KELLUM v. CAMDEN COUNTY CORRECTIONAL FACILITY
1:17-cv-01723
D.N.J.Apr 28, 2017Background
- Plaintiff David Kellum, proceeding pro se and in forma pauperis, sued Camden County Correctional Facility (CCCF) under 42 U.S.C. § 1983 for unconstitutional conditions of confinement.
- Alleged events occurred during detentions in 2000, 2010, and 2011; claims include severe overcrowding, sleeping on the floor under a toilet, and injury during an earthquake-related fall.
- Complaint filed in 2017; court conducted sua sponte screening under 28 U.S.C. § 1915(e)(2).
- Court treated the claim as one for unconstitutional conditions subject to § 1983 and governed by New Jersey’s two-year personal-injury limitations period.
- Court concluded the causes of action accrued when the conditions were apparent (at detention), so limitations expired by 2013 at the latest.
- Court declined to apply equitable tolling (no active misleading by state, no extraordinary impediment, no timely filing in wrong forum) and dismissed the complaint with prejudice for failure to state a claim due to the statute of limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kellum's § 1983 conditions-of-confinement claims are timely | Kellum alleges unconstitutional overcrowding and injury during detentions in 2000, 2010, 2011; seeks relief in 2017 | Implied defense: claims are time-barred under the applicable two-year limitations period | Claims accrued when conditions were apparent; suit filed after limitations expired; dismissed with prejudice |
| Whether equitable tolling applies | Kellum did not plead facts showing active deception or extraordinary barriers to filing | CCCF contests tolling (no basis alleged) | Court found no basis for tolling and declined to extend limitations |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (establishes use of state personal-injury limitations period for § 1983 claims)
- Dique v. New Jersey State Police, 603 F.3d 181 (applies state statute of limitations to § 1983 claims in Third Circuit)
- Montanez v. Sec'y Pa. Dep't of Corr., 773 F.3d 472 (accrual: claim accrues when plaintiff knew or should have known of injury)
- Kach v. Hose, 589 F.3d 626 (accrual standard for § 1983 claims)
- Fowler v. UPMS Shadyside, 578 F.3d 203 (pleading standard for facial plausibility in Third Circuit)
- Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303 (quoting Iqbal standard on plausibility)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading must contain factual content to state plausible claim)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (labels and conclusions insufficient to survive dismissal)