Appell v. Maricopa County Sheriff's Office et al

Filing 8

ORDER dismissing 7 First Amended Complaint with 30 days leave to amend. Clerk must enter dismissal with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C.§ 1915(g) if Plaintiff fails to comply. Signed by Judge David G Campbell on 9/18/14. (LSP)

Download PDF
1 2 KAB WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Benjamin Jacob Appell, 10 11 12 No. CV 14-1218-PHX-DGC (MEA) Plaintiff, vs. ORDER Maricopa County, et al., 13 Defendants. 14 15 On June 2, 2014, Plaintiff Benjamin Jacob Appell, who is confined in the 16 Maricopa County Durango Jail, filed a pro se civil rights Complaint pursuant to 42 17 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a July 7, 2014 18 Order, the Court granted the Application to Proceed and dismissed the Complaint 19 because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file an 20 amended complaint that cured the deficiencies identified in the Order. 21 On August 11, 2014, Plaintiff filed his First Amended Complaint (Doc. 7). The 22 Court will dismiss the First Amended Complaint with leave to amend. 23 I. Statutory Screening of Prisoner Complaints 24 25 against a governmental entity or an officer or an employee of a governmental entity. 28 26 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 27 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 28 JDDL-K The Court is required to screen complaints brought by prisoners seeking relief which relief may be granted, or that seek monetary relief from a defendant who is 1 immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). 2 A pleading must contain a “short and plain statement of the claim showing that the 3 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). While Rule 8 does not demand 4 detailed factual allegations, “it demands more than an unadorned, the-defendant- 5 unlawfully-harmed-me accusation.” 6 “Threadbare recitals of the elements of a cause of action, supported by mere conclusory 7 statements, do not suffice.” Id. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 8 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 9 claim to relief that is plausible on its face.’” Id. A claim is plausible “when the plaintiff 10 pleads factual content that allows the court to draw the reasonable inference that the 11 defendant is liable for the misconduct alleged.” Id. “Determining whether a complaint 12 states a plausible claim for relief [is] . . . a context-specific task that requires the 13 reviewing court to draw on its judicial experience and common sense.” Id. at 679. Thus, 14 although a plaintiff’s specific factual allegations may be consistent with a constitutional 15 claim, a court must assess whether there are other “more likely explanations” for a 16 defendant’s conduct. Id. at 681. 17 18 courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 19 342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less 20 stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. 21 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). If the Court determines that a pleading 22 could be cured by the allegation of other facts, a pro se litigant is entitled to an 23 opportunity to amend a complaint before dismissal of the action. See Lopez v. Smith, 203 24 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). Plaintiff’s First Amended Complaint will 25 be dismissed for failure to state a claim, but because it may possibly be amended to state 26 a claim, the Court will dismiss it with leave to amend. 27 .... 28 JDDL-K But as the United States Court of Appeals for the Ninth Circuit has instructed, .... -2- 1 II. 2 3 In his First Amended Complaint, Plaintiff alleges four counts against the Maricopa County Sheriff’s Office and Maricopa County. 4 5 First Amended Complaint In Count One, Plaintiff alleges that his bunk bed is faulty, which caused it to collapse on him. 6 In Count Two, Plaintiff alleges as follows: “molded bread, rotten fruit, hot meal 7 served cold, expired milk, not enough portion of food, [and] under 2,000 calories served 8 per day.” Plaintiff alleges that he has suffered loss of weight, headaches, and diarrhea. 9 In Count Three, Plaintiff alleges as follows: “no fresh air, filthy filter and unclean 10 duct work, asbestos in building ceiling, lead paint chips falling off wall circulation with 11 air, flu and cold virus, multiple inmates always sick, [and] tuberculosis.” Plaintiff alleges 12 that he has suffered loss of sleep, body aches, headaches, and flu viruses. 