Handy v. Kelly

Summary

The United States District Court for the District of New Jersey grants Dominique Handy’s application to proceed in forma pauperis and screens his prisoner civil rights complaint under 28 U.S.C. § 1915(e)(2)(B). The court dismisses with prejudice the claims against the Atlantic County Justice Facility because the jail is not a separate legal entity from the municipality operating it, and dismisses without prejudice the claims against Warden Michael Kelly for lack of alleged personal involvement. The court grants leave to amend within thirty days.

Holdings

1. A county jail is not a proper defendant in a civil rights proceeding because it is not a separate entity from the municipality that operates it; Plaintiff's claims against the Atlantic County Justice Facility were therefore dismissed with prejudice.
2. A § 1983 defendant may not be held liable solely on the basis of a supervisory position; the plaintiff must allege personal involvement, actual knowledge and acquiescence, or a policy or custom that was the moving force behind the alleged harm.
3. The complaint failed to state a plausible claim for relief against the named defendants under 28 U.S.C. § 1915(e)(2)(B), requiring dismissal of the facility claims with prejudice and the Kelly claims without prejudice.

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 Michael Kelly's personal involvement in the challenged conditions of confinement.
3. Whether the complaint stated a claim for relief under the 28 U.S.C. § 1915(e)(2)(B) screening standard.

Disposition

dismissed