Black v. Arpaio et al

Filing 4

ORDER that the 1 Complaint 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 comply, 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 must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Senior Judge Stephen M McNamee on 5/2/2014. (LFIG)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Anthony J. Black,

10

Plaintiff,

11
12

No. CV 14-621-PHX-RCB (MHB)

vs.

ORDER

Joseph M. Arpaio, et al.,

13

Defendants.

14
15

Plaintiff Anthony J. Black, who is confined in the Maricopa County Fourth

16

Avenue Jail, filed a pro se Complaint in Maricopa County Superior Court, case number

17

CV 2014-000510. (Doc. 1-1 at 5-7).

18

In his Complaint, Plaintiff asserts violations of his rights under the Fourth, Eighth,

19

Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution.

20

Plaintiff names Sheriff Joseph M. Arpaio and “Maricopa County Sheriff Department

21

Facility Commanders” as Defendants.

22
23

Defendant Arpaio was served on March 7, 2014. On March 26, 2014, Defendant
Arpaio removed the case to this Court based on federal question jurisdiction.

24

The Complaint facially supports that subject matter jurisdiction is proper in federal

25

court and that the case was timely removed. 28 U.S.C. § 1446(b). The Court will

26

dismiss the Complaint with leave to amend.

27

I.

28

JDDL-K

Removal to Federal Court was Proper
A defendant may remove any civil action brought in state court over which the

1

federal court would have original jurisdiction. 28 U.S.C. §1441(a). That is, a civil action

2

that could have originally been brought in federal court may be removed from state to

3

federal court. Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). A federal court has

4

original jurisdiction “of all civil actions arising under the Constitution, laws, or treaties of

5

the United States.” 28 U.S.C. § 1331.

6

The Complaint in this case facially supports that subject matter jurisdiction exists

7

in federal court because Plaintiff alleges violations of his federal constitutional rights. 28

8

U.S.C. § 1441(a). Further, the case was timely removed. 28 U.S.C. § 1446(b).

9

II.

Statutory Screening of Prisoner Complaints

10

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

11

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

12

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

13

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

14

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

15

immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).

16

A pleading must contain a “short and plain statement of the claim showing that the

17

pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). While Rule 8 does not demand

18

detailed factual allegations, “it demands more than an unadorned, the-defendant-

19

unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation

20

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

21

conclusory statements, do not suffice.” Id. (citation omitted).

22
23

claim to relief that is plausible on its face.’” Id. (citation omitted). A claim is plausible

24

“when the plaintiff pleads factual content that allows the court to draw the reasonable

25

inference that the defendant is liable for the misconduct alleged.” Id. (citation omitted).

26

“Determining whether a complaint states a plausible claim for relief [is] . . . a context-

27

specific task that requires the reviewing court to draw on its judicial experience and

28

JDDL-K

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

common sense.” Id. at 679 (citation omitted). Thus, although a plaintiff’s specific

-2-

1

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

2

whether there are other “more likely explanations” for a defendant’s conduct. Id. at 681.

3

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

4

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

5

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

6

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

7

Pardus, 551 U.S. 89, 94 (2007) (per curiam)). If the Court determines that a pleading

8

could be cured by the allegation of other facts, a pro se litigant is entitled to an

9

opportunity to amend a complaint before dismissal of the action. See Lopez v. Smith, 203

10

F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). Here, Plaintiff fails to state a claim upon

11

which relief can be granted in his Complaint, but it appears that the Complaint could be

12

cured by allegations of other facts. Accordingly, Plaintiff’s Complaint will be dismissed

13

without prejudice and Plaintiff will be given an opportunity to amend.

14

III.

Complaint

15

In his Complaint, Plaintiff alleges as follows: Sheriff Joseph M. Arpaio forces his

16

facility commanders to instruct housing officers to tell inmates to strip all clothing and be

17

searched prior to getting a new set of facility-issued clothing and getting shackled to go

18

to court. The process is repeated upon returning from court and upon release from jail or

19

transfer to a new facility. As a result, Sheriff Arpaio has violated the Fourth, Eighth,

20

Ninth, Thirteenth, and Fourteenth Amendments of the United States Constitution.

21

Plaintiff asserts that pretrial detainees should not have to expose themselves in order to

22

receive a new set of facility issued clothes prior to going to and returning from court

23

proceedings. Plaintiff seeks injunctive relief and monetary and punitive damages.

24

IV.

Failure to State a Claim

25
26

defendants (2) under color of state law (3) deprived him of federal rights, privileges or

27

immunities and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158,

28

JDDL-K

To prevail in a 42 U.S.C. § 1983 claim, a plaintiff must show that (1) acts by the

1163-64 (9th Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game

-3-

1

Comm’n, 42 F.3d 1278, 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he

2

suffered a specific injury as a result of the conduct of a particular defendant and he must

3

allege an affirmative link between the injury and the conduct of that defendant. Rizzo v.

