Shook v. Bristow et al
Filing
9
ORDER - The First Amended Complaint is dismissed for failure to comply with theRules. (Doc. 8.) Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. If Plaintiff fails to file an am ended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge James A Teilborg on 5/31/11. (KMG)
<![CDATA[
1
WO
SC
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Steven L. Shook,
10
Plaintiff,
11
vs.
12
Officer Bristow, et al.,
13
Defendants.
14
)
)
)
)
)
)
)
)
)
)
No. CV 11-0253-PHX-JAT (DKD)
ORDER
15
Plaintiff Steven L. Shook, who is confined in the Arizona State Prison Complex,
16
South Unit, in Florence, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C.
17
§ 1983, which the Court dismissed with leave to amend for failure to comply with the Federal
18
Rules of Civil Procedure and this District’s Local Rules. (Doc. 1, 6.) Plaintiff has filed a
19
First Amended Complaint. (Doc. 8.) The Court will dismiss the First Amended Complaint,
20
with leave to amend, for failure to comply with the Federal Rules of Civil Procedure, this
21
District’s Local Rules, and this Court’s previous Order.
22
I.
Statutory Screening of Prisoner Complaints
23
24
a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C.
25
§ 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised
26
claims that are legally frivolous or malicious, that fail to state a claim upon which relief may
27
be granted, or that seek monetary relief from a defendant who is immune from such relief.
28
JDDL-K
The Court is required to screen complaints brought by prisoners seeking relief against
28 U.S.C. § 1915A(b)(1), (2).
1
A pleading must contain a “short and plain statement of the claim showing that the
2
pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does not
3
demand detailed factual allegations, “it demands more than an unadorned, the-defendant-
4
unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).
5
“Threadbare recitals of the elements of a cause of action, supported by mere conclusory
6
statements, do not suffice.” Id.
7
“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a
8
claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly,
9
550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content
10
that allows the court to draw the reasonable inference that the defendant is liable for the
11
misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for
12
relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial
13
experience and common sense.” Id. at 1950. Thus, although a plaintiff’s specific factual
14
allegations may be consistent with a constitutional claim, a court must assess whether there
15
are other “more likely explanations” for a defendant’s conduct. Id. at 1951.
16
But as the United States Court of Appeals for the Ninth Circuit has instructed, courts
17
must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th
18
Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent standards
19
than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89,
20
94 (2007) (per curiam)).
21
22
a pro se litigant is entitled to an opportunity to amend a complaint before dismissal of the
23
action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The Court
24
should not, however, advise the litigant how to cure the defects. This type of advice “would
25
undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225,
26
231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was
27
required to inform a litigant of deficiencies). Plaintiff’s First Amended Complaint will be
28
JDDL-K
If the Court determines that a pleading could be cured by the allegation of other facts,
dismissed for failure to comply with the Rules and this Court’s prior Order, with leave to
-2-
1
amend, because the First Amended Complaint may possibly be saved by amendment.
2
II.
First Amended Complaint
3
Plaintiff alleges 34 counts asserting denial of constitutionally adequate medical care,
4
retaliation, use of excessive force, and privacy violations. Plaintiff sues the following
5
employees of the Arizona Department of Corrections (ADC): Director Charles Ryan;
6
Officers Bristow, Swanda, St. George, Hernandez, Chamberlain, and Scinvo; Drs. Sharp,
7
Kendell, Baird, and Adututu; Nurses Judy, Rosa, Marge, and Marty; Sergeant Evans;
8
Director of Inmate Services Baylor; and South Unit Records Clerk Joan. Plaintiff seeks
9
compensatory relief.
10
III.
Failure to Comply with Instructions and Rules
11
As the Court previously informed Plaintiff: Local Rule 3.4(a) requires prisoners to
12
use court-approved form complaints. The Instructions for completing the court-approved
13
form complaint state in relevant part that:
14
15
16
17
18
Local Rule of Civil Procedure (LRCiv) 3.4(a) provides that complaints by
incarcerated persons must be filed on the court-approved form. The form
must be typed or neatly handwritten. The form must be completely filled in
to the extent applicable. All questions must be answered clearly and concisely
in the appropriate space on the form. If needed, you may attach additional
pages, but no more than fifteen additional pages, of standard letter-sized
paper. You must identify which part of the complaint is being continued and
number all pages. If you do not fill out the form properly, you will be asked to
submit additional or corrected information, which may delay the processing
of your action. You do not need to cite law.
