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Sepulveda v. Camden County Correctional Facility

United States District Court, D. New Jersey

February 3, 2017

JULIO SEPULVEDA, III, Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL FACILITY, Defendant.

          Julio Sepulveda, III, Plaintiff Pro Se.

          OPINION

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

         1. Plaintiff Julio Sepulveda seeks to bring a civil rights complaint pursuant to 42 U.S.C. § 1983 against the Camden County Correctional Facility (“CCCF”) for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1.

         2. 28 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.

         3. For the reasons set forth below, the Court will: (1) dismiss the Complaint with prejudice as to claims made against CCCF; and (2) dismiss the Complaint without prejudice for failure to state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).

         4. First, the Complaint must be dismissed with prejudice as to claims made against CCCF 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 § 1983).

         5. 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).

         6. The 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.

         7. To survive sua sponte screening for failure to state a claim[1], 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 added).

         8. With respect to alleged facts giving rise to his claims, Plaintiff states: “Due to overcrowding I was forced to sleep on the floor[, ] sometimes next to a toilet where other men urinated and defacated [sic]. Since then I suffer from severe back pain. I had to continue to sleep on the floor even after I complained.” Complaint § III(C).

         9. Plaintiff states that the purported events giving rise to his claims occurred: “01/27/13, 6/5/13, 08/01/13, 9/1/13, 06/9/14, 2/27/15.” Id. § III(B).

         10. Plaintiff contends that his injuries arising from these alleged events are “back problems.” Id. § IV.

         11. Plaintiff seeks $25, 000 in relief. Id. § V.

         12. These claims must be dismissed because the Complaint does not set forth enough factual support for the Court to infer that ...


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