Purdue v. NaphCare

• Court: District Court, D. Arizona
• Decided: September 5, 2025
• Docket: 2:25-cv-01430
• Status: Unknown

Opinion

1 JL 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jacob J. Purdue, No. CV-25-01430-PHX-JAT (DMF) 10 Plaintiff, 11 v. ORDER 12 NaphCare, et al., 13 Defendants.

15 Plaintiff Jacob J. Purdue, who is confined in a Maricopa County Jail,1 has filed a 16 pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an Application to 17 Proceed In Forma Pauperis (Doc. 2). The Court will dismiss the Complaint with leave to 18 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 assess an initial partial filing fee of $25.17. The remainder 23 of the fee will be collected monthly in payments of 20% of the previous month’s income 24 credited to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 25 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate 26 government agency to collect and forward the fees according to the statutory formula. 27 28 1 Plaintiff is a prisoner in the Arizona Department of Corrections, Rehabilitation and Reentry but is currently in Maricopa County custody awaiting trial on four counts of aggravated assault on a law enforcement employee. 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, fail to state a claim upon which 6 relief may be granted, or seek monetary relief from a defendant who is immune from such 7 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 1 If the Court determines that a pleading could be cured by the allegation of other 2 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 3 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). The 4 Court will dismiss Plaintiff’s Complaint for failure to state a claim, but because it may 5 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 6 III. Complaint 7 In his three-count Complaint, Plaintiff sues Arizona Department of Corrections, 8 Rehabilitation and Reentry (ADCRR) Director Ryan Thornell, NaphCare, and NaphCare 9 “nurses, providers, [and] staff.” Plaintiff brings claims regarding his medical care and 10 retaliation. He seeks injunctive and monetary relief. 11 In Count One, Plaintiff alleges the following: 12 At the relevant time, Plaintiff was incarcerated in the Arizona State Prison Complex 13 (ASPC)-Lewis and ASPC-Eyman. In November 2023, Plaintiff became ill and submitted 14 a health needs request (HNR), but he was “ignored” until March 2024. At the time, he 15 weighed 217 pounds. Plaintiff began losing weight and vomiting, lost consciousness, and 16 experienced dizziness. He submitted a grievance, but his attempts to receive a diagnosis 17 were ignored. Plaintiff submitted another grievance and ended up having a friend call 18 NaphCare as [his] ‘counsel’ to rush labs.” In May 2024, Plaintiff had labs performed, and 19 in June 2024, learned that he had tested positive for valley fever. Plaintiff asked for a 20 “baseline” and a specialist consultation but received no response. He was given 21 fluconazole but no other treatment, and he suffered rashes, weight loss to 184 pounds, 22 shortness of breath, and adverse reactions to heat, but he continued to be “ignored.” 23 Plaintiff has also suffered fear of death and stress, which has caused high blood pressure 24 and paranoia leading to violence, and he is physically unable to perform activities. 25 In Count Two, Plaintiff alleges that in March 2024, he “became aware” of severe 26 illness and asked “medical” to check for pulmonary, respiratory, and “cancerous issues.” 27 Plaintiff claims he was ignored and “told he should ‘stop using’” weight loss as the reason 28 for his HNRs. Plaintiff asserts that he was vomiting, passing out, and experienced 1 shortness of breath but was denied immediate attention through the HNR and grievance 2 process. Plaintiff alleges that after eight or nine months of inaction, Plaintiff had a friend 3 “call down” for him pretending to be Plaintiff’s lawyer and was finally tested and 4 diagnosed with valley fever. Plaintiff claims he submitted five or six grievances, each one 5 of which “went absolutely unanswered.” Plaintiff asserts that he finally “just followed 6 each step rigidly w/timeframes to meet any standard.” As his injury, Plaintiff alleges he 7 suffered mental trauma resulting in real concerns of not receiving medical treatment, severe 8 weight loss, rashes, lethargy, inability to exercise, and delusions. 9 In Count Three, Plaintiff alleges that in September 2024, he was moved from ASPC- 10 Lewis to ASPC-Eyman Browning Unit. Plaintiff asserts that all medical attention at 11 ASPC-Lewis had ceased, and he was “arguing w[ith] medical” about his valley fever 12 medication, fluconazole, because he was experiencing adverse side effects. Plaintiff claims 13 he compared his lab tests and saw that his “fungus” had risen from 1.9% to 2.5%, he had a 14 rash all over his body, and he suffered nausea. Plaintiff alleges he told providers A. Ortiz, 15 Smith, and another unidentified provider about these issues and eventually “became 16 enraged” because nothing was being done. Plaintiff asserts that he stopped taking the 17 fluconazole, and the rash immediately healed. Plaintiff claims a provider, Dr. Olmstead, 18 prescribed a medication for his valley fever, but he did not receive it before he was moved 19 to the 4th Avenue Jail. Plaintiff alleges that he has requested medication and “grieved it,” 20 but a provider at the Jail told him that ADCRR/NaphCare never sent any information 21 regarding Plaintiff’s valley fever. Plaintiff claims he is “now fighting with” the Maricopa 22 County Sheriff’s Office, and he “feels it[ is] direct retaliation.” Plaintiff asserts his injury 23 is “unknown” but “at this point [he is] being wholly [and] completely ignored” because 24 ADCRR did not send his medical records so he will “just assume [he is] being eaten up 25 w[ith] internal deadly disease valley fever.” 