WATKINS v. CAMDEN COUNTY JAIL

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/1/2017. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KEYON WATKINS,
Plaintiff,
v.

HONORABLE JEROME B. SIMANDLE

Civil Action
No. 16-cv-06642 (JBS-AMD)

CAMDEN COUNTY JAIL,

OPINION

Defendant.
APPEARANCES:
Keyon Watkins, Plaintiff Pro Se
1028 Morton Street
Camden, NJ 08104
SIMANDLE, Chief District Judge:
1.

Plaintiff Keyon Watkins seeks to bring a civil rights

complaint pursuant to 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, 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).

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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 fact section of the complaint
states: “I was sleeping on the floor next to the toilet while
late nite people was going to the bathroom, when I got in the
shower I got a boil, and swoll[en] feet they b[r]oke out bad. I
got really sick, my face broke out I was in pain, lost
weigh[t]!!! They look at it [and] sent me back it was okay an[d]
it wasn’t it was hurting really bad.” Complaint § III. Plaintiff
also states, “I went to medical [and] they didn’t do nothin.”
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.
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,
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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.
9.

In addition, to the extent that Plaintiff seeks to

allege a claim based on a violation of his 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 his 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
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Cnty. Corr. Facility, 318 F.3d 575, 582 (3d Cir. 2003). Mere
assertions that Plaintiff went to medical and nothing was done
are insufficient to meet the pleading standard in the absence of
additional facts. If he wishes to pursue this claim, Plaintiff
should provide additional facts supporting both of the
requirements in his amended complaint.
10.

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.
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.1 Id.

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The amended complaint shall be subject to screening prior to
service.
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12.

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.
13.

An appropriate order follows.

February 1, 2017
Date

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

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