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Martinez v. Camden County Jail

United States District Court, D. New Jersey

November 28, 2018

LUIS G. MARTINEZ, Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          Luis G. Martinez, Plaintiff Pro Se

          OPINION

          HONORABLE JEROME B. SIMANDLE, DISTRICT JUDGE

         I. INTRODUCTION

         1. Plaintiff Luis G. Martinez seeks to bring a civil rights complaint pursuant to 42 U.S.C. § 1983 against Camden County Jail (“CCJ”) for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1.

         2. Plaintiff seeks to bring this civil action without prepayment of fees or security. Docket Entry 1-1. Based on Plaintiff's affidavit of indigency, the Court will grant his application to proceed in forma pauperis

         3. 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.

         4. For the reasons set forth below, the Court concludes that the Complaint: (a) will be dismissed with prejudice as to claims against CCJ; and (b) will be dismissed without prejudice for failure to state a claim as to alleged unconstitutional conditions of confinement from overcrowding and from restroom conditions. 28 U.S.C. § 1915(e)(2)(b)(ii).

         II. BACKGROUND

         5. 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.

         6. Plaintiff alleges he endured unconstitutional conditions of confinement while he was confined in CCJ. Complaint § III. His Complaint states only: “[T]he water stop[ped] and we had to use the bathroom without being able to flush. [A]ll day was like that and they gave us a mattress with no cushion.” Id. § III(B).

         7. Plaintiff alleges that these events occurred at the “end of May of 2017.” Id. § III(B).

         8. Plaintiff claims he sustained “stomach pains” from the alleged restroom situation and “back pains for sleeping on a mattress with no cushion.” Id. § IV.

         9. Plaintiff seeks $2, 000 “for the pain and suffering [he] went through.” Id. § V (blank).

         III. STANDARD OF REVIEW

         10. Section 1915(e)(2) requires a court to review complaints prior to service of process upon defendants 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 ...


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