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Giles v. C.C.C.F.

United States District Court, D. New Jersey

October 22, 2017

ROBERT GILES, Plaintiff,
v.
C.C.C.F.; FORMER WARDEN ERIC TAYLOR; FORMER DEPUTY WARDEN FRANK LEBERTO; CAMDEN COUNTY CLERK JOSEPH RUSA; WARDEN DAVID OWENS; WARDEN KATE TAYLOR, Defendants.

          Robert Giles, Plaintiff Pro Se

          OPINION

          JEROME B. SIMANDLE U.S. District Judge

         I. INTRODUCTION

         Plaintiff 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.

         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 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.

         Plaintiff 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.

         Plaintiff requests monetary and injunctive relief. Complaint ¶ 6.

         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 ...


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