United States District Court, D. New Jersey
HONORABLE TONIANNE J. BONGIOVANNI UNITED STATES MAGISTRATE
matter comes before the Court upon Plaintiff, Justice
Rasideen Allah's (“Plaintiff”) motion to file
an amended complaint against Defendants Greg Bartkowski,
Michele R. Ricci, Christopher Holmes, William Moliens, James
[Jimmy] Barnes, Crystal Ann Raupp, Dr. Flora Defilippo, Mr.
Zell, Thomas Steckel, Hatima Ismail, Ruben Ortiz, Captain B.
Kennedy and Lieutenant Alaimo, (collectively,
“Defendants”) (Docket Entry No. 110). Defendants
have not filed an opposition to Plaintiff's motion. The
Court has fully reviewed and considered all arguments made in
support of, and in opposition to, Plaintiff's motion. The
Court considers Plaintiff's motion without oral argument
pursuant to L.Civ.R. 78.1(b). For the reasons set forth more
fully below, Plaintiff's motion to file an amended
complaint is GRANTED.
Background and Procedural History
2, 2011, Plaintiff filed a complaint against Defendants
alleging violations of the Eight Amendment and the due
process clause of the Fourteenth Amendment due to his
placement in the Management Control Unit (“MCU”)
of the New Jersey State Prison. (Docket Entry No. 1). Upon
its sua sponte screening of the Complaint pursuant
to 28 U.S.C. §1915(e)(2), the District Court dismissed
all claims finding that Plaintiff failed to state a claim
upon which relief could be granted. (Docket Entry No. 8).
Plaintiff filed a motion for reconsideration (Docket Entry
No. 10) which was denied (Docket Entry No. 13). Plaintiff
appealed (Docket Entry No. 15) and the Third Circuit vacated
the dismissal and remanded the case (Docket Entry No. 20).
Defendants then filed two motions to dismiss (Docket Entry
Nos. 81 and 83). Plaintiff's counsel filed his notice of
appearance on October 16, 2015 (Docket Entry No. 84) and
filed opposition to the motions to dismiss on November 2,
2015 (Docket Entry No. 86). The District Court denied both
motions to dismiss on April 21, 2016. (Docket Entry Nos. 92
and 93). Defendants then filed answers on May 20, 2016 and
May 23, 2016. (Docket Entry Nos. 97 and 98). The Court
entered a scheduling order on July 13, 2016 setting a fact
discovery end date of January 31, 2017. (Docket Entry No.
102). Plaintiff filed the instant motion on February 15,
Plaintiff's Motion to Amend
seeks to amend his complaint to:
1) Add ten additional Defendants “who significantly
contributed to the enactment and enforcement of policies and
practices that have caused Plaintiff and similarly situated
prisoners considerable suffering”;
2) Add information regarding international standards of
cruel, inhuman and degrading treatment with respect to
3) Add further elaborations about Defendants' willful
ignorance or deliberate indifference toward Plaintiff and
similarly situated victims in the MCU;
4) Reorganize the original complaint “with much of the
same language for clarity's sake”; and
5) Supplement the original complaint by adding information
regarding events post the 2011 pro se filing by Plaintiff.
Pl.'s Br. in Supp. of Mot. at 2.
notes that he does not seek to add any new legal theories.
Id. The ten additional Defendants that Plaintiff
seeks to add are Chris Christie-the Governor of New
Jersey, Gary Lanigan-Commissioner of the New
Jersey Department of Corrections, Steven
Johnson-Administrator of New Jersey State Prison
(“NJSP”), Warren-Administrator of NJSP from 2011
to 2013, Stephen D'Ilio-Administrator of NJSP from 2013
to 2015, Norris-Director of Operations and MCURC
Chairperson at NJSP from 2014 to 2016, Melinda Haley-Special
Legal Advisor at the Office of Legal and Regulatory Affairs,
T. Maines-Assistant Superintendent and/or Associate
Administrator of NJSP from 2014 to present, George
Robinson-Assistant Superintendent and/or Associate
Administrator at NJSP from 2013 to 2016, Lieutenant Major
Ptaszenski-Custody Supervisor and Member of the MCU Review
Committee from 2014 to the present.