Jackson v. Ryan et al

Filing 10

ORDER - Plaintiffs Application to Proceed In Forma Pauperis (Doc. 8 ) is granted. The First Amended Complaint (Doc. 6 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. If Plaintiff fails to file a second 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 the dismissa l may count as a "strike" under 28 U.S.C. § 1915(g). Plaintiff's Motion for a Temporary Restraining Order (Doc. 7 ) is denied as moot. (See document for further details). Signed by Senior Judge Robert C Broomfield on 10/28/13. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anthony Jackson,

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No. CV 13-630-PHX-RCB (LOA)
Plaintiff,

vs.

ORDER

Charles Ryan, et al.,
Defendants.

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On March 28, 2013, Plaintiff Anthony Jackson, who is confined in the Arizona

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State Prison Complex-Lewis in Buckeye, Arizona, filed a “Notice of Intention to File

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Tort Claim” (Doc. 1). On June 24, 2013, he filed a “Notice to Court,” in which he states

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that he made a mistake and “will be filing a 42 USC 1983 Civil Rights Complaint.”

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In a July 17, 2013 Order, the Court noted that Plaintiff had not paid the $350.00

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filing fee or filed an Application to Proceed In Forma Pauperis. The Court gave Plaintiff

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30 days to either pay the filing fee or file a complete Application to Proceed. In addition,

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the Court construed the “Notice of Intention to File Tort Claim” as a “Complaint” and

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dismissed it because it was not filed on a court-approved form, as required by Local Rule

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of Civil Procedure 3.4. The Court gave Plaintiff 30 days to file an amended complaint on

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a court-approved form.

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§ 1983 (Doc. 6), a Motion for a Temporary Restraining Order (Doc. 7), and an

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JDDL-K

On July 31, 2013, Plaintiff filed a First Amended Complaint pursuant to 42 U.S.C.

Application to Proceed In Forma Pauperis (Doc. 8).

The Court will grant the

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Application to Proceed, will dismiss the First Amended Complaint with leave to amend,

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and will deny without prejudice the Motion for a Temporary Restraining Order.

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I.

Application to Proceed In Forma Pauperis and Filing Fee

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

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

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The Court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). The

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statutory fee will be collected monthly in payments of 20% of the previous month’s

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income each time the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2).

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The Court will enter a separate Order requiring the appropriate government agency to

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collect and forward the fees according to the statutory formula.

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II.

Statutory Screening of Prisoner Complaints

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

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against a governmental entity or an officer or an employee of a governmental entity. 28

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U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff

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has raised claims that are legally frivolous or malicious, that fail to state a claim upon

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which relief may be granted, or that seek monetary relief from a defendant who is

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immune from such relief. 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

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does not demand detailed factual allegations, “it demands more than an unadorned, the-

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defendant-unlawfully-harmed-me accusation.”

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(2009). “Threadbare recitals of the elements of a cause of action, supported by mere

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conclusory statements, do not suffice.” Id.

Ashcroft v. Iqbal, 556 U.S. 662, 678

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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

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

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

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

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claim for relief [is] . . . a context-specific task that requires the reviewing court to draw

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on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s

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specific factual allegations may be consistent with a constitutional claim, a court must

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assess whether there are other “more likely explanations” for a defendant’s conduct. Id.

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at 681.

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

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

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342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less

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stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v.

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Pardus, 551 U.S. 89, 94 (2007) (per curiam)).

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

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facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal

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

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Court should not, however, advise the litigant how to cure the defects. This type of

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advice “would undermine district judges’ role as impartial decisionmakers.” Pliler v.

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Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to

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decide whether the court was required to inform a litigant of deficiencies). The Court

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will dismiss Plaintiff’s Complaint for failure to state a claim, but because the Complaint

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may possibly be saved by amendment, will dismiss the Complaint with leave to amend.

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III.

First Amended Complaint

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In his four-count First Amended Complaint, Plaintiff sues the following

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Defendants: Deputy Warden Kimberly Currier, S.S.U. Sergeants Kindall and King,

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Correctional Officer (CO) IV Baca, Sergeants Grant and Hilbun, and CO IIs Hodges,

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Rohror, King, and Roberts.

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Plaintiff asserts that an inmate attempted to extort him and another inmate and threatened

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them with bodily harm and death if they did not agree to help facilitate bringing

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JDDL-K

In Count One, Plaintiff alleges that his Eighth Amendment rights were violated.

contraband into the prison. Plaintiff claims that “an attempt was made [by someone] to

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provide notice to [Defendants Kindall and Sergeant King through] the inmate letter

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system, but “no response was ever received from either of them” and they did not “call

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Plaintiff in.” Plaintiff states that the inmate’s threats escalated, Plaintiff was told by

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someone that “disciplinary action would be written and forwarded with documents to

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insure that the issue would be brought to the attention of appropriate staff,” but staff was

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warned by someone that Plaintiff’s life would be in danger if he remained on the unit.

