GONZALWZ v. CAMDEN COUNTY JAIL et al

Filing 2

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/28/2017. (TH, )

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

EDGAR R. GONZALEZ,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 16-8080 (JBS-AMD)

v.
CAMDEN COUNTY JAIL; CAMDEN
COUNTY JAIL OFFICIALS; CAMDEN
COUNTY JAIL WARDENS,

OPINION

Defendants.

APPEARANCES:
Edgar R. Gonzalez, Plaintiff Pro Se
204 Arbor Drive
Duluth, Georgia 08103
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Edgar R. Gonzalez seeks to bring a civil rights
complaint pursuant to the 42 U.S.C. § 1983 against the Camden
County Jail (“CCJ”), Camden County Jail Officials, and Camden
County Jail Wardens. 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 June 22, 2008 and December

2009, he was detained in the Camden County Jail (“CCJ”).
Complaint § III. He alleges that “during my incarceration at the
jail I had/ forced to endure cruel and unusual punishment by
having to sleep and locked in cells that were in unhumane [sic]
conditions.” He further alleges he had to sleep on the floor
near the toilet. 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 CCJ that he
experienced between June 22, 2008 and December 2009. 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

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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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 he was detained between June
22, 2008 and December 2009. The allegedly unconstitutional
conditions of confinement at CCJ would have been immediately
apparent to Plaintiff at the time of his detention; therefore,
the statute of limitations for Plaintiff’s claims expired
December 2011 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 28, 2017
Date

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

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