1 WO JL 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Bruce J. Dent, Jr., No. CV 20-00201-PHX-MTL (DMF) 10 Plaintiff, 11 v. ORDER 12 Corizon Incorporated, et al., 13 Defendants.
14 15 Plaintiff Bruce J. Dent, Jr., who is confined in the Arizona State Prison Complex- 16 Yuma, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and 17 an Application to Proceed In Forma Pauperis (Doc. 2). The Court will dismiss the 18 Complaint with leave to amend. 19 I. Application to Proceed In Forma Pauperis and Filing Fee 20 The Court will grant Plaintiff’s Application to Proceed In Forma Pauperis. 28 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 …. 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.” Ashcroft v. Iqbal, 556 U.S. 662, 678 12 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 13 conclusory statements, do not suffice.” Id. 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 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 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 If the Court determines that a pleading could be cured by the allegation of other 1 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 2 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 3 Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may 4 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 5 III. Complaint 6 In his four-count Complaint, Plaintiff sues the former contracted healthcare provider 7 for the Arizona Department of Corrections, Corizon Inc. (“Corizon”),1 former ADC 8 Director Charles L. Ryan,2 Facility Health Administrator (FHA) Adam Perkins, and 9 Assistant FHA Michael Delgado. Plaintiff asserts claims related to his medical care. He 10 seeks monetary relief. 11 In Count One, Plaintiff alleges that on February 5, 2018, he sustained a serious 12 work-related injury. Plaintiff was x-rayed the next day, and the x-ray showed there were 13 no broken bones or fractures. Plaintiff immediately requested an MRI and CT scan. 14 Plaintiff asserts that Defendant Corizon did not “want to pay for a[n] MRI or CT scan” 15 because “they” thought his injury was not serious enough, and his requests were denied. 16 Plaintiff filed a complaint at the administrative level and requested to be seen by a certified 17 specialist. He was sent out for “hand therapy,” which caused further damage. Plaintiff 18 claims Corizon knew the full extent of his injury and “made it that much worse.” Plaintiff 19 continued to request an MRI and CT scan but was “disregarded” for eight months before 20 he finally underwent an MRI. The MRI showed a longitudinal split of the radial collateral 21 ligament of the third-MCP, third-MCP joint effusions, and a slight volar subluxation of the 22 proximal phalanx relative to the metacarpal. Plaintiff underwent reconstructive surgery for 23 his hand. The surgeon who operated on Plaintiff told him, “You only have a 50% chance 24 of recovery, due to you not getting in to see us” earlier. 25 Plaintiff alleges that because of Corizon’s “procrastination and inadequate
26 1 As of July 1, 2019, the contracted healthcare provider for ADC prisoners is 27 Centurion Health LLC. 28 2 Charles Ryan stepped down as ADC Director on September 13, 2019. David Shinn is the current ADC Director. 1 healthcare,” he did not undergo an MRI “in a timely manner,” which resulted in a “saddle 2 deformity.” Plaintiff asserts that Corizon “has a history of malpractice” and has been held 3 in contempt of court due to its inadequate healthcare services. Plaintiff claims he has 4 suffered severe pain and discomfort “for quite some time” because of the split and torn 5 ligaments. He is permanently injured because his injuries were not diagnosed “until it was 6 too late.” Plaintiff alleges that Corizon deliberately disregarded his injury by 7 “generalizing” his injury with those of others, stating that these types of injuries tend to 8 heal themselves. Plaintiff asserts that as a result of the saddle deformity, he is “disabled 9 for life” and will not be able to join the workforce upon his release from prison, nor will 10 he be able to take a job that requires full use of both hands. Plaintiff also is currently 11 suffering the onset of arthritis. 12 In Count Two, Plaintiff alleges that Defendant Ryan contracted with Corizon to 13 provide healthcare to ADC prisoners, and it was Ryan’s duty to ensure prisoners received 14 adequate healthcare. Plaintiff asserts that Ryan knew Corizon was neglecting the duties 15 set forth in the contract. Plaintiff claims Ryan “cannot release himself from contractual 16 obligations” without terminating the contract with Corizon, and Ryan is therefore 17 responsible for the violation of Plaintiff’s right to adequate healthcare. Plaintiff alleges 18 that because of Ryan’s indifference to his contractual obligations, Plaintiff is suffering from 19 permanent damage. Plaintiff asserts he has suffered unnecessary pain and discomfort in 20 performing his daily activities because of the untreated ligament damage. 21 In Count Three, Plaintiff alleges that Defendant Perkins, Corizon’s Facility Health 22 Administrator, had a duty to monitor healthcare services. Plaintiff asserts that Perkins 23 approves or disapproves all off-unit appointments. Plaintiff claims that providers at Central 24 Unit told him that all decisions regarding treatment for serious injuries are made at the 25 FHA level, and Perkins was the “overseer” at the time Plaintiff’s requests for an MRI and 26 CT scan were denied. Plaintiff alleges he “was denied” for eight months and was only 27 given the MRI because he sought help from a third-party intervener, who has “had a hand 28 in forcing Corizon to take better care of its patients.” Plaintiff asserts that Perkins approved 1 physical therapy without knowing the full extent of Plaintiff’s injuries, which resulted in 2 further damage and unnecessary pain and suffering. Plaintiff claims he submitted “quite a 3 few” Health Needs Requests (HNRs) at the FHA level but did not receive a response 4 notifying him of any actions that would be taken. Plaintiff alleges that because of Perkins’s 5 “total disregard” for Plaintiff’s serious injury, his hand healed “completely wrong.” 6 Plaintiff asserts that he had reconstructive surgery “to no avail,” because of Perkins’s 7 “deliberate neglect,” and as a result, Plaintiff is “permanently mangled.” 8 In Count Four, Plaintiff alleges that Defendant Delgado, as Corizon’s Assistant 9 FHA, was supposed to advocate for Plaintiff’s “medical issues,” especially serious injuries. 