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Plaintiff states that Defendant Currier failed to transfer Plaintiff to a different unit after

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she was “notified of such actions.” Plaintiff alleges that he suffered mental anguish.

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In Count Two, Plaintiff alleges violations of his First, Fifth, Eighth, and

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Fourteenth Amendment rights. Plaintiff claims that during a visit with his family, he

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gave someone “the written plans from the prisoners who were behind threats related to

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bringing contraband into prison.” Plaintiff states that he told a visitation officer that he

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did not know who to trust because a correctional officer “was telling other inmates who

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was snitching” and, therefore, Plaintiff “would prefer not to explain all the details related

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to the documents he was turning over.” Plaintiff states that he “asked and hoped that the

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documents would be turned over to the appropriate staff.”

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Defendant Currier “has indefinitely and permanently denied Plaintiff visitation and phone

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privileges as a result of the above in retaliation.” Plaintiff claims he is suffering mental

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anguish and duress and is being kept from his family.

Plaintiff contends that

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regarding disciplinary proceedings. He claims that he told prison staff that his life was in

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danger, they told him to return to a unit, and he informed them that he could not because

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he had “do not house issues” in that unit. Plaintiff contends that at that point, Defendants

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Baca, Grant, and Hilbun placed Plaintiff on report for refusing to house. Plaintiff states

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that Defendant Baca subsequently asked Plaintiff again to return to the unit, Plaintiff

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stated that his life was in danger in that unit, and Defendant Baca again placed Plaintiff

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on report for refusing to house. Plaintiff asserts that Defendant Atwood found Plaintiff

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In Count Three, Plaintiff alleges that his Eighth Amendment rights were violated

guilty, without allowing Plaintiff to call witnesses or submit witness statements. Plaintiff

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claims he lost “all privileges including very limited access to commissary, [was] placed

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in a detention unit, [and had] no library access.”

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In Count Four, Plaintiff alleges a violation of his Fifth and Fourteenth

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Amendment rights regarding his property. Plaintiff asserts that when he was moved on

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several occasions, his property was not properly inventoried, and some of it was lost.

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Plaintiff claims that Defendants Roberts, Hodges, CO II King, and Rohror never gave

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him inventory sheets and that Defendant Robert stated in a grievance report that Plaintiff

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could not pursue the grievance process further because he was “[out] of time frames.”

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Plaintiff asserts that Defendant Baca advised Defendant Robert to say this and that “[a]s a

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result of this[,] it is almost impossible for [Plaintiff] to receive payment as replacement of

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the lost property.”

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In his Request for Relief, Plaintiff seeks monetary damages, his costs of suit, and

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the following injunctive relief: to be transferred to the Minnesota prison system and to

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“reinstate phone and visits, replace missing property or reimburse money, vacate all

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disciplinary, give back any good time and reinstate parole class 3, retrain staff not to

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interfere with grievances, reinstate Phase III, [and] back pay.”

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IV.

Failure to State a Claim

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

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

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

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Further, a liberal interpretation of a civil rights complaint may not supply essential

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elements of the claim that were not initially pled. Id.

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An Eighth Amendment claim requires a sufficiently culpable state of mind by the

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Defendants, known as “deliberate indifference.” Farmer v. Brennan, 511 U.S. 825, 834

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(1994). Deliberate indifference is a higher standard than negligence or lack of ordinary

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due care for the prisoner’s safety. Id. at 835. To state a claim of deliberate indifference,

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JDDL-K

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plaintiffs must meet a two-part test. First, the alleged constitutional deprivation must be,

Count One

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objectively, “sufficiently serious”; the official’s act or omission must result in the denial

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of “the minimal civilized measure of life’s necessities.” Id. at 834. Second, the prison

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official must have a “sufficiently culpable state of mind,” i.e., he must act with deliberate

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indifference to inmate health or safety. Id. In defining “deliberate indifference” in this

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context, the Supreme Court has imposed a subjective test: “the official must both be

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aware of facts from which the inference could be drawn that a substantial risk of serious

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harm exists, and he must also draw the inference.”

Id. at 837 (emphasis added).

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Plaintiff’s allegations, therefore, are too vague and conclusory to state a deliberate

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indifference claim. Plaintiff does not identify when the events described in Count One

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allegedly occurred. Nor does he allege whether an inmate letter was actually submitted

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to Defendants Kindall and Sergeant King, and, if it was, who submitted it or what it

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stated.

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deliberately indifferent to a substantial risk to Plaintiff’s safety. Specifically, Plaintiff

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does not indicate whether Defendants Kindall and Sergeant King actually received the

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letter, whether they completely disregarded the letter, whether they took no action at all

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as a result of the letter, whether their failure to respond or “call Plaintiff in” was more

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than mere negligence, or whether they investigated the issue and did not respond because

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they determined that no substantial risk to his safety existed.

