WILSON v. CAMDEN COUNTY JAIL
OPINION. Signed by Chief Judge Jerome B. Simandle on 2/2/17. (jbk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HONORABLE JEROME B. SIMANDLE
CAMDEN COUNTY JAIL,
Nathaniel Wilson, Plaintiff Pro Se
540 Randolph Street
Camden, NJ 08105
SIMANDLE, Chief District Judge:
Plaintiff Nathaniel Wilson seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Jail (“CCJ”) for allegedly unconstitutional conditions of
confinement. Complaint, Docket Entry 1.
28 U.S.C. § 1915(e)(2) requires courts to review
complaints prior to service in cases in which a plaintiff is
proceeding in forma pauperis. Courts 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 with prejudice for failure to state a
claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
First, the Complaint must be dismissed with prejudice
as to claims made against the CCJ because defendant is not a
“state actor” within the meaning of § 1983. See Crawford v.
McMillian, No. 16-3412, 2016 WL 6134846, at *2 (3d Cir. Oct. 21,
2016) (“[T]he prison is not an entity subject to suit under 42
U.S.C. § 1983.”) (citing Fischer v. Cahill, 474 F.2d 991, 992
(3d Cir. 1973)); Grabow v. Southern State Corr. Facility, 726 F.
Supp. 537, 538–39 (D.N.J. 1989) (correctional facility is not a
“person” under § 1983).
Second, the Complaint does not allege sufficient facts
to support a reasonable inference that a constitutional
violation has occurred in order to survive this Court’s review
under 28 U.S.C. § 1915(e)(2)(b)(ii). Even accepting the
statements in Plaintiff’s Complaint as true for screening
purposes only, there is not enough factual support for the Court
to infer a constitutional violation has occurred. To survive sua
sponte screening for failure to state a claim1, the Complaint
“The legal standard for dismissing a complaint for failure to
state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) is the
same as that for dismissing a complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6).” Samuels v. Health Dep’t, No. 161289, 2017 WL 26884, slip op. at *2 (D.N.J. Jan. 3, 2017)
(citing Schreane v. Seana, 506 F. App’x 120, 122 (3d Cir.
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)).
Moreover, while pro se pleadings are liberally construed, “pro
se litigants still must allege sufficient facts in their
complaints to support a claim.” Mala v. Crown Bay Marina, Inc.,
704 F.3d 239, 245 (3d Cir. 2013) (citation omitted) (emphasis
With respect to the facts giving rise to his claims,
Plaintiff’s Complaint states in its entirety: “I was sleeping on
the floor for 27 days.” Complaint § III(C).
2012)); Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000));
Mitchell v. Beard, 492 F. App’x 230, 232 (3d Cir. 2012)
(discussing 28 U.S.C. § 1997e(c)(1)); Courteau v. United States,
287 F. App’x 159, 162 (3d Cir. 2008) (discussing 28 U.S.C. §
Plaintiff states that the events giving rise to the
claims in the Complaint occurred “3/2009.” Id. § III(B).
Plaintiff does not identify any injuries related to
the alleged events. Id. § IV.
Plaintiff does not identify any relief sought in
connection with the claims made in the Complaint. Id. § V.
Plaintiff’s claims must be dismissed because the
Complaint does not set forth any factual support for the Court
to infer that 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
Finally, Plaintiff’s claims are barred by the statute
of limitations. “[P]laintiffs who file complaints subject to
dismissal should receive leave to amend unless amendment would
be inequitable under [§ 1915] or futile.” Grayson v. Mayview
State Hosp., 293 F.3d 103, 114 (3d Cir. 2002). This Court denies
leave to amend at this time as Plaintiff’s Complaint is barred
by the statute of limitations, which is governed by New Jersey's
two-year limitations period for personal injury.2 See Wilson v.
Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State Police,
603 F.3d 181, 185 (3d Cir. 2010). The accrual date of a § 1983
action is determined by federal law, however. Wallace v. Kato,
549 U.S. 384, 388 (2007); Montanez v. Sec'y Pa. Dep't of Corr.,
773 F.3d 472, 480 (3d Cir. 2014). “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, 773 F.3d
at 480 (internal quotation marks omitted).
“Although the running of the statute of limitations is
ordinarily an affirmative defense, where that defense is obvious
from the face of the complaint and no development of the record
is necessary, a court may dismiss a time-barred complaint sua
sponte under § 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a claim.” Ostuni v. Wa Wa's Mart, 532 F. App’x 110, 111–12
(3d Cir. 2013) (per curiam).
Plaintiff states that the events giving rise to the
claims in the Complaint occurred “3/2009.” Complaint § III(B).
The allegedly unconstitutional conditions of confinement would
have been immediately apparent to Plaintiff at the time of
detention in CCJ. Accordingly, the statute of limitations for
Plaintiff’s claims expired in March 2011. As there are no
grounds for equitable tolling of the statute of limitations,3 the
Complaint will be dismissed with prejudice. Ostuni v. Wa Wa's
Mart, 532 F. App’x 110, 112 (3d Cir. 2013) (per curiam)
(affirming dismissal with prejudice due to expiration of statute
For the reasons stated above, the Complaint is
dismissed with prejudice for failure to state a claim.
An appropriate order follows.
February 2, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
Equitable tolling “is only appropriate ‘(1) where the defendant
has actively misled the plaintiff respecting the plaintiff's
cause of action; (2) where the plaintiff in some extraordinary
way has been prevented from asserting his or her rights; or (3)
where the plaintiff has timely asserted his or her rights
mistakenly in the wrong forum.’” Omar v. Blackman, 590 F. App’x
162, 166 (3d Cir. 2014) (quoting Santos ex rel. Beato v. United
States, 559 F.3d 189, 197 (3d Cir. 2009)).
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