Worley v. Correctional Medical Services, No. 2:2012cv00440 - Document 5 (D. Ariz. 2012)

Court Description: ORDER granting Plaintiff's 2 Motion for Leave to Proceed in forma pauperis; the Complaint 1 is dismissed for failure to state a claim; Plaintiff has 30 days to file a first amended complaint in compliance with this Order; if Plaintiff fails to comply with this order, the Clerk 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). Signed by Senior Judge Robert C Broomfield on 4/23/12.(REW)
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Worley v. Correctional Medical Services 1 Doc. 5 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 Glenn Cornell Worley, Plaintiff, 11 12 vs. 13 Correctional Medical Services, Defendant. 14 ) ) ) ) ) ) ) ) ) ) No. CV 12-440-PHX-RCB (MEA) ORDER 15 16 Plaintiff Glenn Cornell Worley, who is confined in the Arizona State Prison Complex- 17 Eyman, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an 18 Application to Proceed In Forma Pauperis. The Court will dismiss the Complaint with leave 19 to amend. 20 I. Application to Proceed In Forma Pauperis and Filing Fee 21 Plaintiff’s Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. 22 § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). 23 The Court will assess an initial partial filing fee of $41.50. The remainder of the fee will be 24 collected monthly in payments of 20% of the previous month’s income each time the amount 25 in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a separate 26 Order requiring the appropriate government agency to collect and forward the fees according 27 to the statutory formula. 28 ... JDDL-K Dockets.Justia.com 1 II. Statutory Screening of Prisoner Complaints 2 The Court is required to screen complaints brought by prisoners seeking relief against 3 a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. 4 § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised 5 claims that are legally frivolous or malicious, that fail to state a claim upon which relief may 6 be granted, or that seek monetary relief from a defendant who is immune from such relief. 7 28 U.S.C. § 1915A(b)(1), (2). 8 A pleading must contain a “short and plain statement of the claim showing that the 9 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does not 10 demand detailed factual allegations, “it demands more than an unadorned, the-defendant- 11 unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). 12 “Threadbare recitals of the elements of a cause of action, supported by mere conclusory 13 statements, do not suffice.” Id. 14 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 15 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 16 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 17 that allows the court to draw the reasonable inference that the defendant is liable for the 18 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 19 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 20 experience and common sense.” Id. at 1950. Thus, although a plaintiff’s specific factual 21 allegations may be consistent with a constitutional claim, a court must assess whether there 22 are other “more likely explanations” for a defendant’s conduct. Id. at 1951. 23 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 24 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th 25 Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent standards 26 than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89, 27 94 (2007) (per curiam)). 28 JDDL-K If the Court determines that a pleading could be cured by the allegation of other facts, -2- 1 a pro se litigant is entitled to an opportunity to amend a complaint before dismissal of the 2 action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The Court 3 should not, however, advise the litigant how to cure the defects. This type of advice “would 4 undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225, 5 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was 6 required to inform a litigant of deficiencies). The Court will dismiss Plaintiff’s Complaint 7 for failure to state a claim, but because the Complaint may possibly be saved by amendment, 8 will dismiss the Complaint with leave to amend. 9 III. 10 11 Complaint Plaintiff names Correctional Medical Services as Defendant to the Complaint and raises three claims for relief. 12 In Count I, Plaintiff alleges that his Eighth Amendment rights were violated when he 13 was not provided with treatment for HIV, with which he had already been diagnosed, until 14 120 days after he entered the Arizona Department of Corrections (“ADOC”). Plaintiff 15 further claims that even though he is now receiving medication, delivery of the medication 16 is often late, resulting in missed doses. Plaintiff claims that the delay in medication creates 17 the risk of Plaintiff becoming resistant to treatment and has also resulted in infections to his 18 skin, eyes, and mouth as well as internal injuries. 19 In Count II, Plaintiff claims that his Eighth Amendment rights were violated when 20 medical staff: failed to complete an initial medical screening of Plaintiff during intake; 21 misplaced at least two of Plaintiff’s Health Needs Request forms, in which he indicated he 22 needed urgent care; assigned Plaintiff to a primary care physician who had no experience 23 with treating HIV positive patients; and failed to keep accurate and consistent records of 24 Plaintiff’s treatment and tests. 25 26 he was initially denied a root canal, but offered tooth-extraction, because he is serving a life 27 sentence. Plaintiff states that he later received the root canal, but the delay in treatment 28 JDDL-K In Count III, Plaintiff claims that his Eighth Amendment rigths were violated when resulted in an infection that spread throughout his mouth. -3- Plaintiff seeks injunctive relief and money damages. 1 2 IV. Failure to State a Claim 3 A. 4 Defendant Correctional Medical Services is not a proper Defendant. First, to state a 5 valid claim under § 1983, plaintiffs must allege that they suffered a specific injury as a result 6 of specific conduct of a defendant and show an affirmative link between the injury and the 7 conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). There 8 is no respondeat superior liability under § 1983, and therefore, a defendant’s position as the 9 supervisor of persons who allegedly violated Plaintiff’s constitutional rights does not impose 10 liability. Monell v. New York City Department of Social Services, 436 U.S. 658, 691-92 11 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 12 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to Bivens and § 1983 13 suits, a plaintiff must plead that each Government-official defendant, through the official’s 14 own individual actions, has violated the Constitution.” Iqbal, 129 S. Ct. at 1948. 15 16 Defendant Correctional Medical Services Accordingly, Correctional Medical Services would not be liable to Plaintiff simply as the employer of Plaintiff’s healthcare providers. 17 However, it does not appear that Correctional Medical Services employs Plaintiff’s 18 healthcare providers. Correctional Medical Services is a private contractor that provides 19 medical care to prison facilities. It is not clear that Correctional Medical Services is 20 presently contracted to provide services to the ADOC or, more importantly, that Correctional 21 Medical Services was contracted with the ADOC at the time of Plaintiff’s injuries, which are 22 mostly from 2010. 