LOVE v. CAMDEN COUNTY JAIL

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/16/2017. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

DERRICK LOVE,
Plaintiff,
v.

Civil Action
No. 16-cv-07037 (JBS-AMD)

CAMDEN COUNTY JAIL,

OPINION

Defendant.
APPEARANCES:
Derrick Love, Plaintiff Pro Se
1362 Chesapeake Road
Camden, NJ 08104
SIMANDLE, Chief District Judge:
1.

Plaintiff Derrick Love 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 Crawford v.
McMillian, 660 F. App’x 113, 116 (3d Cir. 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)).

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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. Plaintiff alleges he experienced
unconstitutional conditions of confinement “beginning in March
2006 and then 2007 and any other time that I entered the C.C.J.”
Complaint § III. The fact section of the complaint states: “I
was subject to overcrowded conditions and subject to cruel [and]
unusual [illegible] the CCJ while presumed innocent of all
crimes. I had to sleep on the floor, eat in a locked room while
someone used the restroom and wasn't provided adequate time and
supplies to clean and disinfect the area.” Id. 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
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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
the confinement(s), whether Plaintiff was a pretrial detainee or
convicted prisoner, etc.
9.

As Plaintiff may be able to amend his complaint to

address the deficiencies noted by the Court,1 the Court shall

1

To the extent the complaint seeks relief for conditions
Plaintiff encountered during confinements ending prior to
October 12, 2014, those claims are barred by the statute of
limitations. Claims brought under § 1983 are governed by New
Jersey's two-year limitations period for personal injury. See
Wilson v. Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State
Police, 603 F.3d 181, 185 (3d Cir. 2010). “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 v.
Sec'y Pa. Dep't of Corr., 773 F.3d 472, 480 (3d Cir. 2014).
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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.2 Id.
11.

For the reasons stated above, the complaint is

dismissed without prejudice for failure to state a claim. The

Plaintiff alleges he was incarcerated in the CCJ “beginning in
March 2006 and then 2007, and any other time that I entered the
C.C.J.,” though Plaintiff does not identify other times he was
confined at CCJ. Complaint § III. The allegedly unconstitutional
conditions of confinement at CCJ would have been immediately
apparent to Plaintiff at the time of his detention; therefore,
the statute of limitations for Plaintiff’s 2006 and 2007 claims
expired in 2008 and 2009, respectively. In the event Plaintiff
elects to file an amended complaint, he should focus on facts
that occurred during periods of confinement that took place on
or subsequent to October 12, 2014, if any.
2 The amended complaint shall be subject to screening prior to
service.
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Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
12.

An appropriate order follows.

February 16, 2017
Date

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

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