Thierry v. Maricopa County Sheriff's Office et al

Filing 5

ORDER granting Plaintiff's 2 APPLICATION for Leave to Proceed In Forma Pauperis. The Complaint (Doc. 1 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). (See document for further details). Signed by Judge David G Campbell on 1/13/15. (LAD)

1
2

NA

WO

3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Kevin McKinley Thierry,

10
11
12

No. CV 14-2255-PHX-DGC (DKD)

Plaintiff,
v.

ORDER

Maricopa County Sheriff's Office, et al.,

13

Defendants.

14
15

Plaintiff Kevin McKinley Thierry, who is confined in the Maricopa County

16

Durango Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983

17

(Doc. 1) and an Application to Proceed In Forma Pauperis (Doc. 2). The Court will

18

dismiss the Complaint with leave to amend.

19

I.

Application to Proceed In Forma Pauperis and Filing Fee

20

Plaintiff’s Application to Proceed In Forma Pauperis will be granted. 28 U.S.C.

21

§ 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1).

22

The Court will not assess an initial partial filing fee. Id. The statutory filing fee will be

23

collected monthly in payments of 20% of the previous month’s income credited to

24

Plaintiff’s trust account each time the amount in the account exceeds $10.00. 28 U.S.C.

25

§ 1915(b)(2). The Court will enter a separate Order requiring the appropriate government

26

agency to collect and forward the fees according to the statutory formula.

27

II.

28

JDDL-K

Statutory Screening of Prisoner Complaints
The Court is required to screen complaints brought by prisoners seeking relief

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

defendant-unlawfully-harmed-me accusation.”

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

10

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

11

conclusory statements, do not suffice.” Id.

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

at 681.

22

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

23

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

24

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

25

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

26

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

27
28

JDDL-K

If the Court determines that a pleading could be cured by the allegation of other
facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal

-2-

1

of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc).

2

Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may

3

possibly be amended to state a claim, the Court will dismiss it with leave to amend.

4

III.

Complaint

5

In his three-count Complaint, Plaintiff sues as Defendants: the Maricopa County

6

Sheriff’s Office; Maricopa County Sheriff Joseph M. Arpaio; and Maricopa County

7

Supervisor Max W. Wilson. In Count One, Plaintiff raises a claim regarding “threat to

8

safety”; in Count Two, he raises a claim regarding “basic necessities”; and in Count

9

Three, he raises a claim regarding “exercise of religion.” Plaintiff seeks compensatory

10

relief.

11

Counts I and II consist of a laundry list of protestations regarding Plaintiff’s

12

conditions of confinement. In Count III, Plaintiff alleges that he is a Jehovah’s Witness.

13

He further alleges that he asked for a New World Holy Scriptures Bible and did not

14

receive one. Plaintiff contends that there are not any Jehovah’s Witness bible studies or

15

meetings offered at the Durango Jail. Plaintiff also alleges that only six inmates per pod

16

are permitted to attend church.

17

IV.

Failure to State a Claim

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

423 at 371-72, 377 (1976).

26
27

520-21 (1972), conclusory and vague allegations will not support a cause of action. Ivey

28

JDDL-K

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

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

-3-

1

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

2

claim that were not initially pled. Id.

3

Plaintiff appears to be seeking relief for allegedly unconstitutional conditions of

4

confinement. Plaintiff should be aware that a pretrial detainee’s claim for unconstitutional

5

conditions of confinement arises from the Fourteenth Amendment’s Due Process Clause

6

rather than from the Eighth Amendment’s prohibition against cruel and unusual

7

punishment. Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). Nevertheless, the same

8

standards are applied, requiring proof that the defendant acted with “deliberate

9

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

10

“Deliberate indifference” is a higher standard than negligence or lack of ordinary

11

due care for the prisoner’s health or safety. Farmer v. Brennan, 511 U.S. 825, 835

12

(1994). To state a claim of deliberate indifference, plaintiffs must meet a two-part test.

13

First, the alleged constitutional deprivation must objectively be “sufficiently serious”;

14

that is, the official’s act or omission must result in the denial of “the minimal civilized

15

measure of life’s necessities.” Id. at 834 (citations omitted). Second, the prison official

16

must have a “sufficiently culpable state of mind”; that is, “the official must be both aware

17

of facts from which the inference could be drawn that a substantial risk of serious harm

18

exists, and he must also draw that inference.” Id. at 837 (emphasis added).

19
20

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

21

civilized measure of life’s necessities” or basic safety, and that the defendant acted with

22

deliberate indifference to an excessive risk of inmate health or safety. Allen v. Sakai, 48

23

F.3d 1082, 1087 (9th Cir. 1994) (quoting Farmer, 511 U.S. at 834); see Estate of Ford v.

24

Ramirez-Palmer, 301 F.3d 1043, 1049-50 (9th Cir. 2002).

25

confinement rise to the level of a constitutional violation may depend, in part, on the

26

duration of an inmate’s exposure to those conditions. Keenan v. Hall, 83 F.3d 1083,

27

1089, 1091 (9th Cir. 1996) (citing Hutto v. Finney, 437 U.S. 678, 686-87 (1978)). “The

28

JDDL-K

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

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

-4-

Whether conditions of

1

in determining whether a constitutional violation has occurred.” Hearns v. Terhune, 413

2

F.3d 1036, 1042 (9th Cir. 2005) (quoting Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir.

3

2000)).

