Opinion

GANGI

Court
District Court, D. New Jersey
Filed
May 21, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TREMAYNE DURHAM,

Plaintiff,

Civil No,: 24-00016 (GC\(RLS)

v.

ANTHONY GANGI, ef OPINION

Defendants.

CASTNER, District Judge

THIS MATTER comes before the Court on the civil rights Complaint filed by Plaintiff

Tremayne Durham, who is proceeding pro se and is incarcerated at New Jersey State Prison

(“NJSP”). Plaintiff brings claims under 42 U.S.C. § 1983, the Americans with Disabilities Act

(“ADA”), the Rehabilitation Act (“RA”), and New Jersey tort law. (See D.E. 1, “Complaint” or

“Compl.”). Because Plaintiff is a prisoner seeking relief from governmental actors and proceeds

in forma pauperis, the Court reviews the Complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and

1915A.

For the reasons that follow, the Court will permit Plaintiff's ADA and RA claims to proceed

against the New Jersey Department of Corrections but will dismiss those claims with prejudice as

to NJSP and as to the individual defendants in their personal and official capacities, Plaintiff's

Equal Protection claim will be dismissed without prejudice. Plaintiff's Eighth Amendment claim

will proceed in part against the defendants who are alleged to have directly participated in or

knowingly disregarded Plaintiff's need for a mobility aid but will otherwise be dismissed.

Plaintiffs state-iaw claims will proceed in part as negligence-based claims against the individually

involved defendants, but all remaining state-law theories will be dismissed without prejudice.

I. BACKGROUND!

A. Procedural History

Plaintiffs Complaint was received by the Court in January 2024. (CompL, D.E. 1.) Plaintiff

thereafter applied to proceed in forma pauperis. (D.E. 1-2.) By Memorandum and Order entered

January 23, 2025, the Court granted that application, directed that the Complaint be deemed filed,

and deferred issuance of summons pending screening. (D.E. 4.)

Following the filing of the Complaint, counsel entered an appearance on Plaintiff’s behalf.

(D.E. 5.) The Court thereafter appointed pro bono counsel. (D.E. 6.) Counsel was subsequently

relieved, and Plaintiff is presently proceeding pro se. (D.E. 7.) The Court now screens the

Complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A,

B. Factual Allegations?

Plaintiff is an inmate in the custody of the New Jersey Department of Corrections

(“NJDOC”), He alleges that he suffers from a spinal condition that substantially impairs his ability

to ambulate and for which medical staff prescribed and issued him a cane. (Compl. {J 13-18.)

The Court notes that Plaintiff has previously litigated claims arising from similar

allegations concerning the denial of accommodations related to his use of a cane and underlying

spinal condition while incarcerated at New Jersey State Prison, See Durham vy. Kelley, 82 F.4th

217 (Gd Cir, 2023); Durham v. Kelley, Civ, No. 21-4565, 2024 LEXIS 165090 (D.N.J. Sept. 13,

2024); Durham v. Dep’t of Corr., 2025 LEXIS 35272 (D.N.J. Feb. 26, 2025), Those matters

addressed allegations of disability-related restrictions and access to prescribed assistive devices in

different custodial contexts and at earlier points in time. The Court references this litigation history

solely to provide background context for Plaintiff's allegations and does not rely on those

proceedings in assessing the sufficiency of the claims asserted in the present matter,

2 The following allegations are taken from the Complaint and are accepted as true for

purposes of screening, See Ashcroft v. Igbal, 556 U.S. 662, 678 (2009),

According to the Complaint, Plaintiff regularly relied on the cane to walk within the facility and

had previously informed correctional staff of his need for the device. (Compl. {J 13-18, 44-49.)

