United States District Court, D. New Jersey
Narayan Alexander, No. 980648-B Mid-State Correctional
Facility Plaintiff Pro se
L. HILLMAN, U.S.D.J.
Narayan Alexander, a prisoner presently incarcerated at
Mid-State Correctional Facility in Wrightstown, New Jersey,
seeks to bring a civil rights complaint pursuant to 42 U.S.C.
§ 1983, against the Atlantic City Police Department, the
Pleasantville Police Department, the Mullica Township Police
Department, Chief Sean Riggins, and the Chief of Police of
the Atlantic City Police Department.
time, the Court must review the Complaint, pursuant to 28
U.S.C. §§ 1915(e)(2) and 1915A 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 will
dismiss the Complaint without prejudice for failure to state
a claim, with leave to amend. 28 U.S.C. §§
1915(e)(2)(b)(ii) and 1915A(b)(1).
alleges that on November 21, 2013, he was driving in Mullica
Township when a police officer drove past him and looked at
him in the face, “eye to eye with hatred.” ECF
No. 1 at 6. The police officer then turned around and pulled
him over. Id. The police officer asked Plaintiff
various questions including where he was coming from, where
he was going, why he was in this particular neighborhood,
etc. Id. Plaintiff alleges that he answered all of
the police officer's questions to the best of his
ability, when the police officer asked him to remove his keys
from the ignition of the car. Id. The police officer
then took the keys and placed them on the roof of the car and
informed Plaintiff that he would conduct a search of the car
because he smelled marijuana. Id. Plaintiff then
heard the police officer broadcast over the radio that
“we got one in our neck of the woods.”
panicked because he felt his life was in danger and also
because the police officer “looked like the police
officer from Egg Harbor City who was having an affair with
[his] wife Mrs. Ebony Alexander.” Id. The
police officer from Egg Harbor City apparently “swore
to get [Plaintiff] off the streets so he can be with
[Plaintiff's] wife. Id. Thus, Plaintiff tried to
start his car, at which point the police officer punched him
in the face, pulled out his gun, and stated that he was going
to blow off Plaintiff's head. Id. Plaintiff
still tried to start his car, so the police officer holstered
his gun and resumed punching Plaintiff. Id.
Plaintiff feared for his life, so he drove off, at which
point the police officer began shooting at him. Id.
Plaintiff was hit in the back by a gunshot. Id. at
then drove to a friend's house, parked, and ran into the
woods, where he passed out for hours, perhaps due to blood
loss. Id. He woke up to his telephone ringing.
Id. It was a detective asking him to give up and go
to the hospital. Id. Plaintiff told the detective
that he was afraid for his life. Id. Although not
alleged in the Complaint, at some point, Plaintiff must have
surrendered because he was sentenced in state court on
September 15, 2017. Id. Plaintiff alleges that he
now has post-traumatic stress disorder and that he feels pain
in his back, especially upon waking up in the morning and on
cold days. Id.
also alleges that on February 29, 2016, he was the victim of
the use of unlawful excessive force by John Does 1 through
10. Id. It is unclear from the Complaint whether
this separate instance is related to or arising out of the
incident in Mullica Township. Id. He states that in
February 2016, while he was taken into custody by members of
the Atlantic County Task Force, the Atlantic County Police
Department, and the Pleasantville Police Department, he was
mistreated while handcuffed resulting in broken ribs.
Id. at 7-8. Then, while Plaintiff was being
transported to the Atlantic County Jail, Defendants John Does
3 and 4 had to pull over to wait for an ambulance because
Plaintiff could not breath. Id. at 8. At the
hospital, however Defendants John Does 3, 4, 5, and 6 stated
that there was nothing wrong with Plaintiff. Id.
After an x-ray, it was determined that Plaintiff's ribs
were broken. Id. Plaintiff has filed numerous
complaints with the Atlantic County administration but has
not received any relief. Id.
1915(e)(2) and 1915A require a court to review complaints
prior to service in cases in which a plaintiff is proceeding
in forma pauperis and in which a plaintiff is
incarcerated. 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) and 1915A because
Plaintiff is proceeding in forma pauperis and is
also incarcerated. See ECF No. 7 (granting in
forma pauperis application).
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. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir.
2009). “‘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 Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009)). “[A] pleading that offers ‘labels or
conclusions' or ‘a formulaic recitation of the
elements of a cause of action will not do.'”
Iqbal, 556 U.S. at 678 (quoting Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
factual allegations contained in the Complaint demonstrate
that Plaintiff's claims are time barred. As such,
Plaintiff fails to state any claim upon which relief may be
granted, and the Complaint must be dismissed. The Court,