Garcia v. Arpaio et al

Filing 5

ORDER: Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial fi ling fee of $32.40. The Complaint (Doc. 1 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amen ded 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 dismissal may count as a "strike" under 28 U.S.C. § 1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge David G Campbell on 12/30/2013. (ALS)

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1 2 KAB WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jesus Garcia, 10 11 12 No. CV 13-2485-PHX-DGC (SPL) Plaintiff, vs. ORDER Joseph M. Arpaio, et al., 13 Defendants. 14 15 Plaintiff Jesus Garcia, who is confined in the Maricopa County Towers Jail, filed a 16 pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an Application to 17 Proceed In Forma Pauperis (Doc. 2). The Court will grant the Application to Proceed 18 and dismiss the Complaint with leave to amend. 19 I. Application to Proceed In Forma Pauperis and Filing Fee 20 21 § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). 22 The Court will assess an initial partial filing fee of $32.40. The remainder of the fee will 23 be collected monthly in payments of 20% of the previous month’s income each time the 24 amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a 25 separate Order requiring the appropriate government agency to collect and forward the 26 fees according to the statutory formula. 27 .... 28 JDDL-K Plaintiff’s Application to Proceed In Forma Pauperis will be granted. 28 U.S.C. .... 1 II. Statutory Screening of Prisoner Complaints 2 The Court is required to screen complaints brought by prisoners seeking relief 3 against a governmental entity or an officer or an employee of a governmental entity. 28 4 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 5 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 6 which relief may be granted, or that seek monetary relief from a defendant who is 7 immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 8 A pleading must contain a “short and plain statement of the claim showing that the 9 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). While Rule 8 does not demand 10 detailed factual allegations, “it demands more than an unadorned, the-defendant- 11 unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation 12 omitted). “Threadbare recitals of the elements of a cause of action, supported by mere 13 conclusory statements, do not suffice.” Id. (citation omitted). 14 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 15 claim to relief that is plausible on its face.’” Id. (citation omitted). A claim is plausible 16 “when the plaintiff pleads factual content that allows the court to draw the reasonable 17 inference that the defendant is liable for the misconduct alleged.” Id. (citation omitted). 18 “Determining whether a complaint states a plausible claim for relief [is] . . . a context- 19 specific task that requires the reviewing court to draw on its judicial experience and 20 common sense.” Id. at 679 (citation omitted). Thus, although a plaintiff’s specific 21 factual allegations may be consistent with a constitutional claim, a court must assess 22 whether there are other “more likely explanations” for a defendant’s conduct. Id. at 681. 23 24 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 25 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 26 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 27 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). If the Court determines that a pleading 28 JDDL-K But as the United States Court of Appeals for the Ninth Circuit has instructed, could be cured by the allegation of other facts, a pro se litigant is entitled to an -2- 1 opportunity to amend a complaint before dismissal of the action. See Lopez v. Smith, 203 2 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). Here, Plaintiff fails to state a claim upon 3 which relief can be granted in his Complaint, but it appears that the Complaint could be 4 cured by allegations of other facts. Accordingly, Plaintiff’s Complaint will be dismissed 5 without prejudice and Plaintiff will be given an opportunity to amend. 6 III. Complaint 7 Plaintiff alleges three counts in his Complaint. Defendants are: Sheriff Joseph M. 8 Arpaio, Maricopa County Durango Jail, and the Maricopa County Board of Supervisors. 9 In Count One, Plaintiff alleges that he is currently being detained in condemned buildings 10 that are contaminated with cancer-causing, lead-based paint, asbestos, and black mold. 11 Plaintiff alleges that he has developed a skin rash all over his body. 12 In Count Two, Plaintiff alleges that all meals are prepared by sentenced inmates 13 that have not been state-certified in the proper rules and regulations in the preparation and 14 storage of meals. Plaintiff alleges that he has chewed rocks and has contracted food 15 poisoning and stomach discomfort. 