Johnson v. Maricopa County Sheriff's Office et al, No. 2:2014cv02519 - Document 8 (D. Ariz. 2015)

Court Description: ORDER granting 2 Plaintiff's Application/ Motion for Leave to Proceed In Forma Pauperis, Plaintiff must pay the $350.00 filing fee. The Complaint is dismissed with 30 days leave to amend. Clerk must enter dismissal with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g) if Plaintiff fails to comply. Signed by Judge David G Campbell on 1/28/15.(LSP)
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Johnson v. Maricopa County Sheriff's Office et al Doc. 8 SKC 1 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michael David Johnson, Plaintiff, 10 11 12 No. CV 14-2519-PHX-DGC (MEA) v. ORDER Maricopa County Sheriff's Office, et al., 13 Defendants. 14 15 Plaintiff Michael David Johnson, who is confined in the Maricopa County Lower 16 Buckeye Jail in Phoenix, Arizona, has filed a pro se civil rights Complaint pursuant to 42 17 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma Pauperis (Doc. 2). The 18 Court will dismiss the Complaint with leave to amend. 19 Plaintiff has also filed two Motions to Add Additional Counts (Docs. 5, 6), and a 20 Motion for Disclosure of Electronic Communications and Records (“Motion for 21 Disclosure”) (Doc. 7). The Court will construe the Motions to Add Additional Counts as 22 Motions to Amend and will grant the motion to the extent that it will dismiss the 23 Complaint with leave to amend. The Court will construe the Motion for Disclosure as a 24 motion for discovery and will deny it as premature. 25 I. Application to Proceed In Forma Pauperis and Filing Fee 26 Plaintiff’s Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. 27 § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). 28 The Court will not assess an initial partial filing fee. Id. The statutory filing fee will be Dockets.Justia.com 1 collected monthly in payments of 20% of the previous month’s income credited to 2 Plaintiff’s trust account each time the amount in the account exceeds $10.00. 28 U.S.C. 3 § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government 4 agency to collect and forward the fees according to the statutory formula. 5 II. Statutory Screening of Prisoner Complaints 6 The Court is required to screen complaints brought by prisoners seeking relief 7 against a governmental entity or an officer or an employee of a governmental entity. 28 8 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 9 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 10 which relief may be granted, or that seek monetary relief from a defendant who is 11 immune from such relief. 28 U.S.C. § 1915A(b)(1)–(2). 12 A pleading must contain a “short and plain statement of the claim showing that the 13 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 14 does not demand detailed factual allegations, “it demands more than an unadorned, the- 15 defendant-unlawfully-harmed-me accusation.” 16 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 17 conclusory statements, do not suffice.” Id. Ashcroft v. Iqbal, 556 U.S. 662, 678 18 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 19 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 20 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual 21 content that allows the court to draw the reasonable inference that the defendant is liable 22 for the misconduct alleged.” Id. “Determining whether a complaint states a plausible 23 claim for relief [is] . . . a context-specific task that requires the reviewing court to draw 24 on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s 25 specific factual allegations may be consistent with a constitutional claim, a court must 26 assess whether there are other “more likely explanations” for a defendant’s conduct. Id. 27 at 681. 28 -2- 1 But as the United States Court of Appeals for the Ninth Circuit has instructed, 2 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 3 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 4 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 5 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). 6 If the Court determines that a pleading could be cured by the allegation of other 7 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 8 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 9 Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may 10 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 11 III. Complaint 12 In his one-count Complaint, Plaintiff sues the Maricopa County Sheriff’s Office 13 (“MCSO”) and the Scottsdale City Court. Plaintiff seeks punitive damages, court costs, 14 and to review transcripts and appeal an August 6, 2014 hearing in Scottsdale City Court, 15 Civil Case #M-0751-CV-2013024796. 16 Plaintiff asserts that his “due process of law” rights and his “right to appeal” have 17 been violated. Plaintiff alleges that the judge in his Scottsdale City Court civil case was 18 “very negligent” in managing a hearing on August 6, 2014, and Plaintiff has appealed. 