On the date of the incident, Plaintiff was directed to attend the prison gym, (Compl. Jf 29—

31.) Upon arrival, correctional staff informed him that he would not be permitted to bring his cane

into the gym area, (Compl. ff 29-31.) Plaintiff alleges that he advised the officers that he required

the cane to walk safely, explained that he had been medically prescribed the device, and warned

that proceeding without it would place him at risk of falling. (Compl. 32-34.) Despite these

warnings and Plaintiffs known medical need, Defendants allegedly refused to permit him to use

the cane and required him to proceed without it. (Compl. ff] 32-37.)

While attempting to ambulate without the cane, Plaintiff fell and sustained injuries.

(Compl. ff] 38-43.) He alleges that the fall caused him significant pain and required medical

attention. (Compl. □□ 38-43.) Plaintiff further contends that this incident was not isolated but

occurred against a backdrop of prior instances in which correctional staff denied him access to

necessary mobility accommodations despite his repeated complaints of pain and difficulty

walking. (Compl. 4] 44-49.) Based on these events, Plaintiff asserts claims under federal and state

law, including claims for deliberate indifference, disability discrimination, and negligence.

I. STANDARD OF REVIEW

Under the Prison Litigation Reform Act, Pub, L. 104-134, $§ 801-810, 110 Stat. 1321-66

to 1321-77 (Apr. 26, 1996) ("PLRA"), district courts must review prisoner complaints when

the prisoner is proceeding in forma pauperis. See 28 U.S.C. § 1915(e\2)(B). Courts must also

review prisoner complaints seeking redress against a governmental employee or entity, see id, §

1915A(a), or bringing an action with respect to prison conditions, see 42 U.S.C. §

1997e(c). District courts may sua sponte dismiss any claim that is frivolous, malicious, fails to

state a claim upon which the court may grant relief, or seeks monetary relief from a defendant who

is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); 42 U.S.C. § 1997e(c)(1).

The legal standard for dismissing a complaint for failure to state a claim pursuant to §§

1915(e)(2)(B), 1915A{a), or 1997e(c)(1) is the same as that for dismissing a complaint pursuant

to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See Schreane v. Seana, 506 F, App'x 120,

122 (3d Cir, 2012); Courteau v. United States, 287 F, App'x 159, 162 (3d Cir. 2008); Mitchell v.

Dodrill, 696 F. Supp. 2d 454, 471 (M.D. Pa. 2010). A court properly grants a motion te dismiss

under Rule 12(b)(6) “if, accepting all well pleaded allegations in the complaint as true, and viewing

them in the light most favorable to plaintiff, plaintiff is not entitled to relief." In re Burlington Coat

Factory Sec. Litig., 114 F.3d 1410, 1420 (3d Cir, 1997) (citing Bartholomew v. Fischi, 782 F.2d

1148, 1152 Grd Cir, 1986)).

At this early stage of the litigation, the Court accepts the facts alleged in the pro

se Complaint as true, draws all reasonable inferences in Plaintiff's favor, and asks only whether

the pleading, liberally construed, contains facts sufficient to state a plausible claim. See Shorter v.

United States, 12 F 4th 366, 374 (3d Cir, 2021), abrogation on other grounds recognized by Fisher

vy. Hollingsworth, 115 F.4th 197 Gd Cir. 2024). The complaint must allege “'sufficient factual

matter' to show that the claim is facially plausible.” See Fowler vy. UPMC Shadyside, 578 F.3d 203,

210 3d Cir, 2009) (citing Ashcroft v. igbal, 556 U.S. 662, 678 (2009)). "A claim has facial

plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable

inference that the defendant is liable for the [alleged] misconduct." Iqbal, 556 U.S. at 678 (citing

Bell All Corp. v. Twombly, 550 U.S. 544, 556 (2007)). Conclusory allegations do not suffice. See

id.; Wilson v. USI Ins. Serv. LLC, 57 F Ath 131, 140 (3d Cir, 2023) (stating that courts "disregard

legal conclusions and recitals of the elements of a cause of action that are supported only by mere

conclusory statements" (citing Oakwood Lab'ys LLC v. Thanoo, 999 F.3d 892, 903 (3d Cir. 2021)).

