1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Cody James Wilkins, No. CV 20-08298-PCT-JAT (ESW) 10 Plaintiff, 11 v. ORDER 12 Yavapai County, et al., 13 Defendants.
14 15 Plaintiff Cody James Wilkins, who is confined in the Yavapai County Detention 16 Center, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and an 17 Application to Proceed In Forma Pauperis (Doc. 4). The Court granted the Application 18 and dismissed the Complaint with leave to amend (Doc. 6). Plaintiff has filed a First 19 Amended Complaint (Doc. 8). The Court will dismiss the First Amended Complaint with 20 leave to amend. 21 I. Statutory Screening of Prisoner Complaints 22 The Court is required to screen complaints brought by prisoners seeking relief 23 against a governmental entity or an officer or an employee of a governmental entity. 28 24 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 25 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 26 relief may be granted, or that seek monetary relief from a defendant who is immune from 27 such relief. 28 U.S.C. § 1915A(b)(1)-(2). 28 A pleading must contain a “short and plain statement of the claim showing that the 1 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 2 not demand detailed factual allegations, “it demands more than an unadorned, the- 3 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 4 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 5 conclusory statements, do not suffice.” Id. 6 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 7 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 8 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 9 that allows the court to draw the reasonable inference that the defendant is liable for the 10 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 11 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 12 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 13 allegations may be consistent with a constitutional claim, a court must assess whether there 14 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 15 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 16 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 17 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 18 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 19 U.S. 89, 94 (2007) (per curiam)). 20 If the Court determines that a pleading could be cured by the allegation of other 21 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 22 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 23 Plaintiff’s First Amended Complaint will be dismissed for failure to state a claim, but 24 because it may possibly be amended to state a claim, the Court will dismiss it with leave 25 to amend. 26 II. First Amended Complaint 27 In his one-count First Amended Complaint, Plaintiff alleges claims for threat to 28 safety, retaliation, and violation of his religious exercise rights. Plaintiff sues Yavapai 1 County Sheriff’s Office (YCSO) Sergeants Byers and Sampson and Detention Officers 2 Lamb and Edmondson. Plaintiff seeks compensatory relief. 3 Plaintiff alleges that in October 2019, he was housed in O-Dorm and asked to be 4 moved due a conflict with another detainee, whom he does not identify. Plaintiff was 5 moved to N-Dorm. Plaintiff again asked to be moved and he was placed in Administrative 6 Segregation (“Ad-Seg”). According to Plaintiff, he was placed in Ad-Seg because 7 detention staff said his behavior was unmanageable, but he sought to be moved for his 8 safety. Plaintiff alleges that as a result of being housed in a unit with violent offenders— 9 Plaintiff does not indicate whether he refers to Ad-Seg, O-Dorm, or N-Dorm—his safety 10 was endangered. He also appears to allege that even when he asked to be moved every 11 other week, he was “shot down” and forced to stay in “units” despite not having done 12 anything wrong. Plaintiff alleges that, as an un-convicted detainee, he was being punished 13 by being placed in Ad-Seg. He alleges that “all the officers involved in housing [him] in 14 unit 5” violated his constitutional rights. As his injury, Plaintiff alleges lack of exposure 15 to sunlight, being afforded only eight hours a month for mental health, and dungeon 16 syndrome from lack of light, causing mental anguish. 17 III. Failure to State a Claim 18 To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 19 (2) under color of state law (3) deprived him of federal rights, privileges or immunities and 20 (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th Cir. 21 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 1278, 22 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific injury 23 as a result of the conduct of a particular defendant and he must allege an affirmative link 24 between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371- 25 72, 377 (1976). 26 To state a claim against a defendant, “[a] plaintiff must allege facts, not simply 27 conclusions [to] show that an individual was personally involved in the deprivation of his 28 civil rights.