United States District Court, D. New Jersey
Joseph Groover, Plaintiff Pro Se
B. SIMANDLE U.S. District Judge
Plaintiff Steven Joseph Groover seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against Camden
County Correctional Facility (“CCCF”), Officer
Stephen Pratt (“Pratt”), Officer Bryan Conway
(“Conway”), Officer John Krimmel
(“Krimmel”), and Sgt. David Dolson
(“Dolson”) (Pratt, Conway, Krimmel, and Dolson
are referred to collectively in this Opinion as the
“Individual Defendants”) for allegedly
unconstitutional conditions of confinement. (Complaint,
Docket Entry 1.)
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.
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 or merits of any
of Plaintiff's allegations in the Complaint.
Plaintiff alleges he endured unconstitutional conditions of
confinement in CCCF due to an overcrowded and unsanitary
facility where he was denied medical care. (Complaint §
III(C) (“I was forced to sleep on the floor in a jail
cell with 3 other inmates. During that time I had to be
treated in the medical dept. for a staff [sic] infection or
MRSA due to having to live in unsanitary conditions and
overcrowded jail cells being a health hazard”).)
Plaintiff alleges that these events occurred during
“1-3-14 until 5-17-14[, ] 9-23-15 until 11-7-15[, ]
2-8-16 until 2-18-16[, ] 8-8-16 until 10-12-16[, ] [and]
7-20-13 until 10-20-13.” (Id. § III(B).)
Plaintiff alleges that he developed MRSA from the CCCF
housing conditions of which he complains. (Id.
Plaintiff “would like the court to step in and make
changes so that other inmates do not have to live under the
same conditions that I did” and “would like the
court to award me the maximum monetary compensation that is
allowed by law.” (Id. § V.)
STANDARD OF REVIEW
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
survive sua sponte screening,  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).
While pro se pleadings are liberally construed,
“pro se litigants still must allege sufficient
facts in their complaints to support a claim.” Mala
v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir.
2013) (citation omitted).
Claims Against CCCF: Dismissed With
Plaintiff brings this action pursuant to 42 U.S.C. §
for alleged violations of Plaintiff's constitutional
rights. To state a claim for relief under § 1983, a
plaintiff must allege: (a) the violation of a right secured
by the Constitution or laws of the United States; and (b)
that the alleged deprivation was committed or caused by a
person acting under color of state law. West v.
Atkins, 487 U.S. 42, 48 (1988); Malleus v.
George, 641 F.3d 560, 563 (3d Cir. 2011).
CCCF, who is the Complaint's named defendant, is not a
“person” within the meaning of § 1983.
See Will v. MichiganDep't of State
Police, 491 U.S. 58, 71 (1989); Crawford v.
McMillian, 660 Fed.Appx. 113, 116 (3d Cir. 2016)
(“[T]he prison is not an entity subject to suit under
42 U.S.C. § 1983”); Grabow v. Southern State
Corr. Facility, 726 ...