Bean v. Steinhauser et al

Filing 10

ORDER, the First Amended Complaint 9 is dismissed for failure to state a claim; Plaintiff has 30 days to file a second amended complaint in compliance with this Order; if Plaintiff fails to comply with this order, the Clerk 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). Signed by Judge David G Campbell on 4/22/14. (REW)

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1 2 MD WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Leonard Bean, 10 11 12 No. CV 13-1890-PHX-DGC (LOA) Plaintiff, vs. ORDER Gale Steinhauser, et al., 13 Defendants. 14 15 On September 12, 2013, Plaintiff Leonard Bean, who is confined in the Arizona 16 State Prison Complex-Florence in Florence, Arizona, filed a pro se civil rights Complaint 17 pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a 18 November 18, 2013 Order, the Court granted the Application to Proceed and dismissed 19 the Complaint because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 20 days to file an amended complaint that cured the deficiencies identified in the Order. On 21 December 6, 2013, Plaintiff filed a Motion for Extension of Time to file an amended 22 complaint. In an Order dated December 30, 2013, the Court granted Plaintiff’s Motion 23 and gave Plaintiff an additional 45 days to file an amended complaint. 24 On January 31, 2014, Plaintiff filed his First Amended Complaint (Doc. 9). The 25 Court will dismiss the First Amended Complaint with leave to amend. 26 I. Statutory Screening of Prisoner Complaints 27 28 JDDL-K The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or an employee of a governmental entity. 28 1 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 2 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 3 which relief may be granted, or that seek monetary relief from a defendant who is 4 immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 5 A pleading must contain a “short and plain statement of the claim showing that the 6 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 7 does not demand detailed factual allegations, “it demands more than an unadorned, the- 8 defendant-unlawfully-harmed-me accusation.” 9 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 10 Ashcroft v. Iqbal, 556 U.S. 662, 678 conclusory statements, do not suffice.” Id. 11 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 12 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 13 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual 14 content that allows the court to draw the reasonable inference that the defendant is liable 15 for the misconduct alleged.” Id. “Determining whether a complaint states a plausible 16 claim for relief [is] . . . a context-specific task that requires the reviewing court to draw 17 on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s 18 specific factual allegations may be consistent with a constitutional claim, a court must 19 assess whether there are other “more likely explanations” for a defendant’s conduct. Id. 20 at 681. 21 But as the United States Court of Appeals for the Ninth Circuit has instructed, 22 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 23 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 24 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 25 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). 26 27 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 28 JDDL-K If the Court determines that a pleading could be cured by the allegation of other of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The -2- 1 Court should not, however, advise the litigant how to cure the defects. This type of 2 advice “would undermine district judges’ role as impartial decisionmakers.” Pliler v. 3 Ford, 542 U.S. 225, 231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to 4 decide whether the court was required to inform a litigant of deficiencies). Plaintiff’s 5 First Amended Complaint will be dismissed for failure to state a claim, but because it 6 may possibly be amended to state a claim, the Court will dismiss it with leave to amend. 7 II. First Amended Complaint 8 Plaintiff alleges three counts of denial of constitutionally adequate medical care. 9 He names as Defendants Gale Steinhauser and Michael Lesac, whom Plaintiff identifies 10 as Primary Healthcare Providers for the Arizona Department of Corrections (“ADOC”). 11 Plaintiff seeks compensatory and punitive damages and attorney’s fees and costs. 12 In Count I, Plaintiff alleges that he has been denied “treatment under the ADOC 13 Hepatitis C protocol for prisoners diagnos[ed] with liver disease.” According to Plaintiff, 14 he “is diagnosis (sic) with Hepatitis C through shared drug needles.” Plaintiff has 15 submitted Health Needs Requests (“HNRs”) “asking for immediate testing and treatment 16 by defendants Gale Steinhauser and Michael Lesac.” In September 2010, Plaintiff was 17 transferred to St. Mary’s Hospital for processing and intake into the state prison system 18 and his blood screen indicated he had “elevated levels of acute Hepatitis jaundice.” The 19 jaundice has “cause[d] severe liver failure which [a]ffects other organs including 20 [Plaintiff’s] brain.” Plaintiff states his injury as “jaundice, nausea, vomiting, loss of 21 appetite, tenderness in the right upper abdomen . . . and liver failure.” 22 23 is to offer proof that a prison doctor, Dr. [illegible], diagnosed him with a serious medical 24 condition and prescribed treatment for him but he never received that treatment.” 25 Plaintiff further asserts that he was transferred from prison to a county hospital “but was 26 not given his medicine. After days without it, despite repeated requests to the prison’s 27 medical personnel, Plaintiff had a viral infection. Also, scar tissue believe[d] to be liver 28 JDDL-K In Count II, Plaintiff alleges that “the easiest way to meet the subjective standard cirrhosis. This is the prototypical case of deliberate indifference, a[] Plaintiff with a -3- 1 potenti[a]lly serious problem repeatedly requesting medical aid rec[e]iving none, and 2 then suffering a serious injury.” Plaintiff describes his injury as “episode acute hepatitis 3 leading to continued liver cell damage and inflammation.” 4 In Count III, Plaintiff alleges that “an extended delay in starting Hepatitis C 5 treatment constituted a valid claim by plaintiff. The official acted as a result of a policy, 6 practice, or custom. Plaintiff suffered specific injury as a result of the conduct [of] 7 defendants Dr. Steinhauser & Dr. Lesac. Plaintiff suffer[ed] substantial harm including 8 pain suffered while awaiting treatment.” 