Opinion
2:10-cv-01119-RLH-LRL.
July 26, 2010
ORDER
Plaintiff has submitted a pro se civil rights complaint. Plaintiff has failed to submit an application to proceed in forma pauperis on the required form. See 28 U.S.C. § 1915(a)(1)-(2); Local Rules of Special Proceedings 1-1, 1-2. Plaintiff will be granted thirty (30) days in which to submit a completed and signed application to proceed in forma pauperis on the form provided by this Court. The application must be accompanied by all required financial documentation, as described in the instructions for use of the form.
Further, in the court's preliminary review, plaintiff's complaint does not appear to state any claims for which relief may be granted. If plaintiff should consider filing an amended complaint prior to this court's screening, he is advised that a complaint pursuant to 42 U.S.C. § 1983 should set forth a concise statement of facts that demonstrate one or more violations of plaintiff's civil rights.
IT IS THEREFORE ORDERED that the Clerk SHALL SEND plaintiff the approved form for an Application to Proceed In Forma Pauperis by a prisoner, as well as the document "Information and Instructions for Filing a Motion to Proceed In Forma Pauperis." Within thirty (30) days from the date of entry of this order, plaintiff SHALL FILE a completed and signed application to proceed in forma pauperis on the form provided by this Court. Plaintiff's failure to file an application to proceed in forma pauperis in compliance with this order may result in the immediate dismissal of the lawsuit without prejudice.
IT IS FURTHER ORDERED that the Clerk SHALL SEND to plaintiff the approved forms for filing a civil rights lawsuit under 42 U.S.C. § 1983.
IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint, he shall clearly title the amended complaint as such by placing the words "FIRST AMENDED" immediately above "Civil Rights Complaint Pursuant to 42 U.S.C. § 1983" on page 1 in the caption, and plaintiff shall place the case number, 2:10-CV-01119-RLJ-LRL, above the words "FIRST AMENDED" in the space for "Case No."
IT IS FURTHER ORDERED that if plaintiff chooses to file an Amended Complaint, he shall file it within thirty (30) days from the date that this Order is entered. The amended complaint must be a complete document in and of itself, and will supersede the original complaint in its entirety. Any allegations, parties, or requests for relief from prior papers that are not carried forward in the amended complaint will no longer be before the court.
United States District Court DISTRICT OF NEVADA Plaintiff/Petitioner, APPLICATION TO PROCEED IN FORMA PAUPERIS CASE NUMBER: Defendant/Respondent,
_______________________________ v. _______________________________ I, ____________________________, declare that I am the (check the appropriate box) 42 U.S.C. § 1983 28 U.S.C. § 2255 28 U.S.C. §§ 2254 2241 _____ Plaintiff _____ Movant (filing ) (filing motion) _____ Petitioner _____ Other (writ of habeas corpus or ) _____ Defendant/Respondent in this case. I am unable to prepay the fees of this proceeding or give security because of my poverty. I acknowledge and consent that a portion of any recovery, as directed by the court, shall be paid to the clerk for reimbursement of all fees incurred by me as a result of being granted leave to proceed in forma pauperis.In further support of this application, I answer the following questions:
1. Are you presently employed? _____ Yes _____ No a. If the answer is "yes," state the amount of your salary or wages per month, and give the name and address of your employer. (List gross and net salary.) b. If the answer is "no," state the date of last employment and the amount of the salary or wages per month which you received. 2. Have you received within the past twelve months any money from any of the following sources? a. Business, profession or other form of self-employment? _____ Yes _____ No b. Rent payments, interest or dividends? _____ Yes _____ No c. Pensions, annuities or life insurance payments? _____ Yes _____ No d. Gifts or inheritances? _____ Yes _____ No e. Any other sources? _____ Yes _____ No If the answer to any of the above is "yes," describe each source of money and state the amount received from each during the past twelve months. 3. Do you own any cash, or do you have money in checking or savings accounts (include any funds in prison accounts, and any funds on deposit with a bank, saving loan, etc., outside the prison)? _____ Yes _____ No If the answer is "yes," state the total value and list the location of each account, type of account, and amount or balance in the account. Do not include your account number(s). 