Salinas 155634 v. Thornell ( 2023 )

1 MDR 2 WO 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Martin Salinas, No. CV-23-02422-PHX-JAT (ASB) 10 Plaintiff, 11 v. ORDER 12 Ryan F. Thornell, et al., 13 Defendants. 14 15 Pro se Plaintiff Martin Salinas, who is confined in the Arizona State Prison 16 Complex-Yuma, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. 1) and 17 an Application to Proceed In Forma Pauperis (Doc. 2). The Court will grant the 18 Application to Proceed and will dismiss the 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 assess an initial partial filing fee of $38.66. The remainder 23 of the fee will be collected monthly in payments of 20% of the previous month’s income 24 credited to Plaintiff’s trust account each time the amount in the account exceeds $10.00. 25 28 U.S.C. § 1915(b)(2). The Court will enter a separate Order requiring the appropriate 26 government agency to collect and forward the fees according to the statutory formula. 27 . . . . 28 . . . . 1 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 In his two-count Complaint, Plaintiff names as Defendants Arizona Department of 8 Corrections, Rehabilitation & Reentry (ADC) Director Ryan F. Thornell; Deputy Warden 9 A. Camacho; Disciplinary Officer/Captain R. McConan; and Disciplinary 10 Coordinator/Correctional Officer III E. Barragan. In his Request for Relief, Plaintiff seeks 11 the dismissal of a disciplinary action. 12 In Count One, Plaintiff alleges a violation of the Fourteenth Amendment regarding 13 disciplinary proceedings. He claims Defendant Barragan served him with a disciplinary 14 report that was incomplete because it did not include the date and specific location of the 15 alleged violation or a detailed description of the events, in violation of an ADC Department 16 Orders and procedures. Plaintiff asserts that when he informed Defendant Barragan of 17 these issues, Defendant Barragan took out his pen to write the date on the typed disciplinary 18 report, which violated an ADC Department Order and Plaintiff’s rights to due process and 19 a “fair hearing or defen[s]e.” 20 Plaintiff alleges Defendant McConan disregarded “the violation of the written 21 disciplinary report” and stated she could not dismiss the disciplinary charge. He claims 22 this violated his right to “a fair dismissal.” Plaintiff asserts Defendant Camacho was 23 advised of the “disciplinary violations” and, although she has the authority to correct staff 24 violations, violated Plaintiff’s “right to fairness of Department Orders and procedures,” 25 denied Plaintiff’s request for relief, and directed Plaintiff to use the appeals process. 26 In Count Two, Plaintiff alleges he was subjected to retaliation, in violation of the 27 Fourteenth Amendment. He contends his “past disciplinary history of assaultive behavior 28 against staff has [him] constantly facing a real disadvantage with being able to have a fair 1 hearing with any disciplinary hearings.” Plaintiff asserts Defendant Barragan’s conduct, 2 as discussed in Count One, “clearly disregarded Department Orders in the pursuit of 3 retaliation,” violated Plaintiff’s rights, and demonstrated “clear disregard” for Department 4 Orders. He claims he continues to witness other inmates getting their disciplinary reports 5 dismissed, but he “continue[s] to face a disadvantage due to retaliation.” Plaintiff alleges 6 the “constant disregard of Department Orders and procedures” violates his due process 7 rights. He also asserts that he “did the grievance procedure and appeal to the highest level 8 but was denied relief on the appeal” and that Defendant Thornell ignored his grievance. 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 A. Count One 16 In analyzing a due process claim, the Court must first decide whether Plaintiff was 17 entitled to any process, and if so, whether he was denied any constitutionally required 18 procedural safeguard. Liberty interests that entitle an inmate to due process are “generally 19 limited to freedom from restraint which, while not exceeding the sentence in such an 20 unexpected manner as to give rise to protection by the Due Process Clause of its own force, 21 nonetheless imposes atypical and significant hardship on the inmate in relation to the 22 ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 (1995) (internal 23 citations omitted). 