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). For an individual 1 to be liable in his or her official capacity, a plaintiff must allege injuries resulting from a 2 policy, practice, or custom of the agency over which that individual has final policy-making 3 authority. See Cortez v. County of Los Angeles, 294 F.3d 1186, 1188 (9th Cir. 2002). In 4 addition, there is no respondeat superior liability under § 1983, so a defendant’s position 5 as the supervisor of someone who allegedly violated a plaintiff’s constitutional rights, 6 absent more, does not make him liable. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 7 (1978); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). A supervisor in his personal 8 capacity “is only liable for constitutional violations of his subordinates if the supervisor 9 participated in or directed the violations, or knew of the violations and failed to act to 10 prevent them.” Taylor, 880 F.2d at 1045. Further, under Ninth Circuit law, a defendant 11 can be liable for failure to act. Id. 12 A. Defendants 13 Plaintiff names four YCSO officers as Defendants, but Plaintiff fails to allege any 14 facts against any of them. Specifically, Plaintiff fails to allege when or how each Defendant 15 allegedly violated his constitutional rights. Accordingly, Plaintiff fails to state a claim 16 against any Defendant. 17 B. Conditions of Confinement/Threat to Safety 18 Plaintiff appears to seek relief concerning his conditions of confinement, 19 particularly, the lack of exposure to sunlight, and a threat to safety posed by other detainees. 20 A pretrial detainee has a right under the Due Process Clause of the Fourteenth Amendment 21 to be free from punishment prior to an adjudication of guilt. Bell v. Wolfish, 441 U.S. 520, 22 535 (1979). “Pretrial detainees are entitled to ‘adequate food, clothing, shelter, sanitation, 23 medical care, and personal safety.’” Alvarez-Machain v. United States, 107 F.3d 696, 701 24 (9th Cir. 1996) (quoting Hoptowit v. Ray, 682 F.2d 1237, 1246 (9th Cir. 1982)). To state 25 a claim of unconstitutional conditions of confinement against an individual defendant, a 26 pretrial detainee must allege facts that show: 27 (i) the defendant made an intentional decision with respect to the conditions under which the plaintiff was confined; (ii) those conditions put the plaintiff 28 at substantial risk of suffering serious harm; (iii) the defendant did not take reasonable available measures to abate that risk, even though a reasonable 1 official in the circumstances would have appreciated the high degree of risk 2 involved—making the consequences of the defendant’s conduct obvious; and (iv) by not taking such measures, the defendant caused the plaintiff’s 3 injuries. 4 Gordon v. County of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018). 5 Whether the conditions and conduct rise to the level of a constitutional violation is 6 an objective assessment that turns on the facts and circumstances of each particular case. 7 Id.; Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir. 2005). However, “a de minimis 8 level of imposition” is insufficient. Bell, 441 U.S. at 539 n.21. In addition, the “‘mere lack 9 of due care by a state official’ does not deprive an individual of life, liberty, or property 10 under the Fourteenth Amendment.” Castro v. County of Los Angeles, 833 F.3d 1060, 1071 11 (9th Cir. 2016) (quoting Daniels v. Williams, 474 U.S. 327, 330-31 (1986)). Thus, a 12 plaintiff must “prove more than negligence but less than subjective intent—something akin 13 to reckless disregard.” Id. 14 As described above, Plaintiff fails to connect any of his allegations to one or more 15 Defendants. As to his conditions of confinement, Plaintiff fails to sufficiently allege facts 16 to support that he has been denied outside recreation or exposure to sunlight for a prolonged 17 period. Plaintiff also fails to allege whether he requested outside recreation, from whom 18 and when, and any reasons given for denying him outside recreation. 19 To the extent that Plaintiff asserts a claim for threat to safety, Plaintiff fails to allege 20 facts to support that any Defendant acted with reckless disregard to a threat to his safety 21 posed by other detainees. Plaintiff fails to allege facts to support that other detainees posed 22 a substantial threat to him, including who and how, or that any Defendant knew or should 23 have known of such risk to Plaintiff.1 For these reasons, Plaintiff fails to state a claim for 24
