Timberman v. Arizona Department of Corrections et al

Filing 14

ORDER Plaintiff's Motion for Appointment of Counsel (Doc. 11 ) is denied without prejudice. The Second Amended Complaint (Doc. 12 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a t hird amended complaint in compliance with this Order. If Plaintiff fails to file a third amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that t he dismissal may count as a "strike" under 28 U.S.C. § 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Robert C Broomfield on 5/11/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Arizona Department of Corrections, et al.,)
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Defendants.
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Robert Lee Timberman,

No. CV 12-0092-PHX-RCB (DKD)
ORDER

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On January 13, 2012, Plaintiff Robert Lee Timberman, who is confined in the Arizona

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

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pursuant to 42 U.S.C. § 1983, an Application to Proceed In Forma Pauperis, and a Motion

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for Appointment of Counsel. In a February 2, 2012 Order, the Court granted the Application

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to Proceed, denied the Motion for Appointment of Counsel, and dismissed the Complaint

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because Plaintiff had failed to comply with Local Rule of Civil Procedure 3.4. The Court

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gave Plaintiff 30 days to file an amended complaint that cured the deficiencies identified in

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the Order.

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On February 21, 2012, Plaintiff filed a Motion for Appointment of Counsel and a First

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Amended Complaint. In a March 16, 2012 Order, the Court denied the Motion for

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Appointment of Counsel and dismissed the First Amended Complaint for failure to state a

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claim. The Court gave Plaintiff 30 days to file a second amended complaint that cured the

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deficiencies identified in the Order.

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On April 9, 2012, Plaintiff filed a third Motion for Appointment of Counsel (Doc. 11)

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and a Second Amended Complaint (Doc. 12). The Court will deny the Motion for

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Appointment of Counsel and will dismiss the Second Amended Complaint with leave to

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amend.

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I.

Motion for Appointment of Counsel

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Plaintiff’s third Motion for Appointment of Counsel is identical to his prior motions

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for appointment of counsel. As stated in the Court’s February 2nd and March 16th Orders,

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there is no constitutional right to the appointment of counsel in a civil case. See Ivey v.

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Board of Regents of the University of Alaska, 673 F.2d 266, 269 (9th Cir. 1982). In

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proceedings in forma pauperis, the court may request an attorney to represent any person

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unable to afford one. 28 U.S.C. § 1915(e)(1). Appointment of counsel under 28 U.S.C.

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§ 1915(e)(1) is required only when “exceptional circumstances” are present. Terrell v.

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Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). A determination with respect to exceptional

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circumstances requires an evaluation of the likelihood of success on the merits as well as the

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ability of Plaintiff to articulate his claims pro se in light of the complexity of the legal issue

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involved. Id. “Neither of these factors is dispositive and both must be viewed together

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before reaching a decision.” Id. (quoting Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th

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Cir. 1986)).

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The Court has again considered both elements and it does not appear at this time that

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exceptional circumstances are present that would require the appointment of counsel in this

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case. Plaintiff is in no different position than many pro se prisoner litigants. Thus, the Court

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will deny without prejudice Plaintiff’s third Motion for Appointment of Counsel.

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II.

Statutory Screening of Prisoner Complaints

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

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

§ 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised
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claims that are legally frivolous or malicious, that fail to state a claim upon which relief may

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

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28 U.S.C. § 1915A(b)(1), (2).

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

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

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

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

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

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statements, do not suffice.” Id.

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

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

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

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

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

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

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

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

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

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

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

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

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

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94 (2007) (per curiam)).

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

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

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

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

undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225,
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231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was

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

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Amended Complaint for failure to comply with Rule 8 of the Federal Rules of Civil

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Procedure and Rule 3.4 of the Local Rules of Civil Procedure, but because the Second

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Amended Complaint may possibly be saved by amendment, will dismiss the Second

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Amended Complaint with leave to amend.

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III.