While courts liberally construe pro se pleadings, pro se litigants still are required to allege

sufficient facts to support a claim. See Mala v. Crown Bay Marina, Inc., 704 F,3d 239, 245 (3d

Cir. 2013); Thakar v. Tan, 372 F. App'x 325, 328 (3d Cir. 2010),

"[The Court's] preliminary review under 28 U.S.C, § 1915 does not determine whether the

allegations in the Complaint would survive a properly supported motion to dismiss filed by a

defendant after service." Stahler v. Kelly, No. 25-15183, 2026 WL 475379, at *2 n. 1 (D.N.J. Feb.

19, 2026) (citing Richardson v. Cascade Skating Rink, No, 19-8935, 2020 WL 7383188, at *2

(D.N.J, Dec, 16, 2020),

Ill, DISCUSSION

A. Plaintiff's ADA and RA Claim (Count I)

Plaintiff alleges that he suffers from serious spinal conditions that substantially limit his

ability to walk, that he was issued a cane as a mobility aid, and that Defendants refused to permit

him to bring that cane into the prison gym despite repeated requests and notice of his

condition. (Compl. 4] 13-18, 29-37, 44-50.) He further alleges that, as a result of that denial, he

was forced to ambulate without the cane, fell, and required medical treatment. (id. [J 38-43.)

Title Il of the ADA provides that “no qualified individual with a disability shall, by reason

of such disability, be excluded from participation in or denied the benefits of’ a public entity’s

services, programs, or activities. 42 U.S.C. § 12132. Section 504 of the RA imposes a materially

identical prohibition on programs receiving federal funding. See Furgess v. Pa. Dep't of Corr.,

933 F.3d 285, 288-92 (3d Cir. 2019). These statutes apply fully in the prison context, including to

access to recreational programming such as a prison gym. See Pennsylvania Dep't of Corr. y.

Yeskey, 524 US, 206, 210 (1998).

At this stage, Plaintiff plausibly alleges both exclusion and failure to reasonably

accommodate. The Third Circuit has recognized that denying an inmate access to a necessary

assistive device can effectively exclude the inmate from participation in a prison program, even

where the program is nominally “available.” See Furgess, 933 F.3d at 289-91 (holding that denial

of necessary accommodation can constitute exclusion under Title H). Here, although Plaintiff was

not formally barred from the gym, he alleges that he could not safely access or use it without his

cane. Plaintiff being denied use of his cane despite knowledge of his medical need, plausibly

amounts to a denial of meaningful access to that program.

Plaintiff also plausibly alleges intentional discrimination sufficient to support a claim for

compensatory damages. In this context, intentional discrimination may be shown by deliberate

indifference, which requires (1) knowledge that a federally protected right is substantially likely

to be violated, and (2) a failure to act despite that knowledge. See S.H. ex rei. Durrell vy. Lower

Merion Sch. Dist., 729 F.3d 248, 263 (Gd Cir. 2013). Plaintiff alleges repeated notice to prison

officials through grievances and direct verbal complaints, coupled with repeated denials of his

request to use his cane. (Compl. {| 18-28, 29-37, 44-49.) He further alleges a concrete and

foreseeable harm-—namely, that he would be required to ambulate without a medically necessary

device—which allegedly materialized in a fall and injury. At screening, those allegations suffice

to plead deliberate indifference.

The claim does not, however, proceed against all named Defendants. First, Plaintiff names

NJSP as a defendant. NJSP is a facility within the NJDOC and is not a separate entity subject to

suit. See Grabow vy. S. State Corr. Facility, 726 F. Supp. 537, 538-39 (D.N.J. 1989); see also

Defreitas v. Montgomery Cty. Corr. Facility, 525 F. App'x 170, 172 Gd Cir, 2013) (affirming

dismissal of ADA claim against correctional facility as a non-suable sub-unit of the

county). Because Title II of the ADA and the RA impose liability on public entities—not on sub-

units or facilities as such—PlaintifPs ADA and RA claims against NJSP are dismissed with

prejudice. See id.

