United States District Court, D. New Jersey
Giles, Plaintiff Pro Se
B. SIMANDLE U.S. District Judge
Robert Giles seeks to bring a civil rights complaint pursuant
to the 42 U.S.C. § 1983 against C.C.C.F.; Former Warden
Eric Taylor; Former Deputy Warden Frank Leberto; Camden
County Clerk Joseph Rusa; Warden David Owens and Warden Kate
Taylor for allegedly unconstitutional conditions of
confinement. Complaint, Docket Entry 1.
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.
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
alleges he endured unconstitutional conditions of confinement
in CCCF as he was confined in an overcrowded, unsanitary
facility. Complaint ¶ 6. His complaint states: “I
wore a neck/upper back brace for a duration of my [illegible]
year due to thoracic scoliosis. I explained this to medical
staffing and higher authorities in CCCF so sleeping on the
floor with 3 and 4 people in a 2 person cell made it
impossible to position myself correctly for a comfortable
sleep, so I routinely suffered from severe pain in my neck
and upper back. At most times my shoulders and arms even my
finders were numb, I couldn't function physically. Having
to constantly wake up to reposition myself due to the fact
that other inmates had to urinate on defecate and I'm
sleeping with my head rite [sic] next to the toilet bowl.
That is unsanitary and not human. I broke out in multiple
rashes on my face due to the dirty barbering equipment. Also
a fungus on the back of my neck which I was told it was a
dermatitis, impetigo or maybe ringworm. Still till this day I
have a bad rash on the back of my neck right now. I ask for
medical attention and was overcharged of my funds in my
account, due to being on the floor, I've been bit by
insects and had a bad infection on the inside of my thigh.
Suffered from MRSA infections due to bad linen changing and
bad laundry. I also have a hernia from sleeping on the cement
floor. Forced to keep my legs under the bed which is 6”
from the floor. Trying to reposition yourself is a strenuous
task which I discovered from doing so one night and felt
tearing pain from sleeping on the floor I also have cervical
vertebra misalignment and cervical pain through my neck,
upper should and back. The pain is unbearable and not even
the Motrin or Tylenol they gave me here can subside it. Being
in this jail had me infected with the skin termites scabies
from my feet all the way to my head and deep in my scalp. I
have had treatments of [illegible] to rid of those
terminates, all of these things happen to me during
incarceration at CCCF. I followed all the staffs instruction
and still nothing had been done to help. All my medical
conditions are from CCCF.” Id.
states he was detained at CCCF between April 12, 2011 and
December 9, 2011; November 21, 2012 and December 10, 2012;
July 21, 2013 and August 23, 2013; and November 28, 2016 to
present. Complaint ¶ 2.
requests monetary and injunctive relief. Complaint ¶ 6.
STANDARD OF REVIEW
Standards for a Sua Sponte Dismissal
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.
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 ...