SAMPSON-BROWN v. CAMDEN COUNTY JAIL
Filing
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OPINION FILED. Signed by Chief Judge Jerome B. Simandle on 5/8/17. (js)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CARMEN SAMPSON-BROWN,
HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-8045(JBS-AMD)
v.
CAMDEN COUNTY JAIL,
OPINION
Defendant.
APPEARANCES:
Carmen Sampson-Brown, Plaintiff Pro Se
4 Winding Way
Southampton, NJ 08088
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Carmen Sampson-Brown seeks to bring a civil
rights Complaint pursuant to 42 U.S.C. § 1983 against Camden
County Jail (“CCJ”) for allegedly unconstitutional conditions of
confinement. Complaint, Docket Entry 1. Based on Plaintiff’s
affidavit of indigency, the Court will grant Plaintiff’s
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, it is clear from the Complaint
that the claim arose more than two years before the Complaint
was filed. It is therefore barred by the two-year statute of
limitations that governs claims of unconstitutional conduct
under 42 U.S.C. § 1983. The Court will therefore dismiss the
Complaint with prejudice for failure to state a claim. 28 U.S.C.
§ 1915(e)(2)(b)(ii).
II.
BACKGROUND
The Complaint alleges that Plaintiff “broke foot getting
off [the] top bunk and was put in medical on floor and was not
x-rayed for approx. 9 days and was made to walk on broken foot”
during Plaintiff’s incarceration during the period “2006 – 07.”
Complaint §§ III(B)-(C) (“I finally was taken to the doctor
around the 21st day and given a bed in medical dept. Resulted in
me having a metal plate put in my foot and was in wheelchair for
9 m[on]ths”). Plaintiff seeks $50,000 in relief. Id. § V.
III. STANDARD OF REVIEW
Section 1915(e)(2) requires a court to review complaints
prior to service of the summons and complaint 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.
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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).
“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)).
IV. DISCUSSION
The Complaint alleges that Plaintiff experienced
unconstitutional conditions of confinement while incarcerated
during “2006 – 07.” Complaint § III(B). Civil rights claims
under § 1983 are governed by New Jersey's limitations period for
personal injury and must be brought within two years of the
claim’s accrual. See Wilson v. Garcia, 471 U.S. 261, 276 (1985);
Dique v. New Jersey State Police, 603 F.3d 181, 185 (3d Cir.
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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) (quoting Kach v. Hose, 589 F.3d
626, 634 (3d Cir. 2009)).
The allegedly unconstitutional conditions of confinement,
namely the alleged inadequate medical care, would have been
immediately apparent to Plaintiff at the time of detention;
therefore, the statute of limitations for Plaintiff’s claims
expired in 2009 at the latest, well before this Complaint was
filed in 2016. Plaintiff has filed this lawsuit too late.
Although the Court may toll, or extend, the statute of
limitations in the interests of justice, certain circumstances
must be present before it can do so. Tolling is not warranted in
this case because the state has not “actively misled” Plaintiff
as to the existence of Plaintiff’s cause of action, there are no
extraordinary circumstances that prevented Plaintiff from filing
the claim, and there is nothing to indicate Plaintiff filed the
claim on time but in the wrong forum. See Omar v. Blackman, 590
F. App’x 162, 166 (3d Cir. 2014).
As it is clear from the face of the Complaint that more
than two years have passed since Plaintiff’s claims accrued, the
Complaint is dismissed with prejudice, meaning Plaintiff may not
file an amended complaint concerning the events of “2006 – 07.”
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Complaint § III(B). 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).
V.
CONCLUSION
For the reasons stated above, the Complaint is dismissed with
prejudice for failure to state a claim. An appropriate order
follows.
May 8, 2017
Date
s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge
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