Second, to the extent Plaintiff seeks damages against the individual defendants in their

personal capacities, those claims fail as a matter of law. Title Il applies only to “public entities,”

defined as state and local governments and their instrumentalities. 42 U.S.C. § 12131(1). The

Third Circuit has therefore held that “individuals are not liable under Titles I and II of the

ADA.” Emerson vy. Thiel Coll., 296 F.3d 184, 189 (3d Cir. 2002). Courts in this Circuit have

applied the same reasoning to the RA, which, as Spending Clause legislation, imposes obligations

on funding recipients rather than individual employees. See A.W. v. Jersey City Pub. Schs., 486

F.3d 791, 804 (3d Cir. 2007) (en banc). Accordingly, all ADA and RA damages claims against

the individual defendants in their personal capacities are dismissed with prejudice.

Third, to the extent Plaintiff asserts ADA and RA claims against the individual defendants

in their official capacities, those claims are duplicative of the claim against the public entity

itself. See Kentucky v. Graham, 473 U.S. 159, 165-66 (1985). Because the real party in interest

is the governmental entity, such claims add nothing to the litigation and are routinely dismissed

on that basis. Those claims are therefore dismissed with prejudice as redundant.

Finally, although Plaintiff has not expressly named the NJDOC, the Court construes the

Complaint liberally considering Plaintiff's pro se status. See Erickson, 551 U.S. 89, 94. Because

NJDOC is the public entity responsible for the operation of the NJSP and the alleged denial of

access to prison programs, the Court will permit Count I to proceed against the NJDOC.

B. Plaintiff’s Equal Protection Claim (Count ID

Plaintiff alleges that Defendants violated the Fourteenth Amendment’s Equal Protection

Clause by refusing to allow him to bring his cane into the gym, (Compl. §{] 66-71.) The Complaint

does not, however, plausibly allege that Plaintiff was treated differently from similarly situated

inmates because of his membership in a protected class, nor does it allege facts supporting a “class

of one” theory or any other cognizable equal protection theory. To state an equal protection claim,

a plaintiff must allege that he was treated differently from others who were similarly situated in all

relevant respects and that the differential treatment was the product of intentional or purposeful

discrimination. Sfartzell vy. City of Phila., 533 F.3d 183, 203 3d Cir. 2008).

Here, Plaintiff's allegations concern a dispute over access to a mobility aid and the use of

that aid in the prison gym. The Complaint does not identify any comparator inmate who was

similarly situated but permitted to bring a cane into the gym, nor does it plead facts suggesting that

the challenged conduct was motivated by race, religion, disability animus, or any other

impermissible classification. At bottom, Count II repackages the ADA and RA allegations in

constitutional terms. That is insufficient. A plaintiff may not transform an allegedly unreasonable

accommodation dispute into an equal protection claim without factual allegations showing

discriminatory classification or purpose. See /gbal, 556 U.S. at 678.

Accordingly, Count II is dismissed without prejudice.

C. Plaintiff’s Eighth Amendment Claim (Count IID?

Plaintiff alleges that Defendants were deliberately indifferent to his serious medical and

safety needs by refusing to allow him to use his prescribed cane despite knowing that he required

it to ambulate due to his spinal condition, and that he subsequently fell and required medical

treatment. (Compl. Ff 13-18, 29-37, 38-43, 72-76, D.E. 1.) The Eighth Amendment imposes a

duty on prison officials to provide humane conditions of confinement, including taking reasonable

measures to ensure inmate safety, Farmer vy. Brennan, 511 U.S, 825, 832-33 (1994). A claim of

3 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that a person acting under

color of state law deprived him of a right secured by the Constitution or laws of the United States.

West v. Atkins, 487 U.S, 42, 48 (1988). A defendant in a civil rights action must have personal

involvement in the alleged wrongdoing; liability cannot be predicated solely on the theory of

respondeat superior. Rode vy. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Personal

involvement may be shown through allegations of personal direction, actual knowledge, or

acquiescence, fd,

deliberate indifference has both an objective and a subjective component: the deprivation must be

sufficiently serious, and the defendant must have acted with a sufficiently culpable state of mind.

