Williams v. Hartsell ( 2023 )

1 KM 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Timothy Huntley Williams, No. CV 23-00630-PHX-JAT (ESW) 10 Plaintiff, 11 v. ORDER 12 Roger Hartsell, et al., 13 Defendants. 14 15 Plaintiff Timothy Huntley Williams, who is confined in a Maricopa County Jail, has 16 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. 2). The Court will dismiss the Complaint 18 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 assess an initial partial filing fee of $6.00. The remainder of 23 the fee will be collected monthly in payments of 20% of the previous month’s income 24 credited to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 25 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate 26 government agency to collect and forward the fees according to the statutory formula. 27 . . . . 28 . . . . 1 II. Statutory Screening of Prisoner Complaints 2 The Court is required to screen complaints brought by prisoners seeking relief 3 against a governmental entity or an officer or an employee of a governmental entity. 28 4 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 5 has raised claims that are legally frivolous or malicious, that fail to state a claim upon which 6 relief may be granted, or that seek monetary relief from a defendant who is immune from 7 such relief. 28 U.S.C. § 1915A(b)(1)–(2). 8 A pleading must contain a “short and plain statement of the claim showing that the 9 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 10 not demand detailed factual allegations, “it demands more than an unadorned, the- 11 defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 12 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere 13 conclusory statements, do not suffice.” Id. 14 “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a 15 claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly, 16 550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual content 17 that allows the court to draw the reasonable inference that the defendant is liable for the 18 misconduct alleged.” Id. “Determining whether a complaint states a plausible claim for 19 relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial 20 experience and common sense.” Id. at 679. Thus, although a plaintiff’s specific factual 21 allegations may be consistent with a constitutional claim, a court must assess whether there 22 are other “more likely explanations” for a defendant’s conduct. Id. at 681. 23 But as the United States Court of Appeals for the Ninth Circuit has instructed, courts 24 must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338, 342 25 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less stringent 26 standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v. Pardus, 551 27 U.S. 89, 94 (2007) (per curiam)). 28 . . . . 1 If the Court determines that a pleading could be cured by the allegation of other 2 facts, a pro se litigant is entitled to an opportunity to amend a complaint before dismissal 3 of the action. See Lopez v. Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc). 4 Plaintiff’s Complaint will be dismissed for failure to state a claim, but because it may 5 possibly be amended to state a claim, the Court will dismiss it with leave to amend. 6 III. Complaint 7 Plaintiff names the following Defendants in his eight-count Complaint: Maricopa 8 County Court Commissioner Roger Hartsell, Public Defender Jay Rock, Mesa Police 9 Officer Spires, the Maricopa County Superior Court, the Mesa Police Department, 10 Maricopa County, and the “Adult Probation Department.” Plaintiff seeks money damages. 11 In Count One, Plaintiff alleges Defendant Hartsell violated his Fourteenth 12 Amendment rights when he “intentionally filed paperwork wrong, in order to hide 13 wrongdoing, 11-08-22 CR 2020-107383.” 14 In Count Two, Plaintiff claims Defendant Rock violated his Fourteenth Amendment 15 rights when he “intentionally had paperwork[] filed using [Plaintiff’s] signature without 16 a[u]thorization on probation paperwork.” 17 In Count Three, Plaintiff alleges Defendant Spires violated his Fourth Amendment 18 rights when, on October 31, 2022, he searched Plaintiff without probable cause. In Count 19 Four, Plaintiff alleges Defendant Spires arrested him without probable cause, in violation 20 of the Fourteenth Amendment. 21 In Count Five, Plaintiff alleges his Fourteenth Amendment rights were violated 22 when the Maricopa County Superior Court failed to provide him due process by 23 “intentionally filing paperwork with [Plaintiff’s] signature, without [his] authorization.” 