Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Muhammad v. Calabrese

United States District Court, Third Circuit

May 2, 2013

DONALD ABDULLAH MUHAMMAD, Plaintiff,
v.
DR. CALABRESE, et al., Defendants.

Donald Abdullah Muhammad, Pro Se, #15921, Ann Kline Forensic Center, Trenton, NJ.

OPINION

FREDA L. WOLFSON, District Judge.

Plaintiff, Donald Abdullah Muhammad, a pre-trial detainee confined at the Ann Kline Forensic Center in Trenton, New Jersey

seeks to bring this section 1983 action in forma pauperis ("IFP"). Based on his affidavit of indigence, the Court will grant Plaintiff's application to proceed IFP pursuant to 28 U.S.C. § 1915(a) and order the Clerk of the Court to file the Complaint.

The Court must now review the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) 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 concludes that Plaintiff's Complaint should be dismissed.[1]

BACKGROUND

Plaintiff asserts claims against various defendants, who are all employees of the Ann Kline Forensic Center ("Ann Kline") where he is currently detained while he awaits trial.[2] He alleges that he was denied proper medical care in violation of his constitutional rights. In particular, Plaintiff states that on October 28, 2012, he was transferred to Ann Kline for a 30-day evaluation. He further alleges that, while there, "he was subject to prejudice, maltreatment and medical malpractice, improper care, hate crimes, mental anguish and due process of law." (Compl., Stat. of Facts, ECF No. 1-1, p. 2 of 7). In addition, Plaintiff alleges a "failure to doctor duties [sic] and obligations as a professional and legal responsibilities as a doctor - which cause me to suffer from post-traumatic stress as a result of evaluation discrimination and abuse of authority as a professional person[]." ( Id. at p. 3 of 7).

With regard to Defendant Dr. Trivini, Plaintiff alleges that Dr. Trivini refused to give Plaintiff medical care and pain medication for three months, which resulted in Plaintiff suffering severe pain in his legs and feet and prevented him from completing his usual daily duties. ( Id. at p. 4 of 7). With regard to Dr. Ferguson, Plaintiff alleges that the doctor denied Plaintiff "a fair psychiatric evaluation to obtain money under false pretense." ( Id. at p. 5 of 7).

Plaintiff further suggests that the alleged denial of medical treatment was motivated by religious animus. He asserts that he has suffered "barbaric treatment, " at the hands of the defendants, "because of [his] status as a Sunni Muslim in the Islamic faith - Imam." ( Id. at p. 2 of 7).

Plaintiff seeks monetary and other relief, as well as appointment of counsel. (Compl., § 7; Application for Pro Bono Counsel, D.E. 3).

DISCUSSION

1. Standards for a Sua Sponte Dismissal

The Prison Litigation Reform Act, Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996), requires a district court to review a complaint in a civil action in which a prisoner is proceeding in forma pauperis or seeks redress against a governmental employee or entity. The Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, 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. See 28 U.S.C. § 1915(e)(2)(B). This action is subject to sua sponte screening for dismissal under 28 U.S.C. §§ 1915(e)(2)(B) because Plaintiff is proceeding as an indigent.

The Supreme Court refined the standard for summary dismissal of a complaint that fails to state a claim in Ashcroft v. Iqbal, 556 U.S. 662 (2009). Citing its opinion in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) for the proposition that "[a] pleading that offers labels and conclusions' or a formulaic recitation of the elements of a cause of action will not do, '" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555), the Supreme Court held that, to prevent a summary dismissal, a civil complaint must allege "sufficient factual matter" to show that the claim is facially plausible. This then "allows the court to draw ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.