Id. at 834.

As to the objective prong, Plaintiff plausibly alleges a serious medical need and a

substantial risk of harm. He alleges that he suffers from a spinal condition that impairs his ability

to walk and that he was prescribed a cane to assist with ambulation. (Compl. {fF 13-18.) He further

alleges that he was required to walk without that cane in the gym environment and, as a result, fell

and sustained injuries requiring medical attention. (Compl. ff 38-43.) Courts have recognized that

the denial of a medically necessary assistive device, particularly where it results in a fall or risk of

physical injury, may satisfy the objective component of an Eighth Amendment claim. See Durham

y, Kelley, 82 F.4th 217 (same plaintiff; holding that an inmate sufficiently pleaded ADA and Eighth

Amendment claims based on denial of medically necessary assistive devices where plaintiff

alleged repeated refusals of his walking cane and accommodations).

As to the subjective prong, Plaintiff must allege that Defendants were aware of and

disregarded an excessive tisk to his health or safety, Farmer, 511 U.S. at 837. Plaintiff alleges that,

prior to entering the gym, he informed correctional officers that he needed the cane because of his

back condition but was told that canes were not permitted. (Compl. {| 29-37.) Accepting those

allegations as true, the Complaint plausibly alleges that the officers were on actual notice of

Plaintiff's need for the cane and the risk associated with requiring him to ambulate without it.

Plaintiff further alleges that, despite that knowledge, Defendants enforced the restriction and

required him to proceed without the cane, after which he fell. (Compl. {f{[ 29-37, 38-43.) At this

stage, those allegations are sufficient to plausibly plead conscious disregard of a known risk.

Accordingly, Count II may proceed against Defendants Lewis, Rodriguez, and John Doe

Correctional Officers 1 and 2, who are alleged to have directly enforced the restriction. (Compl.

29-37.) The claim may also proceed against Defendants Crawford and Gangi to the extent

Plaintiff alleges that they were repeatedly placed on notice of his need for the cane through

grievances and requests yet failed to take corrective action. (Compl. ff 18-28, 44-49.) Personal

involvement may be established through knowledge and acquiescence in unconstitutional conduct.

Rode, 845 F.2d 1195, 1207.

However, the allegations against Defendants Sears and Davis remain insufficient. Plaintiff

alleges that Sears reviewed grievances and that Davis holds a supervisory role but does not plead

facts showing that either defendant had contemporaneous knowledge of a substantial risk to

Plaintiff's safety and deliberately disregarded that risk. (Compl. [¥ 23-28, D.E. 1.) The Third

Circuit has made clear that participation in the grievance process, without more, does not establish

personal involvement under § 1983. Dooley v. Wetzel, 957 F.3d 366, 373-74 (3d Cir. 2020). Count

III is therefore dismissed without prejudice as to Sears and Davis. Finally, Count III is dismissed

with prejudice as to NJSP, which is not a “person” subject to suit under § 1983. See Will v.

Michigan Dep’t of State Police, 491 U.S. 58, 70-71 (1989) (holding that neither a State nor its

agencies are “persons” subject to suit under § 1983); Grabow v. S. State Corr. Facility, 726 F.

Supp. 537, 538-39 (D.N.J. 1989) (dismissing § 1983 claim against state correctional facility as

non-suable entity).

D. Plaintiff's Negligence-Based Claims (Counts IV and V)*

Plaintiff asserts state-law claims sounding in negligence and negligent infliction of

emotional distress (“NIED”) arising from the same conduct underlying his federal claims. (Compl.

4 Because the Court permits certain federal claims to proceed at this stage, it exercises

supplemental jurisdiction over Plaintiff's related state-law claims pursuant to 28 U.S.C. § 1367(a),

as those claims arise from the same alleged conduct and form part of the same case or controversy.