4

Goode, 423 U.S. 362, 371-72, 377 (1976).

5

A.

6

Plaintiff alleges that strip searches at the Fourth Avenue Jail violate his rights

7

under the Fourth Amendment. Detainees, like convicted prisoners, do not possess “the

8

full range of freedoms of an unincarcerated individual.” Bell v. Wolfish, 441 U.S. 520,

9

546 (1979). “The applicability of the Fourth Amendment turns on whether the person

10

invoking its protection can claim a ‘justifiable,’ a ‘reasonable,’ or a ‘legitimate

11

expectation of privacy’ that has been invaded by government action.” Hudson v. Palmer,

12

468 U.S. 517, 525 (1984) (quotation omitted); see also Bell, 441 U.S. at 557 (“any

13

reasonable expectation of privacy that a detainee retained necessarily would be of a

14

diminished scope”). “A right of privacy in traditional Fourth Amendment terms is

15

fundamentally incompatible with the close and continual surveillance of inmates and

16

their cells required to ensure institutional security and internal order.” Hudson, 468 U.S.

17

at 527-28. Furthermore, any restriction on a plaintiff’s privacy interests is justified to the

18

extent that it is “reasonably related to legitimate penological interests.” See Turner v.

19

Safley, 482 U.S. 78, 89 (1987). The investigation and prevention of illegal inmate

20

activity, including the prevention of contraband and circulation of threats, is a legitimate

21

penological objective. See Thornburgh v. Abbott, 490 U.S. 401, 411-12 (1989).

Fourth Amendment

22
23

See Michenfelder v. Sumner, 860 F.2d 328, 332-33 (9th Cir. 1988). Whether a search is

24

reasonable under the Fourth Amendment requires a case-by-case “balancing of the need

25

for the particular search against the invasion of personal rights that the search entails . . .

26

.” Bell, 441 U.S. at 559. “The required factors for courts to consider include: (1) the

27

scope of the particular intrusion, (2) the manner in which it is conducted, (3) the

28

JDDL-K

Generally, strip searches do not violate the Fourth Amendment rights of prisoners.

justification for initiating it, and (4) the place in which it is conducted.”

-4-

Byrd v.

1

Maricopa County Sheriff’s Dept., 629 F.3d 1135, 1141 (9th Cir. 2011) (en banc) (internal

2

quotation marks and citation omitted).

3

That being said, the Fourth Amendment guarantees the right of the people to be

4

secure against unreasonable searches, and its protections are not extinguished upon

5

incarceration. Michenfelder, 860 F.2d at 332-33. Further, the Fourth Amendment has

6

been held to apply to the invasion of bodily privacy. Id. at 333. Thus, strip searches that

7

are excessive, vindictive, harassing, or unrelated to any legitimate penological interest

8

may violate the Fourth Amendment. Id. at 332. Nevertheless, a policy of routinely strip

9

searching arrestees for contraband has been held not to be unreasonable where there is no

10

physical contact and the searches are professionally conducted in relative privacy. Bull v.

11

City and County of San Francisco, 595 F.3d 964, 975 (9th Cir. 2010) (en banc).

12

Moreover, an arrestee can be “strip searched without individualized suspicion if the

13

arrestee would be introduced into the general jail population.” Edgerly v. City and

14

County of San Francisco, 599 F.3d 946, 957 (9th Cir. 2010) (citing Bull, 595 F.3d at

15

977). However, jail officials must have “reasonable suspicion to strip search arrestees

16

charged with minor offenses who are not classified for housing in the general

17

population.” Id. Finally, the United States Supreme Court upheld as constitutional strip

18

searches of arrestees, which were conducted by county jails as a standard part of the

19

intake process and required male prisoners to lift their genitals and cough in a squatting

20

position, because the searches were “designed to uncover contraband that can be

21

undetected by a patdown, metal detector, and other less invasive searches.” Florence v.

22

Bd. of Chosen Freeholders of County of Burlington, 132 S. Ct. 1510, 1520 (2012).

23
24

Plaintiff makes generalized allegations that Sheriff Arpaio ordered commanders to order

25

housing officers to conduct strip searches of inmates under certain circumstances, but

26

does not allege any specific facts about the strip searches at the Fourth Avenue Jail, such

27

as when he was strip searched, by whom, where, or any facts to support that the search or

28

JDDL-K

In this case, Plaintiff’s allegations are too vague and conclusory to state a claim.

searches were excessive, vindictive, harassing, or unrelated to a legitimate penological

-5-

1

interest. Plaintiff does not allege facts to support that there was any physical contact or

2

that the searches were unprofessionally conducted or not conducted in relative privacy.

