MURRAY v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 4/17/2017. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

JOHN MURRAY,
Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL
FACILITY,

Civil Action
No. 16-cv-08161 (JBS-AMD)
OPINION

Defendant.
APPEARANCES:
John Murray, Plaintiff Pro Se
310 Hazel Ave.
Berlin, NJ 08091
SIMANDLE, Chief District Judge:
1.

Plaintiff John Murray seeks to bring a civil rights

complaint pursuant to 42 U.S.C. § 1983 against the Camden County
Correctional Facility (“CCCF”). Complaint, Docket Entry 1.
2.

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.

3.

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).
4.

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)).
5.

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

1

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.
2

plaintiff must show: “(1) a person deprived him of a federal
right; and (2) the person who deprived him 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)).
6.

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.
at 50.
7.

Because Plaintiff has not sufficiently alleged that a

“person” deprived him of a federal right, the complaint does not

2

“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,
690-91 (1978).
3

meet the standards necessary to set forth a prima facie case
under § 1983. Plaintiff presumably seeks monetary damages3 from
CCCF for allegedly unconstitutional conditions of confinement.
The CCCF, 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 CCCF must be
dismissed with prejudice, the claims may not proceed and
Plaintiff may not name the CCCF as a defendant.
8.

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.
9.

Plaintiff is advised that the amended complaint must

plead sufficient facts to support a reasonable inference that a
constitutional violation has occurred in order to survive this
Court’s review under § 1915. Plaintiff alleges he experienced
unconstitutional conditions of confinement from October to

3

Plaintiff has not stated any requested relief in the complaint,
and, in fact, simply states “No” in the requested relief section
of the complaint. Complaint § V.
4

December 2013 and again in 2015. Complaint § III. The fact
section of the complaint states: “2013 offensive was domestic
violence and I slept on the floor the whole time. The 2015
offensive was riding my bike with no light and going the wrong
way down the street. I also slept on the floor and I have a rod
in my left leg. I am disabled. 2001 I was on the floor for 3
month . . . and 2006 I was on the floor for 2 month.” Id. Even
accepting these statements as true for screening purposes only,
there is not enough factual support for the Court to infer a
constitutional violation has occurred.
10.

Plaintiff alleges he slept on the floor, presumably

because no open beds were available. The mere fact that an
individual is lodged temporarily in a cell with more persons
than its intended design does not rise to the level of a
constitutional violation. See Rhodes v. Chapman, 452 U.S. 337,
348–50 (1981) (holding double-celling by itself did not violate
Eighth Amendment); Carson v. Mulvihill, 488 F. App'x 554, 560
(3d Cir. 2012) (“[M]ere double-bunking does not constitute
punishment, because there is no ‘one man, one cell principle
lurking in the Due Process Clause of the Fifth Amendment.’”
(quoting Bell v. Wolfish, 441 U.S. 520, 542 (1979))). More is
needed to demonstrate that such crowded conditions, for a
pretrial detainee, shocks the conscience and thus violates due
process rights. See Hubbard v. Taylor, 538 F.3d 229, 233 (3d
5

Cir. 2008) (noting due process analysis requires courts to
consider whether the totality of the conditions “cause[s]
inmates to endure such genuine privations and hardship over an
extended period of time, that the adverse conditions become
excessive in relation to the purposes assigned to them.”). Some
relevant factors are the dates and length of the confinement(s),
whether Plaintiff was a pretrial detainee or convicted prisoner,
etc.
11.

Moreover, to the extent the complaint seeks relief for

conditions Plaintiff encountered during confinements ending
prior to November 2, 2014, those claims are barred by the
statute of limitations and must be dismissed with prejudice,
meaning that Plaintiff cannot recover for those claims because
they have been brought too late.4 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. N.J. State Police, 603 F.3d 181, 185 (3d Cir. 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).

4

Plaintiff filed his complaint on November 2, 2016.
6

12.

Plaintiff alleges the events giving rise to his claims

occurred from October to December 2013 and again in 2015.
Complaint § III. He further alleges that he slept on the floor
in 2001 and 2006. Id. The allegedly unconstitutional conditions
of confinement at CCCF, namely the overcrowding, would have been
immediately apparent to Plaintiff at the time of his detention;
therefore, the statute of limitations for Plaintiff’s 2001,
2006, and 2013 claims expired in 2003, 2008, and 2015,
respectively, well before this complaint was filed in 2016.
Plaintiff therefore cannot recover for these claims.5
13.

As Plaintiff may be able to amend his complaint to

address the deficiencies noted by the Court, the Court shall
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order. However, in the event Plaintiff does
elect to file an amended complaint, he should focus only on the
facts of his 2015 confinement. Because Plaintiff filed his
complaint on November 2, 2016, claims arising from confinements
ending prior to November 2, 2014, including Plaintiff’s 2001,

5

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 his cause of action, there are no
extraordinary circumstances that prevented Plaintiff from filing
his claim, and there is nothing to indicate Plaintiff filed his
claim on time but in the wrong forum. See Omar v. Blackman, 590
F. App’x 162, 166 (3d Cir. 2014).
7

2006, and 2013 confinements, are barred by the statute of
limitations and must be dismissed with prejudice, meaning that
Plaintiff may not assert these claims in the amended complaint.
14.

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.6 Id.
15.

For the reasons stated above, the claims arising from

Plaintiff’s confinements in 2001, 2006, and 2013 are barred by
the statute of limitations and therefore are dismissed with
prejudice. The remainder of the complaint is dismissed without
prejudice for failure to state a claim. The Court will reopen
the matter in the event Plaintiff files an amended complaint
within the time allotted by the Court.

6

The amended complaint shall be subject to screening prior to
service.
8

16.

An appropriate order follows.

April 17, 2017
Date

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

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