13 In Count Four, Plaintiff alleges as follows: “asbestos in building, 64 men to 2 14 toilets and 2 showers, overcrowding/to[o] many inmates, nowhere to eat my meals, no 15 sprinkler system in housing unit, housing with sick inmates, lead paint falling off walls, 16 fire hazards, [and] black mold in bathroom.” Plaintiff alleges that he has suffered body 17 injury, stress, loss of sleep, and constant coughing. 18 19 Plaintiff requests monetary relief. III. Failure to State a Claim 20 21 (2) under color of state law (3) deprived him of federal rights, privileges or immunities 22 and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th 23 Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 24 1278, 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific 25 injury as a result of the conduct of a particular defendant and he must allege an 26 affirmative link between the injury and the conduct of that defendant. Rizzo v. Goode, 27 423 U.S. 362, 371-72, 377 (1976). 28 JDDL-K To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants .... -3- 1 Moreover, although pro se pleadings are liberally construed, Haines v. Kerner, 2 404 U.S. 519, 520-21 (1972), conclusory and vague allegations will not support a cause 3 of action. Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 4 1982). 5 essential elements of the claim that were not initially pled. Id. Further, a liberal interpretation of a civil rights complaint may not supply 6 A. 7 The Maricopa County Sheriff’s Office is not a proper defendant. In Arizona, the 8 responsibility of operating jails and caring for prisoners is placed by law upon the sheriff. 9 See Ariz. Rev. Stat. Ann. § 11-441(A)(5); Ariz. Rev. Stat. Ann. § 31-101. A sheriff’s 10 office is simply an administrative creation of the county sheriff to allow him to carry out 11 his statutory duties and not a “person” amenable to suit pursuant to § 1983. Accordingly, 12 the Maricopa County Sheriff’s Office will be dismissed. The Maricopa County Sheriff’s Office 13 B. 14 Plaintiff has failed to state a claim upon which relief can be granted against 15 Defendant Maricopa County. The actions of individuals only support municipal liability 16 if a claimed injury resulted pursuant to an official policy, practice, or custom of the 17 municipality. 18 omitted); Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 2001) (citations 19 omitted). For that reason, a municipality may not be sued solely because an injury was 20 inflicted by one of its employees or agents. Long v. County of Los Angeles, 442 F.3d 21 1178, 1185 (9th Cir. 2006) (citation omitted). Rather, the municipality is liable only 22 when the execution of its policy or custom inflicts the constitutional injury. Id. (citation 23 omitted); Miranda v. City of Cornelius, 429 F.3d 858, 868 (9th Cir. 2005) (citation 24 omitted). Maricopa County Botello v. Gammick, 413 F.3d 971, 978-79 (9th Cir. 2005) (citation 25 26 Plaintiff does not allege that Maricopa County has a policy or custom that resulted in a 27 constitutional injury to Plaintiff. Accordingly, Plaintiff has failed to state a claim against 28 JDDL-K Plaintiff has included no allegations against Maricopa County in his Complaint. Maricopa County in his Complaint and it will be dismissed. -4- 1 IV. Leave to Amend 2 For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed 3 for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff 4 may submit a second amended complaint to cure the deficiencies outlined above. The 5 Clerk of Court will mail Plaintiff a court-approved form to use for filing a second 6 amended complaint. If Plaintiff fails to use the court-approved form, the Court may 7 strike the second amended complaint and dismiss this action without further notice to 8 Plaintiff. 9 Plaintiff must clearly designate on the face of the document that it is the “Second 10 Amended Complaint.” The second amended complaint must be retyped or rewritten in 11 its entirety on the court-approved form and may not incorporate any part of the original 12 Complaint or First Amended Complaint by reference. Plaintiff may include only one 13 claim per count. 14 If Plaintiff files a second amended complaint, Plaintiff must write short, plain 15 statements telling the Court: (1) the constitutional right Plaintiff believes was violated; 16 (2) the name of the Defendant who violated the right; (3) exactly what that Defendant did 17 or failed to do; (4) how the action or inaction of that Defendant is connected to the 18 violation of Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered 19 because of that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 20 Plaintiff must repeat this process for each person he names as a Defendant. If 21 Plaintiff fails to affirmatively link the conduct of each named Defendant1 with the 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 second amended complaint, and, in the body of the second amended 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)). -5- 1 specific injury suffered by Plaintiff, the allegations against that Defendant will be 2 dismissed for failure to state a claim. Conclusory allegations that a Defendant or 3 group of Defendants has violated a constitutional right are not acceptable and will 4 be dismissed. 