24 To determine whether an inmate is entitled to the procedural protections afforded 25 by the Due Process Clause, the Court must look to the restrictions imposed and ask whether 26 they “‘present the type of atypical, significant deprivation in which a state might 27 conceivably create a liberty interest.’” Mujahid v. Meyer, 59 F.3d 931, 932 (9th Cir. 1995) 28 (quoting Sandin, 515 U.S. at 486). To determine whether the sanctions are atypical and a 1 significant hardship, courts look to prisoner’s conditions of confinement, the duration of 2 the sanction, and whether the sanction will affect the duration of the prisoner’s sentence. 3 See Keenan v. Hall, 83 F.3d 1083, 1088-89 (9th Cir. 1996). 4 Plaintiff has not identified what restrictions, if any, were imposed as a result of the 5 disciplinary proceeding. Thus, the Court cannot determine whether those restrictions 6 imposed atypical and significant hardships such that Plaintiff would be entitled to any due 7 process protections. Thus, the Court will dismiss Count One. 8 B. Count Two 9 A viable claim of First Amendment retaliation contains five basic elements: (1) an 10 assertion that a state actor took some adverse action against an inmate (2) because of 11 (3) that prisoner’s protected conduct, and that such action (4) chilled the inmate’s exercise 12 of his First Amendment rights (or that the inmate suffered more than minimal harm) and 13 (5) did not reasonably advance a legitimate correctional goal. Rhodes v. Robinson, 408 14 F.3d 559, 567-68 (9th Cir. 2005); see also Hines v. Gomez, 108 F.3d 265, 267 (9th Cir. 15 1997) (retaliation claim requires an inmate to show (1) that the prison official acted in 16 retaliation for the exercise of a constitutionally protected right, and (2) that the action 17 “advanced no legitimate penological interest”). The plaintiff has the burden of 18 demonstrating that his exercise of his First Amendment rights was a substantial or 19 motivating factor behind the defendants’ conduct. Mt. Healthy City Sch. Dist. Bd. of Educ. 20 v. Doyle, 429 U.S. 274, 287 (1977); Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 21 (9th Cir. 1989). 22 Plaintiff does not allege he was retaliated against for engaging in protected conduct; 23 rather, he alleges he is being retaliated against for his history of assaulting prison staff. He 24 has, therefore, failed to state a First Amendment retaliation claim. 25 To the extent Plaintiff is attempting to assert an equal protection claim, he has failed 26 to state a claim. The Equal Protection Clause requires that persons who are similarly 27 situated be treated alike. City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 28 439 (1985). An equal protection claim may be established by showing that the defendant 1 intentionally discriminated against the plaintiff based on the plaintiff’s membership in a 2 protected class, Serrano v. Francis, 345 F.3d 1071, 1082 (9th Cir. 2003), or that similarly 3 situated individuals were intentionally treated differently without a rational basis for the 4 difference in treatment, Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000) (per 5 curiam). Plaintiff does not allege that he is a member of a protected class or that similarly 6 situated individuals were intentionally treated differently without a rational basis for the 7 difference in treatment. Thus, the Court will dismiss without prejudice Plaintiff’s equal 8 protection claim. 9 V. Leave to Amend 10 Within 30 days, Plaintiff may submit a first amended complaint to cure the 11 deficiencies outlined above. The Clerk of Court will mail Plaintiff a court-approved form 12 to use for filing a first amended complaint. If Plaintiff fails to use the court-approved form, 13 the Court may strike the amended complaint and dismiss this action without further notice 14 to Plaintiff. 15 Plaintiff must clearly designate on the face of the document that it is the “First 16 Amended Complaint.” The first amended complaint must be retyped or rewritten in its 17 entirety on the court-approved form and may not incorporate any part of the original 18 Complaint by reference. Plaintiff may include only one claim per count. 19 A first amended complaint supersedes the original Complaint. Ferdik v. Bonzelet, 20 963 F.2d 1258, 1262 (9th Cir. 1992); Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 21 1542, 1546 (9th Cir. 1990). After amendment, the Court will treat the original Complaint 22 as nonexistent. Ferdik, 963 F.2d at 1262. Any cause of action that was raised in the 23 original Complaint and that was voluntarily dismissed or was dismissed without prejudice 24 is waived if it is not alleged in a first amended complaint. Lacey v. Maricopa County, 693 25 F.3d 896, 928 (9th Cir. 2012) (en banc). 26 Plaintiff should be aware that the mere violation of a prison policy does not amount 27 to a constitutional violation. See Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009). 