Johnson v. Jeusen et al
Filing
5
ORDER - IT IS ORDERED: Plaintiff's Application to Proceed In Forma Pauperis (Doc. #2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing fee. 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) and deny any pending unrelated motions as moot. (See document for complete details). Signed by Senior Judge James A Teilborg on 10/13/20. (SLQ)
1
WO
MH
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Timothy Ray Johnson,
10
11
12
No. CV 20-01824-PHX-JAT (MHB)
Plaintiff,
v.
ORDER
B. Jeusen, et al.,
13
Defendants.
14
15
Plaintiff Timothy Ray Johnson, who is confined in the Arizona State Prison
16
Complex (ASPC)-Florence, has filed a pro se civil rights Complaint pursuant to 42 U.S.C.
17
§ 1983 (Doc. 1) and an Application to Proceed In Forma Pauperis (Doc. 2). The Court will
18
grant the Application and dismiss the Complaint with leave to amend.
19
I.
Application to Proceed In Forma Pauperis and Filing Fee
20
21
U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C.
22
§ 1915(b)(1). The Court will not assess an initial partial filing fee. Id. The statutory filing
23
fee will be collected monthly in payments of 20% of the previous month’s income credited
24
to 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
....
28
JDDL-K
The Court will grant Plaintiff’s Application to Proceed In Forma Pauperis. 28
....
1
II.
Statutory Screening of Prisoner Complaints
2
The Court is required to screen complaints brought by prisoners seeking relief
3
against a governmental entity or an officer or an employee of a governmental entity. 28
4
U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff
5
has raised claims that are legally frivolous or malicious, that fail to state a claim upon which
6
relief may be granted, or that seek monetary relief from a defendant who is immune from
7
such relief. 28 U.S.C. § 1915A(b)(1)–(2).
8
A pleading must contain a “short and plain statement of the claim showing that the
9
pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does
10
not demand detailed factual allegations, “it demands more than an unadorned, the-
11
defendant-unlawfully-harmed-me accusation.”
12
(2009). “Threadbare recitals of the elements of a cause of action, supported by mere
13
conclusory statements, do not suffice.” Id.
Ashcroft v. Iqbal, 556 U.S. 662, 678
14
“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a
15
claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly,
16
550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content
17
that allows the court to draw the reasonable inference that the defendant is liable for the
18
misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for
19
relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial
20
experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual
21
allegations may be consistent with a constitutional claim, a court must assess whether there
22
are other “more likely explanations” for a defendant’s conduct. Id. at 681.
23
24
must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342
25
(9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent
26
standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551
27
U.S. 89, 94 (2007) (per curiam)).
28
JDDL-K
But as the United States Court of Appeals for the Ninth Circuit has instructed, courts
....
-2-
1
If the Court determines that a pleading could be cured by the allegation of other
2
facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal
3
of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc).
4
Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may
5
possibly be amended to state a claim, the Court will dismiss it with leave to amend.
6
III.
Complaint
7
In his three-count Complaint, Plaintiff alleges that he was denied basic necessities,
8
was deprived of his property, and had his safety threatened at ASPC-Florence. Plaintiff
9
names Assistant Deputy Warden B. Jeusen, Lieutenant S. King, and Captain Pizano as
10
Defendants and requests injunctive and monetary relief.
11
In Count One, Plaintiff alleges that “they will not give clothes to anybody at all,”
12
and “they say they have no boxers, no towels, no socks, no pants.” (Doc. 1 at 4.) According
13
to Plaintiff, he had to wear the same pants without boxers for two weeks and had to “drip
14
dry[]” after showering because he had no towel. (Id.) “In the long run,” he began to “stink
15
like [he] was a[n] animal,” felt like an animal, and decided to kill himself. (Id.) After he
16
swallowed razor blades, “the officers started making fun of [him],” so he harmed himself
17
“again and . . . again and again.” (Id.) Plaintiff has “all kinds of scars,” and his “head is
18
not right towards the officers.” (Id.) “[T]he voices are very, very, bad and . . . are not
19
happy about how these officers have treated [him],” that is, “like an animal in a feed lot.”