Second Amended Complaint

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Rule 8(a) of the Federal Rules of Civil Procedure requires a “short and plain statement

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of the claim.” Fed. R. Civ. P. 8(a)(2). Rule 8(d)(1) states that “[e]ach allegation must be

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simple, concise, and direct.” A complaint having the factual elements of a cause of action

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scattered throughout the complaint and not organized into a “short and plain statement of the

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claim” may be dismissed for failure to satisfy Rule 8(a). See Sparling v. Hoffman Constr.

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Co., 864 F.2d 635, 640 (9th Cir. 1988); see also McHenry v. Renne, 84 F.3d 1172 (9th Cir.

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1996). It is not the responsibility of the Court to review a rambling narrative in an attempt

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to determine the number and nature of a plaintiff’s claims.

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The Court has reviewed Plaintiff’s Second Amended Complaint and concludes that

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it fails to comply with Rule 8 of the Federal Rules of Civil Procedure. Plaintiff’s three-count

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Second Amended Complaint is rambling and disorganized. In addition, it violates the “one

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claim per count” rule set forth in the form Complaint and accompanying instructions. See

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LRCiv 3.4 (complaint must be in accordance with the instructions provided with the form).

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Plaintiff’s three-count Second Amended Complaint contains more than three claims. For

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example, Count One alleges violations of Plaintiff’s equal protection and due process rights,

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and appears to also raise a deliberate indifference claim. Count Two, which contains many

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of the same allegations, raises due process and equal protection claims and claims regarding

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negligence, a failure to protect, “obstruction of justice,” and “willfully interfe[]ring with a

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judicial proceeding.”1 Count Three reiterates many of the same allegations that are in the

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Also buried in Count Two is a request for a preliminary injunction to require the
Arizona Department of Corrections to disclose the names of potential defendants.
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prior counts and alleges an Eighth Amendment threat to safety claim, a negligence claim, due

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process and equal protection claims, and a claim regarding a “conspiracy” to prevent Plaintiff

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from exercising his “freedom to redress the issues.”

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The Court cannot meaningfully review the Second Amended Complaint, as required

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by 28 U.S.C. § 1915A(a). Accordingly, the Court will dismiss the Second Amended

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Complaint with leave to amend.

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IV.

Leave to Amend

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For the foregoing reasons, Plaintiff’s Second Amended Complaint will be dismissed

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for failure to comply with Federal Rule of Civil Procedure 8 and Local Rule of Civil

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Procedure 3.4. Within 30 days, Plaintiff may submit a third amended complaint to cure the

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deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-approved form

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to use for filing a third amended complaint. If Plaintiff fails to use the court-approved form,

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the Court may strike the amended complaint and dismiss this action without further notice

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to Plaintiff.

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

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

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

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Amended, or Second Amended Complaints by reference. Plaintiff may include only one

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claim per count.

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If Plaintiff files a third amended complaint, Plaintiff must write short, plain statements

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

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

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

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

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Defendant’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976).

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

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

suffered by Plaintiff, the allegations against that Defendant will be dismissed for failure to
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state a claim. Conclusory allegations that a Defendant or group of Defendants have

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

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Although it is preferable to use the actual name of an individual who allegedly

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violated a constitutional right, it is acceptable to identify an individual as a “Doe” Defendant

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when the individual’s identity is unknown.2 If a plaintiff states a claim against a Doe

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Defendant, the Court will not dismiss the claim simply because the identify of the individual

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is currently unknown. See Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999)

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(where identity of defendants is unknown prior to filing of complaint, plaintiff should be

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given an opportunity through discovery to identify the unknown defendants, unless it is clear

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that discovery would not uncover the identities or that the complaint would be dismissed on

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other grounds).

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Plaintiff should also take note that there is no respondeat superior liability under

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§ 1983, and therefore, a defendant’s position as the supervisor of persons who allegedly

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violated Plaintiff’s constitutional rights does not impose liability. Monell v. New York City

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Department of Social Services, 436 U.S. 658, 691-92 (1978); Hamilton v. Endell, 981 F.2d

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1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). “Because

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vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each

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Government-official defendant, through the official’s own individual actions, has violated

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the Constitution.” Iqbal, 129 S. Ct. at 1948.