26 IV. Failure to State a Claim 27 A. Defendant Thornell 28 To state a valid claim under § 1983, plaintiffs must allege that they suffered a 1 specific injury as a result of specific conduct of a defendant and show an affirmative link 2 between the injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 3 371-72, 377 (1976). There is no respondeat superior liability under § 1983, and therefore, 4 a defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s 5 constitutional rights does not impose liability. Monell v. Dep’t of Soc. Servs., 436 U.S. 658 6 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 7 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to Bivens and 8 § 1983 suits, a plaintiff must plead that each Government-official defendant, through the 9 official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. 10 Plaintiff has not alleged that Defendant Thornell personally participated in a 11 deprivation of Plaintiff’s constitutional rights, was aware of a deprivation and failed to act, 12 or formed policies that resulted in Plaintiff’s injuries. Plaintiff has made no allegations at 13 all against Thornell. Thus, the Court will dismiss without prejudice Defendant Thornell. 14 B. Defendant NaphCare 15 To state a claim under § 1983 against a private entity performing a traditional public 16 function, such as providing medical care to prisoners, a plaintiff must allege facts to support 17 that his constitutional rights were violated as a result of a policy, decision, or custom 18 promulgated or endorsed by the private entity. See Tsao v. Desert Palace, Inc., 698 F.3d 19 1128, 1138-39 (9th Cir. 2012); Buckner v. Toro, 116 F.3d 450, 452 (11th Cir. 1997) (per 20 curiam). A plaintiff must allege the specific policy or custom and how it violated his 21 constitutional rights. A private entity is not liable merely because it employs persons who 22 allegedly violated a plaintiff’s constitutional rights. See Tsao, 698 F.3d at 1139; Buckner, 23 116 F.3d at 452. 24 Plaintiff does not allege that any of the conduct described in the Complaint was the 25 result of a specific policy or custom of Defendant NaphCare. Thus, the Court will dismiss 26 without prejudice Defendant NaphCare. 27 C. NaphCare Staff 28 Not every claim by a prisoner relating to inadequate medical treatment states a 1 violation of the Eighth Amendment. To state a § 1983 medical claim, a plaintiff must show 2 (1) a “serious medical need” by demonstrating that failure to treat the condition could result 3 in further significant injury or the unnecessary and wanton infliction of pain and (2) the 4 defendant’s response was deliberately indifferent. Jett v. Penner, 439 F.3d 1091, 1096 (9th 5 Cir. 2006). 6 “Deliberate indifference is a high legal standard.” Toguchi v. Chung, 391 F.3d 7 1051, 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must both 8 know of and disregard an excessive risk to inmate health; “the official must both be aware 9 of facts from which the inference could be drawn that a substantial risk of serious harm 10 exists, and he must also draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). 11 Deliberate indifference in the medical context may be shown by a purposeful act or failure 12 to respond to a prisoner’s pain or possible medical need and harm caused by the 13 indifference. Jett, 439 F.3d at 1096. Deliberate indifference may also be shown when a 14 prison official intentionally denies, delays, or interferes with medical treatment or by the 15 way prison doctors respond to the prisoner’s medical needs. Estelle v. Gamble, 429 U.S. 16 97, 104-05 (1976); Jett, 439 F.3d at 1096. 17 Deliberate indifference is a higher standard than negligence or lack of ordinary due 18 care for the prisoner’s safety. Farmer, 511 U.S. at 835. “Neither negligence nor gross 19 negligence will constitute deliberate indifference.” Clement v. Cal. Dep’t of Corr., 220 F. 20 Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter Labs., 622 F.2d 458, 21 460 (9th Cir. 1980) (mere claims of “indifference,” “negligence,” or “medical malpractice” 22 do not support a claim under § 1983). “A difference of opinion does not amount to 23 deliberate indifference to [a plaintiff’s] serious medical needs.” Sanchez v. Vild, 891 F.2d 24 240, 242 (9th Cir. 1989). A mere delay in medical care, without more, is insufficient to 25 state a claim against prison officials for deliberate indifference. See Shapley v. Nev. Bd. of 26 State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). The indifference must be 27 substantial. The action must rise to a level of “unnecessary and wanton infliction of pain.” 28 Estelle, 429 U.S. at 105. 1 Plaintiff has named a group of NaphCare staff as Defendants. Although Plaintiff 2 identifies several providers in Count Three, he has not separately named those individuals 3 as Defendants2 and specifically alleged when and how each named Defendant acted with 4 deliberate indifference to his symptoms. More generally, Plaintiff fails to describe about 5 when he began suffering his symptoms and their severity. He also fails to allege whether 6 he described his symptoms, and their severity, in his HNRs, including when, who 7 responded to his HNRs, and what the response was. In other words, Plaintiff has not 8 alleged when, how, and who he informed of his symptoms and their responses. 9 Accordingly, Plaintiff has failed to state a claim against NaphCare staff, and they will be 10 dismissed. 11 V. Leave to Amend 12 For the foregoing reasons, the Court will dismiss Plaintiff’s Complaint for failure to 13 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 14 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 15 mail Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff 16 fails to use the court-approved form, the Court may strike the amended complaint and 17 dismiss this action without further notice to Plaintiff. 18 Plaintiff must clearly designate on the face of the document that it is the “First 19 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 20 entirety on the court-approved form and may not incorporate any part of the original 21 Complaint by reference. Plaintiff may include only one claim per count. 22 23