28 Moreover, “[p]rison disciplinary proceedings are not part of a criminal prosecution, and 1 the full panoply of rights due a defendant in such proceedings does not apply.” Wolff v. 2 McDonnell, 418 U.S. 539, 556 (1974). If a prisoner is entitled to procedural due process 3 in disciplinary proceedings, due process only requires that the inmate receive: (1) written 4 notice of the charges, no less than twenty-four hours prior to the hearing; (2) a written 5 statement by the factfinders as to the evidence relied on and reasons for the disciplinary 6 action and (3) a limited right to call witnesses and present documentary evidence when it 7 would not be unduly hazardous to institutional safety or correctional goals to allow the 8 defendant to do so. Wolff, 418 U.S. at 564-66. 9 Plaintiff should take note that “a state prisoner seeking injunctive relief against the 10 denial or revocation of good-time credits must proceed in habeas corpus, and not under 11 § 1983.” Nonnette v. Small, 316 F.3d 872, 875 (9th Cir. 2002). In addition, if a judgment 12 for Plaintiff regarding the denial of due process in a prison disciplinary proceeding would 13 invalidate or imply the invalidity of the deprivation of good-time credits, the claim is barred 14 under Heck v. Humphrey, 512 U.S. 477 (1994), unless Plaintiff can show that the 15 disciplinary conviction has been previously invalidated. See Edwards v. Balisok, 520 U.S. 16 641, 646-48 (1997); Heck, 512 U.S. at 486-87; Nonnette, 316 F.3d at 875. See also 17 Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005) (“[A] state prisoner’s § 1983 action is 18 barred (absent prior invalidation)–no matter the relief sought (damages or equitable relief), 19 no matter the target of the prisoner’s suit (state conduct leading to conviction or internal 20 prison proceedings)–if success in that action would necessarily demonstrate the invalidity 21 of confinement or its duration.”). 22 VI. Warnings 23 A. Release 24 If Plaintiff is released while this case remains pending, and the filing fee has not 25 been paid in full, Plaintiff must, within 30 days of his release, either (1) notify the Court 26 that he intends to pay the unpaid balance of his filing fee within 120 days of his release or 27 (2) file a non-prisoner application to proceed in forma pauperis. Failure to comply may 28 result in dismissal of this action. 1 B. Address Changes 2 Plaintiff must file and serve a notice of a change of address in accordance with Rule 3 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other 4 relief with a notice of change of address. Failure to comply may result in dismissal of this 5 action. 6 C. Possible “Strike” 7 Because the Complaint has been dismissed for failure to state a claim, if Plaintiff 8 fails to file an amended complaint correcting the deficiencies identified in this Order, the 9 dismissal may count as a “strike” under the “3-strikes” provision of 28 U.S.C. § 1915(g). 10 Under the 3-strikes provision, a prisoner may not bring a civil action or appeal a civil 11 judgment in forma pauperis under 28 U.S.C. § 1915 “if the prisoner has, on 3 or more prior 12 occasions, while incarcerated or detained in any facility, brought an action or appeal in a 13 court of the United States that was dismissed on the grounds that it is frivolous, malicious, 14 or fails to state a claim upon which relief may be granted, unless the prisoner is under 15 imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). 16 D. Possible Dismissal 17 If Plaintiff fails to timely comply with every provision of this Order, including these 18 warnings, the Court may dismiss this action without further notice. See Ferdik, 963 F.2d 19 at 1260-61 (a district court may dismiss an action for failure to comply with any order of 20 the Court). 21 IT IS ORDERED: 22 (1) Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is granted. 23 (2) As required by the accompanying Order to the appropriate government 24 agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee 25 of $38.66. 26 (3) The Complaint (Doc. 1) is dismissed for failure to state a claim. Plaintiff 27 has 30 days from the date this Order is filed to file a first amended complaint in compliance 28 with this Order. 1 (4) If Plaintiff fails to file an amended complaint within 30 days, the Clerk of 2| Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a “strike” under 28 U.S.C. § 1915(g) 4| and deny any pending unrelated motions as moot. 5 (5) The Clerk of Court must mail Plaintiff a court-approved form for filing a 6| civil rights complaint by a prisoner. 7 Dated this 6th day of December, 2023. 8 10 ll _ James A. Teil Org Senior United States District Judge 12 13 14 15 16 17 18 19 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