19
20
21
22
23
24
25
26
(Instructions at ¶ 1) (italics added). The Instructions further provide that:
1. Counts. You must identify which civil right was violated. You may allege
the violation of only one civil right per count.
2. Issue Involved. Check the box that most closely identifies the issue
involved in your claim. You may check only one box per count. If you
check the box marked “Other,” you must identify the specific issue involved.
3. Supporting Facts. After you have identified which civil right was violated,
you must state the supporting facts. Be as specific as possible. You must state
what each individual defendant did to violate your rights. If there is more than
one defendant, you must identify which defendant did what act. You also
should state the date(s) on which the act(s) occurred, if possible.
4. Injury. State precisely how you were injured by the alleged violation of
your rights.
27
28
JDDL-K
(Instructions, part C) (italics added).
-3-
1
While Plaintiff used the court-approved form complaint and corrected some
2
previously cited deficiencies, he still failed to comply with the page limit requirement and
3
again substantially exceeded the page limit. In many counts, Plaintiff fails to adequately
4
allege facts to support how each individual Defendant violated his rights, when, and where.
5
Finally, Plaintiff’s hand-writing is frequently impossible to read. Local Rule 3.4(a) provides
6
that a complaint filed by an incarcerated person “shall be signed and legibly written” or
7
typed. In a second amended complaint, Plaintiff should ensure that every word is legibly
8
written. Because Plaintiff failed to comply with the Instructions for completing the court-
9
approved form complaint, his First Amended Complaint will be dismissed with leave to
10
amend in compliance with the Instructions.
11
IV.
Standard to State a Claim Under § 1983
12
As discussed above, the Court will dismiss the First Amended Complaint for failure
13
to comply with the Instructions for completing the court-approved form. The Court again
14
informs Plaintiff of the standard to state particular types of claims under § 1983.
15
Section 1983 provides a cause of action against persons acting under color of state law
16
who have violated rights guaranteed by the United States Constitution and federal law. 42
17
U.S.C. § 1983; see also Buckley v. City of Redding, 66 F.3d 188, 190 (9th Cir. 1995). To
18
state a claim under § 1983, a plaintiff must allege facts supporting that (1) the conduct about
19
which he complains was committed by a person acting under the color of state law and (2)
20
the conduct deprived him of a federal constitutional or statutory right. Wood v. Ostrander,
21
879 F.2d 583, 587 (9th Cir. 1989). A “‘plaintiff generally must assert his own legal rights
22
and interests, and cannot assert the legal rights or interests of third parties.’” Mothershed v.
23
Justices of the Supreme Court, 410 F.3d 602, 610 (9th Cir. 2005) (quoting Warth v. Seldin,
24
422 U.S. 490, 499 (1975)). A plaintiff must also allege that he suffered a specific injury as
25
a result of the conduct of a particular defendant and he must allege an affirmative link
26
between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371-72,
27
377 (1976).
28
JDDL-K
-4-
1
Plaintiff is additionally informed that to state a claim against a particular individual
2
Defendant, a “plaintiff must allege facts, not simply conclusions, that show that [the]
3
individual was personally involved in the deprivation of his civil rights.” Barren v.
4
Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). For an individual to be liable in his official
5
capacity, a plaintiff must allege that the official acted as a result of a policy, practice, or
6
custom. See Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 2001). In
7
addition, there is no respondeat superior liability under § 1983, so a defendant’s position as
8
the supervisor of someone who allegedly violated a plaintiff’s constitutional rights does not
9
make him liable. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978); Taylor, 880 F.2d
10
at 1045. A supervisor in his individual capacity, “is only liable for constitutional violations
11
of his subordinates if the supervisor participated in or directed the violations, or knew of the
12
violations and failed to act to prevent them.” Taylor, 880 F.2d at 1045.
13
A.
Medical Care
14
Plaintiff again asserts several counts alleging unconstitutional medical care. Not
15
every claim by a prisoner relating to inadequate medical treatment states a violation of the
16
Eighth or Fourteenth Amendment. To state a § 1983 medical claim, a plaintiff must show
17
that the defendants acted with “deliberate indifference to serious medical needs.” Jett v.