4. Do you own or have any interest in any real estate, stocks, bonds, notes, trusts, automobiles or other valuable property (excluding ordinary household furnishings and clothing)? _____ Yes _____ No If the answer is "yes," describe the property, its location and state its approximate value. 5. List the persons who are dependent upon you for support, state your relationship to those persons, and indicate how much you contribute toward their support each month. 6. Do you receive any income from disability, Social Security or any other pension? _____ Yes _____ No If the answer is "yes," describe the source and amount received each month. 7. Have you placed any property, assets or money in the name or custody of anyone else in the last two years? _____ Yes _____ No If the answer is "yes," give the date, describe the property, assets or money, give the name of the person given custody of the item and the reason for the transfer.ACKNOWLEDGMENT
I, the undersigned, acknowledge that I have read the foregoing and that the information contained therein is true and correct to my own knowledge and belief.Further, I state that I have not directly or indirectly paid or caused to be paid to any inmate, agent of an inmate, or family member of any inmate a sum of money, favors or anything else for assistance in the preparation of this document or any other document in connection with this action.
Further, I acknowledge that if any of the information included in this motion for leave to proceed in forma pauperis is false or misleading, I understand that sanctions may be imposed against me. Those sanctions may include, but are not limited to, the following:
(1) dismissal of my case with prejudice;
(2) imposition of monetary sanctions;
(3) the Nevada Department of Prisons may bring disciplinary proceedings for a violation of MJ-48 of the Code of Penal Discipline, which can include all sanctions authorized under the Code including the loss of good time credits and punitive confinement; and
(4) perjury charges.Further, I hereby authorize the United States District Court, District of Nevada, or its representative, to investigate my financial status, and authorize any individual, corporation, or governmental entity to release any such information to the said Court or its representative.
Further, I acknowledge and consent that a portion of any recovery, as directed by the court, shall be paid to the clerk for reimbursement of all fees and costs incurred by me as a result of being granted leave to proceed in forma pauperis.
Dated this _____ day of __________, 20__. _______________________________ (Signature of Applicant) I understand that a false statement or answer to any question in this declaration will subject me to penalties of perjury. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. See 28 U.S.C. § 1746 and 18 U.S.C. § 1621. Signed at ____________________ _____________________________ (Location) (Signature) ____________________________ ___________________________ (Date) (Inmate Prison Number)FINANCIAL CERTIFICATE
I request that an authorized officer of the institution in which I am confined, or other designated entity, such as Inmate Services for the Nevada Department of Prisons (NDOC), complete the below Financial Certificate.I understand that:
(1) if I commence a petition for writ of habeas corpus in federal court pursuant to 28 U.S.C. § 2254, the filing fee is $5.00, and that such fee will have to be paid by me if the current account balance (line #1 below), or the average account balance (line #2 below), or the average deposits to my account (line #3), whichever is greater, is $20.00 or more;
(2) if I commence a civil rights action in federal court pursuant to 42 U.S.C. § 1983, the filing fee is $350.00, which I must pay in full; and
(a) if my current account balance (line #1 below) is $350.00 or more, I will not qualify for in forma pauperis status and I must pay the full filing fee of $350.00 before I will be allowed to proceed with the action;
(b) if I do NOT have $350.00 in my account as reflected on line #1 below, before I will be allowed to proceed with an action I will be required to pay 20% of my average monthly balance (line #2 below), or the average monthly deposits to my account (line #3 below), whichever is greater, and thereafter I must pay installments of 20% of the preceding month's deposits to my account in months that my account balance exceeds $10.00 (if I am in the custody of the NDOC, I hereby authorize the NDOC to make such deductions from deposits to my account, and I further understand that if I have a prison job, then the 20% of my paycheck that is guaranteed to me as spendable money will be sent to the court for payment of the filing fee); and
(c) I must continue to make installment payments until the $350.00 filing fee is fully paid, without regard to whether my action is closed or my release from confinement.