25 1 Plaintiff also refers to retaliation. A viable claim of First Amendment retaliation contains five basic elements: (1) an assertion that a state actor took some adverse action 26 against an inmate (2) because of (3) that prisoner’s protected conduct, and that such action (4) chilled the inmate’s exercise of his First Amendment rights (or that the inmate suffered 27 more than minimal harm) and (5) did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005); see also Hines v. Gomez, 108 28 F.3d 265, 267 (9th Cir. 1997) (retaliation claim requires an inmate to show (1) that the prison official acted in retaliation for the exercise of a constitutionally protected right, and 1 unconstitutional conditions of confinement or threat to safety against any Defendant. 2 C. Due Process 3 Plaintiff also appears to assert that as an un-convicted detainee, he has been 4 punished, in violation of his due process rights. “[A] detainee may not be punished prior 5 to an adjudication of guilt in accordance with due process of law.” Bell v. Wolfish, 441 6 U.S. 520, 535 (1979). If the pretrial detainee is subjected to restraints not imposed as 7 punishment for the crime that led to the pretrial detention, but for other reasons such as the 8 breaking of a jail rule, the detainee is entitled to prior due process. Id. 9 Procedural due process in disciplinary proceedings requires that the inmate receive: 10 (1) written notice of the charges, no less than twenty-four hours prior to the hearing; (2) a 11 written statement by the factfinders as to the evidence relied on and reasons for the 12 disciplinary action and (3) a limited right to call witnesses and present documentary 13 evidence when it would not be unduly hazardous to institutional safety or correctional goals 14 to allow the defendant to do so. Wolff v. McDonnell, 418 U.S. 539, 565-66 (1974). If these 15 procedural protections are followed, the only function of a federal court is to review the 16 statement of evidence upon which the committee relied in making its findings to determine 17 if the decision is supported by “some facts.” Hanrahan v. Lane, 747 F.2d 1137, 1141 (7th 18 Cir. 1984) (citation omitted). Due process requires simply “that there be some evidence to 19 support the findings made in the disciplinary hearing.” Superintendent v. Hill, 472 U.S. 20 445, 457 (1985). 21 Plaintiff alleges that he was moved between dorms before being placed in Ad-Seg. 22 Ad-Seg is non-disciplinary and Plaintiff alleges no facts to support that he was placed in 23 Ad-Seg for violating jail rules. Rather, it appears that Plaintiff was placed in Ad-Seg for 24 his safety. Such placement does require due process protections because it is not punitive. 25 Accordingly, Plaintiff fails to state a claim for violation of due process.
26 (2) that the action “advanced no legitimate penological interest”). The plaintiff has the burden of demonstrating that his exercise of his First Amendment rights was a substantial 27 or motivating factor behind the defendants’ conduct. Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977); Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 28 1310, 1314 (9th Cir. 1989). Plaintiff fails to allege facts to support that anyone retaliated against him for engaging in constitutionally protected conduct. 1 D. Religious Exercise 2 The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 3 §§ 2000cc-2000cc-5, prohibits the government from imposing a substantial burden on the 4 religious exercise of an institutionalized person unless the government establishes that the 5 burden furthers a “compelling governmental interest” and does so by “the least restrictive 6 means.” 42 U.S.C. § 2000cc-1(a)(1) - (2). Therefore, to state a claim under RLUIPA, a 7 plaintiff must allege facts to support that government action has substantially burdened the 8 exercise of the plaintiff’s religion without a compelling government interest and by the 9 least restrictive means. See Guam v. Guerrero, 290 F.3d 1210, 1222 (9th Cir. 2002). “[A] 10 ‘substantial burden’ on ‘religious exercise’ must impose a significantly great restriction or 11 onus upon such exercise.” Warsoldier v. Woodford, 418 F.3d 989, 995 (9th Cir. 2005) 12 (quotations omitted). Thus, an institutionalized person’s religious exercise is substantially 13 burdened “‘where the state . . . denies [an important benefit] because of conduct mandated 14 by religious belief, thereby putting substantial pressure on an adherent to modify his 15 behavior and to violate his belief.’” Id. 16 In addition, “[i]nmates clearly retain protections afforded by the First Amendment, 17 including its directive that no law shall prohibit the free exercise of religion.” O’Lone v. 18 Estate of Shabazz, 482 U.S. 342, 348 (1987) (internal quotations and citations omitted). 19 However, free exercise rights are “necessarily limited by the fact of incarceration, and may 20 be curtailed in order to achieve legitimate correctional goals or to maintain prison security.” 