Plaintiff does not claim that Defendants Kindall and Sergeant King were

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Similarly, Plaintiff does not identify the actions about which Defendant Currier

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was notified and does not allege that Defendant Currier was deliberately indifferent. He

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does not claim that she failed to act; he simply alleges that she did not transfer him. Nor

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does he indicate whether she completely disregarded the information, whether her failure

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to transfer him was more than mere negligence, or whether she investigated the issue and

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did not transfer Plaintiff because she determined that no substantial risk to his safety

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existed. The Court also notes that Plaintiff is not currently confined in the unit in which

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he was threatened and that Plaintiff does not allege that he was injured at all by the

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inmate.

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JDDL-K

Thus, the Court will dismiss without prejudice Count One.

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B.

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Plaintiff’s allegations in Count Two are vague and conclusory and virtually

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incomprehensible. To the extent Plaintiff is claiming that Defendant Currier denied him

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phone and visitation privileges in retaliation for Plaintiff attempting to hand-deliver

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documents to a visitor, he has failed to state a claim. A viable claim of First Amendment

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retaliation contains five basic elements: (1) an assertion that a state actor took some

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adverse action against an inmate (2) because of (3) that prisoner’s protected conduct, and

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that such action (4) chilled the inmate’s exercise of his First Amendment rights (or that

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the inmate suffered more than minimal harm) and (5) did not reasonably advance a

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legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005);

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see also Hines v. Gomez, 108 F.3d 265, 267 (9th Cir. 1997) (retaliation claims requires an

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inmate to show (1) that the prison official acted in retaliation for the exercise of a

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constitutionally protected right, and (2) that the action “advanced no legitimate

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penological interest”). The plaintiff has the burden of demonstrating that his exercise of

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his First Amendment rights was a substantial or motivating factor behind the defendants’

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conduct. Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977);

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Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 (9th Cir. 1989).

Count Two

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Plaintiff does not allege that attempting to hand-deliver documents to a prison

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visitor is protected conduct or that Defendant Currier’s actions did not advance a

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legitimate penological goal such as maintaining institutional security and internal order

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and discipline.

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institutional security and preserving internal order and discipline are essential goals that

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may require limitation or retraction of the retained constitutional rights of both convicted

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prisoners and pretrial detainees.”).

See Bell v. Wolfish, 441 U.S. 520, 546 (1979)

(“[M]aintaining

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incarceration. Some curtailment of that freedom must be expected in the prison context.”

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Overton v. Bazzetta, 539 U.S. 126, 131 (2003) (internal citation omitted). “[A] prison

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In addition, “freedom of association is among the rights least compatible with

inmate retains those First Amendment rights that are not inconsistent with his status as a

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prisoner or with the legitimate penological objectives of the corrections system.” Pell v.

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Procunier, 417 U.S. 817, 822 (1974). Thus, a prison can “adopt regulations which

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impinge on an inmate’s constitutional rights if those regulations are ‘reasonably related to

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legitimate penological interests.’” Witherow v. Paff, 52 F.3d 264, 265 (9th Cir. 1995)

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(quoting Turner v. Safley, 482 U.S. 78, 89 (1987)). Plaintiff does not allege that the

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limitations on his visitation and phone privileges are not reasonably related to legitimate

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penological interests.

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Finally, to the extent Plaintiff is attempting to raise an Eighth Amendment claim in

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Count Two, he has failed to state a claim because his vague and conclusory allegations do

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not support a claim that Defendant Currier acted with deliberate indifference to his health

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or safety.

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C.

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In his Request for Relief, Plaintiff seeks, among other things, for his disciplinary

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proceedings or sanctions to be vacated and for his good time credits and parole class

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three to be reinstated. “[A] state prisoner seeking injunctive relief against the denial or

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revocation of good-time credits must proceed in habeas corpus, and not under § 1983.”

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Nonnette v. Small, 316 F.3d 872, 875 (9th Cir. 2002). In addition, if a judgment for

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Plaintiff regarding the denial of due process in a prison disciplinary proceeding would

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invalidate or imply the invalidity of the deprivation of good-time credits, the claim is

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barred under Heck v. Humphrey, 512 U.S. 477 (1994), unless Plaintiff can show that the

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disciplinary conviction has been previously invalidated. See Edwards v. Balisok, 520

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U.S. 641, 646-48 (1997); Heck, 512 U.S. at 486-87; Nonnette, 316 F.3d at 875. See also

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Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005) (“[A] state prisoner’s § 1983 action is

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barred (absent prior invalidation)–no matter the relief sought (damages or equitable

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relief), no matter the target of the prisoner’s suit (state conduct leading to conviction or

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internal prison proceedings)–if success in that action would necessarily demonstrate the

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JDDL-K

Thus, the Court will dismiss without prejudice Count Two.

invalidity of confinement or its duration.”).