4

With respect to meals, “[t]he Eighth [and Fourteenth] Amendment[s] require[]

5

only that prisoners receive food that is adequate to maintain health; it need not be tasty or

6

aesthetically pleasing.” LeMaire v. Maass, 12 F.3d 1444, 1456 (9th Cir. 1993) (citation

7

omitted); see Frost, 152 F.3d at 1128 (applying Eighth Amendment standard to a pretrial

8

detainee’s Fourteenth Amendment claims regarding his conditions of confinement).

9

“The fact that the food occasionally contains foreign objects or sometimes is served cold,

10

while unpleasant, does not amount to a constitutional deprivation.” LeMaire, 12 F.3d at

11

1456 (citations omitted). An inmate may, however, state a claim where he alleges that he

12

is served meals with insufficient calories for long periods of time. Id.

13

With regard to the free exercise of religion, a plaintiff must allege that a defendant

14

substantially burdened his religious practice without a justification reasonably-related to

15

legitimate penological interests. Shakur v. Schriro, 514 F.3d 878 (9th Cir. 2008); Malik

16

v. Brown, 16 F.3d 330, 333 (9th Cir. 1994); Warsoldier v. Woodford, 418 F.3d 989, 995

17

(9th Cir. 2005) (citing Thomas v. Review Bd. of the Ind. Employment Sec. Div., 450 U.S.

18

707, 717-18 (1981) (pressure on exercise must be substantial)); Canell v. Lightner, 143

19

F.3d 1210, 1215 (9th Cir. 1998) (same). The religious practice or exercise at issue must

20

be rooted in sincerely-held religious belief and not in “‘purely secular’ philosophical

21

concerns.” Malik, 16 F.3d at 333 (internal citation omitted).

22
23

The Maricopa County Sheriff’s Office is not a proper defendant. In Arizona, the

24

responsibility of operating jails and caring for prisoners is placed by law upon the sheriff.

25

See Ariz. Rev. Stat. § 11-441(A)(5); Ariz. Rev. Stat. § 31-101. A sheriff’s office is

26

simply an administrative creation of the county sheriff to allow him to carry out his

27

statutory duties and not a “person” amenable to suit pursuant to § 1983. Accordingly, the

28

JDDL-K

A.

Maricopa County Sheriff’s Office will be dismissed from this action.

Maricopa County Sheriff’s Office

-5-

1

B.

2

To state a valid claim under § 1983, plaintiffs must allege that they suffered a

3

specific injury as a result of specific conduct of a specific defendant and show an

4

affirmative link between the injury and the conduct of that defendant. See Rizzo, 423 at

5

371-72, 377. There is no respondeat superior liability under § 1983, and, therefore, a

6

defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s

7

constitutional rights does not impose liability. Monell v. New York City Dep’t of Soc.

8

Servs., 436 U.S. 658, 691-92 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir.

9

1992); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). “Because vicarious liability is

10

inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-

11

official defendant, through the official’s own individual actions, has violated the

12

Constitution.” Iqbal, 556 U.S. at 676.

Joseph M. Arpaio and Max W. Wilson

13

Plaintiff has failed to allege any facts regarding Defendants Arpaio and Wilson in

14

his Complaint. Plaintiff does not allege that Defendants Arpaio or Wilson directly

15

violated Plaintiff’s constitutional rights. Moreover, Plaintiff does not allege facts that

16

Defendants Arpaio or Wilson violated Plaintiff’s constitutional rights pursuant to a

17

policy, practice, or custom, or that Defendants Arpaio or Wilson participated in or

18

directed any violations of Plaintiff’s rights, or knew of any violations of Plaintiff’s rights

19

but failed to act to prevent them. Accordingly, Plaintiff fails to state a claim against

20

Defendants Arpaio and Wilson, and they will be dismissed.

21

V.

Leave to Amend

22
23

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

24

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

25

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

26

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

27

complaint and dismiss this action without further notice to Plaintiff.

28

JDDL-K

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

....

-6-

1

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

2

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

3

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

4

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

5

If Plaintiff files an amended complaint, Plaintiff must write short, plain statements

6

telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name

7

of the Defendant who violated the right; (3) exactly what that Defendant did or failed to

8

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

9

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

10

that Defendant’s conduct. See Rizzo, 423 at 371-72, 377.

11

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

12

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

13

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

14

failure to state a claim.

15

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

16

dismissed.

Conclusory allegations that a Defendant or group of

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

VI.

Warnings

25
26

If Plaintiff is released while this case remains pending, and the filing fee has not

27

been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court

28

JDDL-K

A.

that he intends to pay the unpaid balance of his filing fee within 120 days of his release or

Release

-7-

1

(2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may

2

result in dismissal of this action.

3

B.

4

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

5

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

6

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

7

dismissal of this action.

Address Changes

8

C.

9

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

10

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

11

notice to Plaintiff.

Copies

12

D.

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

Possible “Strike”

22

E.

23

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

24

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

25

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

26

order of the Court).

27

IT IS ORDERED:

28

JDDL-K

(1)

Possible Dismissal

Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted.

-8-

(2)

As required by the accompanying Order to the appropriate government

agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial
filing fee.
(3)

The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff

has 30 days from the date this Order is filed to file a first amended complaint in
compliance with this Order.
(4)

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

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).
(5)

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

civil rights complaint by a prisoner.
Dated this 13th day of January, 2015.

-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