21 Id. To state a First Amendment free exercise claim, a plaintiff must allege that a defendant 22 substantially burdened his religious practice without a justification reasonably related to 23 legitimate penological interests. Shakur v. Schriro, 514 F.3d 878 (9th Cir. 2008); Malik v. 24 Brown, 16 F.3d 330, 333 (9th Cir. 1994); Warsoldier, 418 F.3d at 995 (citing Thomas v. 25 Review Bd. of the Ind. Employment Sec. Div., 450 U.S. 707, 717-18 (1981) (pressure on 26 exercise must be substantial)); Canell v. Lightner, 143 F.3d 1210, 1215 (9th Cir. 1998) 27 (same). The religious practice or exercise at issue must be rooted in sincerely held religious 28 belief and not in “‘purely secular’ philosophical concerns.” Malik, 16 F.3d at 333 (internal 1 citation omitted). 2 Plaintiff fails to allege any facts to support that any Defendant has substantially 3 burdened his religious exercise rights, including when, how, and by whom. Accordingly, 4 Plaintiff fails to state a claim for violation of his religious exercise rights. 5 IV. Leave to Amend 6 For the foregoing reasons, Plaintiff’s First Amended Complaint will be dismissed 7 for failure to state a claim upon which relief may be granted. Within 30 days, Plaintiff may 8 submit a second amended complaint to cure the deficiencies outlined above. The Clerk of 9 Court will mail Plaintiff a court-approved form to use for filing a second amended 10 complaint. If Plaintiff fails to use the court-approved form, the Court may strike the second 11 amended complaint and dismiss this action without further notice to Plaintiff. 12 Plaintiff must clearly designate on the face of the document that it is the “Second 13 Amended Complaint.” The second amended complaint must be retyped or rewritten in its 14 entirety on the court-approved form and may not incorporate any part of the original 15 Complaint or First Amended Complaint by reference. Plaintiff may include only one claim 16 per count. 17 A second amended complaint supersedes the original Complaint and First Amended 18 Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. 19 Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court 20 will treat the original Complaint and First Amended Complaint as nonexistent. Ferdik, 21 963 F.2d at 1262. Any cause of action that was raised in the original Complaint or First 22 Amended Complaint and that was voluntarily dismissed or was dismissed without 23 prejudice is waived if it is not alleged in a second amended complaint. Lacey v. Maricopa 24 County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 25 V. Warnings 26 A. Release 27 If Plaintiff is released while this case remains pending, and the filing fee has not 28 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 1 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 2 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 3 result in dismissal of this action. 4 B. Address Changes 5 Plaintiff must file and serve a notice of a change of address in accordance with Rule 6 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 7 relief with a notice of change of address. Failure to comply may result in dismissal of this 8 action. 9 . . . . 10 C. Possible “Strike” 11 Because the First Amended Complaint has been dismissed for failure to state a 12 claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies 13 identified in this Order, the dismissal may count as a “strike” under the “3-strikes” 14 provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring 15 a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the 16 prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 17 brought an action or appeal in a court of the United States that was dismissed on the 18 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be 19 granted, unless the prisoner is under imminent danger of serious physical injury.” 28 20 U.S.C. § 1915(g). 21 D. Possible Dismissal 22 If Plaintiff fails to timely comply with every provision of this Order, including these 23 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 24 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 25 the Court). 26 IT IS ORDERED: 27 (1) The First Amended Complaint (Doc. 8) is dismissed for failure to state a 28 claim. Plaintiff has 30 days from the date this Order is filed to file a second amended 1 | complaint in compliance with this Order. 2 (2) — If Plaintiff fails to file a second amended complaint within 30 days, the Clerk 3| of Court must, without further notice, enter a judgment of dismissal of this action with 4| prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) 5 | and deny any pending unrelated motions as moot. 6 (3) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. 8 Dated this 12th day of May, 2021. 9 10 a 3 C 11 James A. Teil Org Senior United States District Judge 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 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 $402.00 ($350.00 filing fee plus $52.00 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 $402 filing and administrative fees or the application to proceed in forma pauperis to:
1 Revised 12/1/20 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. 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.
.
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.