Type of action (check one): _____ civil rights _____ habeas corpus ______________________________ ______________________________ INMATE NAME (printed) SIGNATURE PRISON NUMBER 1. CURRENT ACCOUNT BALANCE __________ 2. AVERAGE MONTHLY BALANCE* __________ 3. AVERAGE MONTHLY DEPOSITS* __________ 4. FILING FEE (based on #1, #2 or #3, whichever is greater) __________ * for the past six (6) months, from all sources, including amount in any savings account that is in excess of minimum amount that must be maintained I hereby certify that as of this date, the above financial information is accurate for the above named inmate. (Please sign in ink in a) (color other than black.) ______________________________________ AUTHORIZED OFFICER _____________________________ _________________________________ DATE TITLE INFORMATION AND INSTRUCTIONS FOR FILING A MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. §§ 1746 1915 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA FOR A 42 U.S.C. § 1983 CIVIL RIGHTS ACTION AND FOR A 28 U.S.C. § 2254 HABEAS CORPUS PETITION YOU SHOULD FOLLOW THESE INSTRUCTIONS CAREFULLY. FAILURE TO DO SO MAY RESULT IN YOUR COMPLAINT OR PETITION NOT BEING FILED AND CONSIDERED BY THE COURT.A. General Information About The Motion For Leave to Proceed In Forma Pauperis Form:
1. The Motion for Leave to Proceed In Forma Pauperis Form is designed to help you present to the court the necessary information for the court to determine whether you qualify for proceeding in a case without having to prepay the filing fee. Local Special Rule (LSR) 1-1 requires the use of the Motion for Leave to Proceed In Forma Pauperis Form by anyone not represented by counsel, that is, if they are proceeding pro se. For your motion to be considered by the District Court of Nevada, it must be typewritten or legibly handwritten. All information must be clearly and concisely written in the appropriate space on the form. NOTE: DO NOT WRITE ON THE BACK OF ANY OF THE PAGES; any writing on the back of any page might not be considered by the court.2. You must sign the release (at the bottom of page 3 of the form) authorizing the court to inquire into your financial status. You must also sign the declaration under penalty of perjury that the information in the motion is true and correct. Beware that any deliberate false statement of a material fact may serve as a basis for prosecution and conviction for perjury. You should review Rule 11 of the Federal Rules of Civil Procedure. Note also that Rule 11 provides for the imposition of sanctions if the complaint is signed in violation of the rule. Additionally, if a court finds that you have engaged in sanctionable conduct (such as pursuing a frivolous or malicious action), and if you are under the control of the Nevada Department of Corrections, you can be disciplined under the Prisons' Code of Penal Discipline, which can include all sanctions authorized under the Code including the loss of good time credits and punitive confinement. Therefore, you should exercise care to ensure that all the information is true, correct and complete.
3. If you do not meet the requirements for proceeding in forma pauperis, then the full filing fee must accompany the civil rights complaint ($350.00) or petition for writ of habeas corpus ($5.00). If it is determined that you cannot afford to prepay the full filing fee, then the court may allow you to proceed without having to pay the full fee in advance (which will be discussed more fully later in Section C.), or without paying any fee.
4. If you are currently residing in a county that is part of the unofficial Northern Division, then you should mail your completed Motion for Leave to Proceed In Forma Pauperis to the Reno address; if you are currently residing in a county that is part of the unofficial Southern Division, then you should mail your completed Motion for Leave to Proceed In Forma Pauperis to the Las Vegas address. The counties in the unofficial Southern Division are Clark, Esmeralda, Lincoln and Nye. All other counties in the State of Nevada are in the unofficial Northern Division. See LR IA 6-1 and LR IA 8-1. Once your motion is filed, a file stamped copy will be sent to you by the Clerk.