The Court will revisit the exercise of supplemental jurisdiction if the federal claims are later

dismissed. See 28 U.S.C, § 1367(c).

{| 77-81.) He alleges that Defendants denied him access to his prescribed cane, required him to

ambulate without it, and thereby caused him to fall and suffer physical and emotional injuries.

(Compl. {| 38-43, 77-81.)

Under New Jersey law, a claim for negligence requires allegations of a duty, breach,

proximate causation, and damages. Townsend vy. Pierre, 221 NJ. 36, 51 (2015). Construed

liberally, the Complaint plausibly alleges those elements as to the defendants who are alleged to

have directly participated in the denial of the cane accommodation. Again, Plaintiff alleges that he

suffers from a spinal condition requiring the use of a cane, that these defendants were aware of his

need for the device, and that they nevertheless refused to permit its use in the gym. (Compl. ff 13-

18, 29-37.) He further alleges that, as a result of being required to proceed without the cane, he

fell and sustained injuries requiring medical attention. (Compl. {| 38-43.) At this stage, those

allegations are sufficient to plausibly plead breach of a duty of reasonable care and proximate

causation of Plaintiff's injuries.

Plaintiff's NIED claim likewise survives screening at this juncture. Under New Jersey law,

such a claim is a form of negligence liability in which a defendant’s breach of a duty of reasonable

care proximately causes emotional harm, particularly where that harm is accompanied by physical

injury or arises from a risk of physical harm. See Decker v. Princeton Packet, Inc., 116 N.J. 418,

429-30 (1989); Jablonowska v. Suther, 195 N.J. 91, 104 (2008). Here, Plaintiff alleges that

Defendants were aware of his need for a cane to ambulate safely but nonetheless required him to

proceed without it, resulting in a fall and physical injury. (Compl. {{ 29-37, 38-43, 77-81.) He

further alleges that this incident caused him pain and emotional distress. (Compl. §§] 38-43, 77—

81.) At the pleading stage, those allegations are sufficient to plausibly support a claim that

Defendants’ alleged negligence proximately caused both physical injury and attendant emotional

harm of the type recognized under New Jersey law.

Accordingly, Counts IV and V may proceed against Defendants Crawford, Gangi, Lewis,

Rodriguez, and John Doe Correctional Officers 1 and 2, who are alleged to have directly

participated in or knowingly permitted the conduct at issue. (Compl. ff 29-37, 44-49, 77-81.) As

to Defendants Sears and Davis, however, the Complaint does not plausibly allege facts establishing

that they breached a duty owed to Plaintiff in a manner that proximately caused his injuries.

Plaintiff's allegations as to those defendants are limited to their roles in the grievance review

process and general supervisory authority. (Compl. J 23-28.) Consequently, the Complaint does

not allege that either defendant was present during the incident, directed the conduct at issue, or

had contemporaneous knowledge of a substantial risk to Plaintiff's safety coupled with the ability

to prevent the harm. Nor does Plaintiff allege facts showing that any action or inaction by these

defendants was a proximate cause of his fall. Absent such allegations, Plaintiff has not stated a

plausible negligence-based claim against Sears or Davis at this stage. Counts IV and V are

therefore dismissed without prejudice as to those defendants.

Counts IV and V are dismissed with prejudice as to the NJSP. As an arm of the State of

New Jersey, NISP is a facility within the NJDOC and is not a separate entity that can be sued in

federal court; the Eleventh Amendment bars private suits against non-consenting states and their

agencies, See Pennhurst State School & Hospital y. Halderman, 465 U.S. 89, 100-06 (1984); AZ □□

ex rel. ES. y, State-Operated School Dist. 344 F.3d 335, 345 Gd Cir, 2003), Moreover, the New

Jersey Tort Claims Act does not constitute a waiver of Eleventh Amendment immunity in federal

court, as the statute reflects only a limited waiver of immunity for suits in state court. See Allen v.