9 III. Failure to State a Claim 10 To state a claim under § 1983, a plaintiff must allege facts supporting that (1) the 11 conduct about which he complains was committed by a person acting under the color of 12 state law and (2) the conduct deprived him of a federal constitutional or statutory right. 13 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989). A plaintiff must also allege that 14 he suffered a specific injury as a result of the conduct of a particular defendant and he 15 must allege an affirmative link between the injury and the conduct of that defendant. 16 Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). 17 18 individual was personally involved in the deprivation of his civil rights.” Barren v. 19 Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). For an individual to be liable in his 20 official capacity, a plaintiff must allege that the official acted as a result of a policy, 21 practice, or custom. See Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 22 2001). Further, there is no respondeat superior liability under § 1983, so a defendant’s 23 position as the supervisor of someone who allegedly violated a plaintiff’s constitutional 24 rights does not make him liable. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 25 (1978); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). 26 individual capacity “is only liable for constitutional violations of his subordinates if the 27 supervisor participated in or directed the violations, or knew of the violations and failed 28 JDDL-K Moreover, a “plaintiff must allege facts, not simply conclusions, that show that an to act to prevent them.” Taylor, 880 F.2d at 1045. -4- A supervisor in his 1 Plaintiff names Steinhauser and Lesac as Defendants, yet he makes only two 2 conclusory assertions against them. In Count I, Plaintiff alleges that he submitted HNRs 3 “asking for immediate testing and treatment by defendants Gale Steinhauser and Michael 4 Lesac.” He fails to state, however, when he submitted these HNRs, to whom, what he 5 said in each HNR, and what response he received, if any. In Count III, Plaintiff states 6 that he suffered “specific injury as a result of the conduct [of] defendants Dr. Steinhauser 7 & Dr. Lesac.” Plaintiff fails to state what specific conduct by Steinhauser and Lesac led 8 to an injury, when that conduct occurred, or any other facts supporting a claim that any 9 conduct by Steinhauser or Lesac injured Plaintiff. 10 Thus, Plaintiff fails to allege how Steinhauser and Lesac were personally involved 11 in the deprivation of his civil rights. Plaintiff fails to allege that they acted as a result of a 12 specific policy, practice, or custom, that they participated in or directed the alleged 13 violations of Plaintiff’s constitutional rights, or that they knew of the violations and failed 14 to act to prevent them. Although pro se pleadings are liberally construed, Haines v. 15 Kerner, 404 U.S. 519, 520-21 (1972), conclusory and vague allegations will not support a 16 cause of action. Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 17 1982). 18 essential elements of the claim that were not initially pled. Id. Accordingly, Plaintiff 19 fails to state a claim against Steinhauser and Lesac and they will be dismissed. 20 Further, a liberal interpretation of a civil rights complaint may not supply Because Plaintiff has failed to state a claim against either named Defendant, his 21 First Amended Complaint will be dismissed. 22 IV. Leave to Amend 23 For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed 24 for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff 25 may submit a second amended complaint to cure the deficiencies outlined above. The 26 Clerk of Court will mail Plaintiff a court-approved form to use for filing a second 27 amended complaint. If Plaintiff fails to use the court-approved form, the Court may 28 JDDL-K -5- 1 strike the second amended complaint and dismiss this action without further notice to 2 Plaintiff. 3 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 4 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 5 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 6 do; (4) how the action or inaction of that Defendant is connected to the violation of 7 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 8 that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 9 Plaintiff must repeat this process for each person he names as a Defendant. If 10 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 11 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 12 failure to state a claim. 13 Defendants has violated a constitutional right are not acceptable and will be 14 dismissed. Conclusory allegations that a Defendant or group of 15 Moreover, if Plaintiff files a second amended complaint, he should be aware that 16 not every claim by a prisoner relating to inadequate medical treatment states a violation 17 of the Eighth or Fourteenth Amendment. To state a § 1983 medical claim, a plaintiff 18 must show that the defendants acted with “deliberate indifference to serious medical 19 needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 20 429 U.S. 97, 104 (1976)). A plaintiff must show (1) a “serious medical need” by 21 demonstrating that failure to treat the condition could result in further significant injury 22 or the unnecessary and wanton infliction of pain and (2) the defendant’s response was 23 deliberately indifferent. Id. at 1096 (quotations omitted). 24 25 1051, 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must 26 both know of and disregard an excessive risk to inmate health; “the official must both be 27 aware of facts from which the inference could be drawn that a substantial risk of serious 28 JDDL-K “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d harm exists, and he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, -6- 1 837 (1994). 2 purposeful act or failure to respond to a prisoner’s pain or possible medical need and 3 harm caused by the indifference. Jett, 439 F.3d at 1096. Deliberate indifference may 4 also be shown when a prison official intentionally denies, delays, or interferes with 5 medical treatment or by the way prison doctors respond to the prisoner’s medical needs. 