Hayes v. Shepherd ( 2021 )

1 WO SC 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Raymond Junior Hayes, No. CV 21-00511-PHX-MTL (ESW) 10 Plaintiff, 11 v. ORDER 12 J. Adam Shepherd, et al., 13 Defendants. 14 15 Plaintiff Raymond Junior Hayes, who is confined in the Gila County Jail in Payson, 16 Arizona, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) 17 and an Application to Proceed In Forma Pauperis (Doc. 5). The Court will dismiss the 18 Complaint with leave to amend. 19 I. Application to Proceed In Forma Pauperis and Filing Fee 20 The Court will grant Plaintiff’s Application to Proceed In Forma Pauperis. 28 21 U.S.C. § 1915(a). Plaintiff must pay the statutory filing fee of $350.00. 28 U.S.C. 22 § 1915(b)(1). The Court will not assess an initial partial filing fee. Id. The statutory filing 23 fee will be collected monthly in payments of 20% of the previous month’s income credited 24 to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 28 U.S.C. 25 § 1915(b)(2). The Court will enter a separate Order requiring the appropriate government 26 agency to collect and forward the fees according to the statutory formula. 27 II. Statutory Screening of Prisoner Complaints 28 The Court is required to screen complaints brought by prisoners seeking relief 1 against a governmental entity or an officer or an employee of a governmental entity. 28 2 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 3 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 4 relief may be granted, or that seek monetary relief from a defendant who is immune from 5 such relief. 28 U.S.C. § 1915A(b)(1)–(2). 6 A pleading must contain a “short and plain statement of the claim showing that the 7 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 8 not demand detailed factual allegations, “it demands more than an unadorned, the- 9 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 10 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 11 conclusory statements, do not suffice.” Id. 12 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 13 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 14 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 15 that allows the court to draw the reasonable inference that the defendant is liable for the 16 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 17 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 18 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 19 allegations may be consistent with a constitutional claim, a court must assess whether there 20 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 21 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 22 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 23 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 24 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 25 U.S. 89, 94 (2007) (per curiam)). 26 If the Court determines that a pleading could be cured by the allegation of other 27 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 28 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 1 Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may 2 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 3 III. Complaint 4 In his three-count Complaint, Plaintiff alleges claims for denial of constitutionally 5 adequate medical care and threat to safety. Plaintiff sues Gila County Sheriff J. Adam 6 Shepherd, Deputy Major Justin Solberg, and Healthcare Coordinator Penni Padgett. 7 Plaintiff seeks compensatory relief. 8 In Count I, Plaintiff alleges that since January 16, 2021, while Plaintiff was a 9 pretrial detainee, Defendants were responsible for protecting him from exposure to 10 COVID-19. Plaintiff alleges that Defendants failed to protect him or to follow COVID-19 11 guidelines. He alleges neither staff nor detainees were tested when they entered the Jail 12 and Defendants failed to provide personal protective equipment (PPE). He alleges “we” 13 were denied many times. He also alleges that he was never quarantined and even those 14 quarantined were only quarantined for seven days. Further, he alleges big fans circulated 15 air throughout the Jail and staff were allowed to go from wing to wing, potentially exposing 16 the uninfected to COVID-19. As his injury, Plaintiff alleges that he contracted COVID-19 17 twice, lost his senses of taste and smell, and has a hard time taking deep breaths. 18 In Count II, Plaintiff alleges that Defendants failed to enforce requirements that 19 masks be worn when a detainee left his housing unit to go to court, recreation, or legal 20 visits—namely, anywhere where a detainee could come into contact with new arrivals at 21 the Jail and/or COVID-19 positive persons. Plaintiff claims he was exposed to infected 22 new arrivals without being tested or quarantined, and PPE was not provided to him. He 23 alleges that a positive COVID-19 detainee, Raymond Hayes, i.e., himself, was housed with 24 him and infected everyone “including myself.”1 Plaintiff alleges that Defendants ignored 25 complaints from detainees concerning their symptoms and failed to quarantine infected 26 27 28 1 Although unclear, apparently Plaintiff copied someone else’s complaint without modifying the allegations referring to himself. 