New Jersey State Police, 974 F.3d 497, 505-06 (3d Cir. 2020); Velez v. City of Jersey City, 850

A.2d 1238, 1241-42 (NJ. 2004). Accordingly, Plaintiff's negligence-based claims may not

proceed against the NJSP.

E. Count VI Does Not State a Separate Cognizable Claim

Count VI is labeled “Enhancing Risk of Physical Harm.” (Compl. 82-85.) As pleaded,

however, it does not identify a distinct cause of action recognized under federal or New Jersey

law. Rather, the allegations underlying this count mirror those already advanced in support of

Plaintiff's Eighth Amendment and negligence-based claims—namely, that Defendants created or

permitted a dangerous condition by requiring Plaintiff te ambulate without a medically necessary

assistive device, thereby exposing him to a risk of harm that ultimately materialized. (Compl. □□

29-43, 82-85.)

To the extent Plaintiff seeks to impose liability based on exposure to a dangerous condition

or an increased risk of harm, those theories are already encompassed within his deliberate

indifference and negligence claims, both of which address whether Defendants unreasonably

subjected Plaintiff to a known risk and caused injury. Count VI does not plead any additional

elements or identify a separate legal theory that would give rise to an independent basis for relief.

A complaint must do more than relabel the same factual allegations under a different heading; it

must allege facts sufficient to support a cognizable claim. See /qbal, 556 U.S, 662, 678.

Accordingly, Count VI is dismissed without prejudice.

F. Count Vil Does Not Plausibly Plead an Intentional-Tert Claim

Count VII alleges that Defendants acted “intentionally” or “maliciously” in denying

Plaintiff access to his cane. (Compl. J] 86-87.) These conclusory assertions, however, are

insufficient to state a claim for any recognized intentional tort under New Jersey law. To the extent

Plaintiff seeks to assert a claim for intentional infliction of emotional distress (“ITED”), he must

allege conduct that is so extreme and outrageous as to go beyond all possible bounds of decency, □

undertaken intentionally or recklessly, and resulting in severe emotional distress. Decker, 116

418, 429-30. The Complaint does not plead facts of that character. Rather, it alleges that

Defendants enforced a restriction on the use of canes in the gym despite Plaintiff's stated need for

the device. (Compl. {| 29-37, 86-87.)

While such restrictions may have been motivated by general safety considerations, the

allegations portray conduct that is unduly burdensome to Plaintiff and arguably insensitive to his

specific medical needs. Even conduct in that light, however, does not rise to the level of the

extreme and outrageousness required to sustain an intentional-tort claim. The allegations may

support negligence or constitutional claims, but they fall short of the stringent threshold for IED,

Nor does the Complaint otherwise identify a viable intentional tort supported by the factual

allegations. The assertion that Defendants acted with intent or malice, without supporting factual

content, is a legal conclusion insufficient to state a claim. See Igbal, 556 U.S. at 678.

Accordingly, Count VII is dismissed without prejudice.

IV. CONCLUSION

For the foregoing reasons, Count I may PROCEED against the New Jersey Department of

Corrections but is DISMISSED WITH PREJUDICE as to the NUSP and as to the individual

Defendants in their personal and official capacities. Count I] is DISMISSED WITHOUT

PREJUDICE. Count II. may PROCEED against Defendants Crawford, Gangi, Lewis,

Rodriguez, and John Doe Correctional Officers. □ and 2, but is DISMISSED WITHOUT

PREJUDICE as to Defendants Sears and Davis and DISMISSED WITH PREJUDICE as to the

NJSP. Counts IV and V may PROCEED against those same Defendants but are DISMISSED

WITHOUT PREJUDICE as to Defendants Sears and Davis and DISMISSED WITH

PREJUDICE as to the NJSP. Counts VI and VII are DISMISSED WITHOUT PREJUDICE,

An appropriate Order follows.

GWORGE' CASTNER

Unifed States District Judge

Dated: May 21, 2026

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.

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