Beltran-Ojeda v. Unknown Party et al

Filing 6

ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial f iling fee. The Complaint (Doc. 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 in compliance with this Order. If Plaintiff fails to file an amended complaint with in 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge David G Campbell on 6/26/2013. (KMG)

Download PDF
1 2 KM WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Saul Beltran-Ojeda, 10 11 12 No. CV 13-622-PHX-DGC (MEA) Plaintiff, vs. ORDER Officer CS 096, et al., 13 Defendants. 14 15 Plaintiff Saul Beltran-Ojeda, who is confined in the Maricopa County Fourth 16 Avenue Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 17 (Doc. 1) and an Application to Proceed In Forma Pauperis (Doc. 2). The Court will 18 dismiss the Complaint with leave to amend. 19 I. Application to Proceed In Forma Pauperis and Filing Fee 20 Plaintiff’s Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. 21 § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). 22 The Court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). The 23 statutory fee will be collected monthly in payments of 20% of the previous month’s 24 income each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). 25 The Court will enter a separate Order requiring the appropriate government agency to 26 collect and forward the fees according to the statutory formula. 27 28 JDDL-K 1 II. Statutory Screening of Prisoner Complaints 2 The Court is required to screen complaints brought by prisoners seeking relief 3 against a governmental entity or an officer or an employee of a governmental entity. 28 4 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 5 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 6 which relief may be granted, or that seek monetary relief from a defendant who is 7 immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 8 A pleading must contain a “short and plain statement of the claim showing that the 9 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 10 does not demand detailed factual allegations, “it demands more than an unadorned, the- 11 defendant-unlawfully-harmed-me accusation.” 12 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 13 conclusory statements, do not suffice.” Id. Ashcroft v. Iqbal, 556 U.S. 662, 678 14 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 15 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 16 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual 17 content that allows the court to draw the reasonable inference that the defendant is liable 18 for the misconduct alleged.” Id. “Determining whether a complaint states a plausible 19 claim for relief [is] . . . a context-specific task that requires the reviewing court to draw 20 on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s 21 specific factual allegations may be consistent with a constitutional claim, a court must 22 assess whether there are other “more likely explanations” for a defendant’s conduct. Id. 23 at 681. 24 25 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 26 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 27 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 28 JDDL-K But as the United States Court of Appeals for the Ninth Circuit has instructed, Pardus, 551 U.S. 89, 94 (2007) (per curiam)). -2- 1 If the Court determines that a pleading could be cured by the allegation of other 2 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 3 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The 4 Court should not, however, advise the litigant how to cure the defects. This type of 5 advice “would undermine district judges’ role as impartial decisionmakers.” Pliler v. 6 Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to 7 decide whether the court was required to inform a litigant of deficiencies). The Court 8 will dismiss Plaintiff’s Complaint for failure to state a claim, but because the Complaint 9 may possibly be saved by amendment, will dismiss the Complaint with leave to amend. 10 III. Complaint 11 Plaintiff names the following as Defendants in the Complaint: Officer CS 096; 12 Officer CS 565; Sergeants Montevano A8705, Corcodel, and Rogers; Correctional Health 13 Services Supervisor Tom Tegeler; and Physicians Richard Friedman and Ian Cranmer. 14 Plaintiff raises three claims for relief. In Count One, Plaintiff claims that his 15 Fourteenth Amendment rights are violated because Defendants fail to adhere to the jail’s 16 grievance policies by failing to return responses in the prescribed time, failing to respond 17 to grievances, and by issuing responses that are not signed by the jail commander or 18 external referee. 19 In Count Two, Plaintiff claims that his Eighth and Fourteenth Amendment rights 20 were violated when, in retaliation for Plaintiff filing health needs requests, Defendants 21 “returned submitted forms stating either chart to provider, you are scheduled to be seen, 22 you worry about your hepatitis C to[o] much, you are not a candidate [for] treatment, 23 people live with hepatitis C and don’t die instantly.” Plaintiff also claims that staff has 24 turned “ill mannered towards [him], they are sarcastic when [he] ask[s] them something 25 about treatment,” and that they refer to him as a “complainer and whin[]er.” 26 27 when, on March 19, 2013, he was only allowed one phone call in an attempt to acquire a 28 JDDL-K In Count Three, Plaintiff claims his Fourteenth Amendment rights were violated civil attorney. Plaintiff claims that non-party Beddore told him that after he made one -3- 1 call he would have to find an attorney that accepts collect calls. Plaintiff also claims that 2 after requesting documents from “Medical” for legal purposes, he was told “talk to your 3 lawyer,” even though he explained that he is pro se. 4 5 Plaintiff seeks money damages. IV. Failure to State a Claim 6 To the extent that Plaintiff alleges in each of his claims that he is being denied 7 treatment for hepatitis C, the Court notes that Plaintiff has raised these claims in his 8 previously filed and still pending case, CV 12-1287. Accordingly, the Court will not re- 9 address those claims in this case. 10 A. 11 To state a valid claim under § 1983, plaintiffs must allege that they suffered a 12 specific injury as a result of specific conduct of a defendant and show an affirmative link 13 between the injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 14 371-72, 377 (1976). Plaintiff has failed to link any of his injuries with the named 15 Defendants. Plaintiff simply describes a series of events carried out by unspecified 16 individuals or “staff,” and lists Defendants’ names at the end of the claim. This is 17 insufficient to state a claim; Plaintiff must allege what each individual defendant did or 18 failed to do that violated his constitutional rights. Failure to Link Injuries with Defendants 19 20 Prisoners have a First Amendment right to file prison grievances, Rhodes v. 21 Robinson, 408 F.3d 559, 567 (9th Cir. 2005), but “[t]here is no legitimate claim of 22 entitlement to a grievance procedure,” Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 23 1988), and the failure to follow grievance procedures does not give rise to a due process 24 claim. See Flournoy v. Fairman, 897 F. Supp. 350, 354 (N.D. Ill. 1995) (jail grievance 25 procedures did not create a substantive right enforceable under § 1983); Spencer v. 26 Moore, 638 F. Supp. 315, 316 (E.D. Mo. 1986) (violations of grievance system 27 procedures do not deprive inmates of constitutional rights). “[N]o constitutional right 28 JDDL-K B. was violated by the defendants’ failure, if any, to process all of the grievances [plaintiff] Count One -4- 1 2 3 submitted for consideration.” Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993). Accordingly, Plaintiff’s allegations that jail staff failed to follow grievance procedures fail to state a claim. 4 C. 5 A viable claim of First Amendment retaliation contains five basic elements: (1) an 6 assertion that a state actor took some adverse action against an inmate (2) because of 7 (3) that prisoner’s protected conduct, and that such action (4) chilled the inmate’s 8 exercise of his First Amendment rights (or that the inmate suffered more than minimal 9 harm) and (5) did not reasonably advance a legitimate correctional goal. Rhodes v. 10 Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005); see also Hines v. Gomez, 108 F.3d 265, 11 267 (9th Cir. 1997) (retaliation claims requires an inmate to show (1) that the prison 12 official acted in retaliation for the exercise of a constitutionally protected right, and 13 (2) that the action “advanced no legitimate penological interest”). The plaintiff has the 14 burden of demonstrating that his exercise of his First Amendment rights was a substantial 15 or motivating factor behind the defendants’ conduct. Mt. Healthy City School Dist. Bd. of 16 Educ. v. Doyle, 429 U.S. 274, 287 (1977); Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 17 1310, 1314 (9th Cir. 1989). Count Two 18 Plaintiff has not alleged facts showing that the conduct of which he complains was 19 motivated by the exercise of his First Amendment rights. Moreover, “ill mannered” or 20 rude behavior is not “more than minimal harm.” Oltarzewski v. Ruggiero, 830 F.2d 136, 21 139 (9th Cir. 1987) (“Verbal harassment or abuse . . . is not sufficient to state a 22 constitutional deprivation under 42 U.S.C. ' 1983.”). Plaintiff has therefore failed to 23 state a claim in Count Two. 24 25 An inmate has no First Amendment right to access to a telephone. Valdez v. 26 Rosenbaum, 302 F.3d 1039, 1048 (9th Cir. 2002). Although the Ninth Circuit has at 27 various times stated that prisoners have a limited right of access to a telephone subject to 28 JDDL-K D. reasonable security limitations, those statements were dicta, and no opinion has identified Count Three -5- 1 the source of such a right. Id.; see, e.g., Halvorsen v. Baird, 146 F.3d 680, 689 (9th Cir. 2 1998); Keenan v. Hall, 83 F.3d 1083, 1092 (9th Cir. 1996); Johnson v. California, 207 3 F.3d 650, 656 (9th Cir. 2000); Strandberg v. City of Helena, 791 F.2d 744, 747 (9th Cir. 4 1986). 5 The Ninth Circuit “‘sensibly and expansively’ define[s] the First Amendment right 6 at issue . . . as the right to communicate with persons outside prison walls. Use of a 7 telephone provides a means of exercising this right.” Id. at 1048 (emphasis in original). 8 Plaintiff alleges that he was prevented from making more than one phone call to a civil 9 attorney, but he does not allege that he was prohibited from using other means of 10 communication. Accordingly, these allegations fail to state a claim. 11 With respect to Plaintiff’s claim that he has been denied medical records for legal 12 purposes or other legal materials, he has failed to link these allegations to a particular 13 defendant and has therefore failed to state a claim. 14 V. Leave to Amend 15 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to 16 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 17 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 18 mail Plaintiff a court-approved form to use for filing a first amended complaint. If 19 Plaintiff fails to use the court-approved form, the Court may strike the amended 20 complaint and dismiss this action without further notice to Plaintiff. 