10 Plaintiff asserts that providers at Central Unit requested MRIs and CT scans but were 11 “rejected” because Corizon administrators “want[ed] to keep the corporation’s costs 12 down.” Plaintiff claims that after consistent complaints and third-party assistance, Corizon 13 “finally decided” to send him out for an MRI, “only to find out that there were a number 14 of things wrong” with his hand. Plaintiff alleges that before he had the MRI, he was sent 15 out to physical therapy for six weeks, but he could not endure any more pain at that time. 16 Plaintiff asserts that Corizon, via its administrators, refused to send him out to continue 17 therapy and told Plaintiff that the physical therapy exercises could be done in his cell. 18 Plaintiff claims after the “post-therapy waiting period,” he sought help from the Prison Law 19 Office to get an MRI and a consultation with a specialist. Plaintiff alleges the specialist 20 told him that because Plaintiff was not seen in a timely manner, he would most likely suffer 21 from permanent damage. Plaintiff asserts his surgeon made the same statement “in so 22 many words.” 23 IV. Failure to State a Claim 24 Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519, 25 520-21 (1972), conclusory and vague allegations will not support a cause of action. Ivey 26 v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Further, a 27 liberal interpretation of a civil rights complaint may not supply essential elements of the 28 claim that were not initially pled. Id. 1 A. Defendant Corizon 2 To state a claim under § 1983 against a private entity performing a traditional public 3 function, such as providing medical care for prisoners, a plaintiff must allege facts to 4 support that his constitutional rights were violated as a result of a policy, decision, or 5 custom promulgated or endorsed by the private entity. See Tsao v. Desert Palace, Inc., 6 698 F.3d 1128, 1138-39 (9th Cir. 2012); Buckner v. Toro, 116 F.3d 450, 452 (11th Cir. 7 1997). A plaintiff must allege the specific policy or custom and how it violated his 8 constitutional rights. A private entity is not liable merely because it employs persons who 9 allegedly violated a plaintiff’s constitutional rights. See Tsao, 698 F.3d at 1138-39; 10 Buckner, 116 F.3d at 452. 11 Plaintiff has not alleged that any of the conduct described in the Complaint was the 12 result of a specific policy or custom of Defendant Corizon. Thus, the Court will dismiss 13 without prejudice Defendant Corizon. 14 B. Defendants Ryan, Perkins, and Delgado 15 To state a valid claim under § 1983, plaintiffs must allege that they suffered a 16 specific injury as a result of specific conduct of a defendant and show an affirmative link 17 between the injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 18 371-72, 377 (1976). There is no respondeat superior liability under § 1983, and therefore, 19 a defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s 20 constitutional rights does not impose liability. Monell v. Dep’t of Soc. Servs. of New York, 21 436 U.S. 658 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. 22 List, 880 F.2d 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to 23 Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, 24 through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 25 U.S. at 676. 26 Plaintiff has not alleged that Defendants Ryan, Perkins, or Delgado personally 27 participated in a deprivation of Plaintiff’s constitutional rights, were aware of a deprivation 28 and failed to act, or formed policies that resulted in Plaintiff’s injuries. Plaintiff’s vague 1 and conclusory allegations concerning these Defendants’ conduct are insufficient to 2 support a conclusion that Ryan, Perkins, or Delgado was personally involved in or aware 3 of Plaintiff’s injuries or treatment. Plaintiff alleges that he repeatedly requested an MRI 4 and CT scan for eight months, but he provides no detail regarding any such request, 5 including when or to whom he made a request or the response to his request. Similarly, 6 Plaintiff vaguely claims he submitted “quite a few” HNRs, but he provides no detail about 7 any such HNRs, including when or to whom he submitted an HNR, the information he 8 included in the HNR, or the response, if any, to the HNR. Plaintiff speculates that 9 Defendant Perkins denied requests for offsite appointments merely because unidentified 10 providers told Plaintiff decisions regarding offsite appointments were made “at the FHA 11 level,” and Perkins was the “overseer” at the time, but Plaintiff does not allege any facts to 12 support a conclusion that Perkins was aware of Plaintiff’s injury or treatment. Plaintiff also 13 does not provide sufficient detail about the physical therapy he underwent, such as when 14 or who ordered physical therapy or why the physical therapy caused further damage to his 15 hand. 16 In sum, Plaintiff’s allegations in the Complaint are insufficient to state a claim 17 against Defendants Ryan, Perkins, and Delgado, and these Defendants will therefore be 18 dismissed. 19 V. Leave to Amend 20 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to state 21 a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a first 22 amended complaint to cure the deficiencies outlined above. The Clerk of Court will mail 23 Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff fails 24 to use the court-approved form, the Court may strike the amended complaint and dismiss 25 this action without further notice to Plaintiff. 26 Plaintiff must clearly designate on the face of the document that it is the “First 27 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 28 entirety on the court-approved form and may not incorporate any part of the original 1 Complaint by reference. Plaintiff may include only one claim per count. 2 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 3 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 4 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 5 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 6 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 7 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 8 F.3d 896, 928 (9th Cir. 2012) (en banc). 