18
Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104
19
(1976)). A plaintiff must show (1) a “serious medical need” by demonstrating that failure
20
to treat the condition could result in further significant injury or the unnecessary and wanton
21
infliction of pain and (2) the defendant’s response was deliberately indifferent. Jett, 439 F.3d
22
at 1096 (quotations omitted).
23
24
1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both know
25
of and disregard an excessive risk to inmate health; “the official must both be aware of facts
26
from which the inference could be drawn that a substantial risk of serious harm exists, and
27
he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). Deliberate
28
JDDL-K
“Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 1051,
indifference in the medical context may be shown by a purposeful act or failure to respond
-5-
1
to a prisoner’s pain or possible medical need and harm caused by the indifference. Jett, 439
2
F.3d at 1096. Deliberate indifference may also be shown when a prison official intentionally
3
denies, delays, or interferes with medical treatment or by the way prison doctors respond to
4
the prisoner’s medical needs. Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096.
5
Deliberate indifference is a higher standard than negligence or lack of ordinary due
6
care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross
7
negligence will constitute deliberate indifference.” Clement v. California Dep’t of
8
Corrections, 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter
9
Labs., 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or
10
“medical malpractice” do not support a claim under § 1983). “A difference of opinion does
11
not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v.
12
Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is
13
insufficient to state a claim against prison officials for deliberate indifference. See Shapley
14
v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The indifference
15
must be substantial. The action must rise to a level of “unnecessary and wanton infliction
16
of pain.” Estelle, 429 U.S. at 105.
17
18
Plaintiff also alleges several counts of retaliation. To state a constitutional claim for
19
retaliation, a plaintiff must allege that a defendant acting under color of state law took
20
adverse action against him because he engaged in constitutionally-protected conduct, the
21
adverse action was not narrowly tailored to advance legitimate goals, and the adverse action
22
chilled the plaintiff’s exercise of his First Amendment rights or caused him to suffer more
23
than minimal harm. Rhodes v. Robinson, 408 F.3d 559, 567-58 (9th Cir. 2005); see also
24
Hines v. Gomez, 108 F.3d 265, 267 (9th Cir. 1997) (retaliation claims requires an inmate
25
must show (1) that the prison official acted in retaliation for the exercise of a
26
constitutionally-protected right, and (2) that the action “advanced no legitimate penological
27
interest”).
28
JDDL-K
B.
/
/
Retaliation
/
-6-
1
C.
Americans with Disabilities Act (ADA)
2
Plaintiff also asserts violation or discrimination against him based on a disability. The
3
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-34, is applicable in the prison
4
context. Pennsylvania Dep’t of Corr. v. Yeskey, 524 U.S. 206, 213 (1998). Under Title II
5
of the ADA, “no qualified individual with a disability shall, by reason of such disability, be
6
excluded from participation in or be denied the benefits of the services, programs, or
7
activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C.
8
§ 12132. A “public entity” is “any State or local government; [or] (B) any department,
9
agency, special purpose district, or other instrumentality of a State or States or local
10
government....” 42 U.S.C. § 12131. Individuals, however, may only be sued under the ADA
11
in their official, rather than, their individual capacities. Vinson v. Thomas, 288 F.3d 1145,
12
1156 (9th Cir. 2002) (plaintiff cannot sue state officials in their individual capacities to
13
vindicate rights created by Title II of the ADA). To state an ADA claim, a plaintiff must
14
allege facts to support that he: “(1) is a handicapped person; (2) that he is otherwise qualified;
15
and that [prison officials’] actions either (3) excluded his participation in or denied him the
16
benefits of a service, program, or activity; or (4) otherwise subjected him to discrimination
17
on the basis of his physical handicap.” Duffy v. Riveland, 98 F.3d 447, 455 (9th Cir. 1996).
18
If Plaintiff wishes to bring a claim for ADA violations, he should allege facts to
19
support that he is a handicapped person who is otherwise qualified, that particular
20
Defendants’ actions excluded his participation in or denied him the benefits of any service,
21
program, or activity, or otherwise discriminated against him based on a physical handicap.
22
Plaintiff should specifically allege when and what service, program, or activity he was denied
23
due to his disability.
24
25
Plaintiff also asserts violation of his privacy rights concerning disclosures by and to
26
non-medical staff about Plaintiff’s medical conditions, including suffering from Tourette’s
27
Syndrome, kidney stones, and gall bladder flare-ups. Plaintiff appears to be attempting to
28
JDDL-K
D.