21 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 22 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 23 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 24 do; (4) how the action or inaction of that Defendant is connected to the violation of 25 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 26 that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 27 28 JDDL-K Plaintiff must repeat this process for each person he names as a Defendant. If Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific -6- 1 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 2 failure to state a claim. 3 Defendants have violated a constitutional right are not acceptable and will be 4 dismissed. Conclusory allegations that a Defendant or group of 5 Plaintiff must clearly designate on the face of the document that it is the “First 6 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 7 entirety on the court-approved form and may not incorporate any part of the original 8 Complaint by reference. Plaintiff may include only one claim per count. 9 A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 10 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 11 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat an original 12 complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised 13 in the original complaint is waived if it is not raised in a first amended complaint. King v. 14 Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). 15 VI. Warnings 16 A. 17 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his 18 release. Also, within 30 days of his release, he must either (1) notify the Court that he 19 intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to 20 comply may result in dismissal of this action. Release 21 B. 22 Plaintiff must file and serve a notice of a change of address in accordance with 23 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 24 for other relief with a notice of change of address. Failure to comply may result in 25 dismissal of this action. Address Changes 26 27 Plaintiff must submit an additional copy of every filing for use by the Court. See 28 JDDL-K C. LRCiv 5.4. Failure to comply may result in the filing being stricken without further Copies -7- 1 notice to Plaintiff. 2 D. 3 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 4 fails to file an amended complaint correcting the deficiencies identified in this Order, the 5 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 6 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 7 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more 8 prior occasions, while incarcerated or detained in any facility, brought an action or appeal 9 in a court of the United States that was dismissed on the grounds that it is frivolous, 10 malicious, or fails to state a claim upon which relief may be granted, unless the prisoner 11 is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Possible “Strike” 12 E. 13 If Plaintiff fails to timely comply with every provision of this Order, including 14 these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 15 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 16 order of the Court). 17 IT IS ORDERED: Possible Dismissal 18 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 19 (2) As required by the accompanying Order to the appropriate government 20 agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial 21 filing fee. 22 (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 23 has 30 days from the date this Order is filed to file a first amended complaint in 24 compliance with this Order. 25 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 26 Court must, without further notice, enter a judgment of dismissal of this action with 27 prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g). 28 JDDL-K -8- 1 2 3 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Dated this 26th day of June, 2013. 4 5 6 7 8 9 10 11 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) G Defendant(s). 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: 1. Parties: v. 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) . . c. Third prior lawsuit: 1. Parties: v. 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) . . If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page. 2 D. CAUSE OF ACTION 1. COUNT I State the constitutional or other federal civil right that was violated: . 2. Count I. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count I. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count I? G Yes G No c. Did you appeal your request for relief on Count I to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . 3 1. COUNT II State the constitutional or other federal civil right that was violated: . 2. Count II. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count II. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count II? G Yes G No c. Did you appeal your request for relief on Count II to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . 4 1. COUNT III State the constitutional or other federal civil right that was violated: . 2. Count III. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count III. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count III? G Yes G No G Yes G No c. Did you appeal your request for relief on Count III to the highest level? d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page. 5 E. REQUEST FOR RELIEF State the relief you are seeking: . I declare under penalty of perjury that the foregoing is true and correct. Executed on DATE SIGNATURE OF PLAINTIFF (Name and title of paralegal, legal assistant, or other person who helped prepare this complaint) (Signature of attorney, if any) (Attorney’s address & telephone number) ADDITIONAL PAGES All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number all pages. 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?