SMITH v. CAMDEN COUNTY JAIL
OPINION. Signed by Chief Judge Jerome B. Simandle on 1/31/2017. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JENNIFER LYNN SMITH,
HONORABLE JEROME B. SIMANDLE
No. 16-cv-06602 (JBS-AMD)
CAMDEN COUNTY JAIL,
Jennifer Lynn Smith, Plaintiff Pro Se
431 Myrtle Avenue, Apt. 1-C
Woodbury, NJ 08096
SIMANDLE, Chief District Judge:
Plaintiff Jennifer Lynn Smith seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Jail (“CCJ”). Complaint, Docket Entry 1.
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.
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 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, e.g.,
Grabow v. Southern State Corr. Facility, 726 F. Supp. 537, 538–
Plaintiff has not stated any requested relief in the complaint.
39 (D.N.J. 1989) (correctional facility is not a “person” under
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. Plaintiff alleges she experienced
unconstitutional conditions of confinement in February 2015.
Complaint § III. The fact section of the complaint states: “4
females in a 2 female cell for 7-8 days. I was on the floor
under a leaky window very ill which made it worse w/ a soaking
wet head. Got vomit [and] urinated on me from other inmate
because slept by toilet. Did not get fed. Ended up needing IV
fluids.” Id. Plaintiff also alleges that she “did not receive
medical treatment until I went to the Mods.” Id. § IV. Even
accepting these statements as true for screening purposes only,
there is not enough factual support for the Court to infer a
constitutional violation has occurred.
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, etc.
In addition, to the extent that Plaintiff seeks to
allege a claim based on a violation of her right to adequate
medical care, there are not enough facts to support an inference
that Plaintiff’s rights were violated in this regard. In order
to set forth a cognizable claim for a violation of her right to
adequate medical care, an inmate must allege: (1) a serious
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). The mere
assertion that Plaintiff did not receive medical treatment is
insufficient to meet the pleading standard in the absence of
additional facts. If she wishes to pursue this claim, Plaintiff
should provide additional facts supporting both of the
requirements in her amended complaint.
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.2
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
The amended complaint shall be subject to screening prior to
explicit. Id. To avoid confusion, the safer course is to file an
amended complaint that is complete in itself. 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.
January 31, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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