Woods v. Ryan et al

Filing 10

ORDER granting 8 Plaintiff's Motion for Leave to Proceed in forma pauperis. The Complaint 1 is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint. If Plaintiff fa ils to comply, the Clerk of Court must enter a judgment of dismissal with prejudice that states that the dismissal may count as a strike under 28:1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Robert C Broomfield on 7/28/11.(TLJ)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Christopher L. Woods,
Plaintiff,

10
11

vs.

12
Charles L. Ryan, et al.,
13
Defendants.

14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 11-1085-PHX-RCB (LOA)
ORDER

15
16

On May 31, 2011, Plaintiff Christopher L. Woods, who is confined in the Arizona

17

State Prison Complex (ASPC)-Yuma in San Luis, Arizona, filed a pro se civil rights

18

Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an Application to Proceed In Forma

19

Pauperis.

20

In a June 3, 2011 Order, the Court denied the deficient Application to Proceed and

21

gave Plaintiff 30 days to either pay the filing fee or file a complete Application to Proceed

22

In Forma Pauperis. On June 13, Plaintiff filed a second Application to Proceed In Forma

23

Pauperis. In a June 16, 2011 Order, the Court denied the second, deficient Application to

24

Proceed and gave Plaintiff 30 days to pay the filing fee or file a complete Application to

25

Proceed In Forma Pauperis.

26
27

(Doc. 8). The Court will grant the third Application to Proceed and will dismiss the

28
JDDL-K

On July 22, 2011, Plaintiff filed a third Application to Proceed In Forma Pauperis

Complaint with leave to amend.

1

I.

Third Application to Proceed In Forma Pauperis and Filing Fee

2

Plaintiff’s third Application to Proceed In Forma Pauperis will be granted. 28 U.S.C.

3

§ 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1).

4

The Court will assess an initial partial filing fee of $8.82. The remainder of the fee will be

5

collected monthly in payments of 20% of the previous month’s income each time the amount

6

in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a separate

7

Order requiring the appropriate government agency to collect and forward the fees according

8

to the statutory formula.

9

II.

Statutory Screening of Prisoner Complaints

10

The Court is required to screen complaints brought by prisoners seeking relief against

11

a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C.

12

§ 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised

13

claims that are legally frivolous or malicious, that fail to state a claim upon which relief may

14

be granted, or that seek monetary relief from a defendant who is immune from such relief.

15

28 U.S.C. § 1915A(b)(1), (2).

16

A pleading must contain a “short and plain statement of the claim showing that the

17

pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does not

18

demand detailed factual allegations, “it demands more than an unadorned, the-defendant-

19

unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).

20

“Threadbare recitals of the elements of a cause of action, supported by mere conclusory

21

statements, do not suffice.” Id.

22
23

claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly,

24

550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content

25

that allows the court to draw the reasonable inference that the defendant is liable for the

26

misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for

27

relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial

28
JDDL-K

“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a

experience and common sense.” Id. at 1950. Thus, although a plaintiff’s specific factual
-2-

1

allegations may be consistent with a constitutional claim, a court must assess whether there

2

are other “more likely explanations” for a defendant’s conduct. Id. at 1951.

3

But as the United States Court of Appeals for the Ninth Circuit has instructed, courts

4

must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th

5

Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent standards

6

than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89,

7

94 (2007) (per curiam)).

8

If the Court determines that a pleading could be cured by the allegation of other facts,

9

a pro se litigant is entitled to an opportunity to amend a complaint before dismissal of the

10

action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The Court

11

should not, however, advise the litigant how to cure the defects. This type of advice “would

12

undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225,

13

231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was

14

required to inform a litigant of deficiencies). The Court will dismiss Plaintiff’s Complaint

15

for failure to state a claim, but because the Complaint may possibly be saved by amendment,

16

will dismiss the Complaint with leave to amend.

17

III.

