Haney v. Mohave, County of et al

Filing 9

ORDER denying 5 Plaintiff's Motion to Amend; granting 6 Plaintiff's Motion for Leave to Proceed in forma pauperis. The Complaint is dismissed for failure to state a claim 1 . Plaintiff has 30 days from the date this Order is filed to f ile a first amended complaint. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal with prejudice that states that the dismissal may count as a strike under 28:1915(g). The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Robert C Broomfield on 3/21/12.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John Lynn Haney,
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Plaintiff,
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vs.
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Mohave County, et al.,
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Defendants.
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No. CV 11-8197-PCT-RCB (DKD)
ORDER

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Plaintiff John Lynn Haney, who is confined in the Mohave County Jail in Kingman,

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Arizona, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an

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Application to Proceed In Forma Pauperis. (Doc. 1, 6.) Plaintiff has also filed a motion to

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amend the Complaint. (Doc. 5.) The Court will dismiss the Complaint with leave to amend

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and deny the motion to amend the Complaint as moot.

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I.

Application to Proceed In Forma Pauperis and Filing Fee

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

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The Court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). The statutory

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fee will be collected monthly in payments of 20% of the previous month’s income each time

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the amount in the account exceeds $10.00. 28 U.S.C. § 1915(b)(2). The Court will enter a

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separate Order requiring the appropriate government agency to collect and forward the fees

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according to the statutory formula.

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

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II.

Statutory Screening of Prisoner Complaints

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

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a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised

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claims that are legally frivolous or malicious, that fail to state a claim upon which relief may

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be granted, or that seek monetary relief from a defendant who is immune from such relief.

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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 does not

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

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unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009).

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“Threadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements, do not suffice.” Id.

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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 content

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

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

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relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial

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experience and common sense.” Id. at 1950. Thus, although a plaintiff’s specific factual

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

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are other “more likely explanations” for a defendant’s conduct. Id. at 1951.

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

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must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 (9th

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Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent standards

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than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 U.S. 89,

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94 (2007) (per curiam)).

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

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

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should not, however, advise the litigant how to cure the defects. This type of advice “would

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undermine district judges’ role as impartial decisionmakers.” Pliler v. Ford, 542 U.S. 225,

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231 (2004); see also Lopez, 203 F.3d at 1131 n.13 (declining to decide whether the court was

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required to inform a litigant of deficiencies). The Court will dismiss Plaintiff’s Complaint

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for failure to state a claim, but because the Complaint may possibly be saved by amendment,

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the Court will dismiss the Complaint with leave to amend.

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III.

Complaint

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Plaintiff alleges three counts for violation of Fifth Amendment double jeopardy rights,

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malicious prosecution, and deprivation of property in violation of the Fifth Amendment.

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Plaintiff sues Mohave County, the Mohave County Attorney’s Office, Deputy Mohave

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County Attorney Matthew Smith, and Mohave County Sheriff Tom Sheahan. Plaintiff seeks

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injunctive relief.

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Plaintiff alleges the following facts in his Complaint: On July 16, 2010, he was

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booked into the Mohave County Jail on charges of hit and run and driving under the

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influence (DUI).

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dismissed.” (Doc. 1 at 3.) On April 18, 2011, Plaintiff was stopped at a Nebraska port of

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entry and arrested by the highway patrol on an outstanding felony arrest warrant from

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Arizona. Plaintiff was extradited to Arizona. At a hearing in Mohave Superior Court, the

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“prosecutor” informed the judge that the case was reopened and Plaintiff charged because

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the victim had repeatedly come to the prosecutor’s office complaining because the victim

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wanted to sue Plaintiff’s insurer.1 Although the victim has since died from natural causes,

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Plaintiff contends that he is being prosecuted for DUI on hearsay evidence. Plaintiff

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contends that he has been unable to bond out and has accrued substantial arrears in child

Twelve hours later, Plaintiff was released and “all charges were

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Plaintiff denies that there was an accident and claims that the victim was merely
seeking to obtain funds from Plaintiff’s insurance company, which would not pay on the
claim unless charges were filed.
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support payments in Texas. According to Plaintiff, he arrived back in Mohave County on

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May 1 or 2. Although not entirely clear, Plaintiff appears to contend that his car was stolen

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in Hereford, Texas, and been found abandoned at a Flagstaff truck stop, but was thereafter

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stolen resulting in the loss of exculpatory evidence. Plaintiff alleges that due to his detention,

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he has lost his car and his home and that his tools were publicly auctioned.

