CARRASQUILLO v. TAYLOR et al
OPINION. Signed by Judge Jerome B. Simandle on 6/8/17. (jbk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HONORABLE JEROME B. SIMANDLE
SCO. TAYLOR; CAMDEN COUNTY
No. 17-cv-00547 (JBS-AMD)
Edgar Carrasquillo, Plaintiff Pro Se
South Woods State Prison
215 South Burlington Road
Camden, NJ 08302
SIMANDLE, District Judge:
Plaintiff Edgar Carrasquillo seeks to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 against Sco.
Taylor and the Camden County Jail (“CCJ”). Complaint, Docket
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
For the reasons set forth below, the Court will
dismiss the complaint with prejudice as to defendant Camden
County Jail and will dismiss the remainder of the complaint
without prejudice for failure to state a claim. 28 U.S.C. §
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)).
Plaintiff brings this action pursuant to 42 U.S.C.
§ 19831 for alleged violations of Plaintiff’s constitutional
Section 1983 provides: “Every person who, under color of any
statute, ordinance, regulation, custom, or usage, of any State .
rights. In order to set forth a prima facie case under § 1983, a
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)).
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
. . 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 “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,
exercising his responsibilities pursuant to state law.” Id.
Plaintiff alleges he experienced unconstitutional
conditions of confinement while detained at the CCJ. Complaint §
III. The fact section of the complaint states: “I was to sleep
on the floors of a two man cell, because the jail would
overcrowd the cells to 4 to 5 people at one time. Cells are
never cleaned. Plus I have plates and screws in my right hip
which caused nothing but pain when I was sleeping on the
floors.” 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.
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 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.
Moreover, Plaintiff has not sufficiently alleged that
a “person” deprived him a federal right. First, Plaintiff seeks
monetary damages from CCJ for allegedly unconstitutional
conditions of confinement. The CCJ, 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 CCJ must be dismissed with prejudice, the claims may
not proceed and Plaintiff may not name the CCJ as a defendant.
Plaintiff also named Sco. Taylor as a defendant in the
complaint. Though Plaintiff does not state specific allegations
regarding the actions or inactions of Sco. Taylor, Plaintiff has
alleged that “the county jail, the officers and warden
overcrowded the cells to where 4 to 5 people slept in a two man
cell.” As discussed above, however, Plaintiff has not alleged
facts supporting an inference that any constitutional violation
has occurred. Even liberally construing Plaintiff’s pro se
complaint, the claims against Sco. Taylor cannot proceed at this
Moreover, to the extent the complaint seeks relief for
conditions Plaintiff encountered during periods of confinement
ending prior to January 27, 2015, 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.3 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).
Plaintiff alleges the events giving rise to his claims
occurred during October to November 2013 and August 2014 to
November 2015. Complaint § III. The 2013 incarceration occurred
Plaintiff filed this complaint on January 27, 2017.
more than two years prior to the filing of Plaintiff’s
complaint. The allegedly unconstitutional conditions of
confinement at CCJ, namely the overcrowding, would have been
immediately apparent to Plaintiff at the time of his detention;
therefore, the statute of limitations for Plaintiff’s claims
arising from his incarceration of October to November 2013
expired well before this complaint was filed in 2017. Plaintiff
therefore cannot recover for these claims.4
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.
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
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).
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.5 Id.
For the reasons stated above, the claims against the
CCJ are dismissed with prejudice. The claims arising from
Plaintiff’s October to November 2013 confinement is barred by
the statute of limitations and therefore are also 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.
An appropriate order follows.
June 8, 2017
s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge
The amended complaint shall be subject to screening prior to
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