BROWN v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 2

OPINION. Signed by Chief Judge Jerome B. Simandle on 4/20/17. (jbk, )

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

JODON LAMAR BROWN,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 16-8630(JBS-AMD)

v.
CAMDEN COUNTY CORRECTIONAL
FACILITY,

OPINION

Defendant.

APPEARANCES:
Jodon Lamar Brown, Plaintiff Pro Se
3 Milstone Court
Sicklerville, NJ 08081

SIMANDLE, Chief District Judge:
INTRODUCTION
Jodon Lamar Brown 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. 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 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
Plaintiff alleges that from January to June 2008, he was

detained in the CCCF. Complaint § III. He further alleges he was
“placed in a cell with more than four people and was forced to
sleep on the floor of the cell.” Id. He further alleges that the
cell was often flooded with water from the toilet. He further
alleges he contracted MRSE from the conditions in the facility,
and was denied medical attention for this condition. Id.
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.
This action is subject to sua sponte screening for dismissal

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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) (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’s complaint alleges that he experienced
unconstitutional conditions of confinement while he was detained
in the CCCF between January and June 2008. 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.
2010). “Under federal law, a cause of action accrues ‘when the
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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 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 in 2010 at the latest, well before
this complaint was filed in 2016. Plaintiff has filed his
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 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).
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 he may not file
an amended complaint concerning the events of January to June
2008. Ostuni v. Wa Wa's Mart, 532 F. App’x 110, 112 (3d Cir.
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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.

April 20, 2017
Date

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

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