United States District Court, D. New Jersey
Reese Plaintiff Pro Se
B. SIMANDLE Chief U.S. District Judge
Plaintiff Rashon Reese seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against the
Camden County Jail (“CCJ”) for allegedly
unconstitutional conditions of confinement. Complaint, Docket
U.S.C. § 1915(e)(2) requires courts to review complaints
prior to service in cases in which a plaintiff is proceeding
in forma pauperis. Courts 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.
the reasons set forth below, the Court will: (1) dismiss the
Complaint with prejudice as to claims made against CCJ; and
(2) dismiss the Complaint without prejudice for failure to
state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
First, the Complaint must be dismissed with prejudice as to
claims made against the CCJ because defendant is not a
“state actor” within the meaning of § 1983.
See Crawford v. McMillian, No. 16-3412, 2016 WL
6134846, at *2 (3d Cir. Oct. 21, 2016) (“[T]he prison
is not an entity subject to suit under 42 U.S.C. §
1983.”) (citing Fischer v. Cahill, 474 F.2d
991, 992 (3d Cir. 1973)); Grabow v. Southern State Corr.
Facility, 726 F.Supp. 537, 538-39 (D.N.J. 1989)
(correctional facility is not a “person” under
Second, for the reasons set forth below, the Court will
dismiss the Complaint without prejudice for failure to state
a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
present Complaint does not allege sufficient facts to support
a reasonable inference that a constitutional violation has
occurred in order to survive this Court's review under
§ 1915. Even accepting the statements in Plaintiff's
Complaint as true for screening purposes only, there is not
enough factual support for the Court to infer a
constitutional violation has occurred.
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).
“[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)). Moreover, while pro se pleadings are
liberally construed, “pro se litigants still
must allege sufficient facts in their complaints to support a
claim.” Mala v. Crown Bay Marina, Inc., 704
F.3d 239, 245 (3d Cir. 2013) (citation omitted) (emphasis
respect to alleged facts giving rise to his claims,
Plaintiff's Complaint states: “I was packed in a
two man cell with four other men. I was on the floor by the
toilet. Other inmates stepped on me and flushed toilet water
on me for lack of space. I layed [sic] in other
inmates['] urine. I hit my head many times on chair
connected to desk.” Complaint § III(C).
Plaintiff states that the purported events giving rise to his
claims occurred: “4/2005, 7/2007, 9/2011,
4/2016.” Id. § III(B).
With respect to alleged injuries from the event(s) giving
rise to claims made in his Complaint, Plaintiff states:
“Head, neck & back injuries. Because of me sleeping
on the floor in the county jail, my back hurts until this
present time.” Id. § IV.
Plaintiff seeks damages for “pain & suffering along
with monetary reward for civil rights violation of having 4
men packed in a 2 man cell. The conditions I had to endure
were unfit for animals. I am seeking the maximum amount of
damages that they are giving out.” Id. §
These claims must be dismissed because the Complaint does not
set forth enough factual support for the Court to infer that