Dudley #112183 v. Mooney et al

Filing 9

ORDER the First Amended Complaint is dismissed with 30 days leave to amend. IT IS FURTHER ORDERED granting 5 Motion for a Case Number. The Request for Sanctions is denied. 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 Senior Judge Stephen M McNamee on 12/22/14.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Damien Lakieth Dudley,

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No. CV 14-2006-PHX-SMM (JZB)

Plaintiff,
v.

ORDER

Wayne Mooney, et al.,

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Defendants.

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On July 30, 2014, Plaintiff Damien Lakieth Dudley, who is confined in the

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Arizona State Prison Complex-Lewis, filed a pro se civil rights Complaint (Doc. 1,

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Attach. 1, Ex. C) in the Maricopa County Superior Court against Deputy Warden Wayne

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Mooney, and the Arizona Department of Corrections (ADOC). On September 5, 2014,

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Plaintiff filed a “First Amended Special Action Complaint” (Doc. 1, Attach. 1, Ex. C) in

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Maricopa County Superior Court against Deputy Warden Wayne Mooney and the State

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of Arizona. On September 11, 2014, the ADOC filed a Notice of Removal based on

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federal question jurisdiction and paid the $400.00 filing fee. The ADOC states that it was

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served with the original Complaint on August 11, 2014.1 The ADOC’s counsel indicates

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that he is not aware of service on any of the remaining Defendants.

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....

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The ADOC states that it was served with the original Complaint on August 11,
2013; however, this appears to be a typographical error and the Court assumes that it was
served on August 11, 2014.

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The ADOC’s counsel fails to address the fact that the ADOC is not a named

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Defendant in the First Amended Special Action Complaint filed in state court and, in the

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Notice of Removal, refers to Plaintiff’s claims in both the original Complaint and the

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First Amended Special Action Complaint.

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determine whether the ADOC properly removed this case. Nonetheless, referral to the

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Maricopa County Superior Court docket indicates that Plaintiff’s First Amended Special

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Action Complaint was filed outside the time frame allowed by Arizona Rule of Civil

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Procedure 15(a) and the Maricopa County Superior Court docket still lists Defendants as

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the ADOC and Wayne Mooney. See The Judicial Branch of Arizona, Maricopa County,

As such, it is difficult for the Court to

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Civil

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http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp (last visited

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Dec. 18, 2014). Moreover, Plaintiff has not moved to remand within thirty days of the

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Notice of Removal, so the Court assumes the ADOC was a proper Defendant at the time

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of removal.2

Court

Case

Information

Case

History,

available

at

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After removal, Plaintiff filed a “First Amended Complaint” (Doc. 7) on this

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Court’s form alleging claims against Deputy Warden Wayne Mooney, the ADOC, and

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Sergeant John Doe. The Court will consider this “First Amended Complaint” to be the

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operative Complaint and will screen it accordingly. Because Plaintiff filed his First

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Amended Complaint prior to screening, it is the operative complaint and the Court will

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treat the original Complaint and the First Amended Special Action Complaint as

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nonexistent. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

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I.

Statutory Screening of Prisoner Complaints

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

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

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

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

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The original Complaint facially supports that subject matter jurisdiction is proper
in federal court.
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which relief may be granted, or that seek monetary relief from a defendant who is

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

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

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pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8

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does not demand detailed factual allegations, “it demands more than an unadorned, the-

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defendant-unlawfully-harmed-me accusation.”

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(2009). “Threadbare recitals of the elements of a cause of action, supported by mere

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conclusory statements, do not suffice.” Id.

Ashcroft v. Iqbal, 556 U.S. 662, 678

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

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claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly,

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550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual

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content that allows the court to draw the reasonable inference that the defendant is liable

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for the misconduct alleged.” Id. “Determining whether a complaint states a plausible

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claim for relief [is] . . . a context-specific task that requires the reviewing court to draw

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on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s

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

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

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at 681.

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Rule 8(a) of the Federal Rules of Civil Procedure requires a “short and plain

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allegation must be simple, concise, and direct.” A complaint having the factual elements

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of a cause of action scattered throughout the complaint and not organized into a “short

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and plain statement of the claim” may be dismissed for failure to satisfy Rule 8(a). See

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Sparling v. Hoffman Constr. Co., 864 F.2d 635, 640 (9th Cir. 1988); see also McHenry v.

