Hampton v. Wetzel

Filing 9

MEMORANDUM (Order to follow as separate docket entry) re: plaintiff's complaint 1 . (See memo for complete details.) Signed by Chief Judge Christopher C. Conner on 8/6/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHAWN HAMPTON,
Plaintiff
v.

JOHN WETZEL, et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-1367
(Chief Judge Conner)

MEMORANDUM
On July 17, 2014, plaintiff Shawn Hampton (“plaintiff”), an inmate presently
incarcerated in the State Correctional Institution at Rockview (“SCI-Rockview”),
Bellefonte, Pennsylvania, filed this civil rights complaint pursuant to 42 U.S.C. §
1983. (Doc. 1). Plaintiff seeks to proceed in forma pauperis. (Doc. 2). Preliminary
review of the complaint reveals that plaintiff includes unrelated claims against
numerous individuals. Allowing the pleading to proceed as filed is not in the
interest of judicial economy. Consequently, plaintiff will be directed to file an
amended pleading which strictly adheres to the mandates of Federal Rule of Civil
Procedure, Rule 8, General Rules of Pleading, and Rule 20, Permissive Joinder of
Parties.
I.

Standards
“Pleadings must be construed so as to do justice.” FED . R. CIV . P. 8(e). Rule

8(d)(1) states, in pertinent part, that “[e]ach allegation must be simple, concise and
direct.” Rule 20(a)(2), states that “[p]ersons . . . may be joined in one action as

defendants if: (A) any right to relief is asserted against them jointly, severally, or in
the alternative with respect to or arising out of the same transaction, occurrence, or
series of transactions or occurrences; and (B) any question of law or fact common
to all defendants will arise in the action.” FED . R. CIV . P. 20(a)(2). Although Rule 20
is a flexible rule that allows fairness and judicial economy, the rule only permits
“joinder in a single action of all persons asserting, or defending against, a joint,
several, or alternative right to relief that arises out of the same transaction or
occurrence and presents a common question of law or fact.” 7 Charles Allen
Wright, Arthur Miller & Mary Kay Kane, Federal Practice and Procedure §1652 at
371-72 (1986).
II.

Discussion
Plaintiff’s complaint violates Federal Rules of Civil Procedure 8 and 20. He

sets forth a number of purported constitutional violations concerning security
violations, medical issues, religious issues, telephone usage, harassment, law library
access, and discrimination. (Doc. 1). These claims lodged against twenty-five
defendants include a number of unrelated separate transactions and occurrences or
series of transactions and occurrences and do not involve an issue of law or fact
common to all defendants. While plaintiff will be granted an opportunity to file an
amended complaint, he is strictly cautioned that the amended complaint must
comply with Rule 20 and involve only related claims or parties. “It must be a new
pleading which stands by itself as an adequate complaint without reference to the
complaint already filed.” Young v. Keohane, 809 F. Supp. 1185 (M.D.Pa. 1992).
2

The Prison Litigation Reform Act of 1995 (“PLRA”), which substantially
changed the judicial treatment of civil rights actions by state and federal prisoners,
also compels compliance with Rule 20. Specifically, under the PLRA the full filing
fee must ultimately be paid in a non-habeas action. Allowing a prisoner to include a
plethora of separate, independent claims, would circumvent the filing fee
requirements of the PLRA.
III.

Conclusion
Although plaintiff’s complaint violates Federal Rules of Civil Procedure 8 and

20, he will be afforded the opportunity to amend his complaint. To the extent that
he believes that he has been subjected to more than one violation of his rights, and
to the extent that these violations are unrelated to each other, plaintiff should file
separate complaints addressing each violation.
An appropriate Order will issue.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

Dated:

August 6, 2014