Opinion
22-cv-00989-JLT-CDB
05-16-2023
Seymour v. Ledbetter
AMENDED CIVIL RIGHTS COMPLAINT UNDER:
[] 42 U.S.C. 1983 (State Prisoner)
[] Bivens Action [403 U.S. 388 (1971)] (Federal Prisoner)
I. Previous Lawsuits (list all other previous or pending lawsuits on additional page):
A. Have you brought any other lawsuits while a prisoner? Yes___ No___
B. If your answer to A is yes, how many?___
Describe previous or pending lawsuits in the space below. (If more than one, attach additional page to continue outlining all lawsuits in same format.)
1. Parties to this previous lawsuit:
Plaintiff ___
Defendants ___
2. Court (if Federal Court, give name of District; if State Court, give name of County)
3. Docket Number___
4. Assigned Judge ___
5. Disposition (Was the case dismissed? Appealed? Is it still pending?)
6. Filing Date (approx.)___
7. Disposition Date (approx.) ___
II. Exhaustion of Administrative Remedies
NOTICE: Pursuant to the Prison Litigation Reform Act of 1995, ''[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.'' 42 U.S.C. § 1997e(a). Prior to filing suit, inmates are required to exhaust the available administrative remedy process, Jones v. Bock, 549 U.S. 199, 211, 127 S.Ct. 910, 918-19 (2007); McKinney v. Carey, 311 F.3d 1198, 1999 (9th Cir. 2002), and neither futility nor the unavailability of money damages will excuse the failure to exhaust, Porter v. Nussle, 534 U.S. 516, 524, 122 S.Ct. 983, 988 (2002). If the court determines that an inmate failed to exhaust prior to filing suit, the unexhausted claims will be dismissed, without prejudice. Jones, 549 U.S. at 223-24, 127 S.Ct. at 925-26.
A. Is there an inmate appeal or administrative remedy process available at your institution?
Yes___ No___
B. Have you filed an appeal or grievance concerning ALL of the facts contained in this complaint?
Yes___ No___
C. Is the process completed?
Yes___ If your answer is yes, briefly explain what happened at each level.
No___ If your answer is no, explain why not.
III. Defendants
List each defendant's full name, official position, and place of employment and address in the spaces below. If you need additional space please provide the same information for any additional defendants on separate sheet of paper.
A. Name___ is employed as ___
Current Address/Place of Employment ___
B. Name___ is employed as ___
Current Address/Place of Employment ___
C. Name ___is employed as ___
Current Address/Place of Employment ___
D. Name ___is employed as ___
Current Address/Place of Employment ___
E. Name ___is employed as ___
Current Address/Place of Employment ___
IV. Causes of Action (You may attach additional pages alleging other causes of action and the facts supporting them if necessary. Must be in same format outlined below.)
Claim 1 : The following civil right has been violated (e.g. right to medical care, access to courts, due process, free speech, freedom of religion, freedom of association, freedom from cruel and unusual punishment, etc.):
___
___
___
Supporting Facts (Include all facts you consider important to Claim 1. State what happened clearly and in your own words. You need not cite legal authority or argument. Be certain to describe exactly what each defendant, by name, did to violate the right alleged in Claim 1.):
___
___
___
Claim 2: The following civil right has been violated (e.g. right to medical care, access to courts, due process, free speech, freedom of religion, freedom of association, freedom from cruel and unusual punishment, etc.):
___
___
___
Supporting Facts (Include all facts you consider important to Claim 2. State what happened clearly and in your own words. You need not cite legal authority or argument. Be certain to describe exactly what each defendant, by name, did to violate the right alleged in Claim 2.):
___
___
___
V. Relief
State briefly exactly what you want the court to do for you. Make no legal arguments. Cite no cases or statues.
___
___
___
I declare under penalty of perjury that the foregoing is true and correct.
Dated:___ Signature of Plaintiff:___
(Revised 4/4/14)