United States District Court, D. New Jersey
Terryle Eddie Ivey, Plaintiff Pro Se.
B. SIMANDLE, U.S. DISTRICT JUDGE
Terryle Eddie Ivey 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
time, the Court must review the complaint, pursuant to 28
U.S.C. § 1915A to determine whether it should be
dismissed as frivolous or malicious, for failure to state a
claim upon which relief may be granted, or because it seeks
monetary relief from a defendant who is immune from such
relief. 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. § 1915A(b)(1).
alleges that he was detained in the CCCF from March 2004 to
April 2005 and May 2009 to May 2010. Complaint § III.
His complaint further states: “I was housed in dirty
overcrowded cells and often had to sleep on a cold, filthy
dirty cell floor. I have to share a cell with (3) other
people and the cell was only suitable for one person.
Sleeping on the floor with the toilet only 2 feet from my
head, in a cramped area often where I also had to eat meals
because of the overcrowded conditions of the jail. This
torture went on for years on end.” Id.
STANDARD OF REVIEW
is a prisoner within the meaning of 28 U.S.C. § 1915A.
28 U.S.C. § 1915A requires courts to review complaints
prior to service in cases in which a plaintiff is a prisoner
seeking relief from a governmental employee or entity. 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. “[T]he legal
standard for dismissing a complaint for failure to state a
claim pursuant to § 1915A is identical to the legal
standard employed in ruling on 12(b)(6) motions.”
Courteau v. United States, 287 F.App'x 159, 162
(3d Cir. 2008) (citing Allah v. Seiverling, 229 F.3d
220, 223 (3d Cir. 2000))."
complaint alleges that he experienced unconstitutional
conditions of confinement while he was detained in the CCCF
from March 2004 to April 2005 as well as from May 2009 to May
2010. Civil rights claims under § 1983 are governed by
New Jersey's limitations period for personal injury and
must be brought within two years of the claim's accrual.
See Wilson v. Garcia, 471 U.S. 261, 276 (1985);
Dique v. New Jersey State Police, 603 F.3d 181, 185
(3d Cir. 2010). “Under federal law, a cause of action
accrues ‘when the plaintiff knew or should have known
of the injury upon which the action is based.'”
Montanez v. Sec'y Pa. Dep't of Corr., 773
F.3d 472, 480 (3d Cir. 2014) (quoting Kach v. Hose,
589 F.3d 626, 634 (3d Cir. 2009)).
allegedly unconstitutional conditions of confinement at CCCF
namely the alleged overcrowding, would have been immediately
apparent to Plaintiff at the time of his detention;
therefore, the statute of limitations for Plaintiff's
claims expired in May 2012 at the latest, well before this
complaint was filed in 2017. Plaintiff has filed his lawsuit
too late. Although the Court may toll, or extend, the statute
of limitations in the interests of justice, certain
circumstances must be present before it can do so. Tolling is
not warranted in this case because the state has not
“actively misled” Plaintiff as to the existence
of his cause of action, there are no extraordinary
circumstances that prevented Plaintiff from filing his claim,
and there is nothing to indicate Plaintiff filed his claim on
time but in the wrong forum. See Omar v. Blackman,
590 F. App'x 162, 166 (3d Cir. 2014).
is clear from the face of the complaint that more than two
years have passed since Plaintiff's claims accrued, the
complaint is dismissed with prejudice, meaning he may not
file an amended complaint concerning the events of March 2004
to April 2005 and May 2009 to May 2010. Ostuni v. Wa
Wa's Mart, 532 F. App'x 110, 112 (3d Cir. ...