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Middleton Dunmore v. Karen Balicki

March 28, 2011

MIDDLETON DUNMORE, PLAINTIFF,
v.
KAREN BALICKI, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Hillman, District Judge

OPINION

Plaintiff, Middleton Dunmore, an inmate incarcerated with the New Jersey Department of Corrections ("NJDOC"), has brought a civil rights suit against Defendant, Sergeant Calvin Ennals, pursuant to 42 U.S.C. § 1983. Ennals moves to dismiss Dunmore's claims or, alternatively, for summary judgment.

For the following reasons, Sergeant Ennals' Motion to Dismiss is denied, without prejudice.

I. JURISDICTION

Plaintiff has brought federal claims pursuant to 42 U.S.C. § 1983. The Court has jurisdiction over Plaintiff's federal claims under 28 U.S.C. § 1331, and may exercise supplemental jurisdiction over any state law claim pursuant to 28 U.S.C. § 1367.

II. BACKGROUND

On November 24, 2006, Dunmore was an inmate at the South Woods State Prison in Bridgeton, New Jersey.*fn1 That morning, Sergeant Ennals and other corrections officers approached Dunmore and told him to lock into his cell. After Dunmore obeyed the instructions, officers kicked at his cell door and told him to show his hands and come out of his cell. The officers then forcefully shoved Dunmore against the wall, kicked his legs, and frisked him, asking about the whereabouts of weapons.

Dunmore was taken to another room. There, Sergeant Ennals slammed Dunmore against a wall and handcuffed him. Officers escorted Dunmore down the stairs, pushing him headlong into each door that they passed. Eventually, Dunmore was left in the prison's barber shop for about an hour and a half. Officers refused to grant him access to the bathroom.

In the prison's medical clinic, Dunmore reported to a nurse that he suffered injuries to his head and face as a result of the officers' excessive force. Before he could receive any treatment, however, Dunmore was ushered out of the clinic and placed in detention.

In or around May 2008, Dunmore filed suit in this Court, alleging violations of his federal constitutional rights by virtue of the use of excessive force employed against him by Sergeant Ennals and other unknown officers and the denial of medical treatment.*fn2 In an Order dated October 21, 2008, the Court dismissed Dunmore's claims against Karen Balicki, a supervisor, and Chrystol Leys, a former corrections officer, but allowed his suit to proceed against Ennals. Dunmore's motion to amend his complaint was denied on July 15, 2009.

On June 10, 2010, Sergeant Ennals moved to dismiss Dunmore's claims or, alternatively, for summary judgment. Ennals' counsel certifies that Dunmore was properly served at his mailing address. Dunmore, nevertheless, has not responded to Ennals' motion.

III. DISCUSSION

A. Standard for Motion to Dismiss

When considering a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all well-pleaded allegations in the complaint as true and view them in the light most favorable to the plaintiff. Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005). It is well settled that a pleading is sufficient if it contains "a ...


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