ROTHMILLER v. CAMDEN COUNTY CORRECTIONAL FACILITY
Filing
3
OPINION. Signed by Chief Judge Jerome B. Simandle on 2/1/2017. (TH, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JUNE ROTHMILLER,
Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL
FACILITY,
HONORABLE JEROME B. SIMANDLE
Civil Action
No. 16-cv-06620 (JBS-AMD)
OPINION
Defendant.
APPEARANCES:
June Rothmiller, Plaintiff Pro Se
78 Packard Ave.
Woodbury, NJ 08096
SIMANDLE, Chief District Judge:
1.
Plaintiff June Rothmiller seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Correctional Facility (“CCCF”). 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 CCCF for
allegedly unconstitutional conditions of confinement. As the
CCCF 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–
39 (D.N.J. 1989) (correctional facility is not a “person” under
§ 1983).
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.
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. The complaint states in its
entirety: “I was detained in CCCFacility with four inmates for
several days in a cell and eventually put in a more crowded
situation as time continued.” Complaint § III. 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.
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,
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
3
(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.
9.
As Plaintiff may be able to amend her complaint to
address the deficiencies noted by the Court,1 the Court shall
1
To the extent the complaint seeks relief for conditions of
confinement Plaintiff encountered prior to October 6, 2014,
those claims are barred by the statute of limitations. Claims
brought under § 1983 are governed by New Jersey's two-year
limitations period for personal injury. 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). Regarding the
date of the events giving rise to her claim, Plaintiff states
only “unsure date about 2013.” Complaint § III. The allegedly
unconstitutional conditions of confinement at CCCF would have
been immediately apparent to Plaintiff at the time of her
detention; therefore, the statute of limitations for Plaintiff's
claims arising in 2013, if that is the correct time period,
expired in 2015. In the event Plaintiff elects to file an
amended complaint, she should focus on facts encountered during
confinement occurring on or subsequent to October 6, 2014, if
any.
4
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order.2
10.
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.
11.
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.
12.
An appropriate order follows.
February 1, 2017
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
2
The amended complaint shall be subject to screening prior to
service.
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?