24 In Count Six, Plaintiff alleges his Fourth Amendment rights were violated when 25 “Mesa Police searched and arrested [him] without probable cause.” 26 In Count Seven, Plaintiff claims his Fourteenth Amendment rights were violated 27 when he was held in the Maricopa County Jail from October 31 to November 8, 2022, “for 28 no reason.” 1 IV. Failure to State a Claim 2 A. Defendant Hartsell 3 Judges are absolutely immune from § 1983 suits for damages for their judicial acts 4 except when they are taken ‘in the clear absence of all jurisdiction.” Stump v. Sparkman, 5 435 U.S. 349, 356-357 (1978); Ashelman v. Pope, 793 F.2d 1072, 1075 (9th Cir. 1986). 6 An act is ‘judicial” when it is a function normally performed by a judge and the parties 7 dealt with the judge in his or her judicial capacity. Stump, 435 U.S. at 362; Crooks v. 8 Maynard, 913 F.2d 699, 700 (9th Cir. 1990). This immunity attaches even if the judge is 9 accused of acting maliciously and corruptly, Peirson v. Ray, 386 U.S. 547, 553-54 (1967), 10 or of making grave errors of law or procedure, Schucker v. Rockwood, 846 F.2d 1202, 1204 11 (9th Cir. 1988). Regardless of the judge’s status in the judicial hierarchy, a judge has 12 absolute immunity for acts performed in the judge’s official capacity. See Tanner v. Heise, 13 879 F.2d 572, 577-78 (9th Cir. 1989) (magistrate); Brewer v. Blackwell, 692 F.2d 387, 396 14 (11th Cir. 1982) (justice of the peace); O’Neill v. City of Lake Oswego, 642 F.2d 367 (9th 15 Cir. 1981) (pro tem municipal judge). 16 Plaintiff sues Defendant Hartsell for his actions in conducting Plaintiff’s criminal 17 proceedings. Defendant Hartsell is absolutely immune from suit for those acts. Therefore, 18 the Court will dismiss him. 19 B. Defendant Rock 20 A prerequisite for any relief under § 1983 is a showing that the defendant has acted 21 under the color of state law. Whether an attorney representing a criminal defendant is a 22 public defender or court-appointed counsel, he or she does not act under color of state law. 23 See Polk County v. Dodson, 454 U.S. 312, 317-18 (1981). Accordingly, Plaintiff’s claim 24 against Defendant Rock cannot be brought under § 1983, and the Court will dismiss 25 Defendant Rock. 26 . . . . 27 . . . . 28 . . . . 1 C. Defendant Spires 2 Plaintiff alleges Defendants Spires searched and arrested him without probable 3 cause. As explained below, Plaintiff has failed to state a claim against Defendant Spires, 4 and the Court will dismiss without prejudice Defendant Spires. 5 1. Search 6 “The Fourth Amendment prohibits ‘unreasonable searches and seizures’ by the 7 Government, and its protections extend to brief investigatory stops of persons or vehicles 8 that fall short of traditional arrest.” United States v. Arvizu, 534 U.S. 266, 273 (2002). In 9 such cases, the Fourth Amendment is satisfied if the officer’s action is supported by 10 reasonable suspicion, not probable cause. Id. “While reasonable suspicion requires 11 ‘considerably less than proof of wrongdoing by a preponderance of the evidence,’ an 12 officer must be able to articulate facts creating grounds to suspect that criminal activity 13 ‘may be afoot.’” Ramirez v. City of Buena Park, 560 F.3d 1012, 1020 (9th Cir. 2009) 14 (quoting United States v. Sokolow, 490 U.S. 1, 7 (1989)). 15 Plaintiff provides no details about the alleged illegal search or the circumstances 16 surrounding the search that would show the search was unreasonable. He therefore fails to 17 state a Fourth Amendment claim for an illegal search. 18 2. Arrest 19 To state a § 1983 claim for false arrest, Plaintiff must show that Defendant made 20 the arrest without probable cause or other justification. Gravelet-Blondin v. Shelton, 728 21 F.3d 1086, 1097 (9th Cir. 2013). “‘Probable cause exists if the arresting officers ‘had 22 knowledge and reasonably trustworthy information of facts and circumstances sufficient 23 to lead a prudent person to believe that [the arrestee] had committed or was committing a 24 crime.’” Id. at 1097-98 (quoting Maxwell v. County of San Diego, 697 F.3d 941, 951 (9th 25 Cir. 2012)); see also Edgerly v. City & County of S.F., 599 F.3d 946, 953 (9th Cir. 2010) 26 (“To determine whether the Officers had probable cause at the time of the arrest, we 27 consider ‘whether at that moment the facts and circumstances within [the Officers’] 28 knowledge . . . were sufficient to warrant a prudent man in believing that the petitioner had 1 committed or was committing an offense.’” (quoting Beck v. Ohio, 379 U.S. 89, 91 2 (1964))). “[P]robable cause supports an arrest so long as the arresting officers had probable 3 cause to arrest the suspect for any criminal offense, regardless of their stated reason for the 4 arrest.” Edgerly, 599 F.3d at 954 (emphasis added). “If an officer has probable cause to 5 believe that an individual has committed even a very minor criminal offense in his 6 presence, he may, without violating the Fourth Amendment, arrest the offender.” Atwater 7 v. City of Lago Vista, 532 U.S. 318, 354 (2001). 