WILLIAMS v. CAMDEN COUNTY CORRECTIONAL
Filing
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OPINION. Signed by Chief Judge Jerome B. Simandle on 2/14/2017. (rtm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
TORQOISE K. WILLIAMS,
HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-7871 (JBS-AMD)
v.
CAMDEN COUNTY CORRECTIONAL,
OPINION
Defendant.
APPEARANCES:
Torqoise K. Williams, Plaintiff Pro Se
724 Berkley Street
Camden, New Jersey 08101
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Torqoise K. Williams seeks to bring a civil
rights complaint pursuant to the 42 U.S.C. § 1983 against the
Camden County Correctional. Complaint, Docket Entry 1. Based on
Plaintiff’s affidavit of indigency, the Court will grant her
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 she was detained in the Camden County
Correctional Facility (“CCCF”) on the following dates: August 7,
2007; September 25, 2007; May 8, 2008; May 22, 2008; June 29,
2011; and July 8, 2011. Complaint § III. She further alleges that
during these dates she was forced to sleep on the floor on a
“ripped up, torn, bug infested sour mat” due to overcrowding in
the cell. She further alleges that she suffers from
“degenerative disc disease which sleeping on the concrete floor
made it worse.” 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
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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) (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 she
experienced during multiple detentions between 2007 and 2011.
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
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).
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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 states she was detained on various
dates between 2007 and 2011 with the most recent confinement
occurring on July 8, 2011. The allegedly unconstitutional
conditions of confinement at CCCF would have been immediately
apparent to Plaintiff at the time of her detention; therefore,
the statute of limitations for Plaintiff’s claims expired July
8, 2013 at the latest. 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 14, 2017
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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