20
(Id.)
21
22
times” and have “ma[d]e up reason[s] on how the property came up missing.” (Id. at 6.)
23
“Every time it is the same kind of property that comes up missing”—soap, shampoo,
24
grease, body wash, envelopes. (Id.) According to Plaintiff, “they” allow “porters who are
25
thieves” to roll up his property or simply give the property away to other inmates. (Id.) It
26
makes Plaintiff “furious” to know that the officers he is supposed to trust with his life allow
27
his property to get taken simply because they do not want to roll it up themselves, and he
28
JDDL-K
In Count Two, Plaintiff claims that “they have lost [his] property[] all kinds of
has tried to kill himself as a result. (Id. at 6-7.)
-3-
1
In Count Three, Plaintiff alleges that another inmate has thrown hot grease, urine,
2
or feces on him on four occasions and the sergeants, lieutenants, and captains “all know”
3
but have “still put [him] in the same pods, over and over.” (Id. at 9.) Plaintiff claims “they
4
are refusing to house [him] anywhere else but the same pods” where he gets these
5
substances thrown on him. He alleges that he wrote to “all of these people and told them
6
the problem,” but either got no response or was told there were no moves at this time, there
7
was no room anywhere, and the basis for his request was “not a reason to move.” (Id.)
8
Plaintiff, who is currently in the watch pod, asked to be moved somewhere else when he
9
was removed from watch, but “this was a no from the [lieutenant].” (Id.) After Plaintiff
10
“told him they said he was not done [he] was told, ‘come back to our pod, you won’t get
11
greased.’” (Id.) Plaintiff “does not know what to do.” (Id.) Plaintiff now has a “trust
12
issue” with the officers, who have failed to “save [him] from getting thrown on.” (Id.)
13
IV.
Failure to State a Claim
14
To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants
15
(2) under color of state law (3) deprived him of federal rights, privileges or immunities and
16
(4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th Cir.
17
2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 1278,
18
1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific injury
19
as a result of the conduct of a particular defendant and he must allege an affirmative link
20
between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371-
21
72, 377 (1976).
22
A.
23
Plaintiff has not alleged any facts against a particular individual in Counts One and
24
Two. Accordingly, he has failed to state a claim in these counts, and they will be dismissed
25
without prejudice.
Counts One and Two
26
27
A convicted prisoner’s claim for threat to safety or failure to protect arises under the
28
JDDL-K
B.
Eighth Amendment. Bell v. Wolfish, 441 U.S. 520, 535 & n.16 (1979). To state a claim
Count Three
-4-
1
for failure to protect or threats to safety, a prisoner must allege facts to support that he was
2
incarcerated under conditions posing a substantial risk of harm and that prison officials
3
were “deliberately indifferent” to those risks. Farmer v. Brennan, 511 U.S. 825, 832-33
4
(1994). To adequately allege deliberate indifference, a plaintiff must allege facts to support
5
that a defendant knew of, but disregarded, an excessive risk to inmate safety. Id. at 837.
6
That is, “the official must both [have been] aware of facts from which the inference could
7
be drawn that a substantial risk of serious harm exist[ed], and he must also [have] draw[n]
8
the inference.” Id.
9
In Count Three, Plaintiff has largely alleged vague and conclusory allegations
10
against an unquantified group of individuals, without any factual specificity as to what any
11
particular Defendant did or failed to do. Such allegations are not sufficient to state a claim.
12
See Marcilis v. Township of Redford, 693 F.3d 589, 596 (6th Cir. 2012) (upholding
13
dismissal of Bivens complaint that referred to all defendants “generally and categorically”
14
because the plaintiff had failed to “‘allege, with particularity, facts that demonstrate what
15
each defendant did to violate the asserted constitutional right.’” (quoting Lanman v.
