THURSTON v. CAMDEN COUNTY BOARD OF CHOSEN FREEHOLDERS et al
Filing
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OPINION. Signed by Chief Judge Jerome B. Simandle on 2/1/2017. (TH, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KENNETH R. THURSTON,
Plaintiff,
v.
HONORABLE JEROME B. SIMANDLE
Civil Action
No. 16-cv-06610 (JBS-AMD)
CAMDEN COUNTY BOARD OF CHOSEN
FREEHOLDERS; CAMDEN COUNTY
DEPARTMENT OF CORRECTIONS;
WARDEN CAMDEN COUNTY JAIL,
OPINION
Defendants.
APPEARANCES:
Kenneth R. Thurston, Plaintiff Pro Se
868 Haddon Ave., Apt. B
Camden, NJ 08103
SIMANDLE, Chief District Judge:
1.
Plaintiff Kenneth R. Thurston seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Board of Chosen Freeholders (“Freeholders”), the Camden
County Department of Corrections (“CCDOC”), and the Warden of
the Camden County Jail (“Warden”). 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 alleges he experienced unconditional
conditions of confinement while detained at the Camden County
Jail.
Complaint § III. The fact section of the complaint
states: “I was placed in Camden County Jail on July 11, 2016 and
was told to find a room and put my mattress on the floor. When I
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asked about a bed I was told there are no beds because of over
crowding conditions.” Id. 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.
6.
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.
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7.
Moreover, Plaintiff has not alleged sufficient facts
to support an inference that the named Defendants are personally
liable for the alleged constitutional violations.
8.
The CCDOC is not independently subject to suit because
it is not a separate legal entity from Camden County. See
Bermudez v. Essex Cty. D.O.C., No. 12-6035, 2013 WL 1405263, at
*5 (D.N.J. Apr. 4, 2013) (citing cases). Plaintiff has not pled
sufficient facts to impose liability on Camden County.
9.
“There is no respondeat superior theory of municipal
liability, so a city may not be held vicariously liable under
§ 1983 for the actions of its agents. Rather, a municipality may
be held liable only if its policy or custom is the ‘moving
force’ behind a constitutional violation.” Sanford v. Stiles,
456 F.3d 298, 314 (3d Cir. 2006) (citing Monell v. N.Y.C. Dep't
of Social Services, 436 U.S. 658, 691 (1978)). See also Collins
v. City of Harker Heights, 503 U.S. 115, 122 (1992) (“The city
is not vicariously liable under § 1983 for the constitutional
torts of its agents: It is only liable when it can be fairly
said that the city itself is the wrongdoer.”).
10.
Plaintiff must plead facts showing that the relevant
Camden County policy-makers are “responsible for either the
affirmative proclamation of a policy or acquiescence in a wellsettled custom.” Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d
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Cir. 1990).1 In other words, Plaintiff must set forth facts
supporting an inference that Camden County itself was the
“moving force” behind the alleged constitutional violation.
Monell, 436 U.S. at 689.
11.
Likewise, Plaintiff has not pled sufficient facts
regarding the personal liability of the Freeholders. As the
governing body of Camden County, the Freeholders cannot be held
liable under § 1983 solely on a theory of respondeat superior.
Monell, 436 U.S. at 690–91. Plaintiff therefore must meet the
same pleading standard regarding the Freeholder’s liability as
must be met for Camden County, i.e., he must set forth facts
supporting an inference that the Freeholders themselves were the
“moving force” behind the alleged constitutional violations.
Monell, 436 U.S. at 689. Plaintiff has not set forth such facts
with respect to either Camden County or the Freeholders.
12.
Similarly, Plaintiff has not pled sufficient facts to
support an inference that the Warden was personally involved in
either the creation of, or failure to address, the conditions of
1
“Policy is made when a decisionmaker possess[ing] final
authority to establish municipal policy with respect to the
action issues an official proclamation, policy, or edict.
Government custom can be demonstrated by showing that a given
course of conduct, although not specifically endorsed or
authorized by law, is so well-settled and permanent as virtually
to constitute law.” Kirkland v. DiLeo, 581 F. App'x 111, 118 (3d
Cir. 2014) (internal quotation marks and citations omitted)
(alteration in original).
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his confinement. State actors are liable only for their own
unconstitutional conduct and may not be held liable for the
unconstitutional conduct of their subordinates under a theory of
respondeat superior. Ashcroft v. Iqbal, 556 U.S. 662, 676
(2009); Bistrian v. Levi, 696 F.3d 352, 366 (3d Cir. 2012).
13.
As Plaintiff may be able to amend his 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.
14.
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.
15.
For the reasons stated above, the complaint is
dismissed without prejudice for failure to state a claim. The
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The amended complaint shall be subject to screening prior to
service.
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Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
16.
An appropriate order follows.
February 1, 2017
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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