5 Moreover, Plaintiff should be aware that a pretrial detainee’s claim for 6 unconstitutional conditions of confinement arises from the Fourteenth Amendment Due 7 Process Clause rather than from the Eighth Amendment prohibition against cruel and 8 unusual punishment. Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). Nevertheless, the 9 same standards are applied, requiring proof that the defendant acted with deliberate 10 indifference. See Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998) (citation omitted). 11 Deliberate indifference is a higher standard than negligence or lack of ordinary 12 due care for the prisoner’s safety. Farmer v. Brennan, 511 U.S. 825, 835 (1994). To 13 state a claim of deliberate indifference, plaintiffs must meet a two-part test. First, the 14 alleged constitutional deprivation must be, objectively, “sufficiently serious”; the 15 official’s act or omission must result in the denial of “the minimal civilized measure of 16 life’s necessities.” Id. at 834. Second, the prison official must have a “sufficiently 17 culpable state of mind,” i.e., he must act with deliberate indifference to inmate health or 18 safety. Id. In defining “deliberate indifference” in this context, the Supreme Court has 19 imposed a subjective test: “the official must both be aware of facts from which the 20 inference could be drawn that a substantial risk of serious harm exists, and he must also 21 draw the inference.” Id. at 837 (emphasis added). 22 23 allege that a defendant’s acts or omissions have deprived the inmate of “the minimal 24 civilized measure of life’s necessities” and that the defendant acted with deliberate 25 indifference to an excessive risk to inmate health or safety. Allen v. Sakai, 48 F.3d 1082, 26 1087 (9th Cir. 1994) (quoting Farmer, 511 U.S. at 834); see Estate of Ford v. Ramirez– 27 Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002). Whether conditions of confinement rise 28 JDDL-K To state a claim for unconstitutional conditions of confinement, a plaintiff must to the level of a constitutional violation may depend, in part, on the duration of an -6- 1 inmate’s exposure to those conditions. Keenan v. Hall, 83 F.3d 1083, 1089, 1091 (9th 2 Cir. 1996) (citing Hutto v. Finney, 437 U.S. 678, 686-87 (1978)). “The circumstances, 3 nature, and duration of a deprivation of [ ] necessities must be considered in determining 4 whether a constitutional violation has occurred.” Hearns v. Terhune, 413 F.3d 1036, 5 1042 (9th Cir. 2005) (quoting Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000)). 6 Allegations of overcrowding, without more, do not state a claim under the Eighth 7 and Fourteenth Amendments. See Hoptowit v. Ray, 682 F.2d 1237, 1248-49 (9th Cir. 8 1982). A plaintiff may, however, state a cognizable claim where he or she alleges that 9 overcrowding results in some unconstitutional condition. See, e.g., Akao v. Shimoda, 832 10 F.2d 119, 120 (9th Cir. 1987) (reversing district court’s dismissal of claim that 11 overcrowding caused increased stress, tension and communicable disease among inmate 12 population); see also Toussaint v. Yockey, 722 F.2d 1490, 1492 (9th Cir. 1984) (affirming 13 that an Eighth Amendment violation may occur as a result of overcrowded prison 14 conditions causing increased violence, tension and psychiatric problems). 15 With respect to meals, “[t]he Eighth [and Fourteenth] Amendment[s] require[] 16 only that prisoners receive food that is adequate to maintain health; it need not be tasty or 17 aesthetically pleasing.” LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993); see 18 Frost, 152 F.3d at 1128 (applying Eighth Amendment standard to a pretrial detainee’s 19 Fourteenth Amendment claims regarding his conditions of confinement). “The fact that 20 the food occasionally contains foreign objects or sometimes is served cold, while 21 unpleasant, does not amount to a constitutional deprivation.” LeMaire, 12 F.3d at 1456 22 (citations omitted). An inmate may, however, state a claim where he alleges that he is 23 served meals with insufficient calories for long periods of time. Id. 24 25 Amended Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal 26 Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After 27 amendment, the Court will treat the original Complaint and First Amended Complaint as 28 JDDL-K A second amended complaint supersedes the original Complaint and First nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the -7- 1 original complaint or first amended complaint and that was voluntarily dismissed or was 2 dismissed without prejudice is waived if it is not alleged in a second amended complaint. 