24 2 Rule 10(a) of the Federal Rules of Civil Procedure requires the plaintiff to include the names of the parties in the action. As a practical matter, it is impossible in most 25 instances for the United States Marshal or his designee to serve a summons and complaint or amended complaint upon an anonymous defendant. Where the names of individual 26 defendants are unknown at the time a complaint is filed, a plaintiff may refer to the individual unknown defendants as Defendant John (or Jane) Doe 1, John Doe 2, and so on, 27 and allege facts to support how each Doe defendant violated Plaintiff’s constitutional rights. He may thereafter seek discovery to identify the actual names of a Doe defendant. 28 See Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)). 1 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 2 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 3 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 4 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 5 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 6 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 7 F.3d 896, 928 (9th Cir. 2012) (en banc). 8 If Plaintiff files an amended complaint, he must write short, plain statements telling 9 the Court: (1) the constitutional right he believes was violated; (2) the name of the 10 Defendant who violated the right; (3) exactly what that Defendant did or failed to do; 11 (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff’s 12 constitutional right; and (5) what specific injury Plaintiff suffered because of that 13 Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 14 Plaintiff must repeat this process for each person he names as a Defendant. If 15 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 16 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 17 failure to state a claim. Conclusory allegations that a Defendant or group of 18 Defendants has violated a constitutional right are not acceptable and will be 19 dismissed. 20 If Plaintiff files an amended complaint, he should note that a viable claim of First 21 Amendment retaliation contains five basic elements: (1) an assertion that a state actor took 22 some adverse action against an inmate (2) because of (3) that prisoner’s protected conduct, 23 and that such action (4) chilled the inmate’s exercise of his First Amendment rights (or that 24 the inmate suffered more than minimal harm) and (5) did not reasonably advance a 25 legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005); 26 see also Hines v. Gomez, 108 F.3d 265, 267 (9th Cir. 1997) (retaliation claim requires an 27 inmate to show (1) that the prison official acted in retaliation for the exercise of a 28 constitutionally protected right, and (2) that the action “advanced no legitimate penological 1 interest”). The plaintiff has the burden of demonstrating that his exercise of his First 2 Amendment rights was a substantial or motivating factor behind the defendants’ conduct. 3 Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977); Soranno’s 4 Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 (9th Cir. 1989). 5 VI. Warnings 6 A. Release 7 If Plaintiff is released while this case remains pending, and the filing fee has not 8 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 9 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 10 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 11 result in dismissal of this action. 12 B. Address Changes 13 Plaintiff must file and serve a notice of a change of address in accordance with Rule 14 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 15 relief with a notice of change of address. Failure to comply may result in dismissal of this 16 action. 17 C. Possible “Strike” 18 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 19 fails to file an amended complaint correcting the deficiencies identified in this Order, the 20 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 21 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 22 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 23 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 24 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 25 or fails to state a claim upon which relief may be granted, unless the prisoner is under 26 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 27 D. Possible Dismissal 28 If Plaintiff fails to timely comply with every provision of this Order, including these 1 | warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 2| at 1260-61 (a district court may dismiss an action for failure to comply with any order of 3 | the Court). 4| ITIS ORDERED: 5 (1) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. 6 (2) As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $25.17. 9 (3) |The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 10 | has 30 days from the date this Order is filed to file a first amended complaint in compliance 11 | with this Order. 12 (4) — If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 13 | 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) 15 | and deny any pending unrelated motions as moot. 16 (5) The Clerk of Court must mail Plaintiffa court-approved form for filing a civil 17 | rights complaint by a prisoner. 18 Dated this 5th day of September, 2025. 19 20 a 21 2 _ James A. Teil Org Senior United States District Judge 23 24 25 26 27 28

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).

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.