16
Hinson, 529 F.3d 673, 684 (6th Cir. 2008))); Robbins v. Oklahoma, 519 F.3d 1242, 1250
17
(10th Cir. 2008) (“Given the complaint’s use of either the collective term ‘Defendants’ or
18
a list of the defendants named individually but with no distinction as to what acts are
19
attributable to whom, it is impossible for any of these individuals to ascertain what
20
particular unconstitutional acts they are alleged to have committed.”).
21
To the extent Plaintiff’s allegations against unidentified sergeants, lieutenants, and
22
captains can be construed as allegations against the named Defendants, they are
23
nevertheless inadequate. Plaintiff has not alleged specific facts describing each instance in
24
which grease, urine, or feces were thrown at him; how these incidents posed a substantial
25
risk of harm to his safety; when and how each particular Defendant became aware of these
26
incidents; what, if anything, that Defendant did or said in response; and how that
27
Defendant’s response or lack of response caused him injury. In the absence of such
28
JDDL-K
-5-
1
information, Plaintiff cannot state a claim for relief. Count Three will therefore be
2
dismissed without prejudice.
3
V.
Leave to Amend
4
Within 30 days, Plaintiff may submit a first amended complaint to cure the
5
deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-approved form
6
to use for filing a first amended complaint. If Plaintiff fails to use the court-approved form,
7
the Court may strike the amended complaint and dismiss this action without further notice
8
to Plaintiff.
9
Plaintiff must clearly designate on the face of the document that it is the “First
10
Amended Complaint.” The first amended complaint must be retyped or rewritten in its
11
entirety on the court-approved form and may not incorporate any part of the original
12
Complaint by reference. Plaintiff may include only one claim per count.
13
A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet,
14
963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d
15
1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint
16
as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the
17
original Complaint and that was voluntarily dismissed or was dismissed without prejudice
18
is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693
19
F.3d 896, 928 (9th Cir. 2012) (en banc).
20
If Plaintiff files an amended complaint, Plaintiff must write short, plain statements
21
telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name
22
of the Defendant who violated the right; (3) exactly what that Defendant did or failed to
23
do; (4) how the action or inaction of that Defendant is connected to the violation of
24
Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of
25
that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377.
26
27
Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific
28
JDDL-K
Plaintiff must repeat this process for each person he names as a Defendant. If
injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for
-6-
1
failure to state a claim.
2
Defendants has violated a constitutional right are not acceptable and will be
3
dismissed.
Conclusory allegations that a Defendant or group of
4
Plaintiff should note that in order to state an Eighth Amendment conditions-of-
5
confinement claim, a plaintiff must meet a two-part test. “First, the alleged constitutional
6
deprivation must be, objectively, sufficiently serious” such that the “official’s act or
7
omission must result in the denial of the minimal civilized measure of life’s necessities.”
8
Farmer, 511 U.S. at 834 (internal quotations omitted). Second, the prison official must
9
have a “sufficiently culpable state of mind,” i.e., he must act with “deliberate indifference
10
to inmate health or safety.” Id. (internal quotations omitted). Deliberate indifference is a
11
higher standard than negligence or lack of ordinary due care for the prisoner’s safety. Id.
12
at 835. In defining “deliberate indifference” in this context, the Supreme Court has
13
imposed a subjective test: “the official must both be aware of facts from which the
14
inference could be drawn that a substantial risk of serious harm exists, and he must also
15
draw the inference.” Id. at 837 (emphasis added).
16
Plaintiff should also be aware that in Parratt v. Taylor, 451 U.S. 527, 541 (1981),
17
the Supreme Court held that due process is not violated when a state employee negligently
18
deprives an individual of property, as long as the state makes available a meaningful post-
19
deprivation remedy. Parratt’s underlying logic—that pre-deprivation procedures are
20
impractical where the state does not know a deprivation is going to occur—has been
21
extended to intentional unauthorized deprivations of property. Hudson v. Palmer, 468 U.S.
22
517, 533 (1984).
23
meaningful post-deprivation remedy, such as a common-law tort suit against a state
24
employee for intentional unauthorized deprivations, a federal due process claim is
25
precluded. Id. at 534-35; King v. Massarweh, 782 F.2d 825, 826 (9th Cir. 1986).