9 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 10 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 11 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 12 do; (4) how the action or inaction of that Defendant is connected to the violation of 13 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 14 that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 15 Plaintiff must repeat this process for each person he names as a Defendant. If 16 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 17 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 18 failure to state a claim. Conclusory allegations that a Defendant or group of 19 Defendants has violated a constitutional right are not acceptable and will be 20 dismissed. 21 Plaintiff should be aware that not every claim by a prisoner relating to inadequate 22 medical treatment states a violation of the Eighth Amendment. To state a § 1983 medical 23 claim, a plaintiff must show (1) a “serious medical need” by demonstrating that failure to 24 treat the condition could result in further significant injury or the unnecessary and wanton 25 infliction of pain and (2) the defendant’s response was deliberately indifferent. Jett v. 26 Penner, 439 F.3d 1091, 1096 (9th Cir. 2006). 27 “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 28 1051, 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both 1 know of and disregard an excessive risk to inmate health; “the official must both be aware 2 of facts from which the inference could be drawn that a substantial risk of serious harm 3 exists, and he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). 4 Deliberate indifference in the medical context may be shown by a purposeful act or failure 5 to respond to a prisoner’s pain or possible medical need and harm caused by the 6 indifference. Jett, 439 F.3d at 1096. Deliberate indifference may also be shown when a 7 prison official intentionally denies, delays, or interferes with medical treatment or by the 8 way prison doctors respond to the prisoner’s medical needs. Estelle v. Gamble, 429 U.S. 9 97, 104-05 (1976); Jett, 439 F.3d at 1096. 10 Deliberate indifference is a higher standard than negligence or lack of ordinary due 11 care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross 12 negligence will constitute deliberate indifference.” Clement v. California Dep’t of Corr., 13 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter Labs., 622 F.2d 14 458, 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or “medical 15 malpractice” do not support a claim under § 1983). “A difference of opinion does not 16 amount to deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v. Vild, 17 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is 18 insufficient to state a claim against prison officials for deliberate indifference. See Shapley 19 v. Nevada Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The 20 indifference must be substantial. The action must rise to a level of “unnecessary and 21 wanton infliction of pain.” Estelle, 429 U.S. at 105. 22 VI. Warnings 23 A. Release 24 If Plaintiff is released while this case remains pending, and the filing fee has not 25 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 26 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 27 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 28 result in dismissal of this action. 1 B. Address Changes 2 Plaintiff must file and serve a notice of a change of address in accordance with Rule 3 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 4 relief with a notice of change of address. Failure to comply may result in dismissal of this 5 action. 6 C. Possible “Strike” 7 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 8 fails to file an amended complaint correcting the deficiencies identified in this Order, the 9 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 10 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 11 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 12 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 13 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 14 or fails to state a claim upon which relief may be granted, unless the prisoner is under 15 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 16 D. Possible Dismissal 17 If Plaintiff fails to timely comply with every provision of this Order, including these 18 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 19 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 20 the Court). 21 IT IS ORDERED: 22 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 23 (2) As required by the accompanying Order to the appropriate government 24 agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing 25 fee. 26 (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 27 has 30 days from the date this Order is filed to file a first amended complaint in compliance 28 with this Order. 1 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 2| 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) 4| and deny any pending unrelated motions as moot. 5 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a 6| civil rights complaint by a prisoner. 7 Dated this 29th day of January, 2020. 8
Michak T. giburge Michael T. Liburdi 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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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: OR Tucson Division: U.S. District Court Clerk U.S. District Court Clerk U.S. Courthouse, Suite 130 U.S. Courthouse, Suite 1500 401 West Washington Street, SPC 10 405 West Congress Street Phoenix, Arizona 85003-2119 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. 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. 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, v. CASE NO. __________________________________ (To be supplied by the Clerk) (1) _______________________________________ ,
(Full Name of Defendant) CIVIL RIGHTS COMPLAINT (2) _______________________________________ , BY A PRISONER
(3) _______________________________________ , G Original Complaint (4) _______________________________________ , G First Amended Complaint G Second Amended Complaint Defendant(s).
G Check if there are additional Defendants and attach page 1-A listing them.
A. JURISDICTION
1. 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: .
2. Institution/city where violation occurred: .
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? G Yes G No
2. If yes, how many lawsuits have you filed? . 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
COUNT I 1. 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.
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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. . COUNT II 1. 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. . COUNT III 1. 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. 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.