16 In Count Three, Plaintiff alleges that, on numerous occasions, he has not been 17 permitted the minimum of one hour at least four days per week of outdoor recreation or 18 fresh air recreation with sufficient space to move freely. Plaintiff alleges that, “on many 19 occasions,” “the officer” terminates recreation before the one-hour session is complete. 20 Plaintiff alleges the he was not allowed proper exercise or fresh air, which made him 21 subject to colds, flus, coughing, and sinus infections. 22 23 As relief, Plaintiff seeks $8,000,000. IV. Failure to State a Claim 24 25 (2) under color of state law (3) deprived him of federal rights, privileges or immunities 26 and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th 27 Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 28 JDDL-K To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 1278, 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific -3- 1 injury as a result of the conduct of a particular defendant and he must allege an 2 affirmative link between the injury and the conduct of that defendant. Rizzo v. Goode, 3 423 U.S. 362, 371-72, 377 (1976). 4 A. 5 Plaintiff sues Maricopa County Durango Jail; however, the jail is not a proper 6 defendant. Claims under § 1983 are directed at “bodies politic and corporate.” Monell v. 7 Dep’t of Soc. Servs., 436 U.S. 658, 688-89 (1978). Under the Civil Rights Act of 1871, 8 Congress intended municipalities and other local government units to be included among 9 those persons to whom § 1983 applies. Id. at 689-690. In Arizona, the responsibility for 10 operating jails and caring for prisoners is placed by law upon the sheriff and the County. 11 See Ariz. Rev. Stat. §§ 11-251(8), 11-291(A), 11-441(A)(5), 31-101. Maricopa County 12 Durango Jail is simply an administrative creation of the sheriff to allow him to carry out 13 his statutory duties; it is not a “person” amenable to suit pursuant to § 1983. See, e.g., 14 Petaway v. City of New Haven Police Dep’t, 541 F.Supp.2d 504 (D. Conn. 2008); Pahle 15 v. Colebrookdale Twp., 227 F.Supp.2d 361 (E.D. Pa. 2002). Accordingly, Maricopa 16 County Durango Jail will be dismissed from this action. Maricopa County Durango Jail 17 18 Plaintiff names the Maricopa County Board of Supervisors as a Defendant in the 19 caption of his Complaint, but does not include any allegations against the Maricopa 20 County Board of Supervisors. When individuals, such as members of the Maricopa 21 County Board of Supervisors, are sued in an official capacity, the real party in interest is 22 the entity of which the members are agents. Kentucky v. Graham, 473 U.S. 159, 165-66 23 (1985) (quoting Monell, 436 U.S. at 690 n. 55). In this case, that entity is Maricopa 24 County. The actions of individuals only support municipal liability if a claimed injury 25 resulted pursuant to an official policy, practice, or custom of the municipality. Botello v. 26 Gammick, 413 F.3d 971, 978-79 (9th Cir. 2005) (citation omitted); Cortez v. County of 27 Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 2002) (citations omitted). For that reason, a 28 JDDL-K B. municipality may not be sued solely because an injury was inflicted by one of its The Maricopa County Board of Supervisors -4- 1 employees or agents. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2 2006) (citation omitted). Rather, the municipality is liable only when the execution of its 3 policy or custom inflicts the constitutional injury. Id. (citation omitted); Miranda v. City 4 of Cornelius, 429 F.3d 858, 868 (9th Cir. 2005) (citation omitted). 5 Plaintiff has not alleged any policy, practice, or custom of Maricopa County or the 6 Maricopa County Board of Supervisors. Moreover, all of Plaintiff’s allegations concern 7 the Maricopa County Durango Jail. Official county policy may only be set by an official 8 with “final policymaking authority.” Id. (citing Pembaur v. City of Cincinnati, 475 U.S. 9 469, 481-83 (1986) (plurality opinion)). 10 To identify those officials with “final policymaking authority,” the Court looks to state law. Pembaur, 475 U.S. at 483. 11 In Arizona, the responsibility of operating jails is placed by law on the Sheriff, not 12 on the county’s board of supervisors. See Ariz. Rev. Stat. Ann. § 11-441(A)(5); Ariz. 13 Rev. Stat. Ann. § 31-101. Therefore, the Maricopa County Board of Supervisors is not 14 liable to Plaintiff under § 1983 because it lacks authority to establish an official policy 15 with respect to the operation of the jail. Further, the Board cannot be held liable for the 16 actions of the Sheriff or his deputies on a theory of respondeat superior liability. See Los 17 Angeles Police Prot. League v. Gates, 907 F.2d 879, 889 (9th Cir. 1990) (citation 18 omitted). Accordingly, the Maricopa County Board of Supervisors will be dismissed. 