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Bey v. Camden County Correcitonal Facility

United States District Court, D. New Jersey

February 1, 2017

RAVANNA STEPHENS BEY, Plaintiff,
v.
CAMDEN COUNTY CORRECITONAL FACILITY; ET AL., Defendants.

          Ravanna Stephens Bey, Plaintiff Pro Se.

          OPINION

          JEROME B. SIMANDLE Chief U.S. District Judge.

         I. INTRODUCTION

         Plaintiff Ravanna Stephens Bey seeks to bring a civil rights complaint pursuant to the 42 U.S.C. § 1983 against the Camden County Correctional Facility (“CCCF”), Warden David Owens, and Camden County Board of Freeholders. Complaint, Docket Entry 1. Based on Plaintiff's affidavit of indigency, the Court will grant her application to proceed in forma pauperis.

         At this time, the Court must review the complaint, pursuant to 28 U.S.C. § 1915(e)(2) 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 will dismiss the complaint with prejudice for failure to state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).

         II. BACKGROUND

         Plaintiff alleges that during May 2011, she was detained in the Camden County Correctional Facility (“CCCF”) in an overcrowded cell “with 4 inmates in a 2 man cell on floor that's dirty, sleeping next to toilet.” Complaint § III. She further alleges she has been involved in fights from being urinated on while sleeping on the floor near the toilet. She further alleges she was denied basic needs such as being provided toilet paper and cleaning supplies as well as being provided proper food as on two occasions she had to eat spoiled food. She further alleges she was denied proper medical attention for rashes that developed from the conditions in the jail. Id.

         III. STANDARD OF REVIEW

         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 pauperis.

         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) (quoting Iqbal, 556 U.S. at 678). “[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)).

         IV. DISCUSSION

         Plaintiff seeks monetary damages for allegedly unconstitutional conditions of confinement in the CCCF that she experienced during May 2011. Plaintiff's complaint is barred by the statute of limitations, which is governed by New Jersey's two-year limitations period for personal injury.[1] See Wilson v. Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State Police, 603 F.3d 181, 185 (3d Cir. 2010). The accrual date of a § 1983 action is determined by federal law, however. Wallace v. Kato, 549 U.S. 384, 388 (2007); Montanez v. Sec'y Pa. Dep't of Corr., 773 F.3d 472, 480 (3d Cir. 2014).

         “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, 773 F.3d at 480 (internal quotation marks omitted). Plaintiff states she was detained in May 2011. The allegedly unconstitutional conditions of confinement at CCCF would have been immediately apparent to Plaintiff at the time of her detention; therefore, the statute of limitations for Plaintiff's claims expired May 2013 at the latest. As there are no grounds for equitable tolling of the statute of limitations, [2]the complaint will be dismissed with prejudice. Ostuni v. Wa Wa's Mart, 532 F. App'x 110, 112 (3d Cir. 2013) (per curiam) (affirming dismissal with prejudice due to expiration of statute of limitations).

         V. ...


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