As with negligent deprivations, where a state makes available a
26
27
adequate postdeprivation remedy. Hudson, 468 U.S. at 533. Arizona provides meaningful
28
JDDL-K
The availability of a common-law tort suit against a state employee constitutes an
and adequate postdeprivation remedies through both the prison grievance system and the
-7-
1
state tort process. See Wright v. Riveland, 219 F.3d 905, 918 (9th Cir. 2000) (both state
2
tort claims and prison grievance procedures provide adequate postdeprivation remedies);
3
Ariz. Rev. Stat. § 12-821.01; Arizona Department of Corrections Order 909.8.0.
4
VI.
Warnings
5
A.
6
If Plaintiff is released while this case remains pending, and the filing fee has not
7
been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court
8
that he intends to pay the unpaid balance of his filing fee within 120 days of his release or
9
(2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may
10
Release
result in dismissal of this action.
11
B.
12
Plaintiff must file and serve a notice of a change of address in accordance with Rule
13
83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other
14
relief with a notice of change of address. Failure to comply may result in dismissal of this
15
action.
Address Changes
Possible “Strike”
16
C.
17
Because the Complaint has been dismissed for failure to state a claim, if Plaintiff
18
fails to file an amended complaint correcting the deficiencies identified in this Order, the
19
dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g).
20
Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil
21
judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior
22
occasions, while incarcerated or detained in any facility, brought an action or appeal in a
23
court of the United States that was dismissed on the grounds that it is frivolous, malicious,
24
or fails to state a claim upon which relief may be granted, unless the prisoner is under
25
imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).
26
27
If Plaintiff fails to timely comply with every provision of this Order, including these
28
JDDL-K
D.
warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d
Possible Dismissal
-8-
1
at 1260-61 (a district court may dismiss an action for failure to comply with any order of
2
the Court).
3
IT IS ORDERED:
4
(1)
Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted.
5
(2)
As required by the accompanying Order to the appropriate government
6
agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing
7
fee.
8
9
(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
10
with this Order.
11
(4)
If Plaintiff fails to file an amended complaint within 30 days, the Clerk of
12
Court must, without further notice, enter a judgment of dismissal of this action with
13
prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g)
14
and deny any pending unrelated motions as moot.
15
16
17
(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 October, 2020.
18
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. This section does not apply to
inmates housed at an Arizona Department of Corrections facility that participates in
electronic filing.
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 3/11/16
1
Phoenix & Prescott Divisions:
U.S. District Court Clerk
U.S. Courthouse, Suite 130
401 West Washington Street, SPC 10
Phoenix, Arizona 85003-2119
OR
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. This section does not apply to inmates housed at an Arizona Department of
Corrections facility that participates in electronic filing.
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 within 21 days after serving it or within 21 days after any defendant has filed
an answer, whichever is earlier. See Fed. R. Civ. P. 15(a). Thereafter, 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,”
“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,” “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,
CASE NO. __________________________________
(To be supplied by the Clerk)
v.
(1) _______________________________________ ,
(Full Name of Defendant)
CIVIL RIGHTS COMPLAINT
BY A PRISONER
(2) _______________________________________ ,
(3) _______________________________________ ,
G Original Complaint
G First Amended Complaint
G Second Amended Complaint
(4) _______________________________________ ,
Defendant(s).
G Check if there are additional Defendants and attach page 1-A listing them.
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 3/11/16
1
550/555
B. DEFENDANTS
1. Name of first Defendant:
. The first Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title)
(Institution)
2. Name of second Defendant:
. The second Defendant is employed as:
as: ______________________________________________ at_______________________________________.
(Position and Title)
(Institution)
3. Name of third Defendant:
. The third Defendant is employed
as: ______________________________________________ at_______________________________________.
(Position and Title)
(Institution)
4. Name of fourth Defendant:
. The fourth Defendant is employed
as: ______________________________________________ at_______________________________________.
(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:
1. Parties:
v.
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 institution?
G Yes
G No
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 institution?
G Yes
G No
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?