1 detainees, officers, and kitchen staff.2 He also claims that no one was “ever” tested or 2 quarantined, contrary to other allegations in the Complaint. He alleges kitchen staff with 3 COVID-19 were allowed to handle uncovered food trays, which were transported through 4 areas where detainees had COVID-19, before being delivered to uninfected detainees. As 5 his injury, Plaintiff alleges mental anguish, the loss of smell and taste, and difficulty taking 6 deep breaths. 7 In Count III, Plaintiff alleges that he tested positive for COVID-19 in late January 8 and he was placed in a cell and wing with other COVID-19 positive detainees. He claims 9 that he was never retested to see if he tested negative. Plaintiff was later placed with 10 detainees, some of whom had COVID-19. Within days, all the detainees had the virus. 11 Plaintiff still cannot taste or smell, lacks energy, and suffers from shortness of breath. 12 Despite his continuing loss of smell and taste and shortness of breath, he has not been 13 retested. As his injury, he alleges the loss of taste and smell and breathing difficulties. 14 IV. Failure to State a Claim 15 To prevail in a § 1983 claim, a plaintiff must show that (1) acts by the defendants 16 (2) under color of state law (3) deprived him of federal rights, privileges or immunities and 17 (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th Cir. 18 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d 1278, 19 1284 (9th Cir. 1994)). In addition, a plaintiff must allege that he suffered a specific injury 20 as a result of the conduct of a particular defendant and he must allege an affirmative link 21 between the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371- 22 72, 377 (1976). 23 A. Threat to Safety 24 A pretrial detainee has a right under the Due Process Clause of the Fourteenth 25 Amendment to be free from punishment prior to an adjudication of guilt. Bell v. Wolfish, 26 441 U.S. 520, 535 (1979). “Pretrial detainees are entitled to ‘adequate food, clothing, 27 28 2 This allegation contradicts his allegations that he was tested in January 2021 for COVID-19 and that infected detainees were quarantined, albeit for only seven days. 1 shelter, sanitation, medical care, and personal safety.’” Alvarez-Machain v. United States, 2 107 F.3d 696, 701 (9th Cir. 1996) (quoting Hoptowit v. Ray, 682 F.2d 1237, 1246 (9th Cir. 3 1982)). To state a claim of unconstitutional conditions of confinement, including a threat 4 to safety, against an individual defendant, a pretrial detainee must allege facts that if proven 5 show: 6 (i) the defendant made an intentional decision with respect to the conditions under which the plaintiff was confined; (ii) those conditions put the plaintiff 7 at substantial risk of suffering serious harm; (iii) the defendant did not take 8 reasonable available measures to abate that risk, even though a reasonable official in the circumstances would have appreciated the high degree of risk 9 involved—making the consequences of the defendant’s conduct obvious; 10 and (iv) by not taking such measures, the defendant caused the plaintiff’s injuries. 11 12 Gordon v. County of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018). 13 Whether the conditions and conduct rise to the level of a constitutional violation is 14 an objective assessment that turns on the facts and circumstances of each particular case. 15 Id.; Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir. 2005). However, “a de minimis 16 level of imposition” is insufficient. Bell, 441 U.S. at 539 n.21. In addition, the “‘mere lack 17 of due care by a state official’ does not deprive an individual of life, liberty, or property 18 under the Fourteenth Amendment.” Castro v. County of Los Angeles, 833 F.3d 1060, 1071 19 (9th Cir. 2016) (quoting Daniels v. Williams, 474 U.S. 327, 330-31 (1986)). Thus, a 20 plaintiff must “prove more than negligence but less than subjective intent—something akin 21 to reckless disregard.” Id. 22 Plaintiff does not allege that he has any medical condition that posed a substantial 23 threat to his health if he contracted COVID-19, or that any of the Defendants knew or 24 should have known that he had such a condition. Indeed, Plaintiff does not make any 25 specific allegations against any named Defendant. Even if he had, Plaintiff fails to allege 26 facts to support when and how any Defendant disregarded a substantial risk of serious harm 27 to Plaintiff if he contracted COVID-19. Plaintiff’s conclusory allegations that Defendants 28 failed to test for COVID-19 until January 2021, absent more, are insufficient to support a 1 conclusion that any Defendant was aware of and disregarded a particular risk to Plaintiff. 2 Plaintiff also fails to allege when or from whom he requested PPE, and the reason, if any, 3 given for the refusal. Absent additional facts to support that any Defendant acted with 4 reckless disregard to Plaintiff’s health, Plaintiff fails to state a claim for threat to safety in 5 his Complaint, and such claim will be dismissed. 6 B. Medical Care 7 Plaintiff also alleges that he was denied constitutionally adequate medical care. The 8 Ninth Circuit Court of Appeals has held that “claims for violations of the right to adequate 9 medical care ‘brought by pretrial detainees against individual defendants under the 10 Fourteenth Amendment’ must be evaluated under an objective deliberate indifference 11 standard.” Gordon, 888 F.3d at 1124-25 (quoting Castro, 833 F.3d at 1070). The standard 12 quoted above applies to medical care claims of a pretrial detainee. “With respect to the 13 third element, the defendant’s conduct must be objectively unreasonable, a test that will 14 necessarily ‘turn[] on the facts and circumstances of each particular case.’” Castro, 833 15 F.3d at 1071 (quoting Kingsley v. Hendrickson, 576 U.S. 389, 397 (2015); Graham v. 16 Connor, 490 U.S. 386, 396 (1989)). A mere delay in medical care, without more, is 17 insufficient to state a claim against jail officials for deliberate indifference. See Shapley v. 18 Nev. Bd. of State Prison Comm’rs, 766 F.2d 404, 407 (9th Cir. 1985). 