Demby v. Nogan

Full title: JAMOR J. DEMBY, Plaintiff, v. PATRICK NOGAN, et al., Defendants.

Court: United States District Court, D. New Jersey

Date published: Jan 31, 2024

Civil Action 23-21725 (SDW-LDW) (D.N.J. Jan. 31, 2024)

Opinion

Civil Action 23-21725 (SDW-LDW)

01-31-2024

JAMOR J. DEMBY, Plaintiff, v. PATRICK NOGAN, et al., Defendants.

Hon. Susan D. Wigenton United States District Judge

MEMORANDUM ORDER

Hon. Susan D. Wigenton United States District Judge

IT APPEARING THAT:

1. On or about October 30, 2023, Plaintiff Jamor J. Demby, a former prisoner in East Jersey State Prison in Rahway, New Jersey, filed a pro se civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1).

2. On November 13, 2023, this Court granted Plaintiff's IFP application under 28 U.S.C. § 1915(a). Upon screening the complaint for dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B), this Court dismissed the complaint without prejudice for failure to state a claim. Plaintiff was granted leave to file an amended complaint.

3. Rather than filing an amended complaint, Plaintiff filed a motion to alter or amend judgment. Judgment has not been entered in this matter. Therefore, this Court will construe Plaintiff's motion to alter or amend judgment as a motion for reconsideration under Local Civil Rule 7.1(i). To seek reconsideration of an order, a party must set forth the matter or legal decisions which the party believes the Court has overlooked.

4. In support of his motion, Plaintiff asserts:

In the current case the plaintiff contracted the deadly virus known as the corona virus, and or covid-19, as a direct result of a custom

established by the administration, making him as well as the department of law and public safety [liable]. Administrators can be held liable for an injury to an inmate based upon a custom, practice or policy of the administration, which was a direct result of plaintiff sustaining an injury, while housed at East jersey State prison.

(ECF No. 5).

5. Plaintiff seeks to hold Administrator Nogan liable in his supervisory capacity.

[T]o hold a supervisor liable because his policies or practices led to [a constitutional] violation, the plaintiff must identify a specific policy or practice that the supervisor failed to employ and show that: (1) the exiting policy or practice created an unreasonable risk of that [constitutional] injury; (2) the supervisor was aware that the unreasonable risk was created; (3) the supervisor was indifferent to that risk; and (4) the injury results from the policy or practice.

Beers-Capitol v. Whetzel, 256 F.3d 120, 134 (3d Cir. 2001) (citing Sample v. Diecks, 885 F.2d 1099, 1118 (1989)). The complaint does not identify Administrator Nogan's policy or custom that caused Plaintiff's injury. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice” to state a plausible claim for relief.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Additionally, the New Jersey Department of Law and Public Safety is immune from suit under § 1983. Allen v. New Jersey State Police, 974 F.3d 497, 506-07 (3d Cir. 2020). Plaintiff has not identified a matter or legal decision that this Court has overlooked.

IT IS THEREFORE on this 31st day of January 2024, ORDERED that Plaintiff's motion for reconsideration (ECF No. 5) is DENIED; and it is further

ORDERED that Plaintiff may filed an amended complaint within 30 days of the date of entry of this Order; and it is further

ORDERED that the Clerk shall serve a copy of this Order on Plaintiff by regular U.S.