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Renne, 84 F.3d 1172 (9th Cir. 1996). To comply with Rule 8, a plaintiff should set forth

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“who is being sued, for what relief, and on what theory, with enough detail to guide

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discovery.” McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). It is not the

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statement of the claim.”

responsibility of the Court to review a rambling narrative in an attempt to determine the

Fed. R. Civ. P. 8(a)(2).

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Rule 8(d)(1) states that “[e]ach

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number and nature of a plaintiff’s claims.

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

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

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

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

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Pardus, 551 U.S. 89, 94 (2007) (per curiam)).

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II.

Complaint

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In his First Amended Complaint, Plaintiff alleges one count against Deputy

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Warden Wayne Mooney, the ADOC, and Sergeant John Doe. Plaintiff seeks injunctive

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relief, costs, and fees.

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In his First Amended Complaint, Plaintiff alleges that his Fourteenth Amendment

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due process rights were violated as follows: On July 6, 2013, he was charged with

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violating rule “11-B Disrupting Institution Count and/or Being Out of Place.” Plaintiff

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contends that at his disciplinary hearing, Sergeant John Doe denied Plaintiff’s requests to

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see the Disciplinary Hearing Officer and seek the testimony of relevant witnesses.

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Plaintiff was found guilty of the violation. Doe told Plaintiff “the next time an officer

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tells [him] to drop [his] grievances[, he] should listen [and] not file a grievance against

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that officer for retaliation.” Plaintiff asked Doe for the forms to appeal the disciplinary

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charge; Doe smiled at Plaintiff and told him that Doe “would have to get back to

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[Plaintiff] on that one.” Plaintiff then wrote to Defendant Mooney requesting the appeal

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form; Mooney never responded to this request.

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In the remainder of his First Amended Complaint, Plaintiff does not allege any

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facts against any of the named Defendants and, as a result, has failed to state a claim

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against the named Defendants in the remainder of his allegations.3 Accordingly, the

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Court will not recount those allegations.

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Over the years, Plaintiff has filed eight pro se civil rights complaints under 42
U.S.C. § 1983. Plaintiff is well aware of the standard to state a claim, as he has been
repeatedly informed. See Dudley v. Schriro, et al.,CV 04-2244-PHX-SMM (D. Ariz. Jan.
5, 2005); Dudley v. Maricopa County Sheriff’s Office, CV 07-1534-PHX-SMM (D. Ariz.
May 9, 2008); Dudley v. Robbinson, et al, CV 08-1315-PHX-SMM (D. Ariz. Oct. 20,
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III.

Failure to State a Claim

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To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants

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

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and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th

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Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d

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1278, 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific

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injury as a result of the conduct of a particular defendant and he must allege an

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affirmative link between the injury and the conduct of that defendant. Rizzo v. Goode,

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

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A.

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Plaintiff does not allege any facts against the ADOC. Accordingly, Plaintiff fails

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ADOC

to state a claim against the ADOC, and it will be dismissed.

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B.

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Plaintiff sues Deputy Warden Wayne Mooney. While Mooney may be sued under

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§ 1983, Plaintiff fails to state a claim against him. To state a claim against a defendant,

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“[a] plaintiff must allege facts, not simply conclusions, that show that an individual was

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personally involved in the deprivation of his civil rights.” Barren v. Harrington, 152

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F.3d 1193, 1194 (9th Cir. 1998). For an individual to be liable in his official capacity, a

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plaintiff must allege that the official acted as a result of a policy, practice, or custom. See

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Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 2001). There is no

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respondeat superior liability under §1983, so a defendant’s position as the supervisor of

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someone who allegedly violated a plaintiff’s constitutional rights does not make him

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liable. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 (1978); Taylor v. List, 880 F.2d

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1040, 1045 (9th Cir. 1989). A supervisor in his individual capacity, “is only liable for

Deputy Warden Wayne Mooney

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2009); Dudley v. Maricopa County Sheriff’s Office, et al., CV 08-1825-PHX-SMM (D.
Ariz. June 19, 2009); Dudley v. Maricopa County, CV 02-2168-PHX-SMM (D. Ariz.
Jan. 5, 2009); Dudley v. Arizona Department of Corrections, et al., CV 10-1877-PHXSMM (LOA) (D. Ariz. Sept. 30, 2010); Dudley v. Cesolini, CV 11-0387-PHX-SMM (D.
Ariz. May 11, 2012); Dudley v. Arizona Department of Corrections, et al., CV 11-1000PHX-SMM (LOA).
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constitutional violations of his subordinates if the supervisor participated in or directed

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the violations, or knew of the violations and failed to act to prevent them.” Taylor, 880

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F.2d at 1045.

