Tyreek Reevey v. Marian Huesain, et al.

Summary

The United States District Court for the District of New Jersey screened Tyreek Reevey’s in forma pauperis complaint alleging that Marian Huesain sexually abused him at the New Jersey Training School for Boys in 2014. The court dismissed claims against the training school with prejudice on Eleventh Amendment immunity grounds and dismissed claims against Huesain without prejudice as barred by New Jersey’s two-year statute of limitations. The court granted leave to amend within thirty days to address potential tolling, including tolling based on Plaintiff’s minority.

Holdings

1. A state correctional facility is an arm of the State, is not a proper § 1983 defendant, and is immune from suit in federal court under the Eleventh Amendment. The claims against the facility were dismissed with prejudice.
2. Federal civil-rights claims filed in New Jersey are subject to New Jersey's two-year statute of limitations for personal-injury actions. Reevey's claims, filed approximately ten years after the alleged assaults, were time barred absent a basis for tolling.
3. The claims against Huesain were dismissed without prejudice, and Reevey was granted thirty days to file an amended complaint addressing why the claims should not be dismissed with prejudice as time barred.

Questions Presented

1. Whether the New Jersey Training School for Boys is a proper defendant and is immune from suit under 42 U.S.C. § 1983.
2. Whether Reevey's § 1983 claims against Marian Huesain were barred by New Jersey's two-year statute of limitations for personal-injury actions.
3. Whether the complaint should be dismissed without prejudice with leave to amend to address possible tolling.

Disposition

dismissed