Privacy
assert a claim pursuant to the Health Insurance Portability and Accountability Act (HIPAA),
-7-
1
42 U.S.C. §§ 1320d-1 to d-8. As the Court previously informed Plaintiff, HIPAA does not
2
provide for a private cause of action. Webb v. Smart Document Solutions, 499 F.3d 1078,
3
1080 (9th Cir. 2007). For that reason, Plaintiff can not state a claim for violation of HIPAA.
4
V.
Leave to Amend
5
As discussed above, Plaintiff’s First Amended Complaint will be dismissed for failure
6
to comply with the Rules. Within 30 days, Plaintiff may submit a second amended complaint
7
to cure the deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-
8
approved form to use for filing a second amended complaint. If Plaintiff fails to use the
9
court-approved form, the Court may strike the amended complaint and dismiss this action
10
without further notice to Plaintiff.
11
Plaintiff must clearly designate on the face of the document that it is the “Second
12
Amended Complaint.” The second amended complaint must be retyped or rewritten in its
13
entirety on the court-approved form and may not incorporate any part of any prior complaint
14
by reference. Plaintiff may include only one claim per count.
15
A second amended complaint supersedes any prior complaint. Ferdik v. Bonzelet, 963
16
F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542,
17
1546 (9th Cir. 1990). After amendment, the Court will treat any prior complaint as
18
nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in a prior
19
complaint is waived if it is not raised in a second amended complaint. King v. Atiyeh, 814
20
F.2d 565, 567 (9th Cir. 1987).
21
VI.
Warnings
22
A.
Release
23
Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.
24
Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay
25
the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result
26
in dismissal of this action.
27
28
JDDL-K
B.
Address Changes
Plaintiff must file and serve a notice of a change of address in accordance with Rule
-8-
1
83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other
2
relief with a notice of change of address. Failure to comply may result in dismissal of this
3
action.
4
C.
Copies
5
Plaintiff must submit an additional copy of every filing for use by the Court. See
6
LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice
7
to Plaintiff.
8
D.
Possible “Strike”
9
The Complaint and First Amended Complaint have been dismissed for failure to
10
comply with the rules and the Instructions, thereby failing to state a claim. If Plaintiff fails
11
to file an amended complaint correcting the deficiencies identified in this Order, the
12
dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g).
13
Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil
14
judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior
15
occasions, while incarcerated or detained in any facility, brought an action or appeal in a
16
court of the United States that was dismissed on the grounds that it is frivolous, malicious,
17
or fails to state a claim upon which relief may be granted, unless the prisoner is under
18
imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).
19
E.
20
If Plaintiff fails to timely comply with every provision of this Order, including these
21
warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at
22
1260-61 (a district court may dismiss an action for failure to comply with any order of the
23
Court).
24
IT IS ORDERED:
25
(1)
Possible Dismissal
The First Amended Complaint is dismissed for failure to comply with the
26
Rules. (Doc. 8.) Plaintiff has 30 days from the date this Order is filed to file a second
27
amended complaint in compliance with this Order.
28
JDDL-K
(2)
If Plaintiff fails to file an amended complaint within 30 days, the Clerk of
-9-
1
Court must, without further notice, enter a judgment of dismissal of this action with prejudice
2
that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g).
3
4
5
(3)
The Clerk of Court must mail Plaintiff a court-approved form for filing a civil
rights complaint by a prisoner.
DATED this 31st day of May, 2011.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JDDL-K
- 10 -
Instructions for a Prisoner Filing a Civil Rights Complaint
in the United States District Court for the District of Arizona
1. Who May Use This Form. The civil rights complaint form is designed to help incarcerated
persons prepare a complaint seeking relief for a violation of their federal civil rights. These
complaints typically concern, but are not limited to, conditions of confinement. This form
should not be used to challenge your conviction or sentence. If you want to challenge a state
conviction or sentence, you should file a petition under 28 U.S.C. § 2254 for a writ of habeas
corpus by a person in state custody. If you want to challenge a federal conviction or sentence,
you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that
entered the judgment.