3

Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519, 520-

4

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

5

Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Further, a

6

liberal interpretation of a civil rights complaint may not supply essential elements of the

7

claim that were not initially pled. Id. In short, Plaintiff fails to allege sufficient facts to

8

state a Fourth Amendment claim, and that claim will be dismissed.

9

B.

Fourteenth Amendment

10

Plaintiff alleges that strip searches violate his Fourteenth Amendment rights.

11

Under the Due Process Clause, “a detainee may not be punished prior to an adjudication

12

of guilt.” Bell, 441 U.S. at 536 (citations omitted). However, the government may

13

subject a pretrial detainee “to the restrictions and conditions of the detention facility so

14

long as those conditions and restrictions do not amount to punishment, or otherwise

15

violate the Constitution.” Id. at 536-37. Here, Plaintiff has failed to allege facts to

16

support that the strip searches are conducted with the intent to punish pretrial detainees.

17

Id. at 540 (no unconstitutional punishment occurs when the government imposes

18

restrictions as part of legitimate operational concerns to ensure security and order).

19
20

violated. The Equal Protection Clause of the Fourteenth Amendment provides that a state

21

may not “deny to any person within its jurisdiction the equal protection of the laws,”

22

which is essentially a direction that all persons similarly situated should be treated alike.

23

U.S. Const., amend. XIV; see City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S.

24

432, 439 (1985).

25

discriminates against a suspect class of individuals is subject to strict scrutiny.

26

Massachusetts Bd. of Ret. v. Murgia, 427 U.S. 307, 312 (1976); see City of Cleburne, 473

27

U.S. at 441.

28

JDDL-K

Plaintiff also alleges that his rights under the Equal Protection Clause have been

fundamental right has been violated, a plaintiff must allege facts to support that he has

A state practice that interferes with a fundamental right or that

Absent allegations that he is a member of a suspect class, or that a

-6-

1

been intentionally treated differently from others who are similarly situated without a

2

reasonable basis therefor. See Village of Willowbrook v. Olech, 528 U.S. 562, 564

3

(2000). Conclusory allegations do not suffice. See Village of Arlington Heights v.

4

Metropolitan Hous. Dev. Corp., 429 U.S. 252, 265 (1977). Here, Plaintiff does not allege

5

that he is a member of a suspect class or that he has been treated differently from other

6

similarly situated individuals.

7
8
9
10

Accordingly, Plaintiff fails to state a Fourteenth Amendment claim and that claim
will be dismissed.
C.

Eighth Amendment

Plaintiff alleges that his Eight Amendment right to be free from cruel and unusual

11

punishment has been violated by strip searches.

12

unconstitutional conditions of confinement arises from the Fourteenth Amendment’s Due

13

Process Clause rather than from the Eighth Amendment prohibition against cruel and

14

unusual punishment. Bell, 441 U.S. 520, 531 (1979). Nevertheless, the same standards

15

are applied, requiring proof that the defendant acted with deliberate indifference. See

16

Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998).

A pretrial detainee=s claim for

17
18

allege that a defendant’s acts or omissions have deprived the inmate of “the minimal

19

civilized measure of life’s necessities” and that the defendant acted with deliberate

20

indifference to an excessive risk to inmate health or safety. Allen v. Sakai, 48 F.3d 1082,

21

1087 (9th Cir. 1994) (quoting Farmer, 511 U.S. at 834); see Estate of Ford v. Ramirez-

22

Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002). Whether conditions of confinement rise

23

to the level of a constitutional violation may depend, in part, on the duration of an

24

inmate’s exposure to those conditions. Keenan v. Hall, 83 F.3d 1083, 1089, 1091 (9th

25

Cir. 1996) (citing Hutto v. Finney, 437 U.S. 678, 686-87 (1978)). “The circumstances,

26

nature, and duration of a deprivation of [ ] necessities must be considered in determining

27

whether a constitutional violation has occurred.” Hearns v. Terhune, 413 F.3d 1036,

28

JDDL-K

To state a claim for unconstitutional conditions of confinement, a plaintiff must

1042 (9th Cir. 2005) (quoting Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000)).

-7-

1

To adequately allege deliberate indifference, a plaintiff must allege facts to

2

support that a defendant knew of, but disregarded, an excessive risk to inmate safety.

3

Farmer, 511 U.S. at 832-33. That is, “the official must both [have been] aware of facts

4

from which the inference could be drawn that a substantial risk of serious harm exist[ed],

5

and he must also [have] draw[n] the inference.” Id.

6

Plaintiff has failed to allege any facts supporting that any Defendant was

7

deliberately indifferent to an excessive risk to his health or safety.

8

Plaintiff’s Eighth Amendment claim will be dismissed.

9

D.

Accordingly,

Ninth Amendment

10

Plaintiff alleges that strip searches violate his rights under the Ninth Amendment.

