FURMEN v. CAMDEN COUNTY JAIL
OPINION. Signed by Chief Judge Jerome B. Simandle on 2/2/2017. (rtm, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
IESHE J. FURMEN,
HONORABLE JEROME B. SIMANDLE
CAMDEN COUNTY JAIL,
Ieshe J. Furmen, Plaintiff Pro Se
1053 Atlantic Avenue
Camden, NJ 08104
SIMANDLE, Chief District Judge:
Plaintiff Ieshe J. Furmen 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
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)). 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 added).
With respect to alleged facts giving rise to
Plaintiff’s claims, the Complaint states in its entirety:
“Mentelly [sic] and physical. I was in the cell with two other
inmates[.] I was on the floor[.] [T]hey were volmening /
deficating ect. [sic][.] I was very sick.” Complaint § III(C).
Plaintiff states the purported events giving rise to
these claims occurred: “2004.” Id. § III(B).
Regarding injuries related to the alleged events,
Plaintiff states: “Mental & physical abuse ect [sic]. [I] had
hard times w/ cell mates.” Id. § IV.
Plaintiff seeks “1 million / better” in damages. Id. §
Plaintiff’s claims must be dismissed because the
Complaint does not set forth enough factual support for the
Court to infer that a constitutional violation has occurred.
Construing Plaintiff’s claims regarding detention
“with two other inmates” (id. § III(C)) as allegations of prison
overcrowding, 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 doublecelling by itself did not violate Eighth Amendment); Carson v.
Mulvihill, 488 F. App'x 554, 560 (3d Cir. 2012) (“[M]ere doublebunking 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.1 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).
The Complaint states the purported events giving rise
to Plaintiff’s claims occurred: “2004.” Complaint § III(B). The
allegedly unconstitutional conditions of confinement would have
“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).
been immediately apparent to Plaintiff at the time of detention
in CCJ. Accordingly, the statute of limitations for Plaintiff’s
claims expired in 2006. As there are no grounds for equitable
tolling of the statute of limitations,2 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 of limitations).
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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