TOREES v. CAMDEN COUNTY

Filing 2

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/6/17. (jbk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

THOMAS TOREES,

HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-7600 (JBS-AMD)

v.
CAMDEN COUNTY,

OPINION
Defendant.

APPEARANCES:
Thomas Torees, Plaintiff Pro Se
656 Randolph Street
Camden, New Jersey 08105
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Thomas Torees seeks to bring a civil rights
complaint pursuant to the 42 U.S.C. § 1983 against Camden
County. Complaint, Docket Entry 1. Based on Plaintiff’s
affidavit of indigency, the Court will grant his application to
proceed in forma pauperis.
At this time, the Court must review the complaint, pursuant
to 28 U.S.C. § 1915(e)(2) to determine whether it should be
dismissed as frivolous or malicious, for failure to state a
claim upon which relief may be granted, or because it seeks
monetary relief from a defendant who is immune from such relief.
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
Plaintiff alleges that between September 5, 2014 and

approximately September 23, 2014, he was detained in the Camden
County Correctional Facility (“CCCF”). Complaint § III. He
further alleges that during these dates he was “forced to sleep
on the floor over 30 hours in processing, close to the toilet
area and wasn’t fed anything.”

He further alleges that he was

forced to sleep on the floor for nine days, was not allowed
outside for recreation and was barely able to use the phone. Id.
III. STANDARD OF REVIEW
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.
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).
2

“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) (quoting Iqbal, 556 U.S. at 678). “[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 seeks monetary damages for allegedly
unconstitutional conditions of confinement in the CCCF that he
experienced between September 5, 2014 and September 23, 2014.
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);

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).
3

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 states he was detained from September
5, 2014 to September 23, 2014. The allegedly unconstitutional
conditions of confinement at CCCF would have been immediately
apparent to Plaintiff at the time of his detention; therefore,
the statute of limitations for Plaintiff’s claims expired
September 23, 2016 at the latest. Plaintiff filed this complaint
too late as his complaint was filed October 20, 2016. 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).

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
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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V.

CONCLUSION
For the reasons stated above, the complaint is dismissed with

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

February 6, 2017
Date

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

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