Tucker v. Shepherd ( 2021 )

1 MDR 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Thomas Norbert Tucker, Jr., No. CV 21-00248-PHX-DGC (JFM) 10 Plaintiff, 11 v. ORDER 12 J. Adam Shepherd, et al., 13 Defendants. 14 15 On February 8, 2021, Plaintiff Thomas Norbert Tucker, Jr., and forty others, all of 16 whom are or were confined in the Gila County Jail, filed a pro se Complaint in Myers v. 17 Shepherd, CV 21-00212-PHX-JAT (CDB). In a February 16, 2021 Order, the Court 18 severed that action into individual actions for each Plaintiff; directed the Clerk of Court to 19 assign a new case number to each new individual action and file a copy of the Order and 20 the Complaint in each new case; dismissed the Complaint without prejudice and gave each 21 Plaintiff thirty days to file, in his individual case, an amended complaint providing specific 22 facts regarding how he was personally injured by the alleged constitutional violations; and 23 gave each Plaintiff thirty days to, in his individual case, either pay the filing and 24 administrative fees or file an Application to Proceed In Forma Pauperis. 25 On March 3, 2021, Plaintiff filed a First Amended Complaint (Doc. 5). On March 26 5, 2021, he filed an Application to Proceed In Forma Pauperis. In an April 12, 2021 Order, 27 the Court denied the deficient Application to Proceed and gave Plaintiff thirty days to pay 28 1 the filing and administrative fees or file a complete Application to Proceed In Forma 2 Pauperis. 3 On May 13, 2021, Plaintiff file a second Application to Proceed In Forma 4 Pauperis (Doc. 8). The Court will grant the second Application to Proceed and will dismiss 5 without prejudice the First Amended Complaint. 6 I. Second Application to Proceed In Forma Pauperis and Filing Fee 7 The Court will grant Plaintiff’s second Application to Proceed In Forma Pauperis. 8 28 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. 9 § 1915(b)(1). The Court will assess an initial partial filing fee of $86.00. The remainder 10 of the fee will be collected monthly in payments of 20% of the previous month’s income 11 credited to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 12 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate 13 government agency to collect and forward the fees according to the statutory formula. 14 II. Statutory Screening of Prisoner Complaints 15 The Court is required to screen complaints brought by prisoners seeking relief 16 against a governmental entity or an officer or an employee of a governmental entity. 28 17 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 18 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 19 relief may be granted, or that seek monetary relief from a defendant who is immune from 20 such relief. 28 U.S.C. § 1915A(b)(1)–(2). 21 A pleading must contain a “short and plain statement of the claim showing that the 22 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 23 not demand detailed factual allegations, “it demands more than an unadorned, the- 24 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 25 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 26 conclusory statements, do not suffice.” Id. 27 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 28 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 1 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 2 that allows the court to draw the reasonable inference that the defendant is liable for the 3 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 4 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 5 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 6 allegations may be consistent with a constitutional claim, a court must assess whether there 7 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 8 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 9 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 10 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 11 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 12 U.S. 89, 94 (2007) (per curiam)). 13 If the Court determines that a pleading could be cured by the allegation of other 14 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 15 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 16 Plaintiff’s First Amended Complaint will be dismissed for failure to state a claim, but 17 because it may possibly be amended to state a claim, the Court will dismiss it with leave 18 to amend. 19 III. First Amended Complaint 20 In his two-count First Amended Complaint, Plaintiff seeks monetary damages from 21 Defendants Gila County Sheriff J. Adam Shepherd, Jail Commander Justin Solberg, and 22 Head Nurse Penni Padgett. In each count, Plaintiff alleges he was subjected to cruel and 23 unusual punishment. 24 In Count One, Plaintiff contends that between September 23, 2020, and the 25 beginning of January 2021, the Gila County Jail, which is run by Defendants Shepherd and 26 Solberg, had no policies or procedures in place to protect pretrial detainees from exposure 27 to the Coronavirus Disease 2019 (COVID-19). Specifically, he claims there were no 28 quarantine procedures in place and no personal protective equipment. Plaintiff alleges he 1 was exposed to COVID-19 “[d]ue to a system of deliberate indifference” by Defendants 2 Shepherd and Solberg and, as a result, fears for his life and personal safety. 