Joshua Webster v. Atlantic County Justice Facility, et al.

Summary

The United States District Court for the District of New Jersey screened Joshua Webster’s prisoner civil rights complaint concerning allegedly malfunctioning or timed-flush toilets at the Atlantic County Justice Facility. The court granted in forma pauperis status, dismissed the claims against the facility with prejudice because a county jail is not a proper § 1983 defendant, dismissed the claims against the warden without prejudice for failure to allege personal involvement, and granted leave to amend.

Holdings

1. A county jail is not a proper defendant in a § 1983 civil rights action because it is not a separate entity from the municipality that operates it. The claims against the Atlantic County Justice Facility were dismissed with prejudice.
2. The complaint failed to state a plausible § 1983 claim against Warden Kelly because it alleged no facts showing his personal involvement, actual knowledge and acquiescence, or creation of a policy or custom that was the moving force behind the alleged plumbing conditions.
3. Because the complaint failed to state a claim for relief, the court was required to dismiss it under 28 U.S.C. § 1915(e)(2)(B). The claims against the jail were dismissed with prejudice, while the claims against Kelly were dismissed without prejudice with leave to amend.

Questions Presented

1. Whether the Atlantic County Justice Facility is a proper defendant in a 42 U.S.C. § 1983 action.
2. Whether the complaint plausibly alleged that Warden Michael Kelly had personal involvement, knowledge and acquiescence, or responsibility for a policy or custom causing the alleged plumbing conditions.
3. Whether the complaint should be dismissed under the mandatory screening provisions of 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim.

Disposition

dismissed