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Plaintiff alleges that he wrote to Defendant Mooney requesting the appeal form

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and that Mooney never responded to this request. These allegations are insufficient to

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support a federal claim against Mooney.

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dismissed.

Accordingly, Defendant Mooney will be

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C.

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Plaintiff asserts a violation of due process. Prisoners are entitled to due process

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protections when subject to disciplinary sanctions. See Wolff v. McDonnell, 418 U.S.

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539, 564-71 (1974). However, the Supreme Court held that these procedural protections

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are not implicated unless the deprivation involves a protected liberty interest. Sandin v.

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Conner, 515 U.S. 472, 484 (1995). Liberty interests that entitle an inmate to due process

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are “generally limited to freedom from restraint which, while not exceeding the sentence

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in such an unexpected manner as to give rise to protection by the Due Process Clause of

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its own force, nonetheless imposes atypical and significant hardship on the inmate in

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relation to the ordinary incidents of prison life.” Id. (internal citations omitted). Thus,

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“[a]s long as the conditions or degree of confinement to which the prisoner is subjected is

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within the sentence imposed upon him and is not otherwise violative of the Constitution,

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the Due Process Clause does not in itself subject an inmate’s treatment by prison

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authorities to judicial oversight.” Montanye v. Haymes, 427 U.S. 236, 242 (1976).

Due Process

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consider are: (1) the conditions of confinement; (2) the duration of the condition and the

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degree of restraint imposed; and (3) whether the sanction will affect the duration of the

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prisoner’s sentence. Ramirez v. Galaza, 334 F.3d 850, 861 (9th Cir.2003); Keenan v.

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Hall, 83 F.3d 1083, 1088-89 (9th Cir. 1996). “Atypicality” requires not merely an

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empirical comparison, but turns on the importance of the right taken away from the

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In analyzing whether a hardship is atypical and significant, three guideposts to

prisoner. See Carlo v. City of Chino, 105 F.3d 493, 499 (9th Cir. 1997); see, e.g., Sandin,

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515 U.S. at 472 (30 days disciplinary segregation is not atypical and significant); Torres

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v. Fauver, 292 F.3d 141, 151 (3d Cir. 2002) (4 months in ad-seg is not atypical and

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significant); Griffin v. Vaughn, 112 F.3d 703, 706708 (3d Cir. 1997) (15 months ad-seg is

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not atypical and significant); Beverati v. Smith, 120 F.3d 500, 504 (4th Cir. 1997) (6

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months of confinement in especially disgusting conditions that were “more burdensome

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than those imposed on the general prison population were not atypical . . . in relation to

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the ordinary incidents of prison life.”); Jones v. Baker, 155 F.3d 810 (6th Cir. 1998) (2

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years in ad-seg is not atypical and significant); Jacks v. Crabtree, 114 F.3d 983 (9th Cir.

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1997) (denial of year sentence reduction is not an atypical and significant hardship).

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Thus, to determine whether an inmate is entitled to the procedural protections afforded by

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the Due Process Clause, the Court must look to the particular restrictions imposed and

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ask whether they “‘present the type of atypical, significant deprivation in which a state

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might conceivably create a liberty interest.’” Mujahid v. Meyer, 59 F.3d 931, 932 (9th

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Cir. 1995) (quoting Sandin, 515 U.S. at 486).

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If a court determines that a protected liberty interest is implicated, a plaintiff must

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also specify the due process safeguard he was denied and by whom. “Prison disciplinary

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proceedings are not part of a criminal prosecution, and the full panoply of rights due a

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defendant in such proceedings does not apply.” Wolff, 418 U.S. at 556. Procedural due

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process safeguards in a prison disciplinary hearing require that the defendant receive: (1)

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written notice of the charges, no less than twenty-four hours prior to the hearing; (2) a

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written statement by the fact-finder as to the evidence relied on and reasons for the

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disciplinary action and (3) a limited right to call witnesses and present documentary

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evidence when it would not be unduly hazardous to institutional safety or correctional

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goals to allow the defendant to do so. Id. at 565-66.

