1 BGN 2 WO 3 4 5 8 9 Paul-Thorit Agneberg, No. CV-25-08204-PCT-JAT (JFM) 10 Plaintiff, 11 v. ORDER 12 Yavapai County Board of Supervisors, et al., 13 14 Defendants.
15 On September 29, 2025, Plaintiff Paul-Thorit Agneberg filed a pro se civil rights 16 Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. 17 Plaintiff filed a First Amended Complaint on November 24, 2025 (Doc. 5).1 On December 18 17, 2025, Plaintiff filed a Notice of Change of Address indicating he was no longer in 19 custody and a Motion to Allow Electronic Filing by a Party Appearing Without an Attorney 20 (Doc. 9). The following day, the Court denied Plaintiff’s deficient Application to Proceed 21 and gave Plaintiff 30 days to either pay the filing and administrative fees or file a complete 22 Application to Proceed in Forma Pauperis. (Doc. 7.) Thereafter, on January 15, 2026, 23 Plaintiff filed an Application to Proceed in District Court without Prepaying Fees or Costs 24 (Doc. 12) and a subsequent Motion to Allow Electronic Filing (Doc. 13). 25 26 27
28 1 The Court will treat Plaintiff’s First Amended Complaint as the operative complaint. 1 The Court will grant Plaintiff’s Application to Proceed and initial Motion to Allow 2 Electronic Filing; deny as moot the subsequent Motion to Allow Electronic Filing; and 3 dismiss the First Amended Complaint with leave to amend. 4 I. Application to Proceed In District Court Without Prepaying Fees or Costs 5 In his Application to Proceed, Plaintiff indicates he has insufficient funds to pay the 6 filing fee for this action. (Doc. 12.) The Court, in its discretion, will grant Plaintiff’s 7 Application to Proceed. Plaintiff will not be required to pay the filing fee for this action. 8 II. Statutory Screening of Prisoner Complaints 9 The Court is required to screen complaints brought by prisoners seeking relief 10 against a governmental entity or an officer or an employee of a governmental entity. 28 11 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 12 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 13 relief may be granted, or that seek monetary relief from a defendant who is immune from 14 such relief. 28 U.S.C. § 1915A(b)(1)–(2). 15 A pleading must contain a “short and plain statement of the claim showing that the 16 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 17 not demand detailed factual allegations, “it demands more than an unadorned, the- 18 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 19 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 20 conclusory statements, do not suffice.” Id. 21 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 22 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 23 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 24 that allows the court to draw the reasonable inference that the defendant is liable for the 25 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 26 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 27 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 28 1 allegations may be consistent with a constitutional claim, a court must assess whether there 2 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 3 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 4 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 5 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 6 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 7 U.S. 89, 94 (2007) (per curiam)). 8 If the Court determines a pleading could be cured by the allegation of other facts, a 9 self-represented litigant is entitled to an opportunity to amend a complaint before dismissal 10 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The 11 Court will dismiss Plaintiff’s Complaint for failure to state a claim, but because it may 12 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 13 III. First Amended Complaint 14 Plaintiff’s five-count First Amended Complaint raises alleged violations of the Fifth 15 and Eighth Amendments and 42 U.S.C. § 2000bb-1 and 42 U.S.C. § 2000cc-1 that occurred 16 while he was detained at the Camp Verde Detention Center. Plaintiff names the Yavapai 17 County Board of Supervisors and Yavapai County Sheriff David Rhodes as Defendants. 18 Plaintiff seeks monetary damages and injunctive2 relief. 19 In Count One, Plaintiff alleges a violation of the Eighth Amendment due to denial 20 of outdoor recreation time. Plaintiff states that during his two-month detention, he was 21 “taken to outdoor rec yard 7 or 8 times for approximately half-an-hour each time. That is 22 the equivalent of less than 4-hours in 2 months. . . .” (Doc. 5 at 4.) Plaintiff alleges he 23 filed “a grievance and 3 appeals” and that since the “resolution of [his] grievance on 24 [September 8, 2025], . . . [Plaintiff] has been outdoors 4 times, totaling less than 2-hours 25 in 3 weeks. . . .” (Id. at 5.) According to Plaintiff, during his four-month detention, he has 26 been “outside for recreation time less than 10 times or less than 5 hours total. . . .” (Id.)