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A supervisory official may be liable if he implements a policy “so deficient that the

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policy ‘itself is a repudiation of constitutional rights’ and is the ‘moving force of the

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constitutional violation.’” Redman v. County of San Diego, 942 F.2d 1435, 1446 (9th Cir.

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1991) (citation omitted). To premise a supervisor’s alleged liability on a custom or policy,

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the plaintiff must identify a specific policy and establish a “direct causal link” between that

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policy and the alleged constitutional deprivation. See City of Canton v. Harris, 489 U.S. 378,

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For example, if Plaintiff does not know the name of the bus driver, it is permissible
to identify that person as “John Doe Bus Driver.” However, each unknown individual must
be separately identified; for example, it is not acceptable to identify a group of Defendants
as “John Doe Correctional Officers.”
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385 (1989). It is insufficient for Plaintiff to simply assert that certain supervisory officials

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are “personal[l]y responsible for mak[]ing and enacting the policies and procedures that all

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correctional officials follow.”

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In addition, a government official can be held liable for his or her failure to supervise

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or train subordinates. Ting v. United States, 927 F.2d 1504, 1512 (9th Cir. 1991). However,

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in order to state a claim, a plaintiff must allege facts to support that the alleged failure

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amounted to deliberate indifference. Canell v. Lightner, 143 F.3d 1210, 1213 (9th Cir.

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1998). A plaintiff must allege facts to support that not only was the particular supervision

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inadequate, but also that such inadequacy was the result of “a ‘deliberate’ or ‘conscious’

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choice” on the part of the defendant. Id. at 1213-14.

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If Plaintiff files a third amended complaint, he should also take note that under the

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Eleventh Amendment to the Constitution of the United States, a state or state agency may not

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be sued in federal court without its consent. Pennhurst State Sch. & Hosp. v. Halderman, 465

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U.S. 89, 100 (1984); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Furthermore, “a

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state is not a ‘person’ for purposes of section 1983. Likewise ‘arms of the State’ such as the

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Arizona Department of Corrections are not ‘persons’ under section 1983.” Gilbreath v.

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Cutter Biological, Inc., 931 F.2d 1320, 1327 (9th Cir. 1991) (citation omitted)

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A third amended complaint supersedes the original, First Amended, and Second

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Amended Complaints. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach

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Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment,

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the Court will treat the original, First Amended, and Second Amended Complaints as

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

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First Amended, or Second Amended Complaints is waived if it is not raised in a third

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amended complaint. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

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V.

Warnings

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A.

Release

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

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

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

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in dismissal of this action.

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B.

Address Changes

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

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

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

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action.

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C.

Copies

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

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

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to Plaintiff.

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D.

Possible “Strike”

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Because the First Amended Complaint has been dismissed for failure to state a claim,

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if Plaintiff fails to file a third amended complaint correcting the deficiencies identified in this

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Order, the dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C.

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§ 1915(g). Under the 3-strikes provision, a prisoner may not bring a civil action or appeal

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

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

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

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

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

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

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E.

Possible Dismissal

warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at
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1260-61 (a district court may dismiss an action for failure to comply with any order of the

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Court).

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IT IS ORDERED:

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(1)

Plaintiff’s Motion for Appointment of Counsel (Doc. 11) is denied without

prejudice.
(2)

The Second Amended Complaint (Doc. 12) is dismissed for failure to state a

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claim. Plaintiff has 30 days from the date this Order is filed to file a third amended

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complaint in compliance with this Order.

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(3)

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

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

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

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(4)

The Clerk of Court must mail Plaintiff a court-approved form for filing a civil

rights complaint by a prisoner.
DATED this 11th day of May, 2012.

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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

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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.
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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.
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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.

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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