NEAL v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 3

OPINION FILED. Signed by Chief Judge Jerome B. Simandle on 2/2/17. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MICHELLE EDMONDS NEAL,
Plaintiff,
v.

HONORABLE JEROME B. SIMANDLE

Civil Action
No. 16-cv-06666 (JBS-AMD)

CAMDEN COUNTY CORRECTIONAL
FACILITY,

OPINION

Defendant.
APPEARANCES:
Michelle Edmonds Neal, Plaintiff Pro Se
207 S. Dudley Street
Camden, NJ 08105
SIMANDLE, Chief District Judge:
1.

Plaintiff Michelle Edmonds Neal 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–

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39 (D.N.J. 1989) (correctional facility is not a “person” under
§ 1983).
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: “Upon being transported to the Camden County Jail,
entered and was searched[.] Stayed in the holding cell for about
7 hours then given a very thin mat [and] sheets. No blankets
were available. Once I arrived to the cell it was 2 other
inmates present. Because they were there already they had the
beds. The first night I slept under the metal table [and] stool.
The other inmate gave me an additional sheet because I was so
cold. Night 2 – After asking will I go to court no one knew.
Everyone was waiting on paperwork. We had got 2 more bunkies.
Now it’s 5 of us cramped together by this time I’m near the
toilet. On the 3rd day I went to video court and got OR’d by
10:30 a.m. All day I asked and no one knew anything. The Bunkie
was [at] her 7th day and left so I got her bunk. I waited and
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finally on the 4th day (well 3rd) they came for me [at] about
8:45 and by 10 p.m. I was released. Horrible experience I never
wanted to endure for child support.” Complaint § III. 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,
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
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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, the Court shall
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order.
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.1 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.

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

An appropriate order follows.

February 2, 2017
Date

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

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