27 2 When a prisoner seeks injunctive relief concerning the facility where he is 28 incarcerated, his claims for such relief become moot when he is no longer subjected to those conditions in that facility. Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995). 1 Count Two alleges a violation of 42 U.S.C. § 2000bb-1 and 42 U.S.C. § 2000cc-1. 2 Plaintiff states that he was extradited from New Mexico to the Camp Verde Detention 3 Center and he brought books with him that were “purchased through Amazon and approved 4 by the Taos County jail. One of these books was a Mayan Spirituality/Religious text that 5 has become [Plaintiff’s] primary religious [and] daily practice.” (Id. at 6.) Plaintiff claims 6 that staff at the jail refused to allow Plaintiff’s religious text and that they are “authorized 7 to retrieve things from an inmates[’] property” pursuant to the “Yavapai County Detention 8 Center Inmate – Handbook.” (Id.) Plaintiff argues that staff’s “[reason] for denying 9 [Plaintiff] access to [his] property fails to satisfy the ‘compelling’ standards mandated by 10 [42 U.S.C. § 2000cc-1]” and that the denial of his book “substantially burdened [his] ability 11 to practice [his] spiritual and religious beliefs.” (Id. at 8, 9.) 12 Count Three alleges untimely responses to grievances in violation of the Fifth 13 Amendment. Plaintiff claims that staff at the jail do “not respond timely to grievances” 14 and that while “staff has five working days to respond to each level of [the] grievance 15 process” he has waited up to a month for a response. (Id. at 10.) Plaintiff alleges the 16 “untimely responses exacerbate mental and emotional suffering,” violating his “right to 17 Due Process in having grievances promptly and timely resolved by jail staff.” (Id.) 18 Count Four alleges a violation of the Eighth Amendment by “weaponizing [the] 19 grievance process.” (Id. at 11.) Plaintiff claims “staff” are “retaliating against [him] for 20 [his] participation in the grievance process,” and that he has been in protective custody 21 since being detained despite requests to be moved to general population. (Id.) He further 22 contends that his charges do not warrant protective custody and that jail staff refuse to 23 provide him a reason for his protective custody status. (Id.) According to Plaintiff, when 24 he asked about his “status/classification” in protective custody, he was told his 25 “classification is currently being reviewed.” (Id.) Plaintiff alleges “jail staff” use 26 protective custody as “punishment and retaliation” for his participation in the grievance 27 process and that being locked in his cell for “23.5 hours per day constitutes cruel and 28 unusual punishment, especially with denial of regular outdoor recreation time.” (Id. at 12.) 1 Count Five alleges that jail staff unlawfully searched Plaintiff’s cell outside his 2 presence as a means “to harass and intimidate [him] for participation in the jail’s grievance 3 process.” (Id. at 13.) Plaintiff contends his cell has been “searched and ransacked” on two 4 occasions while he was at recreation, that it is “unlawful for jail staff” to move Plaintiff to 5 a different part of “the facility and then search [his] cell,” and that jail staff refuse to let 6 him “observe the search” in violation of his “[r]ight.” (Id. at 13, 14.) Plaintiff claims he 7 has shared with jail staff the “Arizona Department of Corrections Internal Management 8 Policy and Procedural Manual No. 435” which states “‘[u]nless prohibited by security 9 considerations, residents shall be present when room searches are conducted,’” and 10 “Department of Corrections Directive 4910” which states, “‘[i]f the inmate is removed 11 from quarters prior to the search, he or she shall be placed outside the immediate area to 12 be searched, but allowed to observe the search.’” (Id. at 14.) Plaintiff alleges that jail staff 13 claim they “are not bound by Department of Corrections Rules,” and they “refuse[] to share 14 internal policy on cell searches after several requests.” (Id. at 15.) 15 IV. Failure to State a Claim 16 To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 17 (2) under color of state law (3) deprived him of federal rights, privileges or immunities and 18 (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th Cir. 19 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 1278, 20 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific injury 21 as a result of the conduct of a particular defendant and he must allege an affirmative link 22 between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371- 23 72, 377 (1976). 