United States District Court, D. New Jersey
Mae Weirman, Plaintiff Pro Se
B. SIMANDLE U.S. DISTRICT JUDGE
Plaintiff Maria Mae Weirman 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 Entry 1.
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.
the reasons set forth below, the Court will: (1) dismiss the
Complaint with prejudice as to claims made against CCCF; and
(2) dismiss the Complaint without prejudice for failure to
state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
Against CCCF: Dismissed With Prejudice
Plaintiff brings this action pursuant to 42 U.S.C. §
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)).
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)). 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.
Because the Complaint has not sufficiently alleged that a
“person” deprived Plaintiff of a federal right,
the Complaint does not meet the standards necessary to set
forth a prima facie case under § 1983. In the
Complaint, Plaintiff seeks monetary damages from CCCF for
allegedly unconstitutional conditions of confinement. The
CCCF, 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 CCCF must be dismissed with prejudice, the
claims may not proceed and Plaintiff may not name the CCCF as
Plaintiff may be able to amend the Complaint to name a person
or persons who were personally involved in the alleged
unconstitutional conditions of confinement, however. To that
end, the Court shall grant Plaintiff leave to amend the
Complaint within 60 days of the date of this order.
Of Confinement Claims: Dismissed Without
Second, for the reasons set forth below, the Court will
dismiss the Complaint without prejudice for failure to state
a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
to the conditions of confinement claims, the present
Complaint states: “I was locked up in Camden County
Jail and was put on the floor as my bed with only a thin mat
and little blanket I had a blood disorder which causes blood
clots with open ulcers. I was seen daily for wound care and
meds to try and control the problem. Being on such a dirty
floor caused infection and not a proper bed I always had
severe swelling in my leg. The medical staff and guards
everyone in the jail and outside knew I went to the hospital