2. The Form. Local Rule of Civil Procedure (LRCiv) 3.4(a) provides that complaints by
incarcerated persons must be filed on the court-approved form. The form must be typed or
neatly handwritten. The form must be completely filled in to the extent applicable. All
questions must be answered clearly and concisely in the appropriate space on the form. If
needed, you may attach additional pages, but no more than fifteen additional pages, of standard
letter-sized paper. You must identify which part of the complaint is being continued and
number all pages. If you do not fill out the form properly, you will be asked to submit additional
or corrected information, which may delay the processing of your action. You do not need to
cite law.
3. Your Signature. You must tell the truth and sign the form. If you make a false statement of
a material fact, you may be prosecuted for perjury.
4. The Filing Fee. The filing fee for this action is $350.00. If you are unable to immediately
pay the filing fee, you may request leave to proceed in forma pauperis. Please review the
“Information for Prisoners Seeking Leave to Proceed with a (Non-Habeas) Civil Action in
Federal Court In Forma Pauperis Pursuant to 28 U.S.C. § 1915” for additional instructions.
5. Original and Judge’s Copy. You must send an original plus one copy of your complaint and
of any other documents submitted to the Court. You must send one additional copy to the Court
if you wish to have a file-stamped copy of the document returned to you. All copies must be
identical to the original. Copies may be legibly handwritten.
6. Where to File. You should file your complaint in the division where you were confined
when your rights were allegedly violated. See LRCiv 5.1(a) and 77.1(a). If you were confined
in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. If you were
confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott
Division. If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file
in the Tucson Division. Mail the original and one copy of the complaint with the $350 filing
fee or the application to proceed in forma pauperis to:
Revised 3/9/07
1
Phoenix & Prescott Divisions:
OR
U.S. District Court Clerk
U.S. Courthouse, Suite 130
401 West Washington Street, SPC 10
Phoenix, Arizona 85003-2119
Tucson Division:
U.S. District Court Clerk
U.S. Courthouse, Suite 1500
405 West Congress Street
Tucson, Arizona 85701-5010
7. Change of Address. You must immediately notify the Court and the defendants in writing
of any change in your mailing address. Failure to notify the Court of any change in your
mailing address may result in the dismissal of your case.
8. Certificate of Service. You must furnish the defendants with a copy of any document you
submit to the Court (except the initial complaint and application to proceed in forma pauperis).
Each original document (except the initial complaint and application to proceed in forma
pauperis) must include a certificate of service on the last page of the document stating the date
a copy of the document was mailed to the defendants and the address to which it was mailed.
See Fed. R. Civ. P. 5(a), (d). Any document received by the Court that does not include a
certificate of service may be stricken. A certificate of service should be in the following form:
I hereby certify that a copy of the foregoing document was mailed
this
(month, day, year) to:
Name:
Address:
Attorney for Defendant(s)
(Signature)
9. Amended Complaint. If you need to change any of the information in the initial complaint,
you must file an amended complaint. The amended complaint must be written on the courtapproved civil rights complaint form. You may file one amended complaint without leave
(permission) of Court before any defendant has answered your original complaint. See Fed. R.
Civ. P. 15(a). After any defendant has filed an answer, you must file a motion for leave to
amend and lodge (submit) a proposed amended complaint. LRCiv 15.1. In addition, an
amended complaint may not incorporate by reference any part of your prior complaint. LRCiv
15.1(a)(2). Any allegations or defendants not included in the amended complaint are
considered dismissed. All amended complaints are subject to screening under the Prison
Litigation Reform Act; screening your amendment will take additional processing time.
10. Exhibits. You should not submit exhibits with the complaint or amended complaint.
Instead, the relevant information should be paraphrased. You should keep the exhibits to use
to support or oppose a motion to dismiss, a motion for summary judgment, or at trial.
11. Letters and Motions. It is generally inappropriate to write a letter to any judge or the staff
of any judge. The only appropriate way to communicate with the Court is by filing a written
pleading or motion.
2
12. Completing the Civil Rights Complaint Form.
HEADING:
1. Your Name. Print your name, prison or inmate number, and institutional mailing
address on the lines provided.
2. Defendants. If there are four or fewer defendants, print the name of each. If you
name more than four defendants, print the name of the first defendant on the first line,
write the words “and others” on the second line, and attach an additional page listing the
names of all of the defendants. Insert the additional page after page 1 and number it “1A” at the bottom.