3 Lacey v. Maricopa County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 4 V. Warnings 5 A. 6 Plaintiff must pay the unpaid balance of the filing fee within 120 days of his 7 release. Also, within 30 days of his release, he must either (1) notify the Court that he 8 intends to pay the balance or (2) show good cause, in writing, why he cannot. Failure to 9 comply may result in dismissal of this action. Release 10 B. 11 Plaintiff must file and serve a notice of a change of address in accordance with 12 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 13 for other relief with a notice of change of address. Failure to comply may result in 14 dismissal of this action. Address Changes 15 C. 16 Plaintiff must submit an additional copy of every filing for use by the Court. See 17 LRCiv 5.4. Failure to comply may result in the filing being stricken without further 18 notice to Plaintiff. Copies 19 D. 20 Because the First Amended Complaint has been dismissed for failure to state a 21 claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies 22 identified in this Order, the dismissal may count as a “strike” under the “3-strikes” 23 provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring 24 a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the 25 prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 26 brought an action or appeal in a court of the United States that was dismissed on the 27 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be Possible “Strike” 28 JDDL-K -8- 1 granted, unless the prisoner is under imminent danger of serious physical injury.” 28 2 U.S.C. § 1915(g). 3 E. 4 If Plaintiff fails to timely comply with every provision of this Order, including 5 these warnings, the Court may dismiss this action without further notice. See Ferdik, 963 6 F.2d at 1260-61 (a district court may dismiss an action for failure to comply with any 7 order of the Court). 8 IT IS ORDERED: 9 (1) Possible Dismissal The First Amended Complaint (Doc. 7) is dismissed for failure to state a 10 claim. Plaintiff has 30 days from the date this Order is filed to file a second amended 11 complaint in compliance with this Order. 12 (2) If Plaintiff fails to file a second amended complaint within 30 days, the 13 Clerk of Court must, without further notice, enter a judgment of dismissal of this action 14 with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. 15 § 1915(g). 16 (3) 17 18 The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Dated this 18th day of September, 2014. 19 20 21 22 23 24 25 26 27 28 JDDL-K -9- Instructions for a Prisoner Filing a Civil Rights Complaint in the United States District Court for the District of Arizona 1. Who May Use This Form. The civil rights complaint form is designed to help incarcerated persons prepare a complaint seeking relief for a violation of their federal civil rights. These complaints typically concern, but are not limited to, conditions of confinement. This form should not be used to challenge your conviction or sentence. If you want to challenge a state conviction or sentence, you should file a petition under 28 U.S.C. § 2254 for a writ of habeas corpus by a person in state custody. If you want to challenge a federal conviction or sentence, you should file a motion under 28 U.S.C. § 2255 to vacate sentence in the federal court that entered the judgment. 2. The Form. Local Rule of Civil Procedure (LRCiv) 3.4(a) provides that complaints by incarcerated persons must be filed on the court-approved form. The form must be typed or neatly handwritten. The form must be completely filled in to the extent applicable. All questions must be answered clearly and concisely in the appropriate space on the form. If needed, you may attach additional pages, but no more than fifteen additional pages, of standard letter-sized paper. You must identify which part of the complaint is being continued and number all pages. If you do not fill out the form properly, you will be asked to submit additional or corrected information, which may delay the processing of your action. You do not need to cite law. 3. Your Signature. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. 4. The Filing 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?