When your Motion for Leave to Proceed In Forma Pauperis is completed, you should mail ONLY THE ORIGINAL motion with the complaint or petition for writ of habeas corpus to: OR
Clerk, U.S. District Court Clerk, U.S. District Court District of Nevada District of Nevada Suite #301 333 Las Vegas Blvd. South 400 South Virginia Street Las Vegas, Nevada 89101 Reno, Nevada 89501B. Completing The Motion for Leave to Proceed In Forma Pauperis Form:
1. Space is provided for you to name the lead defendant named in the accompanying action. Unlike a civil complaint form, you do not need to name all of the defendants/respondents in the Motion for Leave to Proceed In Forma Pauperis.2. Check the appropriate line indicating the proper type of action this motion is accompanying.
3. Fill-in all of the requested information about yourself on the spaces provided. You must disclose the balance (as best you know) of any type of bank, savings, or investment account(s) to which you can gain access, any real estate you may own (whether in the State of Nevada or in another state), any cars, etc.
4. You must sign and date BOTH the acknowledgment and the declaration under penalty of perjury that the information provided is true and correct. Note that you are authorizing the court to inquire into your financial status. Also, you are put on notice that any untruthful statements or misrepresentations could result in sanctions being imposed against you by the court, AND (if you are an inmate) the Nevada Department of Corrections (NDOC) could bring disciplinary charges against you possibly resulting in the loss of good time credits and/or disciplinary confinement.
5. If you are granted leave to proceed in forma pauperis, this only waives the requirement to PREPAY the filing fee and service of process costs. If you are successful in receiving ANY monetary award, the court can require you to reimburse all fees and costs that were waived because you were granted leave to proceed in forma pauperis.
6. If you are NOT an inmate: Your Motion for Leave to Proceed In Forma Pauperis is now ready to be filed. Do not complete page four of the form. However, you should be aware that the court may require you to provide additional information about your finances; the court has the discretion to set and require you to pay a partial filing fee. Also, read the final note at the conclusion of these instructions.
IF YOU ARE AN INMATE: The form contains a fourth page (a financial certificate) to be used by inmates to better inform the court about their financial condition. You must attach with your application to proceed in forma pauperis: (1) a financial certificate executed by an authorized officer at the institution; and (2) a computer printout of your inmate trust account showing account activity for the six months immediately preceding your application. Your application will be denied, and the complaint or petition may be dismissed without prejudice, if you fail to include both: (1) a financial certificate, and (2) a statement of your inmate trust account.
C. Determination Of Filing Fee (for inmates only):
1. A properly completed financial certificate is required for the court to consider the Motion for Leave to Proceed In Forma Pauperis. DO NOT submit your own affidavit instead of the financial certificate. If you do, your motion and the accompanying complaint or petition for writ of habeas corpus may not be accepted and may be returned to you.
2. To obtain a financial certificate disclosing how much money you have credited to your account(s) with the institution in which you are confined, you must sign your name and write your prison number (if you have one) on the lines provided on page 4 of the form. You must also check the line indicating that the Motion for Leave to Proceed In Forma Pauperis will be used to file a petition for writ of habeas corpus or civil rights complaint. You should then submit that page only to the division/department that keeps the records of how much money you have in your account(s). (The name of that division/department varies depending on where you are being held, for example, "institutional services," "accounting," etc). Someone in that division/department will complete the remainder of page 4 and return it to you. If you are in the custody of the NDOC, Inmate Services will complete the form and return it to you with a print-out showing the transactions to your account for the past six (6) months. You must attach this print-out to the Motion for Leave to Proceed In Forma Pauperis. You should then put the pages of the motion in proper order. Each motion for leave to proceed in forma pauperis must have an ORIGINAL financial certificate. It is then ready to be submitted to the court with the petition for writ of habeas corpus or civil rights complaint.
3. The financial certificate must be received by the Clerk's Office within thirty (30) days of the date it was completed and signed by the authorized officer of the penal institution. Both the Motion for Leave to Proceed In Forma Pauperis with the completed financial certificate (and print-out of your account transactions) AND the accompanying petition for writ of habeas corpus or civil rights complaint must be mailed to the clerk's office together.