8 Plaintiff provides no details about his allegedly illegal arrest such as the crime for 9 which he was arrested or the circumstances surrounding his arrest, nor does he allege facts 10 showing why Defendant Spires lacked probable cause to arrest him. Plaintiff therefore 11 fails to state a claim for false arrest. 12 D. Maricopa County Superior Court 13 The proper name of the “Maricopa County Superior” is the “Superior Court of the 14 State of Arizona in and for the County of Maricopa,” and it is a state court. See Massengill 15 v. Super. Ct. in and for Maricopa County, 416 P.2d 1009, 1012 (Ariz. Ct. App. 1966) 16 (citing Ariz. Const. art. 6, § 1); see also Ariz. Const. art. 6, § 13 (the superior courts 17 “constitute a single court”). Under the Eleventh Amendment to the Constitution of the 18 United States, a state or state agency may not be sued in federal court without its consent. 19 Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984); Taylor v. List, 880 20 F.2d 1040, 1045 (9th Cir. 1989). Furthermore, “a state is not a ‘person’ for purposes of 21 section 1983. Likewise ‘arms of the State’ . . . are not ‘persons’ under section 1983.” 22 Gilbreath v. Cutter Biological, Inc., 931 F.2d 1320, 1327 (9th Cir. 1991) (citation omitted). 23 State superior courts are “arms of the State” for Eleventh Amendment purposes. See Lucas 24 v. Ariz. Sup. Ct. Fiduciary Certification Program, 457 F App’x 689, 690 (9th Cir. 2011) 25 (“The Arizona Supreme Court . . . is an ‘arm of the state’ for Eleventh Amendment 26 purposes.”); Greater L.A. Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir. 27 1987) (“[A] suit against the Superior Court is a suit against the State, barred by the eleventh 28 amendment.”). Thus, the Court will dismiss Defendant Maricopa County Superior Court. 1 E. Mesa Police Department 2 Defendant Mesa Police Department is a subpart of the City of Mesa, not a separate 3 entity for purposes of suit. Gotbaum v. City of Phx., 617 F. Supp. 2d 878, 886 (D. Ariz. 4 2008); see Braillard v. Maricopa County, 232 P.3d 1263, 1269 (Ariz. Ct. App. 2010) 5 (county sheriff’s office is a nonjural entity); see also Vicente v. City of Prescott, 2012 WL 6 1438695, at *3 (D. Ariz. 2012) (city fire department is a nonjural entity); Wilson v. Yavapai 7 County Sheriff’s Office, 2012 WL 1067959, at *4 (D. Ariz. 2012) (county sheriff’s office 8 and county attorney’s office are nonjural entities). Because Defendant Mesa Police 9 Department is not a separate entity, it is not capable of being separately sued. Thus, the 10 Court will dismiss Defendant Mesa Police Department. 11 Moreover, even if Plaintiff had sued the City of Mesa, his allegations do not support 12 a claim. A municipality may not be sued solely because an injury was inflicted by its 13 employees or agents. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006). 14 The actions of individuals may support municipal liability only if the employees were 15 acting pursuant to an official policy or custom of the municipality. Botello v. Gammick, 16 413 F.3d 971, 978-79 (9th Cir. 2005). A § 1983 claim against a municipal defendant 17 “cannot succeed as a matter of law” unless a plaintiff: (1) contends that the municipal 18 defendant maintains a policy or custom pertinent to the plaintiff’s alleged injury; and 19 (2) explains how such policy or custom caused the plaintiff’s injury. Sadoski v. Mosley, 20 435 F.3d 1076, 1080 (9th Cir. 2006) (affirming dismissal of a municipal defendant pursuant 21 to Fed. R. Civ. P. 12(b)(6)). Plaintiff has failed to allege facts to support that the City of 22 Mesa maintained a specific policy or custom that resulted in a violation of Plaintiff’s 23 federal constitutional rights and has failed to explain how his injuries were caused by any 24 municipal policy or custom. 25 F. Maricopa County and Adult Probation Office 26 Plaintiff does not allege Defendant Maricopa County maintained a policy or custom 27 that resulted in injury to him or a violation of his constitutional rights. See Sadoski, 435 28 F.3d at 1080. Plaintiff therefore fails to state a claim against Defendant Maricopa County. 