SETZER v. CAMDEN COUNTY JAIL
OPINION. Signed by Judge Jerome B. Simandle on 6/29/2017. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HONORABLE JEROME B. SIMANDLE
No. 16-cv-07192 (JBS-AMD)
CAMDEN COUNTY JAIL,
Bridgett Setzen, Plaintiff Pro Se
201 Blackwood Clementon Rd., Apt. 1905
Lindenwold, NJ 08021
SIMANDLE, District Judge:
Plaintiff Bridgett Setzen 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 brings this action pursuant to 42 U.S.C.
§ 19831 for alleged violations of Plaintiff’s constitutional
rights. In order to set forth a prima facie case under § 1983, a
Section 1983 provides: “Every person who, under color of any
statute, ordinance, regulation, custom, or usage, of any State .
. . subjects, or causes to be subjected, any citizen of the
United States or other person within the jurisdiction thereof to
the deprivation of any rights, privileges, or immunities secured
by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper
proceeding for redress . . . .” 42 U.S.C. § 1983.
plaintiff must show: “(1) a person deprived [her] of a federal
right; and (2) the person who deprived [her] of that right acted
under color of state or territorial law.” Groman v. Twp. of
Manalapan, 47 F.3d 628, 633 (3d Cir. 1995) (citing Gomez v.
Toledo, 446 U.S. 635, 640 (1980)).
Generally, for purposes of actions under § 1983,
“[t]he term ‘persons’ includes local and state officers acting
under color of state law.” Carver v. Foerster, 102 F.3d 96, 99
(3d Cir. 1996) (citing Hafer v. Melo, 502 U.S. 21 (1991)).2 To
say that a person was “acting under color of state law” means
that the defendant in a § 1983 action “exercised power [that the
defendant] possessed by virtue of state law and made possible
only because the wrongdoer [was] clothed with the authority of
state law.” West v. Atkins, 487 U.S. 42, 49 (1988) (citation
omitted). Generally, then, “a public employee acts under color
of state law while acting in his official capacity or while
exercising his responsibilities pursuant to state law.” Id.
Because Plaintiff has not sufficiently alleged that a
“person” deprived her of a federal right, the complaint does not
“Person” is not strictly limited to individuals who are state
and local government employees, however. For example,
municipalities and other local government units, such as
counties, also are considered “persons” for purposes of § 1983.
See Monell v. N.Y.C. Dep't of Social Services, 436 U.S. 658,
meet the standards necessary to set forth a prima facie case
under § 1983. Plaintiff seeks monetary damages from CCJ for
allegedly unconstitutional conditions of confinement. The CCJ,
however, is not a “person” within the meaning of § 1983;
therefore, 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)). Because the claims against the CCJ must be
dismissed with prejudice, the claims may not proceed and
Plaintiff may not name the CCJ as a defendant.
In addition to not naming a proper defendant, the
complaint also fails to state a claim for relief because the
allegations do not permit the Court to infer that any person is
liable for the alleged unconstitutional conditions of
confinement. Plaintiff alleges that she “took a shower with
[her] bare feet and wasn’t given proper attire,” that “the
showers was [sic] filled with infectious bacteria” and that she
developed MRSA. Complaint § III. Plaintiff also alleges that she
slept on the floor near the toilet. Id. However, Plaintiff has
not alleged that any person acting under color of state law was
aware of and acted with deliberate indifference in creating or
failing to address the allegedly unconstitutional conditions.
See Kost v. Kozakiewicz, 1 F.3d 176, 188 (3d Cir. 1993) (noting
that a plaintiff must prove that prison officials acted with
deliberate indifference for conditions of confinement claim)
(citing Wilson v. Seiter, 501 U.S. 294, 303 (1991)).
Plaintiff may be able to amend the complaint to name a
person or persons 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 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.3 Id.
For the reasons stated above, the complaint is
dismissed without prejudice for failure to state a claim. The
The amended complaint shall be subject to screening prior to
Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
An appropriate order follows.
June 29, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge
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