GALLOWAY, JR. v. MENNIE
3:23-cv-02302
D.N.J.Apr 14, 2025Background
- Ricky Galloway, a pretrial detainee at Ocean County Jail (OCJ) since January 2021, suffers from several medical conditions (asthma, high blood pressure, blood clots, deep vein thrombosis).
- Galloway alleges that OCJ failed to properly screen inmates during the COVID-19 pandemic, leading to his infection and resulting hospitalization.
- Plaintiff's various defense attorneys (both retained and appointed) refused his requests to file motions for release based on his medical conditions and the COVID-19 risks.
- He also alleges unfair treatment from Judges Ryan and Gizenshi regarding denial of his motions for release, asserting the hearings were not impartial.
- Galloway seeks actual and punitive damages for alleged failures in his care, legal representation, and judicial handling.
- The Court, screening the complaint under 28 U.S.C. § 1915(e)(2)(B), assesses the sufficiency of the claims against the warden, his attorneys, and two judges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure of warden to ensure safe conditions | Muller failed to screen inmates, causing COVID exposure | No personal involvement or policy identified | Dismissed without prejudice (insufficient facts) |
| Inadequate medical care at jail | OCJ was indifferent to medical needs | Jail provided medical care | Dismissed (no deliberate indifference alleged) |
| Attorneys' refusal to file release motions | Defense attorneys failed in their duties | Attorneys not state actors under §1983 | Dismissed without prejudice |
| Judicial handling of release motions | Judges denied motions unfairly and lacked impartiality | Judges acted in official capacity, have immunity | Dismissed with prejudice (judicial immunity applies) |
Key Cases Cited
- Schreane v. Seana, [citation="506 F. App'x 120"] (3d Cir. 2012) (Established Rule 12(b)(6) standard for screening complaints)
- Phillips v. Cnty. of Allegheny, 515 F.3d 224 (3d Cir. 2008) (Rule 12(b)(6) pleading requirements for complaints)
- Bell Atlantic v. Twombly, 550 U.S. 544 (2007) (Requirement for factual, not conclusory, allegations)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (Plausibility standard for federal pleadings)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Deliberate indifference standard for inmate medical claims)
- Polk County v. Dodson, 454 U.S. 312 (1981) (Public defenders not state actors for § 1983)
- Forrester v. White, 484 U.S. 219 (1988) (Judicial immunity from monetary damages)
- Mireles v. Waco, 502 U.S. 9 (1991) (Judges immune even if alleged to act maliciously)
- Rizzo v. Goode, 423 U.S. 362 (1976) (No § 1983 liability without personal involvement)
- West v. Atkins, 487 U.S. 42 (1988) (Requirement that defendant act under color of state law)