TINSLEY v. STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES

District Court, D. New Jersey·Decided February 25, 2025·No. 2:23-cv-00734·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

RUSSELL TINSLEY, Civil Action No. 23-734 (MCA) (JBC)

Plaintiff,

v. MEMORANDUM OPINION

STATE OF NEW JERSEY DEPARTMENT OF HUMAN SERVICES, et al.,

Defendants.

This matter comes before the Court on Plaintiff Russell Tinsley’s Complaint and his application to proceed in forma pauperis. ECF Nos. 1, 1-2. At this time, the Court grants Plaintiff’s IFP application. Federal law requires the Court to screen Plaintiff’s Complaint for sua sponte dismissal prior to service, and to dismiss any claim if that claim fails to state a claim upon which relief may be granted and/or to dismiss any defendant who is immune from suit. See 28 U.S.C. § 1915(e)(2)(B); Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999). Because Plaintiff is proceeding pro se, the Court construes his allegations liberally. See Higgs v. Att’y Gen., 655 F.3d 333, 339 (3d Cir. 2011). To survive screening, Plaintiff’s Complaint must contain “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotations omitted). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Id. (quoting Twombly 550 U.S. at 557). I. SCREENING OF THE FEDERAL CLAIMS UNDER 1915(E)(2)(B) Plaintiff is civilly committed as Sexually Violent Predator (“SVP”) and resides at the Special Treatment Unit (“STU”) in Avenel, New Jersey. He has sued the State of New Jersey, Department of Human Services (“DHS”), Division of Mental Health and Addiction Services, Ann Klein Forensic Center, STU Clinical Director Doreen Stanzione, Clinical Program Coordinator

Jacquelyn Ottino, Lauren Toth, Nicole Dorio, Paul Dudek, Charlotte Purunty, Ms. Hallper, Henry Gantt, C/O Williams, C. Raupp, G. Daza, A. Motley, Sandra Connolly, M.D., and Sgt Socolof. He appears to bring claims under 42 U.S.C. § 1983 and under state law. Plaintiff has also supplemented his Complaint multiple times, ECF No. 5-7, 9-11, and submitted a motion for pro bono counsel. ECF No. 8. The Court first considers the federal claims, which Plaintiff brings pursuant to 42 U.S.C. § 1983. a. Personhood Requirement under 42 U.S.C. § 1983 To succeed on a claim under § 1983, a plaintiff must show: (1) the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the

plaintiff of a federally secured right. See, e.g., Moore v. Tartler, 986 F. 2d 682, 685 (3d Cir. 1983). Neither a State nor its officials acting in their official capacities are “persons” under § 1983. Will v. Michigan Dept. of State Police, 491 U.S. 58, 71 (1989). From the outset, the Court dismisses the § 1983 claims against the State of New Jersey, DHS, Division of Mental Health and Addiction Services, Ann Klein Forensic Center, as well as the § 1983 damages claims against the individual Defendants in their official capacities. b. Claims Related to the Failure to Advance Plaintiff in Treatment Plaintiff’s allegations about the individual Defendants and his counts for relief are circuitous, disjointed, and lack necessary context, but the Court nevertheless attempts to liberally construe these claims. The gravamen of Plaintiff’s Complaint appears to be that Defendants are not advancing him in treatment due to 1) his filing of complaints and lawsuits, 2) his self- representation in his civil commitment proceedings, and 3) racial bias against him. See Complaint at 2. Plaintiff generally alleges that Defendants have retaliated, “racially targeted,” and “discriminated against” him by failing to advance him to Phases 3, 4, and 5 and failing to discharge

him from the STU. Id. To provide context for Plaintiff’s allegations, the Court summarizes the available record from his commitment review hearing, which was conducted by Judge Bradford M. Bury.1 See Matter of Commitment of R.T., No. A-1887-21, 2023 WL 8016717 (N.J. Super. App. Div. Nov. 20, 2023). As explained by the Appellate Division: [T]he present review hearing was conducted by Judge Bradford M. Bury over the course of seven non-consecutive days between September 15, 2021, and January 25, 2022. The State presented the expert testimony of psychiatrist Dr. Nicole Dorio, D.O., and psychologist Dr. Paul Dudek, Ph.D., a member of the STU's Treatment Progress Review Committee (TPRC). R.T. represented himself at the hearing with the assistance of standby counsel. R.T. did not testify but called his own expert in psychology, Dr. Ronald Silikovitz, Ph.D., and the STU's medical director, Dr. Sandra Connolly, who testified as a fact witness. The judge also considered the “plethora of documents admitted into evidence” by both parties, including the experts’ reports, the STU's treatment records, and R.T.’s self-published book. Although Judge Bury credited much of Dudek and Dorio’s testimony and their ultimate conclusions that Plaintiff should remain civilly committed, he noted that he “did not find [Dr. Dorio] credible in certain areas with regard to giving [R.T.] his due, and his appropriate credit” Id.

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