ALMODAVAR v. CAMDEN COUNTY JAIL
OPINION. Signed by Chief Judge Jerome B. Simandle on 2/21/2017. (tf,n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
EMANUEL MERCADO ALMODOVAR,
HONORABLE JEROME B. SIMANDLE
No. 16-cv-07071 (JBS-AMD)
CAMDEN COUNTY JAIL,
Emanuel Mercado Almodovar, Plaintiff Pro Se
3309 Livingston Walk
Camden, NJ 08104
SIMANDLE, Chief District Judge:
Plaintiff Emanuel Mercado Almodovar seeks to bring a
civil rights complaint pursuant to 42 U.S.C. § 1983 against the
Camden County Jail (“CCJ”). Complaint, Docket Entry 1.
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
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).
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)).
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)).
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.
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 “since the arrival at
the Camden County Jail” when he “was arrested on 9-20-2002.”
Complaint § III. The fact section of the complaint states: “When
I reported to my cell I was instructed by the Camden County
Correctional Officer to sleep on the floor. He explained that
there [were] no beds available throughout the Camden County Jail
Facility.” 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.
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
the confinement(s), whether Plaintiff was a pretrial detainee or
convicted prisoner, etc.
As Plaintiff may be able to amend his complaint to
address the deficiencies noted by the Court,1 the Court shall
To the extent the complaint seeks relief for conditions
Plaintiff encountered during confinements prior to October 12,
2014, those claims are barred by the statute of limitations.
Claims brought under § 1983 are governed by New Jersey's twoyear 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). Plaintiff
alleges that the facts giving rise to his claims occurred
following his arrest on September 20, 2002, but he does not
state the duration of his confinement. Complaint § III. The
allegedly unconstitutional conditions of confinement at CCJ
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order.
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.
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.
would have been immediately apparent to Plaintiff at the time of
his detention; therefore, the statute of limitations for some of
Plaintiff’s claims may have expired as early as 2004. In the
event Plaintiff elects to file an amended complaint, he should
focus on facts that occurred during periods of confinement on or
subsequent to October 12, 2014, if any.
2 The amended complaint shall be subject to screening prior to
An appropriate order follows.
February 21, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?