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Rosa v. Camden County Correctional Facility

United States District Court, D. New Jersey

April 17, 2018

VALPA C. ROSA, JR., Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL FACILITY, Defendant.

          VALPA C. ROSA, JR., PLAINTIFF PRO SE

          OPINION

          JEROME B. SIMANDLE U.S. DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff Valpa C. Rosa seeks to bring a civil rights complaint pursuant to 42 U.S.C. § 1983 against Camden County Correctional Facility (“CCCF”) 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 § III(B). Plaintiff complains of “inhumane situations sleeping on dirty floors very close to inmates . . . Of course the rooms were nasty[, ] full past the capacity. Stink.” Id. (referred to as “Overcrowding Claim”).

         Plaintiff states that the alleged overcrowding “aggravated my back [and] left side hip” and gave him “sciatic nerve damage.” Id. § IV. The Complaint alleges that Plaintiff “repeatedly told [CCCF correctional] officers of my medical situation (TB) of the spine degenerative bone disease very painful a delicate issue and other combat related injuries 2 times from Iraq. Officers just pushed me in, slammed the door [and] didn't pay any attention to my statements.” Id. § III(C) (referred to as “Excessive Force Claim”).

         In addition to identifying CCCF as a defendant in this case (id. page 1), the Complaint lists the following “Camden County Correctional officer[s]”: “Officer Bradley, Officer Vineer, Officer Carmichael, [and] Officer Connely” (collectively referred to as “the Individual Defendants”). Id. § I(B).

         Plaintiff states he was detained at CCCF “in 2012 to 2014.” Id. § III(B).

         Plaintiff requests “$11, 000 pain & suffering.” Id. § V.

         III. STANDARD OF REVIEW

         A. Standards for a ...


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