4. When you receive the completed financial certificate, it will show whether you qualify for proceeding without having to pay a filing fee, whether you qualify for proceeding by paying the full filing fee in installments, or whether you must prepay the full filing fee. This determination is based on how much money is currently on deposit in your institutional account(s) and how much money you received over the past six (6) months. The following is a line-by-line description of the information provided on the financial certificate:
(a) Line #1 shows the total amount of money to which you have access in your institutional account(s) as of the date that the financial certificate was completed. Money that is not readily accessible is not included in this total; the institution or agency confining you may have a policy which requires that a certain minimum balance be maintained, and so the amount shown on line #1 would only include an amount in excess of the required minimum. For example, the NDOC has a policy requiring a certain percentage of money received while in prison be deposited into a savings account, and an inmate may only withdraw from the savings account the amount in excess of an amount established by the Director of Prisons. Therefore, the amount shown on line #1 includes only that amount in excess of the established minimum.
(b) Line #2 shows the average monthly balance in your account for the past six (6) months.
(c) Line #3 shows the average monthly deposits for the past six (6) months. This amount includes deposits to your account(s) from all sources of income, such as from a prison job, gifts from family or friends, etc.
(d) Line #4 shows the initial filing fee you must pay depending on whether you are filing a civil rights complaint or a petition for writ of habeas corpus. This fee is determined by applying the greater of the current account balance (line #1), the average monthly balance for the past six (6) months (line #2), or the average monthly deposits for the past six (6) months (line #3) and multiplying that amount by 20% (.20). For example: $20.00 × 20% = $4.00 as an initial fee.
5. The court will review your Motion for Leave to Proceed In Forma Pauperis and determine the amount of the filing fee you will have to pay in order to proceed with your action.
Full filing fee: If the court determines that the full filing fee must be prepaid, then it will issue an order denying your motion for leave to proceed in forma pauperis; your original petition for writ of habeas corpus or civil rights complaint will be retained and you will be given an opportunity to pay the full fee. The court will issue an order setting forth the amount of the fee and allowing you thirty (30) days from the date of the order in which to have the fee sent to the Clerk. The Clerk will send to you two copies of the order. It will be your responsibility to make the necessary arrangements to have one copy of the order attached to the check or money order (do not send cash in the mail) in the amount of the designated fee. If you are an inmate within the Nevada Department of Prisons, then you need to submit a completed "Brass Slip" to Inmate Services with a copy of the order, authorizing them to issue a check to the court for the amount of the fee. The order designating the amount of the filing fee will also order the Clerk to retain the petition for writ of habeas corpus or civil rights complaint; it will not be filed until the designated filing fee is paid in full. If the designated filing fee is not received within the time limit, then the action may be dismissed.
No filing fee: If the court determines that you should be allowed to proceed without having to prepay a filing fee at all, then the court will issue an order directing the Clerk to file the petition or complaint and, if appropriate after screening pursuant to 28 U.S.C. § 1915, issue summons to the defendant(s) named in the complaint.