Count Three

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Here, Plaintiff’s claim, if decided in his favor, would either invalidate or imply the

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invalidity of the loss of his good time credits. Because Plaintiff has not demonstrated that

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his prison disciplinary proceedings have been reversed, expunged, declared invalid, or

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called into question by a federal court’s issuance of a writ of habeas corpus, his claim is

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barred by Heck. Therefore, the Court will dismiss Count Three.

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D.

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The “Due Process Clause is simply not implicated by a negligent act of an official

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causing unintended loss of or injury to life, liberty, or property.” Daniels v. Williams,

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474 U.S. 327, 328 (1986). Moreover, even unauthorized and intentional deprivations of

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property do not constitute a violation of procedural requirements of the Due Process

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Clause if a meaningful post-deprivation remedy for the loss is available. Hudson v.

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Palmer, 468 U.S. 517, 533 (1984).

Count Four

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A prison grievance procedure for property loss claims can provide an adequate

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post-deprivation remedy. See Al-Ra’id v. Ingle, 69 F.3d 28, 32 (5th Cir. 1995). It

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appears that Plaintiff used the inmate grievance system to seek reimbursement for his

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property loss. He does not claim the system was inadequate; he is just unhappy with the

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result. This is insufficient to state a claim. But even if the prison’s grievance system was

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an inadequate post-deprivation remedy, Plaintiff still had an adequate post-deprivation

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remedy in the Arizona state courts. See Howland v. State, 818 P.2d 1169, 1172-73 (Ariz.

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App. 1991) (the prisoner failed to state a due process claim where Arizona law provided

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an available state tort remedy to recover the value of his property). Thus, Plaintiff has

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failed to state a due process claim regarding the loss of his property. The Court will

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dismiss without prejudice Count Four.

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V.

Leave to Amend

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for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff

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may submit a second amended complaint to cure the deficiencies outlined above. The

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

Clerk of Court will mail Plaintiff a court-approved form to use for filing a second

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amended complaint. If Plaintiff fails to use the court-approved form, the Court may

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strike the second amended complaint and dismiss this action without further notice to

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Plaintiff.

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

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

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

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Complaint or First Amended Complaint by reference. Plaintiff may include only one

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claim per count.

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A second amended complaint supersedes the original Complaint and First

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

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

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amendment, the Court will treat the original Complaint and First Amended Complaint as

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

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original Complaint or First Amended complaint is waived if it is not raised in a second

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

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VI.

Motion for a Temporary Restraining Order

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relief of the same character as which may be granted finally, and relief is not proper when

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requested on matters lying wholly outside the issues in suit. See DeBeers Consol. Mines

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v. United States., 325 U.S. 212, 220 (1945); Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43

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(11th Cir.), amended, 131 F.3d 950 (11th Cir. 1997). To obtain injunctive relief, the

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party “must necessarily establish a relationship between the injury claimed in the party’s

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motion and the conduct asserted in the complaint.” Devose v. Herrington, 42 F.3d 470,

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471 (8th Cir. 1994). Because the Court has dismissed the First Amended Complaint, the

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Court will deny as moot Plaintiff’s Motion for a Temporary Restraining Order.

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....

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....

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An injunction or temporary restraining order is appropriate to grant intermediate

....

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VII.

Warnings

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A.

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

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

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intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to

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comply may result in dismissal of this action.

Release

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B.

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

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

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for other relief with a notice of change of address. Failure to comply may result in

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dismissal of this action.

Address Changes

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C.

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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

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notice to Plaintiff.

Copies

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

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claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies

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identified in this Order, the dismissal may count as a “strike” under the “3-strikes”

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provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring

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a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the

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prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility,

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brought an action or appeal in a court of the United States that was dismissed on the

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grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be

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granted, unless the prisoner is under imminent danger of serious physical injury.” 28

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U.S.C. § 1915(g).

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....

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D.

....

Possible “Strike”

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E.

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

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these warnings, the Court may dismiss this action without further notice. See Ferdik, 963

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F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any

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order of the Court).

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IT IS ORDERED:

Possible Dismissal

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(1)

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

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(2)

As required by the accompanying Order to the appropriate government

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agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial

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filing fee.

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(3)

The First Amended Complaint (Doc. 6) 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 second amended

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complaint in compliance with this Order.

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(4)

If Plaintiff fails to file a second amended complaint within 30 days, the

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

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with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C.

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§ 1915(g).

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(5)

Plaintiff’s Motion for a Temporary Restraining Order (Doc. 7) is denied as

(6)

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

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moot.

civil rights complaint by a prisoner.
DATED this 28th day of October, 2013.

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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.
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.

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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.

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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.

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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.

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