pauperis. Courts 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: (1)

dismiss the Complaint with prejudice as to claims made against
CCCF; and (2) dismiss the Complaint without prejudice for
failure to state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
Claims Against CCCF: Dismissed With Prejudice
4.

Plaintiff brings this action pursuant to 42 U.S.C.

§ 19831 for alleged violations of Plaintiff’s constitutional
rights. In order to set forth a prima facie case under § 1983, a
plaintiff must show: “(1) a person deprived him of a federal
right; and (2) the person who deprived him of that right acted
under color of state or territorial law.” Groman v. Twp. of
Manalapan, 47 F.3d 628, 633 (3d Cir. 1995) (citing Gomez v.
Toledo, 446 U.S. 635, 640 (1980)).
5.

Generally, for purposes of actions under § 1983,

“[t]he term ‘persons’ includes local and state officers acting
under color of state law.” Carver v. Foerster, 102 F.3d 96, 99

1

Section 1983 provides: “Every person who, under color of any
statute, ordinance, regulation, custom, or usage, of any State .
. . subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to
the deprivation of any rights, privileges, or immunities secured
by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper
proceeding for redress . . . .” 42 U.S.C. § 1983.
2

(3d Cir. 1996) (citing Hafer v. Melo, 502 U.S. 21 (1991)).2 To
say that a person was “acting under color of state law” means
that the defendant in a § 1983 action “exercised power [that the
defendant] possessed by virtue of state law and made possible
only because the wrongdoer [was] clothed with the authority of
state law.” West v. Atkins, 487 U.S. 42, 49 (1988) (citation
omitted). Generally, then, “a public employee acts under color
of state law while acting in his official capacity or while
exercising his responsibilities pursuant to state law.” Id.
at 50.
6.

Because the Complaint has not sufficiently alleged

that a “person” deprived Plaintiff of a federal right, the
Complaint does not meet the standards necessary to set forth a
prima facie case under § 1983. In the Complaint, Plaintiff seeks
monetary damages from CCJ for allegedly unconstitutional
conditions of confinement. The CCCF, however, is not a “person”
within the meaning of § 1983; therefore, the claims against it
must be dismissed with prejudice. See Crawford 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.

2

“Person” is not strictly limited to individuals who are state
and local government employees, however. For example,
municipalities and other local government units, such as
counties, also are considered “persons” for purposes of § 1983.
See Monell v. N.Y.C. Dep't of Social Services, 436 U.S. 658,
690-91 (1978).
3

Cahill, 474 F.2d 991, 992 (3d Cir. 1973)); Grabow v. Southern
State Corr. Facility, 726 F. Supp. 537, 538–39 (D.N.J. 1989)
(correctional facility is not a “person” under § 1983). Given
that the claims against the CCCF must be dismissed with
prejudice, the claims may not proceed and Plaintiff may not name
the CCCF as a defendant.
7.

Plaintiff may be able to amend the Complaint to name a

person or persons 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.
Conditions Of Confinement Claims:
Dismissed Without Prejudice
8.

Second, 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).
9.

The present Complaint does not allege sufficient facts

to support a reasonable inference that a constitutional
violation has occurred in order to survive this Court’s review
under § 1915. Even accepting the statements in Plaintiff’s
Complaint as true for screening purposes only, there is not
enough factual support for the Court to infer a constitutional
violation has occurred.

4

10.

To survive sua sponte screening for failure to state a

claim3, 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)). Moreover, while pro se pleadings are liberally
construed, “pro se litigants still must allege sufficient facts
in their complaints to support a claim.” Mala v. Crown Bay
Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013) (citation
omitted) (emphasis added).

3

“The legal standard for dismissing a complaint for failure to
state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) is the
same as that for dismissing a complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6).” Samuels v. Health Dep’t, No. 161289, 2017 WL 26884, slip op. at *2 (D.N.J. Jan. 3, 2017)
(citing Schreane v. Seana, 506 F. App’x 120, 122 (3d Cir.
2012)); Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000));
Mitchell v. Beard, 492 F. App’x 230, 232 (3d Cir. 2012)
(discussing 28 U.S.C. § 1997e(c)(1)); Courteau v. United States,
287 F. App’x 159, 162 (3d Cir. 2008) (discussing 28 U.S.C. §
1915A(b)).
5

11.

A 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.
12.

However, with respect to the alleged facts giving rise

to Plaintiff’s claims, Plaintiff complaint states: “The
conditions of sleeping on Camden County floor being mistreated,
had an In Complaint with Internal Affairs due to a cop beating
on me on 2008 SSA.” Complaint § III(C).
13.

