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Case 3:06-cv-03713-FLW-TJB Document 2 Filed 08/17/2006 Page 1 of 10
_______________________________
:
ANGELO SILLETTI, :
: Civil Action
Plaintiff, : 06-3713 (FLW)
:
v. : O P I N I O N
:
OCEAN COUNTY DEPARTMENT :
OF CORRECTIONS et al., :
:
Defendants. :
_______________________________:
APPEARANCES:
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Dockets.Justia.com
Case 3:06-cv-03713-FLW-TJB Document 2 Filed 08/17/2006 Page 2 of 10
U.S.C. § 1915(a) (1998) and order the Clerk of the Court to file
the Complaint.
BACKGROUND
Compl. at §§ 4, 6.
STANDARD OF REVIEW
§ 1983 and the Federal Tort Claims Act . . . many of which are
States, 98 F.3d 752, 755 (3d Cir. 1996). A crucial part of the
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Haines v. Kerner, 404 U.S. 519 (1972); United States v. Day, 969
F.2d 39, 42 (3d Cir. 1992). The Court should “accept as true all
can be drawn therefrom, and view them in the light most favorable
902, 906 (3d Cir. 1997). The Court need not, however, lend credit
(3d Cir. 1981) (quoting Haines v. Kerner, 404 U.S. 519, 520
(1972)).
DISCUSSION
the United States. See West v. Atkins, 487 U.S. 42 (1988); Parratt
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at bar were done under color of state law, the Court's analysis is
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and subjective components. See Wilson v. Seiter, 501 U.S. 294, 298
Rhodes v. Chapman, 452 U.S. 337, 346 (1981)), hence requiring that
component requires that the state actor have acted with “deliberate
at 835; Wilson, 501 U.S. at 303. In sum, an inmate may satisfy (1)
960 F.2d 351, 364 (3d Cir. 1992), and (2) the subjective component
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fact that Plaintiff had to “ sleep on the floor five feet away from
the toilet” over the last four and a half month. See Compl. at 5.2
However, the case law clearly indicates that only those triple-
fighting broke out when inmates were splashed with urine as they
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F.2d 418, 427 (3d Cir. 1990). Applying these guidelines, the
slept on bunk beds, and the other conditions at the prison included
celling does not amount to cruel and unusual punishment. See North
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violation, and relying on Bell v. Wolfish, 441 U.S. 520 (1979), the
inmate was placed in a cell with two other inmates, forced to eat
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Dist. LEXIS 1147 (D.N.J. Jan. 11, 2006) (finding that a violation
could exist where the inmates were forced to sleep on thin plastic
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CONCLUSION
s/Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge
Date: August 15, 2006
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