Complaint

18

In his one-count Complaint, Plaintiff sues the following Defendants: Arizona

19

Department of Corrections Director Charles L. Ryan, ASPC-Eyman Facility Health

20

Administrator (FHA) G. Gene, ASPC-Lewis FHA Bruce McMorran, and ASPC-Yuma FHA

21

D. Chenail.

22
23

violation of the Eighth Amendment. Plaintiff contends that he submitted a health needs

24

request in April 2008 because he had extreme headaches and pain in his bones, he was seen

25

by a physician approximately two weeks later, and the doctor tapped Plaintiff’s knees with

26

a small device and told Plaintiff that nothing was wrong with him. Plaintiff asserts that he

27

submitted a health needs request to Defendant Gene the day after he submitted his first health

28
JDDL-K

Plaintiff alleges that he has been subjected to medical deliberate indifference in

needs request, but nothing further was done.
-3-

1

Plaintiff claims that he submitted another health needs request in March 2009, while

2

at ASPC-Lewis, complaining about extreme headaches and pain in his bones and back. He

3

asserts that he was taken to the prison medical clinic in April 2009, x-rays were taken, and

4

he was told 30-50 days later that he had sinusitis and was prescribed medication. Plaintiff

5

states that back x-rays were taken in December 2009, he was told in January 2010 that he had

6

minor degenerative difficulties, but nothing further was done. He claims that in August 2010

7

he was given medication because he was having trouble walking and sleeping.

8

Plaintiff alleges that in March 2011, he requested that the doctor discontinue the

9

medication because it was not helping with his pain. Two weeks after he discontinued the

10

medication, Plaintiff requested the prison “help ease the pain,” but the doctor informed

11

Plaintiff that there was nothing he could do.

12

Plaintiff claims that he has trouble walking and standing for long periods and that his

13

skull has “taken a differ[e]nt shape.” Plaintiff states that he has repeatedly asked for help

14

from prison medical officials “to no avail.” He alleges that Defendants Gene, McMorran,

15

and Chenail have been deliberately indifferent by “providing inadequate diagnosis,

16

prescribing inappropr[i]ate medication[,] and fail[ing] to provide follow-up examination and

17

treatment of [Plaintiff’s] medical needs.”

18

In his Request for Relief, Plaintiff seeks declaratory and injunctive relief and

19

monetary damages.

20

IV.

Failure to State a Claim

21
22

To state a valid claim under § 1983, plaintiffs must allege that they suffered a specific

23

injury as a result of specific conduct of a defendant and show an affirmative link between the

24

injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377

25

(1976). There is no respondeat superior liability under § 1983, and therefore, a defendant’s

26

position as the supervisor of persons who allegedly violated Plaintiff’s constitutional rights

27

does not impose liability. Monell v. New York City Department of Social Services, 436 U.S.

28
JDDL-K

A.

Failure to Link Defendant Ryan with Plaintiff’s Injuries

658, 691-92 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List,
-4-

1

880 F.2d 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to Bivens

2

and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the

3

official’s own individual actions, has violated the Constitution.” Iqbal, 129 S. Ct. at 1948.

4

Plaintiff has not alleged that Defendant Ryan personally participated in a deprivation

5

of Plaintiff’s constitutional rights, was aware of a deprivation and failed to act, or formed

6

policies that resulted in Plaintiff’s injuries. He has made no allegations at all against

7

Defendant Ryan. Thus, the Court will dismiss without prejudice Defendant Ryan.

8

B.

Failure to State a Claim

9

Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519,

10

520-21 (1972), conclusory and vague allegations will not support a cause of action. Ivey v.

11

Board of Regents of the University of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Further,

12

a liberal interpretation of a civil rights complaint may not supply essential elements of the

13

claim that were not initially pled. Id.

14

Not every claim by a prisoner relating to inadequate medical treatment states a

15

violation of the Eighth or Fourteenth Amendment. To state a § 1983 medical claim, a

16

plaintiff must show that the defendants acted with “deliberate indifference to serious medical

17

needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429

18

U.S. 97, 104 (1976)). A plaintiff must show (1) a “serious medical need” by demonstrating

19

that failure to treat the condition could result in further significant injury or the unnecessary

20

and wanton infliction of pain and (2) the defendant’s response was deliberately indifferent.

21

Jett, 439 F.3d at 1096 (quotations omitted).

22
23

1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both know

24

of and disregard an excessive risk to inmate health; “the official must both be aware of facts

25

from which the inference could be drawn that a substantial risk of serious harm exists, and

26

he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). Deliberate

27

indifference in the medical context may be shown by a purposeful act or failure to respond

28
JDDL-K

“Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 1051,

to a prisoner’s pain or possible medical need and harm caused by the indifference. Jett, 439
-5-

1

F.3d at 1096. Deliberate indifference may also be shown when a prison official intentionally

2

denies, delays, or interferes with medical treatment or by the way prison doctors respond to

3

the prisoner’s medical needs. Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096.

4

Deliberate indifference is a higher standard than negligence or lack of ordinary due

5

care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross

6

negligence will constitute deliberate indifference.” Clement v. California Dep’t of

7

Corrections, 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter

8

Labs., 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or

9

“medical malpractice” do not support a claim under § 1983). “A difference of opinion does

10

not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v.