Plaintiff states this occurred “from 2004 to 2015 on

and off.” Complaint § III(B).
14.

Plaintiff left the injury and relief section of his

complaint blank. Complaint § IV, V.
15.

Even construing the Complaint as seeking to bring a

civil rights complaint pursuant to 42 U.S.C. § 1983 for alleged
prison overcrowding, any such purported claims must be dismissed
because the Complaint does not set forth sufficient factual
support for the Court to infer that a constitutional violation
has occurred.
16.

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
6

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 length of the
confinement(s), whether plaintiff was a pretrial detainee or
convicted prisoner, any specific individuals who were involved
in creating or failing to remedy the conditions of confinement,
any other relevant facts regarding the conditions of
confinement, etc.
17.

Moreover, to the extent the complaint seeks relief for

conditions Plaintiff encountered during periods of confinement
ending prior to October 4, 2014, those claims are barred by the
statute of limitations and must be dismissed with prejudice,
meaning that Plaintiff cannot recover for those claims because

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they have been brought too late.4 Civil rights claims under
§ 1983 are governed by New Jersey's limitations period for
personal injury and must be brought within two years of the
claim’s accrual. See Wilson v. Garcia, 471 U.S. 261, 276 (1985);
Dique v. N.J. State Police, 603 F.3d 181, 185 (3d Cir. 2010).
“Under federal law, a cause of action accrues when the plaintiff
knew or should have known of the injury upon which the action is
based.” Montanez v. Sec'y Pa. Dep't of Corr., 773 F.3d 472, 480
(3d Cir. 2014).
18.

Plaintiff alleges the events giving rise to his claims

occurred between 2004 and 2015. 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 arising from
any incarcerations prior to October 4, 2014 expired before this
complaint was filed in 2016.5
19.

Although not specified in the Complaint, this Court

construes Plaintiff’s contentions regarding “cop also beating on

4

Plaintiff filed this complaint on October 4, 2016.
Although the Court may toll, or extend, the statute of
limitations in the interests of justice, certain circumstances
must be present before it can do so. Tolling is not warranted in
this case because the state has not “actively misled” Plaintiff
as to the existence of his cause of action, there are no
extraordinary circumstances that prevented Plaintiff from filing
his claim, and there is nothing to indicate Plaintiff filed his
claim on time but in the wrong forum. See Omar v. Blackman, 590
F. App’x 162, 166 (3d Cir. 2014).
5

8

me on 2008 SSA” (Complaint § III) as claims that Plaintiff
suffered physical abuse amounting to a violation of his
constitutional rights, herein referred to an “Excessive Force
Claim.” The Plaintiff did not allege any additional information
about this conduct and the circumstances surrounding the
incident are left to speculation.
20.

Plaintiff alleges that the purported assault occurred

in 2008. Complaint § III. Plaintiff had not filed this present
action until 2016 and thus is time-barred by the statute of
limitations with respect to Plaintiff’s excessive force claim.
The two-year statute of limitations for Plaintiff’s claim of
excessive force (Wilson, 471 U.S. at 276; Dique, 603 F.3d at
185) expired in 2010.
21.

“[P]laintiffs who file complaints subject to dismissal

should receive leave to amend unless amendment would be
inequitable under [§ 1915] or futile.” Grayson v. Mayview State
Hosp., 293 F.3d 103, 114 (3d Cir. 2002). This Court denies leave
to amend this excessive force claim as Plaintiff’s Complaint is
barred by the statute of limitations, which is governed by New
Jersey's two-year limitations period for personal injury.6 See

6

“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
9

Wilson v. Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State
Police, 603 F.3d 181, 185 (3d Cir. 2010). Therefore, amendment
of this claim will be futile and Plaintiff will be denied leave
to amend this claim.
22.

However, Plaintiff can file an amended complaint

regarding the conditions of confinement. If Plaintiff elects to
file an amended complaint, it should be limited to confinements
in which Plaintiff was released after October 4, 2014.
23.

Plaintiff is further advised that any amended

complaint must plead specific facts regarding the conditions of
confinement. In the event Plaintiff files an amended complaint,
Plaintiff 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.
24.

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

state a claim.” Ostuni v. Wa Wa's Mart, 532 F. App’x 110, 111–12
(3d Cir. 2013) (per curiam).
10

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.
25.

For the reasons stated above, the Complaint is: (a)

dismissed with prejudice as to the CCCF; (b) is dismissed with
prejudice as to claims of excessive force based upon purported
assault by a police officer in 2008; and (c) dismissed without
prejudice for failure to state a claim, except that claims
arising prior to October 4, 2014, are dismissed with prejudice.
26.

An appropriate order follows.

October 19, 2017
Date

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

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