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Davis v. Brocado

United States District Court, D. New Jersey

April 22, 2014

REGINAL LEE DAVIS, Plaintiff,
v.
DR. PETER BROCADO, et al. Defendants.

OPINION

ROBERT B. KUGLER, District Judge.

I. INTRODUCTION

Plaintiff is incarcerated at the Camden County Correctional Facility in Camden, New Jersey. He is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. ยง 1983. Previously, the Court administratively terminated this action as plaintiff's application to proceed in forma pauperis was incomplete. Plaintiff has now filed a new application to proceed in forma pauperis. Accordingly, the Clerk will be ordered to reopen this case. Plaintiff's application to proceed in forma pauperis will be granted based on the information provided therein.

At this time, the Court must review the complaint 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 suit. For the following reasons, the complaint will be dismissed. However, plaintiff shall be given leave to file an amended complaint.

II. BACKGROUND

The allegations of the complaint will be construed as true for purposes of this screening. Plaintiff alleges that Peter Brocado is the Mental Health Psychiatrist at the Camden County Correctional Facility. Dr. Brocado purportedly forcefully medicated plaintiff against his will even though plaintiff had signed a refusal to medicate form. Dr. Brocado apparently ordered this without being present to assess plaintiff's condition. Plaintiff also alleges that the Medical Department of New Jersey played a role in this through the utilization of psychotropic drugs that impaired him mentally.

Thomas Brown is an Assignment Judge who purportedly sent plaintiff to prison without a factual basis for resisting arrest to protect Roderick T. Baltimore.

John T. McNeil is purportedly liable based on a false imprisonment theory.

The Public Defender's Office is purportedly liable from 1992 until the present due to a conflict of interest and false imprisonment.

The "Prosecutor's Office" is purportedly is liable for violating the "RPC."

In a letter received by the Court after plaintiff submitted his complaint ( see Dkt. No. 4.), he also seeks to add to his complaint issues against defendant Christopher Cunningham and Christopher Fosler. Cunningham allegedly works in the mental health department at the Camden County Correctional Facility. Cunningham purportedly used duress to make plaintiff take medication as well as prevented him from seeing a psychiatrist on June 19, 2013.

Defendant Fosler is a commanding officer at the Camden County Correctional Facility. He purportedly violated plaintiff's rights by preventing him from receiving mental medical treatment as well as denied him access to the law library.

Plaintiff asserts that he is entitled to $999.99 in his ...


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