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Background

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Records available on-line reflect the following: Plaintiff is charged in Mohave

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County Superior Court, case# CR2010-00992, with failure to stop for an accident involving

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injury or death, aggravated assault, aggravated DUI, DUI with a passenger under 15 years

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of age, unlawful imprisonment/kidnapping, and misdemeanor assault and misdemeanor

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endangerment.2 An arraignment was scheduled on October 21, 2010, for which Plaintiff did

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not appear, and an arrest warrant was issued.3 Following extradition, Plaintiff had an initial

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appearance on May 3, 2011. Jury trial is currently scheduled to commence on March 26,

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2012.4

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IV.

Failure to State a Claim

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To state a claim under § 1983, a plaintiff must allege facts supporting that (1) the

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conduct about which he complains was committed by a person acting under the color of state

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law and (2) the conduct deprived him of a federal constitutional or statutory right. Wood v.

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Ostrander, 879 F.2d 583, 587 (9th Cir. 1989). In addition, a plaintiff must allege that he

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

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

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

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See http://apps.supremecourt.az.gov/publicaccess/caselookup.aspx (Last visited
Mar. 19, 2012). Plaintiff was indicted by the grand jury on or about July 15, 2010. Id.,
minute entry of Sept. 20, 2010.
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See http://apps.supremecourt.az.gov/publicaccess/minutes.aspx, minute entry dated
Oct. 21, 2010 (last visited Mar. 19, 2012).
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See http://apps.supremecourt.az.gov/publicaccess/minutes.aspx, minute entry dated
February 27, 2012. (Last visited Mar. 19, 2012).
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A.

Mohave County Attorney’s Office

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Plaintiff sues the Mohave County Attorney’s Office. A county attorney is an officer

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for his respective county. See §§ 11-401(A)(5), 11-409; 11-419; 11-531, 11-532. The office

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of a county attorney is simply an administrative creation of the county attorney and is not a

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“person” for purposes of § 1983. Accordingly, the Mohave County Attorney’s Office will

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be dismissed as an improper Defendant.

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B.

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Plaintiff sues Deputy County Attorney Smith. Plaintiff fails to allege any facts

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specifically against Smith, but Smith apparently is the prosecutor to whom Plaintiff refers

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Smith

to in Counts I and II.

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A prosecutor is absolutely immune from liability under § 1983 for conduct in

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“initiating a prosecution and in presenting the State’s case” insofar as that conduct is

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“intimately associated with the judicial phase of the criminal process.”

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Fitzsimmons, 509 U.S. 259, 270 (1993) (citing Imbler v. Pachtman, 424 U.S. 409, 430

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(1976)); Burns v. Reed, 500 U.S. 478, 486 (1991) (quoting Imbler, 424 U.S. at 430-431);

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Ashelman v. Pope, 793 F.2d 1072, 1076 (9th Cir. 1986). That is, “[a] prosecutor is protected

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by absolute immunity from liability for damages under § 1983 ‘when performing the

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traditional functions of an advocate.’” Genzler v. Longanbach, 410 F.3d 630, 636 (9th Cir.