3. Jury Demand. If you want a jury trial, you must write “JURY TRIAL DEMANDED”
in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” Failure to do
so may result in the loss of the right to a jury trial. A jury trial is not available if you are
seeking only injunctive relief.
Part A. JURISDICTION:
1. Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C.
§ 1983 for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics
Agents” for federal defendants; or “other.” If you mark “other,” identify the source of
that authority.
2. Location. Identify the institution and city where the alleged violation of your rights
occurred.
3. Defendants. Print all of the requested information about each of the defendants in the
spaces provided. If you are naming more than four defendants, you must provide the
necessary information about each additional defendant on separate pages labeled “2-A,”
“2-B,” etc., at the bottom. Insert the additional page(s) immediately behind page 2.
Part B. PREVIOUS LAWSUITS:
You must identify any other lawsuit you have filed in either state or federal court while
you were a prisoner. Print all of the requested information about each lawsuit in the spaces
provided. If you have filed more than three lawsuits, you must provide the necessary
information about each additional lawsuit on a separate page. Label the page(s) as “2-A,” “2B,” etc., at the bottom of the page and insert the additional page(s) immediately behind page 2.
Part C. CAUSE OF ACTION:
You must identify what rights each defendant violated. The form provides space to
allege three separate counts (one violation per count). If you are alleging more than three
counts, you must provide the necessary information about each additional count on a separate
page. Number the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page
5. Remember that you are limited to a total of fifteen additional pages.
3
1. Counts. You must identify which civil right was violated. You may allege the
violation of only one civil right per count.
2. Issue Involved. Check the box that most closely identifies the issue involved in your
claim. You may check only one box per count. If you check the box marked “Other,”
you must identify the specific issue involved.
3. Supporting Facts. After you have identified which civil right was violated, you must
state the supporting facts. Be as specific as possible. You must state what each
individual defendant did to violate your rights. If there is more than one defendant, you
must identify which defendant did what act. You also should state the date(s) on which
the act(s) occurred, if possible.
4. Injury. State precisely how you were injured by the alleged violation of your rights.
5. Administrative Remedies. You must exhaust any available administrative remedies
before you file a civil rights complaint. See 42 U.S.C. § 1997e. Consequently, you
should disclose whether you have exhausted the inmate grievance procedures or
administrative appeals for each count in your complaint. If the grievance procedures
were not available for any of your counts, fully explain why on the lines provided.
Part D. REQUEST FOR RELIEF:
Print the relief you are seeking in the space provided.
SIGNATURE:
You must sign your name and print the date you signed the complaint. Failure to sign
the complaint will delay the processing of your action. Unless you are an attorney, you may not
bring an action on behalf of anyone but yourself.
FINAL NOTE
You should follow these instructions carefully. Failure to do so may result in your
complaint being stricken or dismissed. All questions must be answered concisely in the proper
space on the form. If you need more space, you may attach no more than fifteen additional
pages. But the form must be completely filled in to the extent applicable. If you attach
additional pages, be sure to identify which section of the complaint is being continued and
number the pages.
4
Name and Prisoner/Booking Number
Place of Confinement
Mailing Address
City, State, Zip Code
(Failure to notify the Court of your change of address may result in dismissal of this action.)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
(Full Name of Plaintiff)
Plaintiff,
vs.
(1)
(Full Name of Defendant)
(2)
(3)
(4)
Defendant(s).
G
Check if there are additional Defendants and attach page 1-A listing them.
)
, )
)
)
) CASE NO.
)
(To be supplied by the Clerk)
, )
)
, )
CIVIL RIGHTS COMPLAINT
)
, )
BY A PRISONER
)
, )
G Original Complaint
G First Amended Complaint
)
)
G Second Amended Complaint
A. JURISDICTION
1.
2.
This Court has jurisdiction over this action pursuant to:
G 28 U.S.C. § 1343(a); 42 U.S.C. § 1983
G 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
G Other:
.
Institution/city where violation occurred:
.
Revised 3/9/07
1
550/555
B. DEFENDANTS
1.
Name of first Defendant:
at
. The first Defendant is employed as:
.
(Position and Title)
2.
(Institution)
Name of second Defendant:
at
. The second Defendant is employed as:
.
(Position and Title)
3.
(Institution)
Name of third Defendant:
at
. The third Defendant is employed as:
.
(Position and Title)
4.