19 According to Plaintiff, the appeals process requires him to review transcripts of the 20 hearing, and the court mailed him an audio transcript, but jail officials have refused to 21 provide a means for him to listen to the audio transcript and the court will not provide an 22 alternative. Plaintiff asserts that he has written to the court and has “exhausted the 23 internal and external appeals process at the jail,” but “neither party accepts any 24 responsibility to ensure [his] right . . . to appeal this hearing.” Plaintiff alleges that he has 25 already had his appeal of the hearing extended once, but the appeal instructions clearly 26 state that he is required to obtain and review the transcript, and because he still has no 27 access to the transcript, he fears he will lose his appeal right. Plaintiff also believes the 28 hearing at issue “may have had an impact on the sentencing in [his] current case.” -3- 1 IV. Failure to State a Claim 2 To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 3 (2) under color of state law (3) deprived him of federal rights, privileges or immunities 4 and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th 5 Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 6 1278, 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific 7 injury as a result of the conduct of a particular defendant and he must allege an 8 affirmative link between the injury and the conduct of that defendant. Rizzo v. Goode, 9 423 U.S. 362, 371-72, 377 (1976). 10 Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519, 11 520-21 (1972), conclusory and vague allegations will not support a cause of action. Ivey 12 v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Further, a 13 liberal interpretation of a civil rights complaint may not supply essential elements of the 14 claim that were not initially pled. Id. 15 A. MCSO 16 The Maricopa County Sheriff’s Office is not a proper defendant. In Arizona, the 17 responsibility of operating jails and caring for prisoners is placed by law upon the sheriff. 18 See Ariz. Rev. Stat. § 11-441(A)(5); Ariz. Rev. Stat. § 31-101. A sheriff’s office is 19 simply an administrative creation of the county sheriff to allow him to carry out his 20 statutory duties and not a “person” amenable to suit pursuant to § 1983. Accordingly, the 21 Maricopa County Sheriff’s Office will be dismissed. 22 B. Scottsdale City Court 23 Claims under § 1983 may be directed at “bodies politic and corporate.” Monell v. 24 New York City Dept. of Social Services, 436 U.S. 686, 688-89 (1978). “[A] municipality 25 can be sued under § 1983, but it cannot be held liable unless a municipal policy or custom 26 caused the constitutional injury.” Leatherman v. Tarrant County Narcotics Intelligence 27 and Coordination Unit, 507 U.S. 163, 166 (1993). “A municipality may be liable for 28 actions resulting in violations of constitutional rights only when the conduct of its official -4- 1 or agent is executed pursuant to a government policy or custom.” Lewis v. Sacramento 2 County, 98 F.3d 434, 446 (9th Cir. 1996), rev’d on other grounds, 523 U.S. 833 (1998). 3 Although the Scottsdale City Court is an arm or agency of the City of Scottsdale, which 4 is subject to suit under § 1983, Plaintiff does not allege that his rights were violated due 5 to a policy or custom of the City of Scottsdale. There is also no respondeat superior 6 liability under § 1983; thus, the City of Scottsdale’s position as the employer or 7 supervisor of someone who may have violated Plaintiff’s constitutional rights does not 8 impose liability. Monell, 436 U.S. at 691-92. Plaintiff therefore fails to state a claim 9 against Defendant Scottsdale City Court, and it will be dismissed.1 10 C. Plaintiff’s Due Process and Right to Appeal Claim 11 Insofar as Plaintiff attempts to assert a Fourteenth Amendment due process claim, 12 it is unclear whether he claims his due process rights were violated by the Scottsdale City 13 Court judge for his alleged negligence during the August 6, 2014 hearing, or by 14 employees or agents of either the Scottsdale City Court or the Lower Buckeye Jail for 15 allegedly denying Plaintiff’s requests to obtain or listen to his hearing transcript, or by 16 these or other individuals for actions taken during the “internal and external appeals 17 process” at the Lower Buckeye Jail. Absent facts showing specifically what right was 18 violated, by whom, in what way, and what injury resulted, Plaintiff fails to state a due 19 process claim. 