United States District Court, D. New Jersey
RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE.
matter comes before the Court upon Plaintiff's submission
of a prisoner civil rights complaint (Compl., ECF No. 1), and
an application to proceed in forma pauperis (ECF No.
1-2.) Plaintiff is confined in Talbot Hall in Kearny, New
Jersey. (Id., ECF No. 1 at 3.)
has established his inability to pay the filing fee, and his
IFP application will be granted pursuant to 28 U.S.C. §
SCREENING PURSUANT TO 28 U.S.C. § 1915(e)(2)(B) and
Plaintiff pays the filing fee or is granted in forma
pauperis status, the Court is required to review a
prisoner's civil rights complaint under 28 U.S.C. §
1915(e)(2)(B) and § 1915A. The Court must dismiss any
claims that are: (1) frivolous or malicious; (2) fail to
state a claim on which relief may be granted; or (3) seek
monetary relief against a defendant who is immune from such
relief. 28 U.S.C. § 1915(e)(2)(B); 28 U.S.C. §
The Complaint Plaintiff alleges the following in the
Statement of Claims section of his Complaint:
I was call by Watson and one other Talbot Hall Staffs to give
a urine. Once I was down stair with the two I was given a cup
and was told to drop my pant and underwear and turn around
with my butt facing the two staffs and urine in the cup.
(Compl., ECF No. 1, ¶6.) Plaintiff alleged his
constitutional rights were violated, but he did not identify
the right. (Id., ¶5.) The Court assumes
Plaintiff intended to raise a Fourth Amendment claim for
unreasonable search and seizure.
Standard of Review
pleading must contain a “short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). “To survive a
motion to dismiss, a complaint must contain sufficient
factual matter, accepted as true, to ‘state a claim to
relief that is plausible on its face.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
(2007)). “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.” Id. (quoting
Twombly, 550 U.S. at 556.)
court must accept as true all of the allegations contained in
a complaint.” Id. A court need not accept
legal conclusions as true. Id. Legal conclusions,
together with threadbare recitals of the elements of a cause
of action, do not suffice to state a claim. Id.
Thus, “a court considering a motion to dismiss can
choose to begin by identifying pleadings that, because they
are no more than conclusions, are not entitled to the
assumption of truth.” Id. at 679. “While
legal conclusions can provide the framework of a complaint,
they must be supported by factual allegations.”
Id. If a complaint can be remedied by an amendment,
a district court may not dismiss the complaint with
prejudice, but must permit the amendment. Grayson v.
Mayview State Hospital, 293 F.3d 103, 108 (3d Cir.
is confined in Talbot Hall, a halfway house. Halfway houses
are institutional confinement similar to prison. Asquith
v. Dept. of Corr., 186 F.3d 407, 411 (3d Cir. 1999). The
Fourth Amendment proscription against unreasonable search and
seizure applies to bodily searches in prison. Parkell v.
Danburg, 833 F.3d 313, 325 (3d Cir. 2016). The contours
of a prisoner's Fourth Amendment rights are very narrow.
Id. at 326. Courts must balance “̔the
need for the particular search against the invasion of
personal rights that the search entails.'”
Id. (quoting Bell v. Wolfish, 441 U.S. 520,
559 (1979). “Courts must consider the scope of the
particular intrusion, the manner in which it is conducted,
the justification for initiating it, and the place in which
it is conducted.” Id. A prisoner search policy