1 Moreover, the Maricopa County Adult Probation Office is not a proper defendant because 2 it is simply an administrative division of Maricopa County and not a separate entity for 3 purposes of suit. See Wilson, 2012 WL 1067959, at *4 (D. Ariz. 2012) (county sheriff’s 4 office and county attorney’s office are nonjural entities). Plaintiff therefore fails to state a 5 claim against these Defendants. 6 V. Leave to Amend 7 For the foregoing reasons, the Court will dismiss Plaintiff’s Complaint for failure to 8 state a claim upon which relief may be granted. Within 30 days, Plaintiff may submit a 9 first amended complaint to cure the deficiencies outlined above. The Clerk of Court will 10 mail Plaintiff a court-approved form to use for filing a first amended complaint. If Plaintiff 11 fails to use the court-approved form, the Court may strike the amended complaint and 12 dismiss this action without further notice to Plaintiff. 13 Plaintiff must clearly designate on the face of the document that it is the “First 14 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 15 entirety on the court-approved form and may not incorporate any part of the original 16 Complaint by reference. Plaintiff may include only one claim per count. 17 If Plaintiff files an amended complaint, Plaintiff must write short, plain statements 18 telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name 19 of the Defendant who violated the right; (3) exactly what that Defendant did or failed to 20 do; (4) how the action or inaction of that Defendant is connected to the violation of 21 Plaintiff’s constitutional right; and (5) what specific injury Plaintiff suffered because of 22 that Defendant’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). 23 Plaintiff must repeat this process for each person he names as a Defendant. If 24 Plaintiff fails to affirmatively link the conduct of each named Defendant with the specific 25 injury suffered by Plaintiff, the allegations against that Defendant will be dismissed for 26 failure to state a claim. Conclusory allegations that a Defendant or group of 27 Defendants has violated a constitutional right are not acceptable and will be 28 dismissed. 1 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 2 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 3 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 4 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 5 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 6 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 7 F.3d 896, 928 (9th Cir. 2012) (en banc). 8 VI. Warnings 9 A. Release 10 If Plaintiff is released while this case remains pending, and the filing fee has not 11 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 12 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 13 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 14 result in dismissal of this action. 15 B. Address Changes 16 Plaintiff must file and serve a notice of a change of address in accordance with Rule 17 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 18 relief with a notice of change of address. Failure to comply may result in dismissal of this 19 action. 20 C. Possible “Strike” 21 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 22 fails to file an amended complaint correcting the deficiencies identified in this Order, the 23 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 24 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 25 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 26 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 27 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 28 1| or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 3 D. Possible Dismissal 4 If Plaintiff fails to timely comply with every provision of this Order, including these 5 | warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 6| at 1260-61 (a district court may dismiss an action for failure to comply with any order of the Court). 8| ITIS ORDERED: 9 (1) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. 10 (2) As required by the accompanying Order to the appropriate government 11 | agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee 12| of $6.00. 13 (3) |The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 14 has 30 days from the date this Order is filed to file a first amended complaint in compliance 15 | with this Order. 16 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with 18 | prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) 19 | and deny any pending unrelated motions as moot. 20 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a 21 civil rights complaint by a prisoner. 22 Dated this 10th day of May, 2023. 23 24 a 3 25 6 James A. Teil Org Senior United States District Judge 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