(Institution)
Name of fourth Defendant:
at
. The fourth Defendant is employed as:
.
(Position and Title)
(Institution)
If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page.
C. PREVIOUS LAWSUITS
1.
Have you filed any other lawsuits while you were a prisoner?
2.
If yes, how many lawsuits have you filed?
G Yes
G No
. Describe the previous lawsuits:
a. First prior lawsuit:
1. Parties:
v.
2. Court and case number:
3. Result: (Was the case dismissed? Was it appealed? Is it still pending?)
.
.
b. Second prior lawsuit:
v.
1. Parties:
2. Court and case number:
3. Result: (Was the case dismissed? Was it appealed? Is it still pending?)
.
.
c. Third prior lawsuit:
1. Parties:
v.
2. Court and case number:
3. Result: (Was the case dismissed? Was it appealed? Is it still pending?)
.
.
If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page.
2
D. CAUSE OF ACTION
1.
COUNT I
State the constitutional or other federal civil right that was violated:
.
2.
Count I. Identify the issue involved. Check only one. State additional issues in separate counts.
G Basic necessities
G Mail
G Access to the court
G Medical care
G Disciplinary proceedings
G Property
G Exercise of religion
G Retaliation
G Excessive force by an officer G Threat to safety G Other:
.
3. Supporting Facts. State as briefly as possible the FACTS supporting Count I. Describe exactly what
each Defendant did or did not do that violated your rights. State the facts clearly in your own words without
citing legal authority or arguments.
.
4.
Injury. State how you were injured by the actions or inactions of the Defendant(s).
.
5.
Administrative Remedies:
a. Are there any administrative remedies (grievance procedures or administrative appeals) available
G Yes G No
at your institution?
b. Did you submit a request for administrative relief on Count I?
G Yes G No
c. Did you appeal your request for relief on Count I to the highest level?
G Yes G No
d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why
you did not.
.
3
1.
COUNT II
State the constitutional or other federal civil right that was violated:
.
2.
Count II. Identify the issue involved. Check only one. State additional issues in separate counts.
G Basic necessities
G Mail
G Access to the court
G Medical care
G Disciplinary proceedings
G Property
G Exercise of religion
G Retaliation
G Excessive force by an officer G Threat to safety G Other:
.
3. Supporting Facts. State as briefly as possible the FACTS supporting Count II. Describe exactly what
each Defendant did or did not do that violated your rights. State the facts clearly in your own words without
citing legal authority or arguments.
.
4.
Injury. State how you were injured by the actions or inactions of the Defendant(s).
.
5.
Administrative Remedies.
a. Are there any administrative remedies (grievance procedures or administrative appeals) available
at your institution?
G Yes G No
b. Did you submit a request for administrative relief on Count II?
G Yes G No
c. Did you appeal your request for relief on Count II to the highest level?
G Yes G No
d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why
you did not.
.
4
1.
COUNT III
State the constitutional or other federal civil right that was violated:
.
2.
Count III. Identify the issue involved. Check only one. State additional issues in separate counts.
G Basic necessities
G Mail
G Access to the court
G Medical care
G Disciplinary proceedings
G Property
G Exercise of religion
G Retaliation
G Excessive force by an officer G Threat to safety G Other:
.
3. Supporting Facts. State as briefly as possible the FACTS supporting Count III. Describe exactly what
each Defendant did or did not do that violated your rights. State the facts clearly in your own words without
citing legal authority or arguments.
.
4.
Injury. State how you were injured by the actions or inactions of the Defendant(s).
.
5.
Administrative Remedies.
a. Are there any administrative remedies (grievance procedures or administrative appeals) available
G Yes G No
at your institution?
b. Did you submit a request for administrative relief on Count III?
G Yes G No
c. Did you appeal your request for relief on Count III to the highest level?
G Yes G No
d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why
you did not.
.
If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page.
5
E. REQUEST FOR RELIEF
State the relief you are seeking:
.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on
DATE
SIGNATURE OF PLAINTIFF
(Name and title of paralegal, legal assistant, or
other person who helped prepare this complaint)
(Signature of attorney, if any)
(Attorney’s address & telephone number)
ADDITIONAL PAGES
All questions must be answered concisely in the proper space on the form. If you need more space, you may
attach no more than fifteen additional pages. But the form must be completely filled in to the extent
applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued
and number all pages.
6
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
