Newsome v. Arizona Department of Corrections et al

Filing 13

ORDER the 11 First Amended Complaint 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 comply, the Clerk o f 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 must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Stephen M McNamee on 10/27/2014. (LFIG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Thomas Eliss Newsome, 10 11 12 No. CV 13-1187-PHX-SMM (JFM) Plaintiff, vs. ORDER Arizona Department of Corr., et al., 13 Defendants. 14 15 Plaintiff Thomas Eliss Newsome, who is now confined in the South Idaho 16 Correctional Institution in Boise, Idaho, filed a pro se civil rights Complaint under 42 17 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis.1 (Doc. 1, 2.) Because 18 the in forma pauperis application submitted by Plaintiff did not substantially comply with 19 this District’s approved form, the Court denied the application in an August 12, 2013 20 Order and gave Plaintiff 30 days to pay the filing and administrative fees or file a 21 complete Application to Proceed In Forma Pauperis. (Doc. 5.) On August 27, 2013, 22 Plaintiff submitted a six-month trust account statement and the second page of a new 23 Application to Proceed In Forma Pauperis. (Doc. 6.) However, on October 11, 2013, 24 the Clerk of Court entered judgment. (Doc. 7.) In an Order filed on January 30, 2014, 25 the Court construed Plaintiff’s filing on August 27, 2013 as a new in forma pauperis 26 27 28 JDDL-K 1 Information available online reflects that Plaintiff is serving a sentence for misappropriation of personal identifying information in Ada, Idaho, case CR10-7294. See http://www.idoc.idaho.gov/content/prisons/offender_search/detail/104312 (last visited Oct. 24, 2014). 1 application and vacated the October 11, 2013 entry of judgment based on Plaintiff’s 2 substantial compliance with the Court’s August 12, 2013 order. (Doc. 8.) The Court 3 granted Plaintiff leave to proceed in forma pauperis, but dismissed the Complaint for 4 failure to state a claim with leave to amend. (Id.) 5 Plaintiff has filed a First Amended Complaint. (Doc. 11.) The Court will dismiss 6 the First Amended Complaint for failure to state a claim with leave to amend. 7 I. Statutory Screening of Prisoner Complaints 8 The Court is required to screen complaints brought by prisoners seeking relief 9 against a governmental entity or an officer or an employee of a governmental entity. 28 10 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 11 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 12 which relief may be granted, or that seek monetary relief from a defendant who is 13 immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 14 A pleading must contain a “short and plain statement of the claim showing that the 15 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 16 does not demand detailed factual allegations, “it demands more than an unadorned, the- 17 defendant-unlawfully-harmed-me accusation.” 18 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 19 conclusory statements, do not suffice.” Id. Ashcroft v. Iqbal, 556 U.S. 662, 678 20 21 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 22 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual 23 content that allows the court to draw the reasonable inference that the defendant is liable 24 for the misconduct alleged.” Id. “Determining whether a complaint states a plausible 25 claim for relief [is] . . . a context-specific task that requires the reviewing court to draw 26 on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s 27 specific factual allegations may be consistent with a constitutional claim, a court must 28 JDDL-K “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a assess whether there are other “more likely explanations” for a defendant’s conduct. Id. -2- 1 at 681. 2 But as the United States Court of Appeals for the Ninth Circuit has instructed, 3 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 4 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 5 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 6 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). 7 If the Court determines that a pleading could be cured by the allegation of other 8 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 9 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 10 Plaintiff’s First Amended Complaint will be dismissed failure to state a claim, but 11 because it may possibly be amended to state a claim, the Court will dismiss it with leave 12 to amend. 13 II. First Amended Complaint 14 Plaintiff alleges three counts for denial of constitutionally adequate medical care 15 after he was injured at an Arizona Department of Corrections (ADC) facility. Plaintiff 16 sues Nurse Practitioner Jane Doe, Caseworker Povich, Warden John Doe, and Medical 17 Director Doe. Plaintiff appears to seek injunctive and compensatory relief. 18 To the extent that the First Amended Complaint is legible, Plaintiff appears to 19 complain of Defendants’ failure(s) to provide medical treatment for serious injuries to his 20 neck and back, particularly while he was transported from Arizona to Idaho.2 Although 21 unclear, he appears to allege the following: Plaintiff suffered a serious orthopedic injury 22 while incarcerated by ADC, apparently in the East Unit. He indicates that a warden or 23 24 25 assistant warden photographed the area where Plaintiff was injured and the condition of the floor. Treatment scheduled by an orthopedic surgeon and neurologist in Arizona were delayed, or cancelled, by Plaintiff’s extradition from Arizona to Idaho, which took 26 27 2 28 JDDL-K LRCiv. 