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David v. Camden County Jail

United States District Court, D. New Jersey

February 3, 2017

DUSTIN D. DAVID, Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          Dustin D. David, Plaintiff Pro Se.

          OPINION

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

         I. INTRODUCTION

         Plaintiff Dustin D. David seeks to bring a civil rights complaint against Camden County Jail (“CCJ”) pursuant to 42 U.S.C. § 1983 for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1.

         28 U.S.C. 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 Section 1915(e)(2)(B) because Plaintiff is proceeding in forma pauperis.

         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's Complaint states: “I was forced to sleep on the floors of this jail due to it being crowded. There were times I had to sleep underneath tables and bunkbeds because the rooms are so small.” Complaint § III(C).

         Plaintiff states that the alleged events giving rise to his claims occurred: “March, April, July 2009[;] September 2012.” Id. § III(B).

         With respect to alleged injuries from these events, Plaintiff states: “None major, but I would wake up with pain in my side and back. I would also get neck cramps from the floor due to not having a pillow to sleep on.” Id. § IV.

         With respect to requested relief, Plaintiff states: “I would just like to recieve [sic] what I deserve. No one should go through jail in those conditions, no matter what you did to get there. From the least to the max amount, I['m] fine with either.” Id. § V.

         III. STANDARD OF REVIEW

         To survive sua sponte screening under 28 U.S.C. § 1915(e)(2) for failure to state a claim, a 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)).

         IV. ...


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