Newark, NJ – A federal judge has dismissed a civil rights complaint brought by a New Jersey inmate who alleged that corrections officers prevented him from pursuing his “legal litigation” in state court.
The lawsuit, filed by Michael Upshar under 42 U.S.C. §1983, targeted the Monmouth County Sheriff’s Office corrections division. Upshar, representing himself and granted in forma pauperis status, claimed an officer blocked him from bringing legal matters before a judge. He stated that although he initially refused to appear in court, a state judge ordered that he be transported.
U.S. District Judge Edward S. Kiel reviewed the complaint under the Prison Litigation Reform Act, which requires courts to screen filings from prisoners for merit before proceeding. Kiel ruled the case failed to state a plausible claim, noting that Upshar did not provide enough detail to establish how his constitutional rights were violated.
The court explained that while prisoner filings are held to less stringent standards than formal pleadings, they must still allege facts showing a legal violation. Upshar’s repeated references to being prevented from bringing his “legal litigation” were found too vague, leaving the court unable to determine whether he was denied access to an attorney or blocked from pursuing a legitimate case.
The dismissal was issued without prejudice, giving Upshar the opportunity to amend and refile if he can provide sufficient factual support for his claims.