3.4 provides that all complaints by incarcerated persons must be legibly written or typewritten. The Court may strike or dismiss complaints that do not substantively conform with the Local Rules. -3- 1 about 20 days. The company that transported Plaintiff was not provided instructions or 2 medical supplies for Plaintiff’s medical condition(s) during transit and Idaho prison 3 officials were not informed of Plaintiff’s medical condition(s). Plaintiff contends that 4 ADC medical staff failed to arrange for medical care while he was being transported. 5 Plaintiff alleges that his medical condition worsened as a result causing numbness in his 6 7 legs and pain in his back and neck. III. Failure to State a Claim 8 To state a claim under § 1983, a plaintiff must allege facts supporting that (1) the 9 conduct about which he complains was committed by a person acting under the color of 10 state law and (2) the conduct deprived him of a federal constitutional or statutory right. 11 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989). In addition, a plaintiff must 12 allege that he suffered a specific injury as a result of the conduct of a particular defendant 13 and he must allege an affirmative link between the injury and the conduct of that 14 defendant. Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). 15 A. Doe Defendants 16 Plaintiff sues Defendants who are only identified fictitiously. Rule 10(a) of the 17 Federal Rules of Civil Procedure requires the plaintiff to include the names of the parties 18 in the action. As a practical matter, it is impossible in most instances for the United 19 States Marshal or his designee to serve a summons and complaint or amended complaint 20 upon an anonymous defendant. 21 22 complaint, the plaintiff should be given an opportunity through discovery to identify the 23 unknown defendants, unless it is clear that discovery would not uncover the identities, or 24 that the complaint would be dismissed on other grounds. Wakefield v. Thompson, 177 25 F.3d 1160, 1163 (9th Cir. 1999) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 26 1980)). Where the names of individual defendants are unknown at the time a complaint 27 is filed, a plaintiff may refer to the individual unknown defendants as Defendant John (or 28 JDDL-K The Ninth Circuit has held that where identity is unknown prior to the filing of a Jane) Doe 1, John Doe 2, and so on, and allege facts to support how each particular Doe -4- 1 defendant violated the plaintiff’s constitutional rights. A plaintiff may thereafter use the 2 discovery process to obtain the names of fictitiously-named defendants whom he believes 3 violated his constitutional rights and seek leave to amend to name those defendants. 4 In this case, Plaintiff sues three Doe Defendants. However, his First Amended 5 Complaint does not appear to include allegations against any of them to the extent that 6 the First Amended Complaint is legible. 7 amended complaint that is legibly written. In his amended complaint, he should allege 8 when, where, and how he was injured and describe his injuries. Plaintiff should name as 9 defendants the person(s) who allegedly violated his constitutional rights. If Plaintiff does 10 not know the names of a defendant, Plaintiff may refer to each such person by a fictitious 11 name, e.g., John Doe 1, John Doe 2, and so on and allege facts to support how each 12 defendant violated his constitutional rights. That is, Plaintiff must allege when, where, 13 and how any Doe defendant violated his constitutional rights. Because Plaintiff fails to 14 allege facts to support that the Doe Defendants violated his constitutional rights, Plaintiff 15 fails to state a claim against that those Defendants and they will be dismissed. Plaintiff will be granted leave to file an 16 B. 17 Plaintiff seeks relief for denial of constitutionally-adequate care. Not every claim 18 by a prisoner relating to inadequate medical treatment states a violation of the Eighth or 19 Fourteenth Amendment. To state a § 1983 medical claim, a plaintiff must show that the 20 defendants acted with “deliberate indifference to serious medical needs.” Jett v. Penner, 21 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104 22 (1976)). A plaintiff must show (1) a “serious medical need” by demonstrating that failure 23 to treat the condition could result in further significant injury or the unnecessary and 24 wanton infliction of pain and (2) the defendant’s response was deliberately indifferent. 25 Jett, 439 F.3d at 1096 (quotations omitted). Medical Care 26 27 1051, 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must 28 JDDL-K “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d both know of and disregard an excessive risk to inmate health; “the official must both be -5- 1 aware of facts from which the inference could be drawn that a substantial risk of serious 2 harm exists, and he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 3 837 (1994). 