24 A. Yavapai County Sheriff David Rhodes 25 There is no respondeat superior liability under § 1983, and therefore, a defendant’s 26 position as the supervisor of persons who allegedly violated Plaintiff’s constitutional rights 27 does not impose liability. Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978); Hamilton 28 v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 1040, 1045 (9th 1 Cir. 1989). “Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must 2 plead that each Government-official defendant, through the official’s own individual 3 actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. 4 Plaintiff has not alleged that Defendant Rhodes personally participated in a 5 deprivation of Plaintiff’s constitutional rights, was aware of a deprivation and failed to act, 6 or formed policies that resulted in Plaintiff’s injuries. Plaintiff has made no allegations 7 against Defendant Rhodes at all. Plaintiff has therefore failed to state a claim against 8 Defendant Rhodes and the Court will dismiss him. 9 B. Yavapai County Board of Supervisors 10 Municipalities and other local governing bodies are included among those “persons” 11 who may be sued under § 1983. Monell, 436 U.S. at 690-91. Likewise, an Arizona county 12 can be sued through its board of supervisors. Ariz. Rev. Stat. § 11-201(a)(1). However, a 13 municipality may not be sued solely because an injury was inflicted by its employees or 14 agents. Long v. County of L.A., 442 F.3d 1178, 1185 (9th Cir. 2006). The actions of 15 individuals may support municipal liability only if the employees were acting pursuant to 16 an official policy or custom of the municipality. Botello v. Gammick, 413 F.3d 971, 978- 17 79 (9th Cir. 2005). Thus, a § 1983 claim against a municipal defendant “cannot succeed 18 as a matter of law” unless a plaintiff: (1) alleges the municipal defendant maintains a policy 19 or custom pertinent to the plaintiff’s alleged injury; and (2) explains how such policy or 20 custom caused the plaintiff’s injury. Sadoski v. Mosley, 435 F.3d 1076, 1080 (9th Cir. 21 2006) (affirming dismissal of a municipal defendant pursuant to Fed. R. Civ. P. 12(b)(6)). 22 In Arizona, the responsibility for operating jails is placed by law upon the Sheriff, 23 not on a County’s Board of Supervisors. See Ariz. Rev. Stat. § 11-441(A)(5); Ariz. Rev. 24 Stat. § 31-101. The Yavapai County Board of Supervisors lacks authority to establish an 25 official policy with respect to the operation of the jail and cannot be held liable for the 26 actions of the Sheriff or his deputies on a theory of respondeat superior liability. See 27 Thompson v. City of Los Angeles, 885 F.2d 1439, 1443 (9th Cir. 1989), overruled on other 28 grounds by Bull v. City & County of San Francisco, 595 F.3d 964 (9th Cir. 2010). 1 Plaintiff has failed to allege facts to support that Defendant Yavapai County Board 2 of Supervisors maintained a specific policy or custom that resulted in a violation of 3 Plaintiff’s federal constitutional rights and has failed to explain how his injuries were 4 caused by any municipal policy or custom. Thus, the Court will dismiss without prejudice 5 Defendant Yavapai County Board of Supervisors. 6 V. Leave to Amend 7 Because Plaintiff has failed to state a claim against Defendants, the Court will 8 dismiss the First Amended Complaint with leave to amend. Within 30 days, Plaintiff may 9 submit a second amended complaint on a court-approved form. The Clerk of Court will 10 mail Plaintiff a court-approved form to use for filing a second amended complaint. If 11 Plaintiff fails to use the court-approved form, the Court may strike the second amended 12 complaint and dismiss this action without further notice to Plaintiff. 13 Plaintiff must clearly designate on the face of the document that it is the “Second 14 Amended Complaint.” The second amended complaint must be retyped or rewritten in its 15 entirety on the court-approved form and may not incorporate any part of the original 16 Complaint or First Amended Complaint by reference. Plaintiff may include only one claim 17 per count. 18 A second amended complaint supersedes the original Complaint and First Amended 19 Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. 