McKaney v. Keeton et al

Filing 8

ORDER that this action shall proceed only as to Plaintiff Dwayne McKaney; all other "Plaintiffs" are dismissed. IT IS FURTHE ORDERED denying 7 Motion to Certify Class and granting 2 Plaintiff McKaney's Motion/Application for Leav e to Proceed in forma pauperis. Plaintiff must pay the $350.00 filing fee. The Complaint (Doc. 1) 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 G Murray Snow on 2/28/12.(LSP)

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1 WO KM 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Dwayne McKaney, et al., Plaintiffs, 10 11 vs. 12 Charles Keeton, et al., Defendants. 13 ) ) ) ) ) ) ) ) ) ) No. CV 12-148-PHX-GMS (LOA) ORDER 14 Plaintiff Dwayne McKaney, who is confined in the Federal Correctional Institution15 Terminal Island, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and 16 an Application to Proceed In Forma Pauperis. Plaintiff has also filed a Motion to Certify 17 Class and purports to represent several other inmates. The other inmates have not signed the 18 Complaint or submitted Applications to Proceed In Forma Paueris. The Court will deny the 19 Motion to Certify Class, dismiss all Plaintiffs except Plaintiff McKaney, and dismiss the 20 Complaint with leave to amend. 21 I. Action to Proceed as Filed Only by Plaintiff McKaney 22 Generally, plaintiffs may join in one action if they assert any right to relief arising out 23 of the same occurrence or series of occurrences and if any question of law or fact in common 24 to all plaintiffs will arise in the action. Fed. R. Civ. P. 20. However, Rule 21 of the Federal 25 Rules of Civil Procedure authorizes the Court, on just terms, to sever claims. See Desert 26 Empire Bank v. Ins. Co. of N. Am., 623 F.2d 1371, 1375 (9th Cir. 1980) (even if the specific 27 28 JDDL-K 1 requirements of Rule 20 may be satisfied, a trial court must examine other relevant factors 2 to determine if joinder of a party will comport with principles of fundamental fairness). 3 Even if Plaintiffs in this action are properly joined, the Court has found that 4 management of pro se multi-plaintiff inmate litigation presents significant burdens to both 5 the parties and the Court. Plaintiffs are inmates proceeding pro se, and, although each 6 Plaintiff may appear on his own behalf, none may appear as an attorney for the other. Johns 7 v. County of San Diego, 114 F.3d 874, 877 (9th Cir. 1997). Therefore, during the 8 prosecution of this action, each Plaintiff would be required to sign and submit his own 9 motions and notices related to his claims in the action, and all Plaintiffs would be required 10 to individually sign any motion or notice filed on behalf of all Plaintiffs. However, because 11 of security concerns related to inmate correspondence and face-to-face communications, 12 Plaintiffs would have, at best, very limited opportunities to discuss case strategy, share 13 discovery, or even provide each other copies of the motions and notices they file with the 14 Court. Accordingly, continued administration of the lawsuit by the inmates becomes 15 virtually impossible due to the regulation of inmate-to-inmate correspondence. Moreover, 16 inmates are subject to transfer to a different facility at any time or may be released. 17 With these concerns in mind, the Court concludes that unitary adjudication of 18 Plaintiffs’ claims would result in unfairness to Plaintiffs, Defendants, and the Court’s goals 19 of achieving judicial economy and maintaining efficient control of the Court’s docket. 20 Allowing each Plaintiff to proceed separately would overcome the unfairness created by 21 these circumstances. 22 In this case, the only Plaintiff to sign the Complaint was Plaintiff McKaney. Because 23 the other listed Plaintiffs did not sign the Complaint, the Court cannot treat them as Plaintiffs 24 in this action and they will be dismissed. 25 26 be regarded as co-plaintiffs. All further pleadings, motions or other papers submitted for 27 filing by an individual Plaintiff in a separate case must be signed by the individual Plaintiff, 28 JDDL-K The individual Plaintiffs must proceed independently from this point on and will not or they will be stricken. -2- 1 II. Motion to Certify Class 2 Plaintiff McKaney has filed a Motion to Certify Class. None of the purported 3 Plaintiffs in this action are attorneys. Although each Plaintiff may appear on his own behalf, 4 he may not appear as an attorney for other persons in a class action. McShane v. United 5 States, 366 F.2d 286, 288 (9th Cir. 1966) (nonlawyer had no authority to appear as an 6 attorney for other persons in a purported class action); C.E. Pope Equity Trust v. United 7 States, 818 F.2d 696, 697 (9th Cir.1987) (while a non-attorney may represent himself, he has 8 no authority to appear as an attorney for others); Oxendine v. Williams, 509 F.2d 1405, 1407 9 (4th Cir. 1975) (plain error to permit an inmate proceeding pro se to represent fellow inmates 10 in a class action). “This rule is an outgrowth not only of the belief that a layman, untutored 11 in the law, cannot ‘adequately represent’ the interests of the members of the ‘class,’ but also 12 out of the long-standing general prohibition against even attorneys acting as both class 13 representative and counsel for the class.” Huddleston v. Duckworth, 97 F.R.D. 512, 514 14 (N.D. Ind. 1983). The Court will therefore deny the Motion to Certify Class. 15 16 III. Application to Proceed In Forma Pauperis and Filing Fee 17 Plaintiff McKaney’s Application to Proceed In Forma Pauperis will be granted. 28 18 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. 