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In this case, although it is not entirely clear, Plaintiff appears to be complaining

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about his classification.4 Plaintiff has not alleged that the conditions or degree of his

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Inmates do not have a constitutional right to a particular classification. To the
extent that Plaintiff seeks relief solely based on his classification, he fails to state a claim.
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confinement is outside the sentence imposed upon him, thus creating an atypical and

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significant hardship. Therefore, Plaintiff has not alleged that he was deprived of a liberty

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interest entitling him to due process protections.

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To the extent that Plaintiff is attempting to claim that the duration of his

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confinement has been affected by this disciplinary violation, habeas corpus is the

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appropriate vehicle to seek relief; a civil rights action pursuant to § 1983 is not available

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unless and until the prisoner has obtained a “favorable termination” of the underlying

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disciplinary action. Docken v. Chase, 393 F.3d 1024, 1031 (9th Cir. 2004). Accordingly,

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Plaintiff fails to state a claim in Count One, and Count One will be dismissed.

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IV.

Leave to Amend

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For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed

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for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff

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may submit a second amended complaint to cure the deficiencies outlined above. The

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Clerk of Court will mail Plaintiff a court-approved form to use for filing a second

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amended complaint. If Plaintiff fails to use the court-approved form, the Court may

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strike the second amended complaint and dismiss this action without further notice to

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Plaintiff.

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

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

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

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Complaint or First Amended Complaint by reference. Plaintiff may include only one

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claim per count.

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

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

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

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

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If Plaintiff files a second amended complaint, Plaintiff must write short, plain

because of that Defendant’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377

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(1976).

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

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Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific

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

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failure to state a claim.

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Defendants has violated a constitutional right are not acceptable and will be

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dismissed.

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Conclusory allegations that a Defendant or group of

A second amended complaint supersedes the original Complaint, the First
Amended Special Action Complaint, and the First Amended Complaint.

Ferdik v.

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

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Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the

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original Complaint, First Amended Special Action Complaint, and First Amended

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

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in the original Complaint, First Amended Special Action Complaint, or First Amended

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Complaint and that was voluntarily dismissed or was dismissed without prejudice is

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waived if it is not alleged in a second amended complaint. Lacey v. Maricopa County,

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

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V.

Motions for a Case Number and Request for Sanctions

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On September 22, 2014, Plaintiff filed a Motion for a Case Number and Request

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for Sanctions (Doc. 5). Plaintiff’s Motion for a Case Number is granted to the extent set

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forth herein. Plaintiff’s request for sanctions is denied.

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VI.

Warnings

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

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

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

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dismissal of this action.

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A.

....

Address Changes

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B.

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Because Plaintiff is currently confined in an Arizona Department of Corrections

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unit subject to General Order 14-17, Plaintiff is not required to submit an additional copy

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of every filing for use by the Court, as would ordinarily be required by Local Rule of

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Civil Procedure 5.4. If Plaintiff is transferred to a unit other than one subject to General

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Order 14-17, he will be notified of the requirements regarding copies for the Court that

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are required for inmates whose cases are not subject to General Order 14-17.

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C.

Copies

Possible “Strike”

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Because the First Amended Complaint has been dismissed for failure to state a

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claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies

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identified in this Order, the dismissal may count as a “strike” under the “3-strikes”

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provision of 28 U.S.C. § 1915(g).

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bring a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915

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“if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any

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facility, brought an action or appeal in a court of the United States that was dismissed on

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the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may

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be granted, unless the prisoner is under imminent danger of serious physical injury.” 28

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U.S.C. § 1915(g).

Under the 3-strikes provision, a prisoner may not

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D.

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

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

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

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order of the Court).

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IT IS ORDERED:

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(1)

Possible Dismissal

The First Amended Complaint (Doc. 7) is dismissed for failure to state a

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claim. Plaintiff has 30 days from the date this Order is filed to file a second amended
complaint in compliance with this Order.

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(2)

The Motion for a Case Number is granted.

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(3)

The Request for Sanctions is denied.

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(4)

If Plaintiff fails to file a second amended complaint within 30 days, the

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

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with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C.

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§ 1915(g).

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(5)

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

civil rights complaint by a prisoner.
DATED this 22nd day of December, 2014.

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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

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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.
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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.

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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.

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