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Wallace v. Camden County Jail

United States District Court, D. New Jersey

October 19, 2017

MAURICE WALLACE, Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          Maurice Wallace, Plaintiff Pro Se.

          OPINION

          HONORABLE JEROME B. SIMANDLE, JUDGE.

         I. INTRODUCTION

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

         At this time, the Court must review the complaint 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, the Court concludes that the complaint will proceed in part.

         II. BACKGROUND

         The following factual allegations are taken from the complaint and are accepted for purposes of this screening only. The Court has made no findings as to the truth of Plaintiff's allegations.

         Plaintiff alleges he endured unconstitutional conditions of confinement in CCJ as he was confined in an overcrowded, unsanitary facility. Complaint § III. His complaint states: “I got stripped searched, and I was on the floor for seven days in lock up and on the floor for 47 days in 3 North D, and when I was in seven day lock up I caught a boil on my back and found out ti was MURSA [sic]. No one did nothing, I told the sargent [sic] and the nurse and they did nothing about it, just told me to drop a slip, I did and nothing so I stayed in pain.” Id. He further alleges “when I caught MURSA [sic] and the boil I was in pain, I got no medical treatment from no one in the jail, just rude statements, like your [sic] in jail or drop a slip, I felt violated when I was striped search for no reason.” Id. §IV. He seeks relief in the form of monetary compensation of “five to ten thousand dollar that's more then fair.” Id. § V.

         III. STANDARD OF REVIEW

         A. Standards for a Sua Sponte Dismissal

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

         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) (quoting Iqbal, 556 U.S. at 678). “[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)).

         B. Section 1983 Actions

         A plaintiff may have a cause of action under 42 U.S.C. § 1983 for certain violations of his constitutional rights. ...


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