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Hicks v. Camden County Jail

United States District Court, D. New Jersey

May 4, 2017

CARL W. HICKS, SR., Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          Carl W. Hicks, Sr. Plaintiff Pro Se

          OPINION

          JEROME B. SIMANDLE, Chief District Judge

         I. INTRODUCTION

         Plaintiff Carl W. Hicks, Sr. seeks to bring a civil rights complaint pursuant to 42 U.S.C. § 1983 for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1. Plaintiff's Complaint names Camden County Jail (“CCJ”) as defendant in the Complaint's caption (id. at 1) along with Camden County Correctional Facility (“CCCF”) as defendant in §§ I(B) and III(A). Id.

         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 it is clear from the complaint that the claim arose more than two years before the complaint was filed. It is therefore barred by the two-year statute of limitations that governs claims of unconstitutional conduct under 42 U.S.C. § 1983. The Court will therefore 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 in its entirety: “I got locked up for poss. COS and I am diabetic. They would not give me my med. so I had a diabetic stroke and had to get rushed to the hospital were [sic] I stayed for a week or two. And then one of the nurses said get him out of here asap. And allso [sic] messed my body up from sleeping on the floor.” Complaint § III(C).

         Plaintiff contends that he suffered the following injuries from these alleged events: “My joints are so bad I have to ware [sic] a backbrace and a knee brace when it get [sic] cold[.] My whole body hurts. Can't play with my grandkids no more [sic].” Id. § IV.

         Plaintiff states that the alleged events giving rise to his claims occurred “2005[, ] 2006.” Id. § III(B).

         With respect to relief that Plaintiff requests as to his claims, he seeks “to get me some compensation for all the lost time. I used to be able to fix cars[.] Not no more [sic] because my back hurts so bad from sleeping on that hard floor in the jail. From the time I came in till [sic] the time I went up stairs [sic] ¶ 7 day lock in I felt like a cage animal. My body is still messed up today.” Id. § V. Plaintiff requests “$20, 000” in damages. Id.

         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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