. See Johnson v. Bilotta, No. 168879, 2018 U.S. Dist. LEXIS 11126, at *9 (D.N.J. Jan. 23, 2018) (finding judicial immunity when Plaintiff alleges that expert testimony was erroneously permitted to proceed and noting that “Plaintiff has not relayed any facts that demonstrate [the judge] performed non-judicial acts”). 4
"The Supreme Court has long recognized that the Constitution generally confers no affirmative right to governmental aid, even where such aid may be necessary to secure life, liberty, or property interests of which the government itself may not deprive the individual." Johnson v. Bilotta, No. 16-8879 (ES), 2018 WL 534157, at *6 (D.N.J. Jan. 23, 2018) (quoting Ye v. United States, 484 F.3d 634, 636 (3d Cir. 2007)) (internal quotations omitted). However, there are two exceptions to the rule that the government's inaction cannot violate an individual's constitutional rights: the special relationship exception and the state-created danger doctrine.
And it is also true for the Camden County Public Defender's Office. Johnson v. Bilotta, 2018 WL 534157, at *3 (D.N.J. 2018) ("It is well established that the Office of the Public Defender is not amenable to a § 1983 action as it is not a person within the meaning of § 1983." (internal quotations and citations omitted)).
State of New Jersey, the Camden County Prosecutor's Office, and the Camden County Public Defender's Officer are not "persons" who can act under color of state law, see Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 (1989) (holding that neither a State nor its officials acting in their official capacities are "persons" under § 1983); Henry v. Essex County Prosecutor's Office, 2017 WL 1243146, at *3 (D.N.J. 2017) (citing Grohs v. Yatauro, 984 F. Supp. 2d 273, 280 (D.N.J. 2013) (dismissing constitutional violation claims against the county prosecutor's office because it is not a person under § 1983); Nugent v. County of Hunterdon, 2010 WL 1949359, at *1 (D.N.J. 2010) ("[U]nder New Jersey law, a county prosecutor's office does not have a separate legal existence apart from the individual prosecutors or the governmental entity that the prosecutors serve. Therefore, New Jersey courts have consistently held that a county prosecutor's office is not a suable entity under § 1983."); Johnson v. Bilotta, 2018 WL 534157, at *3 (D.N.J. 2018) ("It is well established that the Office of the Public Defender is not amenable to a § 1983 action as it is not a person within the meaning of § 1983." (internal quotations and citations omitted)); and WHEREAS, to the extent that Plaintiff seeks to plead claims other than for constitutional violations, such as "gross negligence," Plaintiff has failed to state a specific legal basis for his claims, which is necessary to establish subject matter jurisdiction, see Fed. R. Civ. P. 8(a) ("A pleading that states a claim for relief must contain . . . a short and plain statement of the grounds for the court's jurisdiction.");