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2005) (quoting Kalina v. Fletcher, 522 U.S. 118, 131 (1997)). Absolute immunity extends

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to a prosecutor “eliciting false or defamatory testimony from witnesses” or for making false

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or defamatory statements during, and related to judicial proceedings. Buckley, 509 U.S. at

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270 (citations omitted). “However, ‘the actions a prosecutor are not absolutely immune

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merely because they are performed by a prosecutor.’” Genzler, 410 F.3d at 636 (quoting

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Buckley, 509 U.S. at 273). Rather, prosecutorial immunity depends on “‘the nature of the

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function performed, not the identity of the actor who performed it.’” Id. (quoting Kalina, 522

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U.S. at 127). A prosecutor is only entitled to qualified immunity, rather than absolute

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immunity, when he performs administrative or investigative functions. Id.

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Buckley v.

In this case, Plaintiff appears to sue Smith solely in connection with his actions in
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prosecuting criminal charges against Plaintiff. That is, Plaintiff appears to only seek relief

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against this deputy prosecutor for acts taken in connection with criminal proceedings against

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him. For that reason, Smith is entitled prosecutorial immunity. Accordingly, Smith, and

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Plaintiff’s allegations against them, will be dismissed.

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C.

Malicious Prosecution

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Plaintiff in part alleges a claim for malicious prosecution. To state a claim for

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malicious prosecution, a plaintiff must allege facts to support that a defendant prosecuted him

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with malice and without probable cause for the purpose of denying equal protection or

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another specific constitutional right. Awabdy v. City of Adelanto, 368 F.3d 1062, 1068 (9th

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Cir. 2004) (citing Freeman v. City of Santa Ana, 68 F.3d 1180, 1189 (9th Cir. 1995)).

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Records available on-line reflect that Plaintiff was indicted by the grand jury; that is

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sufficient to establish probable cause for Plaintiff’s prosecution. See Segura v. Cunanan,

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219 P.3d 228, 234 (Ariz. App. 2008) (probable cause for a prosecution may be established

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by obtaining a grand jury indictment). Id.

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Further, as discussed above, absolute prosecutorial immunity bars a claim for

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malicious prosecution taken by a prosecutor in his role as an advocate. See Genzler, 410

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F.3d at 636; accord Ohman v. County of Orange, No. 10-55231, 2011 WL 5970667, at *1

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(9th Cir. Nov. 30, 2011). In addition, an individual bringing a malicious prosecution claim

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must also establish that the prosecution terminated in his favor. See Heck v. Humphrey, 512

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U.S. 477, 484-85 (1994); Awabdy, 368 F.3d at1068; Braunstein v. United States Postal

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Serv., No. 05-16390, 2007 WL 1112620, at *1 (9th Cir. Apr. 12, 2007).

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that the prosecution has terminated in his favor. Further, as discussed above, Smith is

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entitled to absolute prosecutorial immunity, which bars a claim for malicious prosecution

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against him. Moreover, Plaintiff does not allege that the criminal prosecution has terminated

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in his favor or, for that matter, that the charges were brought against him for the purpose of

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denying him Equal Protection or another federal right. For all of these reasons, Plaintiff fails

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As discussed above, Plaintiff has not yet been tried and he has not alleged or shown

to state a claim for malicious prosecution.
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D.

Abstention

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In the balance of his claims, Plaintiff essentially seeks relief as to the criminal charges

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pending against him and the effects of his detention, i.e., loss of assets and accrual of child

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support. The abstention doctrine set forth in Younger v. Harris, 401 U.S. 37 (1971), prevents

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a federal court in most circumstances from directly interfering with ongoing criminal

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proceedings in state court.

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declaratory and monetary relief for constitutional injuries arising out of a plaintiff’s ongoing

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state criminal prosecution. Mann v. Jett, 781 F.2d 1448, 1449 (9th Cir. 1986). The Younger

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abstention doctrine also applies while a case works its way through the state appellate

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process, if a prisoner is convicted. New Orleans Pub. Serv., Inc. v. Council of City of New

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Orleans, 491 U.S. 350, 369 (1989). The abstention doctrine applies to the extent that

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Plaintiff seeks relief as to his pending criminal proceedings. See Yahoo! Inc. v. La Ligue

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Contre Le Racisme Et L’Antisemitisme, 433 F.3d 1199, 1224 (9th Cir. 2006); Smith v.