23 24 B. 25 Not every claim by a prisoner relating to inadequate medical treatment states a 26 violation of the Eighth or Fourteenth Amendment. To state a § 1983 medical claim, a 27 plaintiff must show that the defendants acted with “deliberate indifference to serious medical 28 JDDL-K The Court will therefore dismiss Defendant Correctional Medical Services. needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 Medical Claims -4- 1 U.S. 97, 104 (1976)). A plaintiff must show (1) a “serious medical need” by demonstrating 2 that failure to treat the condition could result in further significant injury or the unnecessary 3 and wanton infliction of pain and (2) the defendant’s response was deliberately indifferent. 4 Jett, 439 F.3d at 1096 (quotations omitted). 5 “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 1051, 6 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both know 7 of and disregard an excessive risk to inmate health; “the official must both be aware of facts 8 from which the inference could be drawn that a substantial risk of serious harm exists, and 9 he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). Deliberate 10 indifference in the medical context may be shown by a purposeful act or failure to respond 11 to a prisoner’s pain or possible medical need and harm caused by the indifference. Jett, 439 12 F.3d at 1096. Deliberate indifference may also be shown when a prison official intentionally 13 denies, delays, or interferes with medical treatment or by the way prison doctors respond to 14 the prisoner’s medical needs. Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096. 15 Deliberate indifference is a higher standard than negligence or lack of ordinary due 16 care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross 17 negligence will constitute deliberate indifference.” Clement v. California Dep’t of 18 Corrections, 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter 19 Labs., 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or 20 “medical malpractice” do not support a claim under § 1983). “A difference of opinion does 21 not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v. 22 Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is 23 insufficient to state a claim against prison officials for deliberate indifference. See Shapley 24 v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The indifference 25 must be substantial. The action must rise to a level of “unnecessary and wanton infliction 26 of pain.” Estelle, 429 U.S. at 105. 27 28 JDDL-K In Counts I, II, and III, Plaintiff has failed to name as a Defendant the individuals who were responsible for denying him medical care, and has therefore failed to state a claim. -5- 1 Moreover, to the extent that Plaintiff claims medical staff were negligent in failing to provide 2 care, he has also failed to state a claim. Plaintiff must show that a particular defendant was 3 deliberately indifference to his serious medical needs by being both aware of his need for 4 care and by failing to act appropriately. 5 V. Leave to Amend 6 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to state 7 a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a first 8 amended complaint to cure the deficiencies outlined above. The Clerk of Court will mail 9 Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff fails 10 to use the court-approved form, the Court may strike the amended complaint and dismiss this 11 action without further notice to Plaintiff. 12 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 13 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of 14 the Defendant who violated the right; (3) exactly what that Defendant did or failed to do; 15 (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff’s 16 constitutional right; and (5) what specific injury Plaintiff suffered because of that 17 Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 18 Plaintiff must repeat this process for each person he names as a Defendant. If Plaintiff 19 fails to affirmatively link the conduct of each named Defendant with the specific injury 20 suffered by Plaintiff, the allegations against that Defendant will be dismissed for failure to 21 state a claim. Conclusory allegations that a Defendant or group of Defendants have 22 violated a constitutional right are not acceptable and will be dismissed. 23 Plaintiff must clearly designate on the face of the document that it is the “First 24 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 25 entirety on the court-approved form and may not incorporate any part of the original 26 Complaint by reference. Plaintiff may include only one claim per count. 27 28 JDDL-K A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, -6- 1 1546 (9th Cir. 1990). After amendment, the Court will treat an original complaint as 2 nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original 3 complaint is waived if it is not raised in a first amended complaint. King v. Atiyeh, 814 F.2d 4 565, 567 (9th Cir. 1987). 5 VI. Warnings 6 A. 7 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release. 8 Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay 9 the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result 10 Release in dismissal of this action. 11 B. Address Changes 12 Plaintiff must file and serve a notice of a change of address in accordance with Rule 13 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 14 relief with a notice of change of address. Failure to comply may result in dismissal of this 15 action. 16 C. Copies 17 Plaintiff must submit an additional copy of every filing for use by the Court. See 18 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 19 to Plaintiff. 20 21 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails 22 to file an amended complaint correcting the deficiencies identified in this Order, the 23 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 24 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 25 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 26 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 27 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 28 JDDL-K D. Possible “Strike” or fails to state a claim upon which relief may be granted, unless the prisoner is under -7- 1 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 2 E. Possible Dismissal 3 If Plaintiff fails to timely comply with every provision of this Order, including these 4 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at 5 1260-61 (a district court may dismiss an action for failure to comply with any order of the 6 Court). 7 IT IS ORDERED: 8 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 9 (2) As required by the accompanying Order to the appropriate government agency, 10 11 Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $41.50. (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff has 12 30 days from the date this Order is filed to file a first amended complaint in compliance with 13 this Order. 14 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 15 Court must, without further notice, enter a judgment of dismissal of this action with prejudice 16 that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g). 17 18 19 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. DATED this 23rd day of April, 2012. 20 21 22 23 24 25 26 27 28 JDDL-K -8- 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: v. 1. Parties: 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 at your institution? G Yes G No G Yes G No b. Did you submit a request for administrative relief on Count I? 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 G Yes G No c. Did you appeal your request for relief on Count II to the highest level? 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 G Yes G No c. Did you appeal your request for relief on Count III to the highest level? 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