4 purposeful act or failure to respond to a prisoner’s pain or possible medical need and 5 harm caused by the indifference. Jett, 439 F.3d at 1096. Deliberate indifference may 6 also be shown when a prison official intentionally denies, delays, or interferes with 7 medical treatment or by the way prison doctors respond to the prisoner’s medical needs. 8 Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096. Deliberate indifference in the medical context may be shown by a 9 Deliberate indifference is a higher standard than negligence or lack of ordinary 10 due care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor 11 gross negligence will constitute deliberate indifference.” Clement v. California Dep’t of 12 Corr., 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter Labs., 13 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or 14 “medical malpractice” do not support a claim under § 1983). “A difference of opinion 15 does not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” 16 Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, 17 without more, is insufficient to state a claim against prison officials for deliberate 18 indifference. See Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 19 (9th Cir. 1985). The indifference must be substantial. The action must rise to a level of 20 “unnecessary and wanton infliction of pain.” Estelle, 429 U.S. at 105. 21 22 during his transportation from Arizona and Idaho, which he apparently attributes to the 23 Defendants. Generally, he also alleges that the Defendants failed to ensure that he would 24 not be further injured during the trip. However, Plaintiff fails to allege when and how he 25 was injured and how severely. Plaintiff does not indicate when he was transported to 26 Idaho or how soon after he was injured. He also fails to allege specific facts to support 27 that each of the Defendants knew, or should have known, that the failure to make 28 JDDL-K In all three counts, Plaintiff alleges that he was not provided medication or braces arrangements for his transportation in light of his injuries, posed an excessive risk to his -6- 1 health. 2 responsible for making such arrangements. For all of these reasons, Plaintiff fails to state 3 a claim for denial of constitutionally adequate medical care. 4 IV. He also fails to allege facts to support that any of the Defendants were Leave to Amend 5 For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed 6 for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff 7 may submit a second amended complaint to cure the deficiencies outlined above. The 8 Clerk of Court will mail Plaintiff a court-approved form to use for filing a second 9 amended complaint. If Plaintiff fails to use the court-approved form, the Court may 10 strike the second amended complaint and dismiss this action without further notice to 11 Plaintiff. 12 Plaintiff must clearly designate on the face of the document that it is the “Second 13 Amended Complaint.” The second amended complaint must be retyped or rewritten in 14 its entirety on the court-approved form and may not incorporate any part of the original 15 Complaint or First Amended Complaint by reference. Plaintiff may include only one 16 claim per count. 17 A second amended complaint supersedes the original Complaint and First 18 Amended Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal 19 Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After 20 amendment, the Court will treat the original Complaint and First Amended Complaint as 21 nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 22 original complaint or first amended complaint and that was voluntarily dismissed or was 23 dismissed without prejudice is waived if it is not alleged in a second amended complaint. 24 Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 25 V. Warnings 26 27 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his 28 JDDL-K A. release. Also, within 30 days of his release, he must either (1) notify the Court that he Release -7- 1 intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to 2 comply may result in dismissal of this action. 3 B. 4 Plaintiff must file and serve a notice of a change of address in accordance with 5 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 6 for other relief with a notice of change of address. Failure to comply may result in 7 dismissal of this action. Address Changes 8 C. 9 Plaintiff must submit an additional copy of every filing for use by the Court. See 10 LRCiv 5.4. Failure to comply may result in the filing being stricken without further 11 notice to Plaintiff. Copies 12 D. 13 Because the First Amended Complaint has been dismissed for failure to state a 14 claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies 15 identified in this Order, the dismissal may count as a “strike” under the “3-strikes” 16 provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring 17 a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the 18 prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 19 brought an action or appeal in a court of the United States that was dismissed on the 20 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be 21 granted, unless the prisoner is under imminent danger of serious physical injury.” 