11

The Ninth Amendment “has never been recognized as independently securing any

12

constitutional right, for purposes of pursuing a civil rights claim.” Strandberg v. City of

13

Helena, 791 F.2d 744, 748 (9th Cir. 1986); see San Diego County Gun Rights Committee

14

v. Reno, 98 F.3d 1121, 1125 (9th Cir. 1996). Accordingly, Plaintiff’s Ninth Amendment

15

claim will be dismissed.

16
17

Plaintiff alleges that strip searches violate his Thirteenth Amendment rights. The

18

Thirteenth Amendment provides, in relevant part, that “[n]either slavery nor involuntary

19

servitude, except as punishment for crime whereof the party shall have been duly

20

convicted, shall exist within the United States, or any place subject to their jurisdiction.”

21

A pretrial detainee’s claim for unconstitutional conditions of confinement arises from the

22

Fourteenth Amendment Due Process Clause. Bell, 441 U.S. at 535. The Thirteenth

23

Amendment does not apply to searches of pretrial detainees. See Butler v. Perry, 240

24

U.S. 328, 332 (1916) (“[T]he term ‘involuntary servitude’ was intended to cover those

25

forms of compulsory labor akin to African slavery. . . .”). Accordingly, Plaintiff’s

26

Thirteenth Amendment claim will be dismissed.

27

....

28

JDDL-K

E.

....

Thirteenth Amendment

-8-

1

V.

Leave to Amend

2

For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to

3

state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a

4

first amended complaint to cure the deficiencies outlined above. The Clerk of Court will

5

mail Plaintiff a court-approved form to use for filing a first amended complaint. If

6

Plaintiff fails to use the court-approved form, the Court may strike the amended

7

complaint and dismiss this action without further notice to Plaintiff.

8

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

9

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

10

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

11

Complaint by reference. Plaintiff may include only one claim per count.

12

Further, if Plaintiff files an amended complaint, Plaintiff must write short, plain

13

statements telling the Court: (1) the constitutional right Plaintiff believes was violated;

14

(2) the name of the Defendant who violated the right; (3) exactly what that Defendant did

15

or failed to do; (4) how the action or inaction of that Defendant is connected to the

16

violation of Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered

17

because of that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377.

18

Plaintiff must repeat this process for each person he names as a Defendant. If

19

Plaintiff fails to affirmatively link the conduct of each named Defendant1 with the

20

specific injury suffered by Plaintiff, the allegations against that Defendant will be

21

dismissed for failure to state a claim. Conclusory allegations that a Defendant or

22
23
24
25
26
27
28

JDDL-K

1

If Plaintiff does not know the names of the individual Defendants, Plaintiff must
list the individual unknown defendants as Defendant John (or Jane) Doe 1, John Doe 2,
and so on in the caption of his complaint, and, in the body of the complaint, Plaintiff
must allege facts to support how each particular Doe defendant violated Plaintiff’s rights.
See Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999) (where identity is
unknown prior to the filing of a complaint, the plaintiff should be given an opportunity
through discovery to identify the unknown defendants, unless it is clear that discovery
would not uncover the identities, or that the complaint would be dismissed on other
grounds) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)).
-9-

1

group of Defendants has violated a constitutional right are not acceptable and will

2

be dismissed.

3

A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet,

4

963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896

5

F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat an original

6

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

7

in the original complaint and that was voluntarily dismissed or was dismissed without

8

prejudice is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa

9

County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc).

10

VI.

Warnings

11

A.

12

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

13

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

14

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

15

comply may result in dismissal of this action.

Release

16

B.

17

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

18

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

19

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

20

dismissal of this action.

Address Changes

21

C.

22

Plaintiff must submit an additional copy of every filing for use by the Court. See

23

LRCiv 5.4. Failure to comply may result in the filing being stricken without further

24

notice to Plaintiff.

Copies

25
26

Because the Complaint has been dismissed for failure to state a claim, if Plaintiff

27

fails to file an amended complaint correcting the deficiencies identified in this Order, the

28

JDDL-K

D.

dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g).

Possible “Strike”

- 10 -

1

Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil

2

judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more

3

prior occasions, while incarcerated or detained in any facility, brought an action or appeal

4

in a court of the United States that was dismissed on the grounds that it is frivolous,

5

malicious, or fails to state a claim upon which relief may be granted, unless the prisoner

6

is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

7

E.

8

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

9

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

10

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

11

order of the Court).

12

IT IS ORDERED:

13

(1)

Possible Dismissal

The Complaint (Doc. 1-1 at 5-7) is dismissed for failure to state a claim.

14

Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in

15

compliance with this Order.

16

(2)

If Plaintiff fails to file an amended complaint within 30 days, the Clerk of

17

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

18

prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g).

19
20
21

(3)

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

civil rights complaint by a prisoner.
DATED this 2nd day of May, 2014.

22
23
24
25
26
27
28

JDDL-K

- 11 -

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