19 20 Plaintiff fails to state a claim against Defendant Arpaio in his Complaint. “A 21 plaintiff must allege facts, not simply conclusions, that show that an individual was 22 personally involved in the deprivation of his civil rights.” Barren v. Harrington, 152 23 F.3d 1193, 1194 (9th Cir. 1998). For an individual to be liable in his official capacity, a 24 plaintiff must allege that the official acted as a result of a policy, practice, or custom. See 25 Cortez, 294 F.3d at 1188 (citation omitted). Further, there is no respondeat superior 26 liability under § 1983, so a defendant’s position as the supervisor of someone who 27 allegedly violated a plaintiff’s constitutional rights does not make him liable. Monell, 28 JDDL-K C. 436 U.S. at 691; Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (citation omitted). A Sheriff Joseph M. Arpaio -5- 1 supervisor in his individual capacity, “is only liable for constitutional violations of his 2 subordinates if the supervisor participated in or directed the violations, or knew of the 3 violations and failed to act to prevent them.” Taylor, 880 F.2d at 1045. 4 Plaintiff fails to allege any facts regarding Defendant Arpaio in his Complaint. 5 Aside from naming Arpaio as a Defendant, Plaintiff does not mention Arpaio in his 6 Complaint. Plaintiff does not allege that Arpaio directly violated his constitutional rights. 7 Moreover, Plaintiff does not allege facts to support that Plaintiff’s constitutional rights 8 were violated as a result of a policy or custom promulgated or endorsed by Arpaio. 9 Accordingly, Plaintiff fails to state a claim against Arpaio and he will be dismissed. 10 V. Leave to Amend 11 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to 12 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 13 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 14 mail Plaintiff a court-approved form to use for filing a first amended complaint. If 15 Plaintiff fails to use the court-approved form, the Court may strike the amended 16 complaint and dismiss this action without further notice to Plaintiff. 17 Plaintiff must clearly designate on the face of the document that it is the “First 18 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 19 entirety on the court-approved form and may not incorporate any part of the original 20 Complaint by reference. Plaintiff may include only one claim per count. 21 Further, if Plaintiff files an amended complaint, Plaintiff must write short, plain 22 statements telling the Court: (1) the constitutional right Plaintiff believes was violated; 23 (2) the name of the Defendant who violated the right; (3) exactly what that Defendant did 24 or failed to do; (4) how the action or inaction of that Defendant is connected to the 25 violation of Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered 26 because of that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 27 28 JDDL-K Plaintiff must repeat this process for each person he names as a Defendant. If Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific -6- 1 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 2 failure to state a claim. 3 Defendants has violated a constitutional right are not acceptable and will be 4 dismissed. Conclusory allegations that a Defendant or group of 5 Moreover, in amending his Complaint, Plaintiff should be aware that a pretrial 6 detainee’s claim for unconstitutional conditions of confinement arises from the 7 Fourteenth Amendment Due Process Clause rather than from the Eighth Amendment 8 prohibition against cruel and unusual punishment. Bell v. Wolfish, 441 U.S. 520, 535 9 n.16 (1979). Nevertheless, the same standards are applied, requiring proof that the 10 defendant acted with deliberate indifference. See Frost v. Agnos, 152 F.3d 1124, 1128 11 (9th Cir. 1998) (citation omitted). 12 Deliberate indifference is a higher standard than negligence or lack of ordinary 13 due care for the prisoner’s safety. Farmer v. Brennan, 511 U.S. 825, 835 (1994). To 14 state a claim of deliberate indifference, plaintiffs must meet a two-part test. First, the 15 alleged constitutional deprivation must be, objectively, “sufficiently serious”; the 16 official’s act or omission must result in the denial of “the minimal civilized measure of 17 life’s necessities.” Id. at 834 (citations omitted). Second, the prison official must have a 18 “sufficiently culpable state of mind,” i.e., he must act with deliberate indifference to 19 inmate health or safety. Id. (citations omitted). In defining “deliberate indifference” in 20 this context, the Supreme Court has imposed a subjective test: “the official must both be 21 aware of facts from which the inference could be drawn that a substantial risk of serious 22 harm exists, and he must also draw the inference.” Id. at 837 (emphasis added). 