28 22 U.S.C. § 1915(g). Possible “Strike” 23 24 If Plaintiff fails to timely comply with every provision of this Order, including 25 these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 26 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 27 order of the Court). 28 JDDL-K E. /// Possible Dismissal -8- 1 2 IT IS ORDERED: (1) The First Amended Complaint (Doc. 11) is dismissed for failure to state a 3 claim. Plaintiff has 30 days from the date this Order is filed to file a second amended 4 complaint in compliance with this Order. 5 (2) If Plaintiff fails to file a second amended complaint within 30 days, the 6 Clerk of Court must, without further notice, enter a judgment of dismissal of this action 7 with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. 8 § 1915(g). 9 (3) 10 11 The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. DATED this 27th day of October, 2014. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDDL-K -9- Instructions for a Prisoner Filing a Civil Rights Complaint in the United States District Court for the District of Arizona 1. Who May Use This Form. The civil rights complaint form is designed to help incarcerated persons prepare a complaint seeking relief for a violation of their federal civil rights. These complaints typically concern, but are not limited to, conditions of confinement. This form should not be used to challenge your conviction or sentence. If you want to challenge a state conviction or sentence, you should file a petition under 28 U.S.C. § 2254 for a writ of habeas corpus by a person in state custody. If you want to challenge a federal conviction or sentence, you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered the judgment. 2. The Form. Local Rule of Civil Procedure (LRCiv) 3.4(a) provides that complaints by incarcerated persons must be filed on the court-approved form. The form must be typed or neatly handwritten. The form must be completely filled in to the extent applicable. All questions must be answered clearly and concisely in the appropriate space on the form. If needed, you may attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper. You must identify which part of the complaint is being continued and number all pages. If you do not fill out the form properly, you will be asked to submit additional or corrected information, which may delay the processing of your action. You do not need to cite law. 3. Your Signature. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. 4. The Filing Fee. The filing fee for this action is $350.00. If you are unable to immediately pay the filing fee, you may request leave to proceed in forma pauperis. Please review the “Information for Prisoners Seeking Leave to Proceed with a (Non-Habeas) Civil Action in Federal Court In Forma Pauperis Pursuant to 28 U.S.C. § 1915” for additional instructions. 5. Original and Judge’s Copy. You must send an original plus one copy of your complaint and of any other documents submitted to the Court. You must send one additional copy to the Court if you wish to have a file-stamped copy of the document returned to you. All copies must be identical to the original. Copies may be legibly handwritten. 6. Where to File. You should file your complaint in the division where you were confined when your rights were allegedly violated. See LRCiv 5.1(a) and 77.1(a). If you were confined in Maricopa, Pinal, Yuma, La Paz, or Gila County, file in the Phoenix Division. If you were confined in Apache, Navajo, Coconino, Mohave, or Yavapai County, file in the Prescott Division. If you were confined in Pima, Cochise, Santa Cruz, Graham, or Greenlee County, file in the Tucson Division. Mail the original and one copy of the complaint with the $350 filing fee or the application to proceed in forma pauperis to: Revised 3/9/07 1 Phoenix & Prescott Divisions: OR U.S. District Court Clerk U.S. Courthouse, Suite 130 401 West Washington Street, SPC 10 Phoenix, Arizona 85003-2119 Tucson Division: U.S. District Court Clerk U.S. Courthouse, Suite 1500 405 West Congress Street Tucson, Arizona 85701-5010 7. Change of Address. You must immediately notify the Court and the defendants in writing of any change in your mailing address. Failure to notify the Court of any change in your mailing address may result in the dismissal of your case. 8. Certificate of Service. You must furnish the defendants with a copy of any document you submit to the Court (except the initial complaint and application to proceed in forma pauperis). Each original document (except the initial complaint and application to proceed in forma pauperis) must include a certificate of service on the last page of the document stating the date a copy of the document was mailed to the defendants and the address to which it was mailed. See Fed. R. Civ. P. 5(a), (d). Any document received by the Court that does not include a certificate of service may be stricken. A certificate of service should be in the following form: I hereby certify that a copy of the foregoing document was mailed this (month, day, year) to: Name: Address: Attorney for Defendant(s) (Signature) 9. Amended Complaint. If you need to change any of the information in the initial complaint, you must file an amended complaint. The amended complaint must be