20 To the extent that Plaintiff specifically asserts a violation of his “right to appeal,” 21 Plaintiff should note that the right of meaningful access to the courts prohibits officials 22 from actively interfering with inmates’ attempts to prepare or file legal documents. Lewis 23 24 25 26 27 28 1 Error! Main Document Only.To the extent that Plaintiff intends to sue an individual Scottsdale City Court Judge, Plaintiff should be aware that judges are absolutely immune from § 1983 suits for damages for their judicial acts except when they are taken “in ‘the clear absence of all jurisdiction.’” Stump v. Sparkman, 435 U.S. 349, 356-57 (1978) (quoting Bradley v. Fisher, 80 U.S. 335, 351 (1871)); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986). An act is “judicial” when it is a function normally performed by a judge and the parties dealt with the judge in his or her judicial capacity. Stump, 435 U.S. at 362; Crooks v. Maynard, 913 F.2d 699, 700 (9th Cir. 1990). -5- 1 v. Casey, 518 U.S. 343, 350 (1996). The right of access to the courts is only a right to 2 bring petitions or complaints to federal court, however, and not a right to discover such 3 claims or even to ligate them effectively once filed with a court. Id. at 354. The right 4 “guarantees no particular methodology but rather the conferral of a capability–the 5 capability of bringing contemplated challenges to sentences or conditions of confinement 6 before the courts.” Id. at 356. 7 As a matter of standing, for an access-to-courts claim, a plaintiff must show that 8 he suffered an “actual injury” with respect to contemplated litigation. Id. at 349. To 9 show actual injury with respect to contemplated litigation, the plaintiff must demonstrate 10 that the defendants’ conduct frustrated or impeded him from bringing to court a 11 nonfrivolous claim that he wished to present. Id. at 352-53. 12 Moreover, “the injury requirement is not satisfied by just any type of frustrated 13 legal claim.” Id. at 354. The right of access to the courts “does not guarantee inmates the 14 wherewithal to transform themselves into litigating engines capable of filing everything 15 from shareholder derivative actions to slip-and-fall claims.” Id. at 355. The nonfrivolous 16 claim must be a direct or collateral attack on the inmate’s sentence or a challenge to the 17 conditions of his confinement. Id. “Impairment of any other litigating capacity is simply 18 one of the incidental (and perfectly constitutional) consequences of conviction and 19 incarceration.” Id. (emphasis in original). 20 Plaintiff alleges that he believes that the hearing he is attempting to challenge 21 “may have had an impact on the sentencing” in his current case. This is not enough, 22 however, to show that Plaintiff’s appeal of his civil court case is either a direct or 23 collateral attack on his criminal sentence or conditions of confinement. Even if Plaintiff 24 had alleged facts showing a direct connection between his sentence or conditions of 25 confinement and his civil case, this would nonetheless be insufficient to state an access- 26 to-courts claim for the reasons already stated. Plaintiff fails to identify who allegedly 27 violated his rights, in what way, or what injuries he suffered as a result. Thus, absent 28 additional facts, Plaintiff fails to show that anyone actively interfered with, frustrated, or -6- 1 impeded his attempts to bring an appeal. For all these reasons, Plaintiff fails to state a 2 claim in Count One, and this count will be dismissed. 3 V. Leave to Amend 4 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to 5 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 6 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 7 mail Plaintiff a court-approved form to use for filing a first amended complaint. If 8 Plaintiff fails to use the court-approved form, the Court may strike the amended 9 complaint and dismiss this action without further notice to Plaintiff. 10 Plaintiff must clearly designate on the face of the document that it is the “First 11 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 12 entirety on the court-approved form and may not incorporate any part of the original 13 Complaint by reference. Plaintiff may include only one claim per count. 14 A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 15 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 16 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat an original 17 complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised 18 in the original complaint and that was voluntarily dismissed or was dismissed without 19 prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa 20 County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 21 VI. Other Matters 22 A. Plaintiff’s Motions to Add Additional Counts 23 Plaintiff filed a Motion on November 25, 2015, seeking to add a retaliation claim 24 based on allegedly retaliatory actions taken against him at the Lower Buckeye Jail after 25 “Inmate Legal Services” processed this Complaint. Plaintiff also filed a Motion on 26 December 8, 2014, seeking to add a count of “Retaliation-Aiding and Abetting, against 27 the Maricopa County Public Defender’s Office, Maricopa County[,] and [Plaintiff’s 28 public defender] Robert Dittsworth” based on allegations that Dittsworth failed to take -7- 1 any action after Plaintiff informed him via postcard, voicemail, and a phone conversation 2 of the alleged retaliation. The Court will construe these Motions as Motions to Amend 3 and will grant them to the extent that it will grant Plaintiff leave to amend the Complaint. 