SPECIAL NOTICE TO INMATES
Installment payments toward full filing fee: If you do NOT have $350.00 in your account as reflected on line #1 of the financial certificate, then at the time you commence an action you will be required to pay 20% of your average monthly balance (as reflected on line #2 of the financial certificate), or the average monthly deposits to your account (as reflected on line #3 of the financial certificate), whichever is greater. Thereafter you must pay installments of 20% of the preceding month's deposits to your account in those months that your account balance exceeds $10.00, until the $350.00 filing fee is fully paid, without regard to whether your action is closed or you are released from confinement. If you are an inmate in the custody of the NDOC who has outstanding impounds (such as accrued departmental charges, restitution, child support, room board, etc.), prison regulations ensure that the impounds do not exceed eighty percent (80%) of the funds you receive (whether from a prison job or money sent to you from family/friends); your spendable funds will always be at least twenty percent (20%) of the amount of funds received. The filing fee to commence an action will be deducted from your twenty percent (20%) of spendable funds. Therefore, if you are subject to the maximum impound limit of eighty percent (80%), then ALL of the remaining twenty percent (20%) of funds you receive will go towards the monthly installments until the filing fee is paid in full. The authorization in the financial certificate for the NDOC to make the above described deductions regarding filing fees does not take effect until you commence an action and the court orders payment of the fee. Therefore, if you do not wish to authorize the above described deductions for filing fee, do not commence an action. You commence an action by submitting documents to the court which causes a case number to be issued. Federal law now requires collection of the full $350.00 filing fee for civil rights actions commenced by an inmate.SPECIAL NOTICE TO NON-INMATES
Partial filing fee (does not apply to habeas corpus actions): If the court determines that you should be allowed to proceed with the payment of a partial filing fee in your civil rights action, then the court will issue an order setting forth the amount of the fee and allowing you thirty (30) days from the date of the order in which to have the designated fee sent to the Clerk. The Clerk will send to you two copies of the order. It will be your responsibility to make the necessary arrangements to have one copy of the order attached to the check or money order (do not send cash in the mail) in the amount of the designated fee. The order setting the amount of the filing fee will also order the Clerk to retain the civil rights complaint; it will not be filed until the designated partial filing fee is paid in full. If the designated partial filing fee is not received within the time limit, then the action may be dismissed.
6. If you believe that the information provided on the financial certificate is incorrect, or believe that because of special circumstances you should not have to pay the filing fee as reflected on the financial certificate, then you may submit WITH your Motion for Leave To proceed In Forma Pauperis a motion for waiver of filing fee. In the motion you will need to explain why you believe that the filing fee indicated on the financial certificate is not appropriate. You should be aware that only in exceptional circumstances will the filing fee designated in the court's order deviate from the amount indicated on the financial certificate. You should also be aware that your signature on the bottom of page 3 of the motion for leave to proceed in forma pauperis authorizes the court to investigate your financial status and authorizes any individual, corporation, or governmental entity to release to the court any financial information the court requests.
FINAL NOTE
You should follow these instructions carefully. Failure to do so may result in your complaint or petition not being filed and considered by the court.
After a case number has been assigned and the court has ruled on your motion, you MUST write the case number on the front page of any communication you may have with the court regarding the action. The failure to include the case number may result in the document being returned to you unfiled, or at the very least the failure will delay the court's review of the document.
If you are an inmate and are paying a filing fee by having the institution send a check to the court, DO NOT have the money sent to the court BEFORE the court issues its order setting the amount of the fee. The Clerk's Office needs to have the check/money order attached to a copy of the order so that the money can be credited to the proper case. If you are an inmate within the Nevada Department of Corrections, then you need to submit a completed "Brass Slip" to Inmate Services with a copy of the order, authorizing them to issue a check to the court for the amount of the fee. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CASE NO. CIVIL RIGHTS COMPLAINT ) PURSUANT TO ________________________________________, ) 42 U.S.C. § 1983 A. JURISDICTION Make a copy of this page to provide the below information if you are naming more than five (5) defendants 28 U.S.C. § 1343 42 U.S.C. § 1983 B. NATURE OF THE CASE C. CAUSE OF ACTION COUNT I COUNT II COUNT III D. PREVIOUS LAWSUITS AND ADMINISTRATIVE RELIEF dismissed because it was determined to be frivolous, malicious, or failed to state a claim upon which relief could be granted? E. REQUEST FOR RELIEF I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES OF AMERICA THAT THE FOREGOING IS TRUE AND CORRECT. 28 U.S.C. § 1746 18 U.S.C. § 1621