20 Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court 21 will treat the original Complaint and First Amended Complaint as nonexistent. Ferdik, 22 963 F.2d at 1262. Any cause of action that was raised in the original Complaint and First 23 Amended Complaint and that was voluntarily dismissed or was dismissed without 24 prejudice is waived if it is not alleged in a second amended complaint. Lacey v. Maricopa 25 County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 26 Plaintiff should be aware that prisoners have a First Amendment right to file prison 27 grievances, Rhodes v. Robinson, 408 F.3d 559, 567 (9th Cir. 2005), but “[t]here is no 28 legitimate claim of entitlement to a grievance procedure,” Mann v. Adams, 855 F.2d 639, 1 640 (9th Cir. 1988), and the failure to follow grievance procedures does not give rise to a 2 due process claim. See Flournoy v. Fairman, 897 F. Supp. 350, 354 (N.D. Ill. 1995) (jail 3 grievance procedures did not create a substantive right enforceable under § 1983); Spencer 4 v. Moore, 638 F. Supp. 315, 316 (E.D. Mo. 1986) (violations of grievance system 5 procedures do not deprive inmates of constitutional rights). “[N]o constitutional right was 6 violated by the defendants’ failure, if any, to process all of the grievances [plaintiff] 7 submitted for consideration.” Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993). In 8 addition, “[t]he right to petition the government for redress of grievances . . . does not 9 guarantee a favorable response, or indeed any response, from state officials. Moreover, the 10 First Amendment’s right to redress of grievances is satisfied by the availability of a judicial 11 remedy.” Baltoski v. Pretorius, 291 F. Supp. 2d 807, 811 (N.D. Ind. 2003); see also 12 Ashann-Ra v. Virginia, 112 F. Supp. 2d 559, 569 (W.D. Va. 2000) (failure to comply with 13 state’s grievance procedure is not actionable under § 1983 and does not compromise an 14 inmate’s right of access to the courts). 15 The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 16 §§ 2000cc-2000cc-5 prohibits the government from imposing a substantial burden on the 17 religious exercise of an institutionalized person unless the government establishes that the 18 burden furthers a “compelling governmental interest” and does so by “the least restrictive 19 means.” 42 U.S.C. § 2000cc-1(a)(1)-(2). Therefore, to state a claim under RLUIPA, a 20 plaintiff must allege facts to support that government action has substantially burdened the 21 exercise of the plaintiff’s religion without a compelling government interest and by the 22 least restrictive means. See Guam v. Gurerrero, 290 F.3d 1210, 1222 (9th Cir. 2002). “[A] 23 ‘substantial burden’ on ‘religious exercise’ must impose a significantly great restriction or 24 onus upon such exercise.” Warsoldier v. Woodford, 418 F.3d 989, 995 (9th Cir. 2005) 25 (quotations omitted). Thus, an institutionalized person’s religious exercise is substantially 26 burdened “‘where the state . . . denies [an important benefit] because of conduct mandated 27 by religious belief, thereby putting substantial pressure on an adherent to modify his 28 behavior and to violate his belief.’” Id. 1 In addition, “[i]nmates clearly retain protections afforded by the First Amendment, 2 including its directive that no law shall prohibit the free exercise of religion.” O’Lone v. 3 Estate of Shabazz, 482 U.S. 342, 348 (1987) (internal quotations and citations omitted). 4 However, free exercise rights are “necessarily limited by the fact of incarceration, and may 5 be curtailed in order to achieve legitimate correctional goals or to maintain prison security.” 6 Id. To state a First Amendment free exercise claim, a plaintiff must allege that a defendant 7 substantially burdened his religious practice without a justification reasonably-related to 8 legitimate penological interests. Shakur v. Schriro, 514 F.3d 878 (9th Cir. 2008); Malik v. 9 Brown, 16 F.3d 330, 333 (9th Cir. 1994); Warsoldier, 418 F.3d at 995 (citing Thomas v. 10 Review Bd. of the Ind. Employment Sec. Div., 450 U.S. 707, 717-18 (1981) (pressure on 11 exercise must be substantial)); Canell v. Lightner, 143 F.3d 1210, 1215 (9th Cir. 1998) 12 (same). The religious practice or exercise at issue must be rooted in sincerely-held 13 religious belief and not in “‘purely secular’ philosophical concerns.” Malik, 16 F.3d at 333 14 (internal citation omitted). 