3 In Count Two, Plaintiff contends that “[t]hrough a system of deliberate 4 indiffer[e]nce,” Defendants Shepherd and Solberg placed Plaintiff and other detainees at 5 the Jail “in peril, by not following COVID-19 health & safety protoc[ols].” Plaintiff asserts 6 there were no quarantine procedures in place and no masks or disinfectants were issued. 7 He also contends Defendant Padgett failed to implement safety protocols to protect against 8 the spread of COVID-19. 9 IV. Failure to State a Claim 10 Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519, 11 520-21 (1972), conclusory and vague allegations will not support a cause of action. Ivey 12 v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982). Further, a liberal interpretation of a 13 civil rights complaint may not supply essential elements of the claim that were not initially 14 pled. Id. 15 To state a valid claim under § 1983, plaintiffs must allege that they suffered a 16 specific injury as a result of specific conduct of a defendant and show an affirmative link 17 between the injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 18 371-72, 377 (1976). There is no respondeat superior liability under § 1983, and therefore, 19 a defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s 20 constitutional rights does not impose liability. Monell v. Dep’t of Soc. Servs., 436 U.S. 658 21 (1978); Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 22 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to . . . § 1983 suits, 23 a plaintiff must plead that each Government-official defendant, through the official’s own 24 individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676. “A plaintiff must 25 allege facts, not simply conclusions, that show that an individual was personally involved 26 in the deprivation of his civil rights.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 27 1998). 28 . . . . 1 A pretrial detainee has a right under the Due Process Clause of the Fourteenth 2 Amendment, rather than the Eighth Amendment’s cruel and unusual punishment clause, to 3 be free from punishment prior to an adjudication of guilt. Bell v. Wolfish, 441 U.S. 520, 4 535 (1979). “Pretrial detainees are entitled to ‘adequate food, clothing, shelter, sanitation, 5 medical care, and personal safety.’” Alvarez-Machain v. United States, 107 F.3d 696, 701 6 (9th Cir. 1996) (quoting Hoptowit v. Ray, 682 F.2d 1237, 1246 (9th Cir. 1982)). To state 7 a claim of unconstitutional conditions of confinement against an individual defendant, a 8 pretrial detainee must allege facts that show: 9 (i) the defendant made an intentional decision with respect to the conditions under which the plaintiff was confined; 10 (ii) those conditions put the plaintiff at substantial risk of 11 suffering serious harm; (iii) the defendant did not take reasonable available measures to abate that risk, even though a 12 reasonable official in the circumstances would have 13 appreciated the high degree of risk involved—making the consequences of the defendant’s conduct obvious; and (iv) by 14 not taking such measures, the defendant caused the plaintiff’s 15 injuries. 16 Gordon v. County of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018). 17 Whether the conditions and conduct rise to the level of a constitutional violation is 18 an objective assessment that turns on the facts and circumstances of each particular case. 19 Id.; Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir. 2005). However, “a de minimis 20 level of imposition” is insufficient. Bell, 441 U.S. at 539 n.21. In addition, the “‘mere lack 21 of due care by a state official’ does not deprive an individual of life, liberty, or property 22 under the Fourteenth Amendment.” Castro v. County of Los Angeles, 833 F.3d 1060, 1071 23 (9th Cir. 2016) (quoting Daniels v. Williams, 474 U.S. 327, 330-31 (1986)). Thus, a 24 plaintiff must “prove more than negligence but less than subjective intent—something akin 25 to reckless disregard.” Id. 26 Plaintiff seeks monetary damages, but has failed to state a claim because he has not 27 alleged he suffered any actual injury from Defendants Shepherd and Solberg’s alleged 28 failure to implement policies protecting detainees from exposure to COVID-19 and failure 1 to follow health and safety protocols, or from Defendant Padgett’s failure to put in place 2 safety protocols. Plaintiff does not allege that he tested positive for COVID-19, contracted 3 COVID-19, or suffered any symptoms of COVID-19. See Brown v. Ellis, 1999 WL 4 197222, *2 (7th Cir. 1999) (“Failure to protect from actual physical injury, not failure to 5 protect from the fear of injury, is what violates the Eighth Amendment.”); cf. Farmer v. 6 Brennan, 511 U.S. 825, 845 (1970) (prisoner facing unsafe prison conditions and seeking 7 injunctive relief to “prevent a substantial risk of serious injury from ripening into actual 8 harm” need not wait for an event such as an assault before obtaining relief). Thus, the 9 Court will dismiss without prejudice the First Amended Complaint. 