written on the courtapproved civil rights complaint form. You may file one amended complaint without leave (permission) of Court before any defendant has answered your original complaint. See Fed. R. Civ. P. 15(a). After any defendant has filed an answer, you must file a motion for leave to amend and lodge (submit) a proposed amended complaint. LRCiv 15.1. In addition, an amended complaint may not incorporate by reference any part of your prior complaint. LRCiv 15.1(a)(2). Any allegations or defendants not included in the amended complaint are considered dismissed. All amended complaints are subject to screening under the Prison Litigation Reform Act; screening your amendment will take additional processing time. 10. Exhibits. You should not submit exhibits with the complaint or amended complaint. Instead, the relevant information should be paraphrased. You should keep the exhibits to use to support or oppose a motion to dismiss, a motion for summary judgment, or at trial. 11. Letters and Motions. It is generally inappropriate to write a letter to any judge or the staff of any judge. The only appropriate way to communicate with the Court is by filing a written pleading or motion. 2 12. Completing the Civil Rights Complaint Form. HEADING: 1. Your Name. Print your name, prison or inmate number, and institutional mailing address on the lines provided. 2. Defendants. If there are four or fewer defendants, print the name of each. If you name more than four defendants, print the name of the first defendant on the first line, write the words “and others” on the second line, and attach an additional page listing the names of all of the defendants. Insert the additional page after page 1 and number it “1A” at the bottom. 3. Jury Demand. If you want a jury trial, you must write “JURY TRIAL DEMANDED” in the space below “CIVIL RIGHTS COMPLAINT BY A PRISONER.” Failure to do so may result in the loss of the right to a jury trial. A jury trial is not available if you are seeking only injunctive relief. Part A. JURISDICTION: 1. Nature of Suit. Mark whether you are filing the complaint pursuant to 42 U.S.C. § 1983 for state, county, or city defendants; “Bivens v. Six Unknown Federal Narcotics Agents” for federal defendants; or “other.” If you mark “other,” identify the source of that authority. 2. Location. Identify the institution and city where the alleged violation of your rights occurred. 3. Defendants. Print all of the requested information about each of the defendants in the spaces provided. If you are naming more than four defendants, you must provide the necessary information about each additional defendant on separate pages labeled “2-A,” “2-B,” etc., at the bottom. Insert the additional page(s) immediately behind page 2. Part B. PREVIOUS LAWSUITS: You must identify any other lawsuit you have filed in either state or federal court while you were a prisoner. Print all of the requested information about each lawsuit in the spaces provided. If you have filed more than three lawsuits, you must provide the necessary information about each additional lawsuit on a separate page. Label the page(s) as “2-A,” “2B,” etc., at the bottom of the page and insert the additional page(s) immediately behind page 2. Part C. CAUSE OF ACTION: You must identify what rights each defendant violated. The form provides space to allege three separate counts (one violation per count). If you are alleging more than three counts, you must provide the necessary information about each additional count on a separate page. Number the additional pages “5-A,” “5-B,” etc., and insert them immediately behind page 5. Remember that you are limited to a total of fifteen additional pages. 3 1. Counts. You must identify which civil right was violated. You may allege the violation of only one civil right per count. 2. Issue Involved. Check the box that most closely identifies the issue involved in your claim. You may check only one box per count. If you check the box marked “Other,” you must identify the specific issue involved. 3. Supporting Facts. After you have identified which civil right was violated, you must state the supporting facts. Be as specific as possible. You must state what each individual defendant did to violate your rights. If there is more than one defendant, you must identify which defendant did what act. You also should state the date(s) on which the act(s) occurred, if possible. 4. Injury. State precisely how you were injured by the alleged violation of your rights. 5. Administrative Remedies. You must exhaust any available administrative remedies before you file a civil rights complaint. See 42 U.S.C. § 1997e. Consequently, you should disclose whether you have exhausted the inmate grievance procedures or administrative appeals for each count in your complaint. If the grievance procedures were not available for any of your counts, fully explain why on the lines provided. Part D. REQUEST FOR RELIEF: Print the relief you are seeking in the space provided. SIGNATURE: You must sign your name and print the date you signed the complaint. Failure to sign the complaint will delay the processing of your action. Unless you are an attorney, you may not bring an action on behalf of anyone but yourself. FINAL NOTE You should follow these instructions carefully. Failure to do so may result in your complaint being stricken or dismissed. All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number the pages. 