23 24 allege that a defendant’s acts or omissions have deprived the inmate of “the minimal 25 civilized measure of life’s necessities” and that the defendant acted with deliberate 26 indifference to an excessive risk to inmate health or safety. Allen v. Sakai, 48 F.3d 1082, 27 1087 (9th Cir. 1994) (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)); see Estate 28 JDDL-K To state a claim for unconstitutional conditions of confinement, a plaintiff must of Ford v. Ramirez–Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002). Whether conditions -7- 1 of confinement rise to the level of a constitutional violation may depend, in part, on the 2 duration of an inmate’s exposure to those conditions. Keenan v. Hall, 83 F.3d 1083, 3 1089, 1091 (9th Cir. 1996) (citing Hutto v. Finney, 437 U.S. 678, 686-87 (1978)). “The 4 circumstances, nature, and duration of a deprivation of [ ] necessities must be considered 5 in determining whether a constitutional violation has occurred.” Hearns v. Terhune, 413 6 F.3d 1036, 1042 (9th Cir. 2005) (quoting Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 7 2000)). 8 To adequately allege deliberate indifference, a plaintiff must allege facts to 9 support that a defendant knew of, but disregarded, an excessive risk to inmate safety. 10 Farmer, 511 U.S. at 832-33. That is, “the official must both [have been] aware of facts 11 from which the inference could be drawn that a substantial risk of serious harm exist[ed], 12 and he must also [have] draw[n] the inference.” Id. 13 With respect to meals, “[t]he Eighth [and Fourteenth] Amendment[s] require[] 14 only that prisoners receive food that is adequate to maintain health; it need not be tasty or 15 aesthetically pleasing.” LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993) (citation 16 omitted); see Frost, 152 F.3d at 1128 (applying Eighth Amendment standard to a pretrial 17 detainee’s Fourteenth Amendment claims regarding his conditions of confinement). 18 “The fact that the food occasionally contains foreign objects or sometimes is served cold, 19 while unpleasant, does not amount to a constitutional deprivation.” LeMaire, 12 F.3d at 20 1456 (citations omitted). An inmate may, however, state a claim where he alleges that he 21 is served meals with insufficient calories for long periods of time. Id. 22 23 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 24 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat an original 25 complaint as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised 26 in the original complaint and that was voluntarily dismissed or was dismissed without 27 prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa 28 JDDL-K A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). -8- 1 VI. Warnings 2 A. 3 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his 4 release. Also, within 30 days of his release, he must either (1) notify the Court that he 5 intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to 6 comply may result in dismissal of this action. Release 7 B. 8 Plaintiff must file and serve a notice of a change of address in accordance with 9 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 10 for other relief with a notice of change of address. Failure to comply may result in 11 dismissal of this action. Address Changes 12 C. 13 Plaintiff must submit an additional copy of every filing for use by the Court. See 14 LRCiv 5.4. Failure to comply may result in the filing being stricken without further 15 notice to Plaintiff. Copies 16 D. 17 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 18 fails to file an amended complaint correcting the deficiencies identified in this Order, the 19 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 20 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 21 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more 22 prior occasions, while incarcerated or detained in any facility, brought an action or appeal 23 in a court of the United States that was dismissed on the grounds that it is frivolous, 24 malicious, or fails to state a claim upon which relief may be granted, unless the prisoner 25 is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Possible “Strike” 26 27 If Plaintiff fails to timely comply with every provision of this Order, including 28 JDDL-K E. these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 Possible Dismissal -9- 1 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 2 order of the Court). 3 IT IS ORDERED: 4 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 5 (2) As required by the accompanying Order to the appropriate government 6 agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing 7 fee of $32.40. 8 9 10 11 (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 12 Court must, without further notice, enter a judgment of dismissal of this action with 13 prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g). 14 15 16 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Dated this 30th day of December, 2013. 17 18 19 20 21 22 23 24 25 26 27 28 JDDL-K - 10 - 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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