19 Plaintiff’s medical care claims are based upon the same facts as his threat to safety 20 claim, i.e., that Defendants failed to prevent him from contracting COVID-19. Plaintiff 21 does not allege facts to support that anyone failed to provide medical care after he tested 22 positive for COVID-19. He does not describe when he began suffering symptoms, what 23 the symptoms were and their severity, or when and from whom he sought medical care for 24 his symptoms. Accordingly, Plaintiff fails to state a claim for denial of constitutionally 25 adequate medical care and these claims will be dismissed. 26 V. Leave to Amend 27 For the foregoing reasons, Plaintiff’s Complaint will be dismissed for failure to state 28 a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a first 1 amended complaint to cure the deficiencies outlined above. The Clerk of Court will mail 2 Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff fails 3 to use the court-approved form, the Court may strike the amended complaint and dismiss 4 this action without further notice to Plaintiff. 5 Plaintiff must clearly designate on the face of the document that it is the “First 6 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 7 entirety on the court-approved form and may not incorporate any part of the original 8 Complaint by reference. Plaintiff may include only one claim per count. 9 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 10 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 11 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 12 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 13 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 14 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 15 F.3d 896, 928 (9th Cir. 2012) (en banc). 16 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 17 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 18 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 19 do; (4) how the action or inaction of that Defendant is connected to the violation of 20 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 21 that Defendant’s conduct. See Rizzo, 423 U.S. at 371-72, 377. 22 Plaintiff must repeat this process for each person he names as a Defendant. If 23 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 24 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 25 failure to state a claim. Conclusory allegations that a Defendant or group of 26 Defendants has violated a constitutional right are not acceptable and will be 27 dismissed. 28 . . . . 1 VI. Warnings 2 A. Release 3 If Plaintiff is released while this case remains pending, and the filing fee has not 4 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 5 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 6 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 7 result in dismissal of this action. 8 B. Address Changes 9 Plaintiff must file and serve a notice of a change of address in accordance with Rule 10 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 11 relief with a notice of change of address. Failure to comply may result in dismissal of this 12 action. 13 C. Possible “Strike” 14 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 15 fails to file an amended complaint correcting the deficiencies identified in this Order, the 16 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 17 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 18 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 19 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 20 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 21 or fails to state a claim upon which relief may be granted, unless the prisoner is under 22 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 23 D. Possible Dismissal 24 If Plaintiff fails to timely comply with every provision of this Order, including these 25 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 26 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 27 the Court). 28 . . . . ITIS ORDERED: 2 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 5) is granted. 3 (2) As required by the accompanying Order to the appropriate government 4) agency, Plaintiff must pay the $350.00 filing fee and is not assessed an initial partial filing 5 | fee. 6 (3) |The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 7 | has 30 days from the date this Order is filed to file a first amended complaint in compliance 8 | with this Order. 9 (4) — If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 10 | Court must, without further notice, enter a judgment of dismissal of this action with 11 | prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) and deny any pending unrelated motions as moot. 13 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a 14 civil rights complaint by a prisoner. 15 Dated this 28th day of June, 2021. 16 Michal T. diburde Michael T. Liburdi 19 United States District Judge 20 21 22 23 24 25 26 27 28 tc 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