________________________________________ Name ________________________________________ ________________________________________ ________________________________________ Prison Number ________________________________________, ) Plaintiff, ) ) vs. ) ___________________________ ) (To be supplied by the Clerk) ________________________________________, ) ) ________________________________________, ) ) ________________________________________, ) ) ________________________________________, ) Defendant(s). ) 1) This complaint alleges that the civil rights of Plaintiff, _________________________, (Print Plaintiff's name) who presently resides at _____________________________________________________________________, were violated by the actions of the below named individuals which were directed against Plaintiff at _________________________________________________ on the following dates (institution/city where violation occurred) ___________________________, _____________________________, and ____________________. (Count I) (Count II) (Count III) 2) Defendant ___________________________________ resides at ________________________________________, (full name of first defendant) (address if first defendant) and is employed as ________________________________________. This defendant is sued in his/her (defendant's position and title, if any) ___ individual ___ official capacity. (Check one or both). Explain how this defendant was acting under color of law: ______________________________________________________________________ __________________________________________________________________________________________ 3) Defendant ___________________________________ resides at ________________________________________, (full name of first defendant) (address if first defendant) and is employed as ________________________________________. This defendant is sued in his/her (defendant's position and title, if any) ___ individual ____ official capacity. (Check one or both). Explain how this defendant was acting under color of law: ______________________________________________________________________ __________________________________________________________________________________________ 4) Defendant ___________________________________ resides at ________________________________________, (full name of first defendant) (address if first defendant) and is employed as ________________________________________. This defendant is sued in his/her (defendant's position and title, if any) ___ individual ___ official capacity. (Check one or both). Explain how this defendant was acting under color of law: ______________________________________________________________________ __________________________________________________________________________________________ 5) Defendant ___________________________________ resides at ________________________________________, (full name of first defendant) (address if first defendant) and is employed as ________________________________________. This defendant is sued in his/her (defendant's position and title, if any) ___ individual ___ official capacity. (Check one or both). Explain how this defendant was acting under color of law: ______________________________________________________________________ __________________________________________________________________________________________ 6) Defendant ___________________________________ resides at ________________________________________, (full name of first defendant) (address if first defendant) and is employed as ________________________________________. This defendant is sued in his/her (defendant's position and title, if any) ___ individual ___ official capacity. (Check one or both). Explain how this defendant was acting under color of law: ______________________________________________________________________ __________________________________________________________________________________________ 7) Jurisdiction is invoked pursuant to (a)(3) and . If you wish to assert jurisdiction under different or additional statutes, list them below. _______________________________________________________________________________________________ _______________________________________________________________________________________________ 1) Briefly state the background of your case. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ The following civil rights has been violated: ____________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Supporting Facts: [Include all fact you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be sure you describe exactly what each specific defendant (by name) did to violate your rights]. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ The following civil rights has been violated: _________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Supporting Facts: [Include all fact you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be sure you describe exactly what each specific defendant (by name) did to violate your rights]. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ The following civil rights has been violated: _________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Supporting Facts: [Include all fact you consider important. State the facts clearly, in your own words, and without citing legal authority or argument. Be sure you describe exactly what each specific defendant (by name) did to violate your rights]. