Opinion

CLASEN v. NEW JERSEY STATE PAROLE BOARD

Court
District Court, D. New Jersey
Filed
May 21, 2024
Cited by
0 cases
Authority
More cited than 25.7%

discussing federal court jurisdiction over state tort law claims

How later courts described this case

  • discussing federal court jurisdiction over state tort law claims
  • conclusory allegations of discrimination fail to state a plausible claim for relief
  • finding plaintiff, who slipped and fell on ice outside his prison housing unit, failed to state a constitutional claim for failure to protect his safety

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

HECTOR LUIS CLASEN, Civil Action No. 24-5693 (SDW-MAH)

Plaintiff,

MEMORANDUM OPINION

v.

NEW JERSEY STATE PAROLE BOARD,

et al.,

Defendants.

IT APPEARING THAT:

1. On or about April 25, 2024, Plaintiff Hector Luis Clasen, a convicted and sentenced

state prisoner confined in Bayside State Prison in Leesburg, New Jersey, filed a pro se civil rights

complaint, alleging civil rights claims under 42 U.S.C. § 1983 against John Doe Defendants from

the New Jersey State Parole Board, Kintock Management Group, and Hudson County Jail. (ECF

No. 1). Plaintiff subsequently filed an application to proceed in forma pauperis ("IFP") under 28

U.S.C. § 1915(a), which establishes his financial eligibility to proceed without prepayment of the

filing. (ECF No. 3).

2. Because Plaintiff’s IFP application will be granted, this Court is required to screen

Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and sua sponte dismiss any claim that

is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary

relief from a defendant who is immune from such relief. Id. “The legal standard for dismissing a

complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) is the same as that

for dismissing a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).” Schreane v.

Seana, 506 F. App’x 120, 122 (3d Cir. 2012) (citing Allah v. Seiverling, 229 F.3d 220, 223 (3d

Cir. 2000)).

3. In deciding a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), courts must “‘accept

all factual allegations as true, construe the complaint in the light most favorable to the plaintiff,’”

disregard any legal conclusions, and then determine whether the plaintiff may be entitled to relief

“‘under any reasonable reading of the complaint.’” Bruni v. City of Pittsburgh, 824 F.3d 353, 360

(3d Cir. 2016) (quoting Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d. Cir. 2009)).

4. For his claims against the John Doe Kintock Group Management Defendants, Plaintiff

merely alleges “slip and fall and locker injury” on December 20, 2023. For his claims against John

Doe New Jersey Parole Board Defendants, Plaintiff alleges “Parole officers pre act [sic] while in

their custody” on March 13, 2024. For his claims against John Doe Hudson County Jail Officers,

Plaintiff alleges they failed to call a medical code when Plaintiff suffered shortness of breath and

chest pain. Plaintiff further states:

Please help me with my claims. Hudson County Jail needs to stop

harassing me and discriminating against me. Parole of New Jersey

is also just doing whatever they want with people violating us as

human beings[;] their [sic] covering up my injuries[,] lying on me[,]

saying its [sic] a physical altercation when its [sic] not.

(ECF No. 1 at 6) (alterations added).

5. Plaintiff’s slip and fall claim sounds in negligence, a state tort claim that may only be

asserted in federal court if there is some other basis for jurisdiction, such as diversity of citizenship

or supplemental jurisdiction. See Lyon v. Whisman, 45 F.3d 758, 762 (3d Cir. 1995) (discussing

federal court jurisdiction over state tort law claims). Negligence does not rise to the level of a

Constitutional violation. See, e.g., Davis v. Superintendent Somerset SCI, 597 F. App'x 42, 46 (3d

Cir. 2015) (finding plaintiff, who slipped and fell on ice outside his prison housing unit, failed to

state a constitutional claim for failure to protect his safety). This claim will be dismissed without

prejudice.

6. To establish an Eighth Amendment claim of inadequate medical care, a prisoner must

allege that he has a serious medical need, and that the defendants were deliberately indifferent to

that need. Spruill v. Davis, 372 F.3d 218, 235-36 (3d Cir. 2004). To plead such a claim against

non-medical prison officials, a plaintiff must allege facts showing that the denial of a reasonable

request for medical treatment exposed the inmate to undue suffering or tangible residual injury.

Id. at 235. Plaintiff has not alleged what occurred after Defendants allegedly ignored his

complaints of chest pain and shortness of breath, in other words, how did the John Doe Defendants

subject him to undue suffering or tangible residual injury. Plaintiff has not alleged whether he

suffered an injury subsequent to the defendants’ alleged refusal to get medical attention for him.

These claims will be dismissed without prejudice.

7. Plaintiff’s vague allegations of harassment and discrimination fail to state a claim

against the John Doe Hudson County Jail Officer Defendants. Plaintiff has not alleged how and

when the defendants harassed and discriminated against him or the basis for the discrimination.

These claims will also be dismissed without prejudice. See e.g., Ashcroft v. Iqbal, 556 U.S. 662,

882 (2009) (conclusory allegations of discrimination fail to state a plausible claim for relief).

8. Plaintiff does not allege sufficient facts for this Court to determine what happened while

Plaintiff was allegedly in the custody of the New Jersey Parole Board, or how the John Doe

Defendants violated Plaintiff’s constitutional rights. These claims will be dismissed without

prejudice. If Plaintiff chooses to file an amended complaint, he should explain how each defendant

personally violated his constitutional rights.

9. In conclusion, this Court will grant Plaintiff’s IFP application and dismiss the complaint

without prejudice.

An appropriate order follows.

DATE: May 21, 2024 , 2024

Hon. Susan D. Wigenton,

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.