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Central Ariz. Water Conservation Dist., 418 F.3d 1028, 1030 (9th Cir. 2005).

The Younger abstention doctrine also bars requests for

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Plaintiff seeks relief as to his pending criminal proceedings in the balance of his

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claims.5 Because the abstention doctrine applies to such claims, Plaintiff’s claims will be

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dismissed pursuant to the abstention doctrine.

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IV.

Motion to Amend the Complaint

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As noted above, Plaintiff filed a motion to amend his Complaint. (Doc. 5.) Plaintiff

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failed to submit a proposed amended complaint. This Court’s Local Rules require a litigant

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to submit a proposed amended pleading with any motion for leave to amend. Because

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Plaintiff failed to do so, the Court will deny his motion to amend. (Doc. 5.)

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The Court will, nevertheless, dismiss Plaintiff’s Complaint with leave to amend, to

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afford Plaintiff the opportunity to present claims for retaliation against jail officials. To state

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Plaintiff’s claim that he has been subjected to double jeopardy is without merit.
Plaintiff does not contend that he is being subjected to trial on charges for which he had
previously been acquitted. He merely alleges that he was rearrested on charges after having
previously dismissed. Plaintiff does not allege, nor does it appear, that the charges were
previously dropped with prejudice. Because Plaintiff has not previously been tried on the
current charges, he fails to state a double jeopardy violation.
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a constitutional claim for retaliation, a plaintiff must allege that a defendant acting under

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color of state law took adverse action against him because he engaged in

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constitutionally-protected conduct, that the adverse action was not narrowly tailored to

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advance legitimate goals, and the adverse action chilled the plaintiff’s exercise of his First

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Amendment rights or caused him to suffer more than minimal harm. Rhodes v. Robinson,

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408 F.3d 559, 567-58 (9th Cir. 2005); see also Hines v. Gomez, 108 F.3d 265, 267 (9th Cir.

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1997) (retaliation claims requires an inmate must show (1) that the prison official acted in

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retaliation for the exercise of a constitutionally-protected right, and (2) that the action

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“advanced no legitimate penological interest”). Thus, Plaintiff will be granted leave to file

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an amended complaint to set forth facts to support any claim of retaliation by jail

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officials.

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VI.

Leave to Amend

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

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

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amended complaint to set forth his claims for retaliation. The Clerk of Court will mail

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

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to use the court-approved form, the Court may strike the amended complaint and dismiss this

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action without further notice to Plaintiff.

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

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

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

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

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F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542,

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1546 (9th Cir. 1990). After amendment, the Court will treat an original complaint as

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nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the original

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complaint is waived if it is not raised in a first amended complaint. King v. Atiyeh, 814 F.2d

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A first amended complaint supersedes the original complaint. Ferdik v. Bonzelet, 963

565, 567 (9th Cir. 1987).
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VII.

Warnings

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A.

Release

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

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

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the balance or (2) show good cause, in writing, why he cannot. Failure to comply may result

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in dismissal of this action.

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B.

Address Changes

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

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

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relief with a notice of change of address. Failure to comply may result in dismissal of this

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action.

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C.

Copies

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

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

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to Plaintiff.

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D.

Possible “Strike”

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

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

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

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

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

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

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

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

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

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

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E.

Possible Dismissal

warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d at
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1260-61 (a district court may dismiss an action for failure to comply with any order of the

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Court).

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IT IS ORDERED:

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(1)

Plaintiff’s Application to Proceed In Forma Pauperis is granted. (Doc. 6.)

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(2)

As required by the accompanying Order to the appropriate government agency,

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

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

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

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this Order.

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(4)

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

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

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

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(5)

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

rights complaint by a prisoner.

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(6)

Plaintiff’s motion to amend the Complaint is denied. (Doc. 5.)

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DATED this 21st day of March, 2012.

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- 10 -

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.

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