6 Estelle, 429 U.S. at 104-05; Jett, 439 F.3d at 1096. Deliberate indifference in the medical context may be shown by a 7 Deliberate indifference is a higher standard than negligence or lack of ordinary 8 due care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor 9 gross negligence will constitute deliberate indifference.” Clement v. California Dep’t of 10 Corr., 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter Labs., 11 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or 12 “medical malpractice” do not support a claim under § 1983). “A difference of opinion 13 does not amount to deliberate indifference to [a plaintiff’s] serious medical needs.” 14 Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, 15 without more, is insufficient to state a claim against prison officials for deliberate 16 indifference. See Shapley v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 17 (9th Cir. 1985). The indifference must be substantial. The action must rise to a level of 18 “unnecessary and wanton infliction of pain.” Estelle, 429 U.S. at 105, 439 F.3d at 1096 19 (quotations omitted).1 20 Plaintiff must clearly designate on the face of the document that it is the “Second 21 Amended Complaint.” The second amended complaint must be retyped or rewritten in 22 its entirety on the court-approved form and may not incorporate any part of the original 23 24 1 25 26 27 28 JDDL-K As with his original Complaint, Plaintiff has again failed to state whether he has actually been diagnosed with Hepatitis C, and, if so, when he was diagnosed, by whom, what treatment, if any, has been recommended and by whom, and who, if anyone, refused such treatment. Similarly, he fails to submit any information about his alleged liver failure and jaundice or if he has been prescribed treatment or medications for any of these conditions. Plaintiff also alleges that he has submitted HNRs and been denied treatment, but he again fails to provide specifics to support these allegations such as when he submitted HNRs or requested treatment, to whom he submitted these HNRs and/or requests for treatment, how, and who denied these HNRs and/or requests. -7- 1 Complaint or First Amended Complaint by reference. Plaintiff may include only one 2 claim per count. 3 A second amended complaint supersedes the original Complaint and First 4 Amended Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal 5 Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After 6 amendment, the Court will treat the original Complaint and First Amended Complaint as 7 nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 8 original complaint or first amended complaint and that was voluntarily dismissed or was 9 dismissed without prejudice is waived if it is not alleged in a second amended complaint. 10 Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 11 V. Warnings 12 A. 13 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his 14 release. Also, within 30 days of his release, he must either (1) notify the Court that he 15 intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to 16 comply may result in dismissal of this action. Release 17 B. 18 Plaintiff must file and serve a notice of a change of address in accordance with 19 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 20 for other relief with a notice of change of address. Failure to comply may result in 21 dismissal of this action. Address Changes 22 C. 23 Plaintiff must submit an additional copy of every filing for use by the Court. See 24 LRCiv 5.4. Failure to comply may result in the filing being stricken without further 25 notice to Plaintiff. Copies 26 27 Because the First Amended Complaint has been dismissed for failure to state a 28 JDDL-K D. claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies Possible “Strike” -8- 1 identified in this Order, the dismissal may count as a “strike” under the “3-strikes” 2 provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring 3 a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the 4 prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 5 brought an action or appeal in a court of the United States that was dismissed on the 6 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be 7 granted, unless the prisoner is under imminent danger of serious physical injury.” 28 8 U.S.C. § 1915(g). 9 E. Possible Dismissal 10 If Plaintiff fails to timely comply with every provision of this Order, including 11 these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 12 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 13 order of the Court). 14 IT IS ORDERED: 15 (1) The First Amended Complaint (Doc. 9) is dismissed for failure to state a 16 claim. Plaintiff has 30 days from the date this Order is filed to file a second amended 17 complaint in compliance with this Order. 18 (2) If Plaintiff fails to file a second amended complaint within 30 days, the 19 Clerk of Court must, without further notice, enter a judgment of dismissal of this action 20 with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. 21 § 1915(g). 22 (3) 23 24 The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Dated this 22nd day of April, 2014. 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 and Administrative Fees. The total fees for this action are $400.00 ($350.00 filing fee plus $50.00 administrative fee). If you are unable to immediately pay the fees, 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 $400 filing and administrative fees or the application to proceed in forma pauperis to: Revised 5/1/2013 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 court-approved 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 “1-A” 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,” “2B,” 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,” “2-B,” 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 5/1/2013 1 550/555 B. DEFENDANTS 1. Name of first Defendant: . The first Defendant is employed as: at . (Position and Title) 2. (Institution) . The second Defendant is employed as: Name of second Defendant: at . (Position and Title) 3. (Institution) Name of third Defendant: . The third Defendant is employed as: at . (Position and Title) 4. (Institution) Name of fourth Defendant: at (Position and Title) . The fourth Defendant is employed as: . (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 at your G Yes G No 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 at your G Yes G No 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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