JONES v. CAMDEN COUNTY JAIL

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/14/17. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

LAMONT TERRY JONES,
Plaintiff,

Civil Action
No. 16-cv-06996 (JBS-AMD)

v.
CAMDEN COUNTY JAIL,

OPINION

Defendant.
APPEARANCES:
Lamont Terry Jones, Plaintiff Pro Se
2553 South 8th Street, Apt. B-11
Camden, NJ 08104
SIMANDLE, Chief District Judge:
I.

INTRODUCTION
Plaintiff Lamont Terry Jones seeks to bring a civil rights

complaint against Camden County Jail (“CCJ”) pursuant to 42
U.S.C. § 1983 for allegedly unconstitutional conditions of
confinement. Complaint, Docket Entry 1.
28 U.S.C. 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 Section 1915(e)(2)(B)
because Plaintiff is proceeding in forma pauperis.

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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).
II.

BACKGROUND
With respect to factual allegations giving rise to his

claims, Plaintiff states: “Six people to a room so I laid on
floor with no pillow and a sheet. No blanket. I was cold as
hell[.] [T]he food constipated me. I was sick. I complaint [sic]
for a week and a half. [F]innally [sic] the people let me c
[sic] a nurse.” Complaint § III(C).
Plaintiff alleges that these events occurred: “2006 and
2007. [A]nd I was in the County 2004 and 2005. [A]llso [sic]
2003 to 2004.” Id. § III(B).
Plaintiff complains of having suffered body soreness from
the alleged events. Id. § IV.
Plaintiff does not indicate a specific amount of monetary
relief sought. Id. § V.
III. STANDARD OF REVIEW
To survive sua sponte screening under 28 U.S.C. §
1915(e)(2) for failure to state a claim, a 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
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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)).
IV.

DISCUSSION
Plaintiff asserts claims against CCJ for allegedly

unconstitutional conditions of confinement. The Complaint must
be dismissed for failure to state a claim. 28 U.S.C. §
1915(e)(2)(B)(ii).
First, the Complaint must be dismissed as CCJ is not a
“state actor” within the meaning of § 1983. 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).
Accordingly, the claims against CCJ must be dismissed with
prejudice.
Second, “plaintiffs 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
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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).
Plaintiff alleges that the events giving rise to his claims
occurred: “2006 and 2007. [A]nd I was in the County 2004 and
2005. [A]llso [sic] 2003 to 2004.” Complaint § III(B). The
allegedly unconstitutional conditions of confinement at CCJ
would have been immediately apparent to Plaintiff at the time of
detention. Accordingly, the statute of limitations for
Plaintiff’s claims expired in 2009. As there are no grounds for
equitable tolling of the statute of limitations,2 the Complaint

1

“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).
2 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
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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).

V.

CONCLUSION
For the reasons stated above, the Complaint is dismissed

with prejudice for failure to state a claim. An appropriate
order follows.

February 14, 2017
Date

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

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)).
5