11

Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is

12

insufficient to state a claim against prison officials for deliberate indifference. See Shapley

13

v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The indifference

14

must be substantial. The action must rise to a level of “unnecessary and wanton infliction

15

of pain.” Estelle, 429 U.S. at 105.

16

Other than stating that Defendant Gene failed to respond to a health needs request in

17

2008, Plaintiff’s factual allegations are devoid of any information to support his claim that

18

Defendants Gene, McMorran, and Chenail were the individuals who provided an inadequate

19

diagnosis, prescribed inappropriate medication, or failed to provide followup examinations

20

or treatment. They are not liable simply because they may supervise the individuals involved

21

in diagnosing and treating Plaintiff. See Iqbal, 129 S. Ct. at 1948; Monell, 436 U.S. at 691-

22

92. Plaintiff’s allegations do not support a claim that any of the Defendants acted with

23

deliberate indifference. Thus, Plaintiff will dismiss without prejudice Plaintiff’s Complaint.

24

V.

Leave to Amend

25
26

a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a first

27

amended complaint to cure the deficiencies outlined above. The Clerk of Court will mail

28
JDDL-K

For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to state

Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff fails
-6-

1

to use the court-approved form, the Court may strike the amended complaint and dismiss this

2

action without further notice to Plaintiff.

3

Plaintiff must clearly designate on the face of the document that it is the “First

4

Amended Complaint.” The first amended complaint must be retyped or rewritten in its

5

entirety on the court-approved form and may not incorporate any part of the original

6

Complaint by reference. Plaintiff may include only one claim per count.

7

If Plaintiff files an amended complaint, Plaintiff must write short, plain statements

8

telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of

9

the Defendant who violated the right; (3) exactly what that Defendant did or failed to do;

10

(4) how the action or inaction of that Defendant is connected to the violation of Plaintiff’s

11

constitutional right; and (5) what specific injury Plaintiff suffered because of that

12

Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377.

13

Plaintiff must repeat this process for each person he names as a Defendant. If Plaintiff

14

fails to affirmatively link the conduct of each named Defendant with the specific injury

15

suffered by Plaintiff, the allegations against that Defendant will be dismissed for failure to

16

state a claim. Conclusory allegations that a Defendant or group of Defendants have

17

violated a constitutional right are not acceptable and will be dismissed.

18

A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963

19

F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542,

20

1546 (9th Cir. 1990). After amendment, the Court will treat an original complaint as

21

nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original

22

complaint is waived if it is not raised in a first amended complaint. King v. Atiyeh, 814 F.2d

23

565, 567 (9th Cir. 1987).

24

VI.

Warnings

25

A.

Release

26

Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release.

27

Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay

28
JDDL-K

-7-

1

the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result

2

in dismissal of this action.

3

B.

Address Changes

4

Plaintiff must file and serve a notice of a change of address in accordance with Rule

5

83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other

6

relief with a notice of change of address. Failure to comply may result in dismissal of this

7

action.

8

C.

Copies

9

Plaintiff must submit an additional copy of every filing for use by the Court. See

10

LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice

11

to Plaintiff.

12

D.

Possible “Strike”

13

Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails

14

to file an amended complaint correcting the deficiencies identified in this Order, the

15

dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g).

16

Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil

17

judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior

18

occasions, while incarcerated or detained in any facility, brought an action or appeal in a

19

court of the United States that was dismissed on the grounds that it is frivolous, malicious,

20

or fails to state a claim upon which relief may be granted, unless the prisoner is under

21

imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

22

E.

23

If Plaintiff fails to timely comply with every provision of this Order, including these

24

warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at

25

1260-61 (a district court may dismiss an action for failure to comply with any order of the

26

Court).

27

IT IS ORDERED:

28
JDDL-K

(1)

Possible Dismissal

Plaintiff’s third Application to Proceed In Forma Pauperis (Doc. 8) is granted.
-8-

1
2
3

(2)

As required by the accompanying Order to the appropriate government agency,

Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $8.82.
(3)

The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff has

4

30 days from the date this Order is filed to file a first amended complaint in compliance with

5

this Order.

6

(4)

If Plaintiff fails to file an amended complaint within 30 days, the Clerk of

7

Court must, without further notice, enter a judgment of dismissal of this action with prejudice

8

that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g).

9
10
11

(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 July, 2011.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JDDL-K

-9-

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