4 Name and Prisoner/Booking Number Place of Confinement Mailing Address City, State, Zip Code (Failure to notify the Court of your change of address may result in dismissal of this action.) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA (Full Name of Plaintiff) Plaintiff, vs. (1) (Full Name of Defendant) (2) (3) (4) Defendant(s). G Check if there are additional Defendants and attach page 1-A listing them. ) , ) ) ) ) CASE NO. ) (To be supplied by the Clerk) , ) ) , ) CIVIL RIGHTS COMPLAINT ) , ) BY A PRISONER ) , ) G Original Complaint G First Amended Complaint ) ) G Second Amended Complaint A. JURISDICTION 1. 2. This Court has jurisdiction over this action pursuant to: G 28 U.S.C. § 1343(a); 42 U.S.C. § 1983 G 28 U.S.C. § 1331; Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). G Other: . Institution/city where violation occurred: . Revised 3/9/07 1 550/555 B. DEFENDANTS 1. Name of first Defendant: at . The first Defendant is employed as: . (Position and Title) 2. (Institution) Name of second Defendant: at . The second Defendant is employed as: . (Position and Title) 3. (Institution) Name of third Defendant: at . The third Defendant is employed as: . (Position and Title) 4. (Institution) Name of fourth Defendant: at . The fourth Defendant is employed as: . (Position and Title) (Institution) If you name more than four Defendants, answer the questions listed above for each additional Defendant on a separate page. C. PREVIOUS LAWSUITS 1. Have you filed any other lawsuits while you were a prisoner? 2. If yes, how many lawsuits have you filed? G Yes G No . Describe the previous lawsuits: a. First prior lawsuit: 1. Parties: v. 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) . . b. Second prior lawsuit: v. 1. Parties: 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) . . c. Third prior lawsuit: 1. Parties: v. 2. Court and case number: 3. Result: (Was the case dismissed? Was it appealed? Is it still pending?) . . If you filed more than three lawsuits, answer the questions listed above for each additional lawsuit on a separate page. 2 D. CAUSE OF ACTION 1. COUNT I State the constitutional or other federal civil right that was violated: . 2. Count I. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count I. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies: a. Are there any administrative remedies (grievance procedures or administrative appeals) available G Yes G No at your institution? b. Did you submit a request for administrative relief on Count I? G Yes G No c. Did you appeal your request for relief on Count I to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . 3 1. COUNT II State the constitutional or other federal civil right that was violated: . 2. Count II. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count II. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available at your institution? G Yes G No b. Did you submit a request for administrative relief on Count II? G Yes G No c. Did you appeal your request for relief on Count II to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . 4 1. COUNT III State the constitutional or other federal civil right that was violated: . 2. Count III. Identify the issue involved. Check only one. State additional issues in separate counts. G Basic necessities G Mail G Access to the court G Medical care G Disciplinary proceedings G Property G Exercise of religion G Retaliation G Excessive force by an officer G Threat to safety G Other: . 3. Supporting Facts. State as briefly as possible the FACTS supporting Count III. Describe exactly what each Defendant did or did not do that violated your rights. State the facts clearly in your own words without citing legal authority or arguments. . 4. Injury. State how you were injured by the actions or inactions of the Defendant(s). . 5. Administrative Remedies. a. Are there any administrative remedies (grievance procedures or administrative appeals) available G Yes G No at your institution? b. Did you submit a request for administrative relief on Count III? G Yes G No c. Did you appeal your request for relief on Count III to the highest level? G Yes G No d. If you did not submit or appeal a request for administrative relief at any level, briefly explain why you did not. . If you assert more than three Counts, answer the questions listed above for each additional Count on a separate page. 5 E. REQUEST FOR RELIEF State the relief you are seeking: . I declare under penalty of perjury that the foregoing is true and correct. Executed on DATE SIGNATURE OF PLAINTIFF (Name and title of paralegal, legal assistant, or other person who helped prepare this complaint) (Signature of attorney, if any) (Attorney’s address & telephone number) ADDITIONAL PAGES All questions must be answered concisely in the proper space on the form. If you need more space, you may attach no more than fifteen additional pages. But the form must be completely filled in to the extent applicable. If you attach additional pages, be sure to identify which section of the complaint is being continued and number all pages. 6

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