HARRIS v. POSKA et al

Filing 49

ORDER denying 48 Motion to Amend Complaint to the extent that Plaintiff seeks to file a supplemental claim to his original complaint and his proposed amended complaint is stricken from the record. Plaintiff is allowed until July 15, 2016 to file an amended complaint compliant with the within instructions. If Plaintiff fails to comply with this Order then the undersigned will recommend that this action be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on June 15, 2016.(kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WILLIAM HARRIS
Plaintiff,
v.
POSKA, et al.,
Defendants.

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Civil Action No. 15 – 1493

Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Pending before the Court is a Motion to Amend Complaint (ECF No. 48) that Plaintiff
filed in response to this Court’s Order granting him leave to file an amended complaint. After
reviewing the Motion to Amend Complaint, the Court finds that Plaintiff has failed to comply
with the instructions in the Court’s Order dated May 13, 2016. Plaintiff’s proposed amended
complaint is really a supplement to his original complaint, which the Court specifically said he
could not file. Plaintiff was told that he could file an amended complaint, which is a “standalone document without reference to any other document filed in this matter.” Instead, Plaintiff
filed an additional claim against additional defendants while still relying on his original
complaint. The Court specifically denied him leave to do just that. Therefore, the Court will
deny Plaintiff’s Motion to Amend Complaint and strike his proposed amended complaint.
Plaintiff will be given one last chance to comply with the Court’s instructions to file a complete
amended complaint. If he fails to comply with this Order then the Court will consider dismissing
this case.
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In filing an amended complaint, Plaintiff shall comply with the following instructions.
I.
A.

Instructions for Filing an Amended Complaint

Caption and Heading
Plaintiff must place his full name at the top of the amended complaint. Plaintiff must

also add the names of each and every defendant. Plaintiff must name as defendants only those
persons who are responsible for the alleged constitutional violation(s).1
B.

Jurisdiction
Plaintiff must inform the Court why the case should be heard in federal court rather than

state court or some other forum. If Plaintiff’s action is generally one for a violation of civil
rights, 42 U.S.C. § 1983 will normally be the basis for the claim. In order for Plaintiff’s action to
be heard in federal court under Section 1983, he must be able to show that the defendant(s), at
the time of the claims alleged in the amended complaint, were acting under the authority or color
of state law.
C.

Parties
As the person initiating the lawsuit, Plaintiff must identify himself as such. Also, for

each defendant named in the amended complaint, Plaintiff should list their current address and
description of their employment. In addition, Plaintiff should explain briefly how or in what
capacity each defendant acted under authority given to them by state or local government.
Furthermore, Plaintiff must comply with Federal Rule of Civil Procedure 20(a), which
allows multiple defendants to be joined in one action if a claim against those defendants arises

Plaintiff should be aware that a defendant in a 42 U.S.C. § 1983 action “must have
personal involvement in the alleged wrong; liability cannot be predicated solely on the operation
of respondeat superior.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (citing
Parratt v. Taylor, 451 U.S. 527, 437 n.3 (1981)).
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out of the same transaction or occurrence and presents questions of law or fact common to
all. The mere fact that all defendants are employees at the same institution and all events
occurred at that institution is not a sufficient basis for proper joinder under Fed. R. Civ. P. 20(a).
Moreover, conclusory allegations of conspiracy and “patterns” of retaliation do not create a
common issue of law or fact. If Plaintiff fails to comply with this Rule then the Court will
consider only the first set of related claims and strike the remainder of the amended
complaint.
D.

Statement of Claim
Plaintiff must state what rights under the Constitution, laws, or treaties of the United

States have been violated. It is improper for Plaintiff to merely list constitutional rights or
federal rights. Plaintiff must provide a description of how the defendant(s) violated his rights.
E.

Statement of Facts
Plaintiff must provide specific details of precisely how his civil rights were allegedly

violated. Plaintiff should note that, in civil rights cases, more than conclusory and vague
allegations are required to state a cause of action under 42 U.S.C. § 1983. Plaintiff should
clearly describe how each named defendant is involved in the alleged constitutional
violation(s). This description should include references to relevant dates, times, and locations.
It should explain to the Court what happened by specifically describing each defendant’s
behavior or action and how that behavior or action – or lack of action – resulted in the alleged
violations. Plaintiff should not include legal argument in his amended complaint. Citations to
case law and other statutes are not appropriate in the complaint, but rather may be included in a
response to a dispositive motion or at the time of trial. However, Plaintiff should be specific

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about the particulars of the event, each defendant’s misconduct, and how such misconduct
resulted in a violation or denial of the civil right at issue.
Where the amended complaint includes more than one incident, Plaintiff should clearly
distinguish between them by preparing a separate description – usually a paragraph – for each
incident. Each incident should be identified as a separate count, and each count must include
appropriate facts and evidence in support of the claims made in the count. Each incident must be
clearly and specifically described; it should include the relevant time, date, and location. Each
incident description also should clearly identify the relevant defendant and what that defendant’s
role was in the incident.
NOTE: THIS SECTION SHOULD NOT BE JUST A CHRONOLOGIAL LIST OF
DATES WITH DESCRIPTIONS AS TO WHAT HAPPENED TO PLAINTIFF ON EACH
DATE.
F.

Injury
Plaintiff must state as specifically as possible the actual injury suffered from the action of

the defendants that resulted in the alleged civil rights violation. Simply stating that his civil
rights have been violated is insufficient.
G.

Previous Lawsuits
Plaintiff must alert the Court to any other case in which he was a party that may be

connected with the case he is now filing. Plaintiff should inform the Court of any and all
previously filed cases that include some of the same facts and events he relies on for this case.

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H.

Exhaustion of Administrative Remedies
Plaintiff should be aware that under 42 U.S.C. § 1997e(a), he must fully exhaust all

available administrative remedies before pursuing a civil rights complaint concerning prison
conditions.
I.

Request for Relief
Plaintiff must describe for the Court the relief he is seeking as a result of this lawsuit.

The relief requested must be related specifically to the injury suffered. However, Plaintiff should
be aware that 42 U.S.C. § 1997e(e) limits a prisoner’s ability to pursue a federal civil action for
mental or emotional injuries suffered while in custody.
J.

Declaration Under Penalty of Perjury
Plaintiff must sign his amended complaint and file it with the Clerk of the Court. When

doing so, Plaintiff is making a declaration under law to the Court that everything in the amended
complaint is true. Plaintiff should realize that the Court can order sanctions or penalties for the
filing of complaints and pleadings that are frivolous, without merit, based on false or misleading
information, etc. These sanctions or penalties can take many forms including, but not limited to,
dismissing the case, assessing fines, and limiting Plaintiff’s filing privileges in federal court.
AND NOW, this 7th day of June 2016;
IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend Complaint (ECF No. 48)
is DENIED to the extent Plaintiff seeks to file a supplemental claim to his original complaint
and his proposed amended complaint is hereby stricken from the record.
IT IS FURTHER ORDERED that Plaintiff is allowed until July 15, 2016 to file an
amended complaint that is compliant with these instructions. Plaintiff shall clearly mark his
complaint “Amended Complaint”. The amended complaint must include all of Plaintiff’s claims
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in this action and should not refer back to the original complaint. If Plaintiff fails to comply with
this Order then the undersigned will recommend that this action be dismissed for his failure to
prosecute.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge

cc: William Harris
CX-7039
SCI Fayette
50 Overlook Drive
LaBelle, PA 15450-0999
Counsel for Defendants
Via CM/ECF electronic mail

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