10 V. Leave to Amend 11 Within 30 days, Plaintiff may submit a second amended complaint to cure the 12 deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-approved form 13 to use for filing a second amended complaint. If Plaintiff fails to use the court-approved 14 form, the Court may strike the second amended complaint and dismiss this action without 15 further notice to Plaintiff. 16 Plaintiff must clearly designate on the face of the document that it is the “Second 17 Amended Complaint.” The second amended complaint must be retyped or rewritten in its 18 entirety on the court-approved form and may not incorporate any part of the original 19 Complaint or First Amended Complaint by reference. Plaintiff may include only one claim 20 per count. 21 A second amended complaint supersedes the original Complaint and First Amended 22 Complaint. Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. 23 Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the Court 24 will treat the original Complaint and First Amended Complaint as nonexistent. Ferdik, 25 963 F.2d at 1262. Any cause of action that was raised in the original Complaint or First 26 Amended Complaint and that was voluntarily dismissed or was dismissed without 27 prejudice is waived if it is not alleged in a second amended complaint. Lacey v. Maricopa 28 County, 693 F.3d 896, 928 (9th Cir. 2012) (en banc). 1 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 2 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 3 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 4 do; (4) how the action or inaction of that Defendant is connected to the violation of 5 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 6 that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 7 Plaintiff must repeat this process for each person he names as a Defendant. If 8 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 9 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 10 failure to state a claim. Conclusory allegations that a Defendant or group of 11 Defendants has violated a constitutional right are not acceptable and will be 12 dismissed. 13 VI. Warnings 14 A. Release 15 If Plaintiff is released while this case remains pending, and the filing fee has not 16 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 17 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 18 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 19 result in dismissal of this action. 20 B. Address Changes 21 Plaintiff must file and serve a notice of a change of address in accordance with Rule 22 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 23 relief with a notice of change of address. Failure to comply may result in dismissal of this 24 action. 25 C. Possible “Strike” 26 Because the First Amended Complaint has been dismissed for failure to state a 27 claim, if Plaintiff fails to file a second amended complaint correcting the deficiencies 28 identified in this Order, the dismissal may count as a “strike” under the “3-strikes” 1 provision of 28 U.S.C. § 1915(g). Under the 3-strikes provision, a prisoner may not bring 2 a civil action or appeal a civil judgment in forma pauperis under 28 U.S.C. § 1915 “if the 3 prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, 4 brought an action or appeal in a court of the United States that was dismissed on the 5 grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be 6 granted, unless the prisoner is under imminent danger of serious physical injury.” 28 7 U.S.C. § 1915(g). 8 D. Possible Dismissal 9 If Plaintiff fails to timely comply with every provision of this Order, including these 10 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 11 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 12 the Court). 13 IT IS ORDERED: 14 (1) Plaintiff’s second Application to Proceed In Forma Pauperis (Doc. 8) is 15 granted. 16 (2) As required by the accompanying Order to the appropriate government 17 agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee 18 of $86.00. 19 (3) The First Amended Complaint (Doc. 5) is dismissed for failure to state a 20 claim. Plaintiff has 30 days from the date this Order is filed to file a second amended 21 complaint in compliance with this Order. 22 (4) If Plaintiff fails to file a second amended complaint within 30 days, the Clerk 23 of Court must, without further notice, enter a judgment of dismissal of this action with 24 prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) 25 and deny any pending unrelated motions as moot. 26 . . . . 27 . . . . 28 . . . . 1 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. 3 Dated this 28th day of May, 2021. 4 6 David G. Campbell 7 Senior United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 $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. 6