PRICE v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 28

ORDER granting 26 Motion for More Definite Statement. IT IS FURTHER ORDERED that Plaintiff shall amend his complaint as described herein and filed it with the Court within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Lisa Pupo Lenihan on May 15, 2015. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CURTIS PRICE,
Plaintiff,
v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, et al.,

)
)
)
)
)
)
)
)
)

Civil Action No. 14 – 230J
District Judge Kim R. Gibson
Magistrate Judge Lisa Pupo Lenihan

Defendants.

ORDER
Plaintiff, Curtis Price, initiated this action by submitting for filing a Motion for Leave to
Proceed in forma pauperis, which was received by the Court on October 23, 2014. That Motion
was denied as deficient but later granted after Plaintiff submitted the necessary account
information. His Complaint was docketed on November 13, 2014.
Plaintiff’s Complaint is rather sparse and consists only of one paragraph that incorporates
twenty pages worth of grievances. The Court can gleam only that Plaintiff fell out of bed from
the top bunk on September 25, 2012 as a result of the DOC not putting guardrails on the open
side of the bed.1 However, the Complaint lacks any reference to specific individuals and their
alleged involvement in the complained of wrongdoing. For this reason, Plaintiff is directed to
file an amended complaint that is in compliance with the following instructions.

1

At first glance, it appears that Plaintiff’s Complaint is time-barred. The incident in question
occurred on September 25, 2012, and although Plaintiff dated his Complaint September 20,
2014, the envelope in which it was mailed indicates a post-mark date of October 21, 2014. This
suggests that Plaintiff pre-dated his Complaint.
1

Instructions for Filing an Amended Complaint
A.

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

also add the names of each defendant. Plaintiff must name as defendants only those persons
who are responsible for the alleged constitutional violation(s).2
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.
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.
2

Plaintiff should be aware that he must show personal involvement in the alleged
wrongdoing by each defendant. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)
(“A defendant in a civil rights action must have personal involvement in the alleged wrongs”).
2

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 constitution 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 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.

3

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.
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

4

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.
Miscellaneous Instructions
A.

Change of Address
Plaintiff shall immediately advise the Court of any change of address. He shall entitle the

paper “Notice to the Court of Change of Address” and not include any motions in it. This notice
shall contain only information pertaining to the address change and the effective date of such.
Plaintiff must file a separate notice in each case that he has pending before the Court. Failure to
inform the Court of an address change may result in the dismissal of this case, without further
notice of the Court.
B.

Correspondence with the Court
Plaintiff should not correspond with the Court in letter form. Plaintiff should file a

pleading or motion with a title. The title should be a brief summary of the contents of the
pleading or motion. As a matter of course, the Court will not respond to Plaintiff’s letters.
Plaintiff should not attempt to correspond directly with a district judge or magistrate judge. They
will not, as a matter of policy, respond to personal correspondence when it pertains to a pending
case. This policy is in keeping with their sworn duty to maintain complete impartiality in the
exercise of their judicial duties. Accordingly, their decisions and opinions are, quite properly,
only delivered in response to those legal instruments filed with the Clerk’s office in accordance
with governing rules of procedure.

The Court will strike and return any correspondence

addressed directly to a district judge or magistrate judge.
AND NOW, this 15th day of May, 2015;

5

IT IS HEREBY ORDERED that Defendants’ Motion for a More Definite Statement
(ECF No. 26) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall amend his complaint as described
herein and file it with the Court within fourteen (14) days of the date of this Order. The
amended complaint must include all of Plaintiff’s claims 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: Curtis Price
HH-1713
SCI Benner Township
301 Institution Drive
Bellefonte, PA 17050

6