15 VI. Motion to Allow Electronic Filing by a Party Appearing Without an Attorney 16 In his Motion to Allow Electronic Filing, Plaintiff avers that he is representing 17 himself and can comply with all equipment and rule-requirements governing electronic 18 filing. (Doc. 9.) He has also attached the required registration form. The Court will 19 therefore grant the Motion to Allow Electronic Filing in this case only. Plaintiff is still 20 required to submit a clear, legible paper copy of every pleading or document filed, for use 21 by the Court. See LRCiv 5.4. 22 The Court will deny as moot Plaintiff’s subsequent Motion to Allow Electronic 23 Filing (Doc. 13). 24 VII. Warnings 25 A. Address Changes 26 Plaintiff must file and serve a notice of a change of address in accordance with Rule 27 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 28 1 relief with a notice of change of address. Failure to comply may result in dismissal of this 2 action. 3 B. Possible Dismissal 4 If Plaintiff fails to timely comply with every provision of this Order, including these 5 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 6 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 7 the Court). 8 IT IS ORDERED: 9 (1) Plaintiff’s Motion to Allow Electronic Filing by a Party Appearing Without 10 an Attorney (Doc. 9) is granted. Plaintiff is required to comply with all rules outlined in 11 the District of Arizona’s Case Management/Electronic Case Filing Administrative Policies 12 and Procedures Manual, have access to the required equipment and software, have a 13 personal electronic mailbox of sufficient capacity to send and receive electronic notice of 14 case related transmissions, be able to electronically transmit documents to the court in .pdf, 15 complete the necessary forms to register as a user with the Clerk’s Office within five days 16 of the date of this Order (if not already on file), register as a subscriber to PACER (Public 17 Access to Electronic Records) within five days of the date of this Order (if this has not 18 already occurred), and comply with the privacy policy of the Judicial Conference of the 19 United States and the E-Government Act of 2002. Any misuse of the ECF system will 20 result in immediate discontinuation of this privilege and disabling of the password assigned 21 to the party. 22 (2) the Clerk of the Court shall provide a copy of this Order to the Attorney 23 Admissions/Admin Clerk. 24 (3) Plaintiff’s subsequent Motion to Allow Electronic Filing by a Party 25 Appearing Without an Attorney (Doc. 13) is denied as moot. 26 (4) Plaintiff’s Application to Proceed in District Court without Prepaying Fees 27 or Costs (Doc. 12) is granted. Plaintiff is not required to pay a filing fee for this action. 28 ] (5) The First Amended Complaint (Doc. 5) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. 4 (6) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 5 Court must, without further notice, enter a judgment of dismissal of this action without 6 prejudice and deny any pending unrelated motions as moot. 7 (7) The Clerk of Court must mail Plaintiffa court-approved form for filing a civil 8 rights complaint by a prisoner. 9 Dated this 28th day of July, 2026. 10
12 B _ James A. Teil Org Senior United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Ic
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 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 $405.00 ($350.00 filing fee plus $55.00 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. Unless you are an inmate housed at an Arizona Department of Corrections facility that participates in electronic filing, mail the original and one copy of the complaint with the $405 filing and administrative fees or the application to proceed in forma pauperis to:
1 Revised 11/6/24 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.
2 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.
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, 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. 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).
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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. .
3 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. .
4 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.
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.