19 § 1915(b)(1). The Court will assess an initial partial filing fee of $90.00. The remainder of 20 the fee will be collected monthly in payments of 20% of the previous month’s income each 21 time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will 22 enter a separate Order requiring the appropriate government agency to collect and forward 23 the fees according to the statutory formula. 24 IV. Statutory Screening of Prisoner Complaints 25 26 a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. 27 § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised 28 JDDL-K The Court is required to screen complaints brought by prisoners seeking relief against claims that are legally frivolous or malicious, that fail to state a claim upon which relief may -3- 1 be granted, or that seek monetary relief from a defendant who is immune from such relief. 2 28 U.S.C. § 1915A(b)(1), (2). 3 A pleading must contain a “short and plain statement of the claim showing that the 4 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does not 5 demand detailed factual allegations, “it demands more than an unadorned, the-defendant- 6 unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). 7 “Threadbare recitals of the elements of a cause of action, supported by mere conclusory 8 statements, do not suffice.” Id. 9 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 10 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 11 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 12 that allows the court to draw the reasonable inference that the defendant is liable for the 13 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 14 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 15 experience and common sense.” Id. at 1950. Thus, although a plaintiff’s specific factual 16 allegations may be consistent with a constitutional claim, a court must assess whether there 17 are other “more likely explanations” for a defendant’s conduct. Id. at 1951. 18 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 19 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th 20 Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent standards 21 than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89, 22 94 (2007) (per curiam)). 23 24 a pro se litigant is entitled to an opportunity to amend a complaint before dismissal of the 25 action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The Court 26 should not, however, advise the litigant how to cure the defects. This type of advice “would 27 undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225, 28 JDDL-K If the Court determines that a pleading could be cured by the allegation of other facts, 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was -4- 1 required to inform a litigant of deficiencies). The Court will dismiss Plaintiff’s Complaint 2 for failure to state a claim, but because the Complaint may possibly be saved by amendment, 3 will dismiss the Complaint with leave to amend. 4 V. Complaint 5 Plaintiff names the following Defendants in the Complaint: Warden of Corrections 6 Corporation of America-Central Arizona Detention Center Charles Keeton, Chief of Unit 7 management K. Elkins, Health Service Administration C. Campanon, Facility Controller D. 8 Sims, Medical Provider J. Osteene, and Medical Provider Anderson. 9 Plaintiff raises three claims for relief. In each of the clams for relief, Plaintiff claims 10 that Defendants failed to immediately recognize a threat to inmates’ health and that it took 11 Defendants nearly three months to determine that many inmates had contracted “scabbies.” 12 Plaintiff further claims that Defendants failed to provide adequate medical care for treatment 13 of the condition and that the delay in providing appropriate care caused unnecessary pain. 14 Plaintiff styles Count I as a “threat to safety” claim, Count II as a “failure to protect” claim, 15 and Count III as a “medical care” claim, but raises essentially the same facts in each claim. 16 17 Plaintiff seeks declaratory and injunctive relief, and money damages. VI. Failure to State a Claim 18 A “‘plaintiff generally must assert his own legal rights and interests, and cannot assert 19 the legal rights or interests of third parties.’” Mothershed v. Justices of the Supreme Court, 20 410 F.3d 602, 610 (9th Cir. 2005) (quoting Warth v. Seldin, 422 U.S. 490, 499 (1975)). 21 In this case, Plaintiff McKaney has not described how Defendants violated his 22 constitutional rights or how he, personally, was injured by Defendants’ actions. Plaintiff has 23 therefore failed to state a claim. 24 25 by a prisoner relating to inadequate medical treatment states a violation of the Eighth or 26 Fourteenth Amendment. To state a § 1983 medical claim, a plaintiff must show that the 27 defendants acted with “deliberate indifference to serious medical needs.” Jett v. Penner, 439 28 JDDL-K If Plaintiff chooses to file an amended complaint, he should note that not every claim F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104 (1976)). A -5- 1 plaintiff must show (1) a “serious medical need” by demonstrating that failure to treat the 2 condition could result in further significant injury or the unnecessary and wanton infliction 3 of pain and (2) the defendant’s response was deliberately indifferent. Jett, 439 F.3d at 1096 4 (quotations omitted). 5 “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 1051, 6 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both know 7 of and disregard an excessive risk to inmate health; “the official must both be aware of facts 8 from which the inference could be drawn that a substantial risk of serious harm exists, and 9 he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). Deliberate 10 indifference in the medical context may be shown by a purposeful act or failure to respond 11 to a prisoner’s pain or possible medical need and harm caused by the indifference. Jett, 439 12 F.3d at 1096. Deliberate indifference may also be shown when a prison official intentionally 13 denies, delays, or interferes with medical treatment or by the way prison doctors respond to 14 the prisoner’s medical needs. Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096. 15 16 care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross 17 negligence will constitute deliberate indifference.” Clement v. California Dep’t of 18 Corrections, 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter 19 Labs., 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or 20 “medical malpractice” do not support a claim under § 1983). “A difference of opinion does 21 not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v. 22 Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is 23 insufficient to state a claim against prison officials for deliberate indifference. See Shapley 24 v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The indifference 25 must be substantial. The action must rise to a level of “unnecessary and wanton infliction 26 of pain.” Estelle, 429 U.S. at 105. 27 ... 28 JDDL-K Deliberate indifference is a higher standard than negligence or lack of ordinary due ... -6- 1 VII. Leave to Amend 2 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to state 3 a claim upon which relief may be granted. Within 30 days, Plaintiff McKaney may submit 4 a first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 5 mail Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff 6 fails to use the court-approved form, the Court may strike the amended complaint and 7 dismiss this action without further notice to Plaintiff. 8 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 9 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of 10 the Defendant who violated the right; (3) exactly what that Defendant did or failed to do; 11 (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff’s 12 constitutional right; and (5) what specific injury Plaintiff suffered because of that 13 Defendant’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). 14 Plaintiff must repeat this process for each person he names as a Defendant. If Plaintiff 15 fails to affirmatively link the conduct of each named Defendant with the specific injury 16 suffered by Plaintiff, the allegations against that Defendant will be dismissed for failure to 17 state a claim. Conclusory allegations that a Defendant or group of Defendants have 18 violated a constitutional right are not acceptable and will be dismissed. 19 Plaintiff must clearly designate on the face of the document that it is the “First 20 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 21 entirety on the court-approved form and may not incorporate any part of the original 22 Complaint by reference. Plaintiff may include only one claim per count. 23 24 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 25 1546 (9th Cir. 1990). After amendment, the Court will treat an original complaint as 26 nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original 27 complaint is waived if it is not raised in a first amended complaint. King v. Atiyeh, 814 F.2d 28 JDDL-K A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963 565, 567 (9th Cir. 1987). -7- 1 VIII. Warnings 2 A. 3 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his release. 4 Also, within 30 days of his release, he must either (1) notify the Court that he intends to pay 5 the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result 6 in dismissal of this action. Release 7 B. Address Changes 8 Plaintiff must file and serve a notice of a change of address in accordance with Rule 9 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 10 relief with a notice of change of address. Failure to comply may result in dismissal of this 11 action. 12 C. Copies 13 Plaintiff must submit an additional copy of every filing for use by the Court. See 14 LRCiv 5.4. Failure to comply may result in the filing being stricken without further notice 15 to Plaintiff. 16 D. Possible “Strike” 17 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff fails 18 to file an amended complaint correcting the deficiencies identified in this Order, the 19 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 20 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 21 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 22 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 23 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 24 or fails to state a claim upon which relief may be granted, unless the prisoner is under 25 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 26 27 If Plaintiff fails to timely comply with every provision of this Order, including these 28 JDDL-K E. Possible Dismissal warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at -8- 1 1260-61 (a district court may dismiss an action for failure to comply with any order of the 2 Court). 3 IT IS ORDERED: 4 (1) 5 This action shall proceed only as to Plaintiff Dwayne McKaney; all other “Plaintiffs” are dismissed. 6 (2) The February 8, 2012 Motion to Certify Class (Doc. 7) is denied. 7 (3) Plaintiff McKaney’s Application to Proceed In Forma Pauperis (Doc. 2) is 8 9 10 11 granted. (4) 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 $90.00. (5) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 12 McKaney has 30 days from the date this Order is filed to file a first amended complaint in 13 compliance with this Order. 14 (6) If Plaintiff McKaney fails to file an amended complaint within 30 days, the 15 Clerk of Court must, without further notice, enter a judgment of dismissal of this action with 16 prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g). 17 18 19 (7) 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 February, 2012. 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

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