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Pritchett v. Camden County Jail

United States District Court, D. New Jersey

May 31, 2017

JOHN PRITCHETT, Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          John Pritchett, Plaintiff Pro Se

          OPINION

          JEROME B. SIMANDLE Chief U.S. District Judge

         1. Plaintiff John Pritchett 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 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 dismiss the Complaint with prejudice in part and dismiss without prejudice in part. The Complaint: (a) is dismissed with prejudice as to claims made against defendant CCJ, (b) is dismissed without prejudice for failure to state a claim regarding false arrest / false imprisonment claims, and (c) is dismissed without prejudice for failure to state a claim regarding conditions of confinement claims for alleged overcrowding. 28 U.S.C. § 1915(e)(2)(b)(ii).

         Standard of Review

         4. To 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 added).

         Claims Against CCJ: Dismissed With Prejudice

         5. Plaintiff brings this action pursuant to 42 U.S.C. § 1983[1] for alleged violations of Plaintiff's constitutional rights. In order to set forth a prima facie case under § 1983, a plaintiff must show: “(1) a person deprived him of a federal right; and (2) the person who deprived him of that right acted under color of state or territorial law.” Groman v. Twp. of Manalapan, 47 F.3d 628, 633 (3d Cir. 1995) (citing Gomez v. Toledo, 446 U.S. 635, 640 (1980)).

         6. Generally, for purposes of actions under § 1983, “[t]he term ‘persons' includes local and state officers acting under color of state law.” Carver v. Foerster, 102 F.3d 96, 99 (3d Cir. 1996) (citing Hafer v. Melo, 502 U.S. 21 (1991)).[2] To say that a person was “acting under color of state law” means that the defendant in a § 1983 action “exercised power [that the defendant] possessed by virtue of state law and made possible only because the wrongdoer [was] clothed with the authority of state law.” West v. Atkins, 487 U.S. 42, 49 (1988) (citation omitted). Generally, then, “a public employee acts under color of state law while acting in his official capacity or while exercising his responsibilities pursuant to state law.” Id. at 50.

         7. In the Complaint, Plaintiff seeks monetary damages from CCJ for allegedly unconstitutional conditions of confinement. The CCJ, however, is not a “person” within the meaning of § 1983; therefore, the claims against it must be dismissed with prejudice. See Crawford v. McMillian, 660 F. App'x 113, 116 (3d Cir. 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). Given that the claims against the CCJ must be dismissed with prejudice, the claims may not proceed and Plaintiff may not name the CCJ as a defendant.

         False Arrest/ False Imprisonment Claims: Dismissed Without Prejudice

         8. The Complaint must be dismissed without prejudice for failure to state of claim regarding false arrest/ false imprisonment claims.

         9. With respect to the false arrest/ false imprisonment claims, Plaintiff states, “I was taken in for questioning and was never let out on something someone else did.” Complaint § III. Further, ...


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