4 Plaintiff should be aware that if he files a first amended complaint, any added defendants 5 or claims may be dismissed insofar as they present any of the same deficiencies identified 6 herein with respect to Defendants and Count One of this Complaint. 7 B. Motion for Disclosure 8 On January 5, 2015, Plaintiff filed a Motion seeking to have the Court order 9 MCSO to provide him with an audio copy of a telephone call he made on November 25, 10 2014, that he believes is relevant to his claim against the Maricopa County Public 11 Defender’s Office. The Court will construe this as a Motion for Discovery and deny it as 12 premature. At this point, Plaintiff has not stated a claim against any Defendant, including 13 the Maricopa County Public Defender’s Office. 14 complaint, the Court will conduct statutory screening of the first amended complaint, 15 order service of the first amended complaint, if appropriate, and issue a scheduling order 16 setting discovery deadlines after Defendants have answered the complaint. 17 VI. If Plaintiff files a first amended Warnings 18 A. Release 19 If Plaintiff is released while this case remains pending, and the filing fee has not 20 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 21 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 22 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 23 result in dismissal of this action. 24 B. Address Changes 25 Plaintiff must file and serve a notice of a change of address in accordance with 26 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 27 for other relief with a notice of change of address. Failure to comply may result in 28 dismissal of this action. -8- 1 2 C. Copies 3 Plaintiff must submit an additional copy of every filing for use by the Court. See 4 LRCiv 5.4. Failure to comply may result in the filing being stricken without further 5 notice to Plaintiff. 6 D. Possible “Strike” 7 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 8 fails to file an amended complaint correcting the deficiencies identified in this Order, the 9 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 10 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 11 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more 12 prior occasions, while incarcerated or detained in any facility, brought an action or appeal 13 in a court of the United States that was dismissed on the grounds that it is frivolous, 14 malicious, or fails to state a claim upon which relief may be granted, unless the prisoner 15 is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 16 E. Possible Dismissal 17 If Plaintiff fails to timely comply with every provision of this Order, including 18 these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 19 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 20 order of the Court). 21 IT IS ORDERED: 22 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 23 (2) As required by the accompanying Order to the appropriate government 24 agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial 25 filing fee. 26 (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 27 has 30 days from the date this Order is filed to file a first amended complaint in 28 compliance with this Order. -9- 1 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 2 Court must, without further notice, enter a judgment of dismissal of this action with 3 prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g). 4 5 6 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Dated this 28th day of January, 2015. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 and Administrative Fees. The total fees for this action are $400.00 ($350.00 filing fee plus $50.00 administrative fee). If you are unable to immediately pay the fees, 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 $400 filing and administrative fees or the application to proceed in forma pauperis to: Revised 5/1/2013 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 (month, day, year) to: this 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 court-approved 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 “1-A” 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,” “2B,” 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,” “2-B,” 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 5/1/2013 1 550/555 B. DEFENDANTS 1. Name of first Defendant: . The first Defendant is employed as: at . (Position and Title) 2. (Institution) Name of second Defendant: . The second Defendant is employed as: at . (Position and Title) 3. (Institution) Name of third Defendant: . The third Defendant is employed as: at . (Position and Title) 4. (Institution) Name of fourth Defendant: at (Position and Title) . The fourth Defendant is employed as: . (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: 1. Parties: v. 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 at your institution? G Yes G No 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 at your institution? G Yes G No 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