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 1) Have you filed other actions in state or federal courts involving the same or similar facts as involved in this action? ___ Yes ___ No. If your answer is "Yes", describe each lawsuit. (If more than one, describe the others on an additional page following the below outline). a) Defendants: ________________________________________________________________________ b) Name of court and docket number: ___________________________________________________ c) Disposition (for example, was the case dismissed, appealed or is it still pending?): _____________________________________________________________________________________ d) Issues raised: ______________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ e) Approximate date it was filed: ___________________________________ f) Approximate date of disposition: _________________________________ 2) Have you filed an action in federal court that was ___ Yes ___ No. If your answer is "Yes", describe each lawsuit. (If you had more than three actions dismissed based on the above reasons, describe the others on an additional page following the below outline.) Lawsuit #1 dismissed as frivolous, malicious, or failed to state a claim: a) Defendants: _______________________________________________________________________. b) Name of court and case number: ____________________________________________________. c) The case was dismissed because it was found to be (check one): _____ frivolous ___ malicious or ___ failed to state a claim upon which relief could be granted. d) Issues raised: ______________________________________________________________________ _____________________________________________________________________________________ e) Approximate date it was filed: ___________________________________ f) Approximate date of disposition: _________________________________ Lawsuit #2 dismissed as frivolous, malicious, or failed to state a claim: a) Defendants: _______________________________________________________________________. b) Name of court and case number: ____________________________________________________. c) The case was dismissed because it was found to be (check one): _____ frivolous ___ malicious or ___ failed to state a claim upon which relief could be granted. d) Issues raised: ______________________________________________________________________ _____________________________________________________________________________________ e) Approximate date it was filed: ___________________________________ f) Approximate date of disposition: _________________________________ Lawsuit #3 dismissed as frivolous, malicious, or failed to state a claim: a) Defendants: ________________________________________________________________________. b) Name of court and case number: _____________________________________________________. c) The case was dismissed because it was found to be (check one): _____ frivolous ___ malicious or ___ failed to state a claim upon which relief could be granted. d) Issues raised: ______________________________________________________________________ _____________________________________________________________________________________ e) Approximate date it was filed: ___________________________________ f) Approximate date of disposition: _________________________________ 3) Have you attempted to resolve the dispute stated in this action by seeking relief from the proper administrative officials, e.g., have you exhausted available administrative grievance procedures? ___ Yes ___ No. If your answer is "No", did you not attempt administrative relief because the dispute involved the validity of a: (1) ___ disciplinary hearing; (2) ___ state or federal court decision; (3) ___ state or federal law or regulation; (4) ___ parole board decision; or (5) ___ other __________________________________________________________. If your answer is "Yes", provide the following information. Grievance Number ______________. Date and institution where grievance was filed ____________________________________________. Response to grievance: _____________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ I believe that I am entitled to the following relief: ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ I understand that a false statement or answer to any question in this complaint will subject me to penalties of perjury. See and . ______________________________________ ________________________________ (Name of Person who prepared or helped (Signature of Plaintiff) prepare this complaint if not Plaintiff) ________________________________ (Date) (Additional space if needed; identify what is being continued) ______________________________________________________________________________________________ ______________________________________________________________________________________________ INFORMATION AND INSTRUCTIONS FOR FILING A CIVIL RIGHTS COMPLAINT PURSUANT TO 42 U.S.C. § 1983 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA YOU SHOULD FOLLOW THESE INSTRUCTIONS CAREFULLY FAILURE TO DO SO MAY RESULT IN YOUR COMPLAINT NOT BEING FILED AND CONSIDERED BY THE COURTA. General Information About The Civil Rights Complaint Form:
1. The civil rights complaint form is designed to help you prepare a complaint seeking relief under the Civil Rights Act, 42 U.S.C. § 1983. Local Rule 215 requires the use of the civil rights complaint form by anyone not represented by counsel, that is, if they are proceeding pro se. For your complaint to be considered by the District Court, it must be typewritten or legibly handwritten. (See Local Rule 130-1). NOTE: DO NOT WRITE ON THE BACK OF ANY OF THE PAGES; any writing on the back of any page might not be considered by the court. All information must be clearly and concisely written, only in the space provided on the form, and only one line of writing per line provided. Do not write in the margins. Additional space has been provided at the bottom of the last page of the form for continuing allegations contained in Parts B or C. If needed, you may attach two additional pages of standard letter size paper to complete Parts B C of the complaint. Be sure you make identify the count or claim to which the continued information applies. If you add more than the two pages, you must file a motion for leave of court (permission) to file the longer than normal complaint at the time you submit the complaint. This two page limitation only applies to pages added to Parts B C.
2. You must sign the complaint, which constitutes a certificate that: 1) you have read the complaint; 2) to the best of your knowledge, information and belief formed after reasonable inquiry it is well grounded in fact and law; and 3) it is not being filed for any improper purpose. You should review Rule 11 of the Federal Rules of Civil Procedure. Note also that Rule 11 provides for the imposition of sanctions if the complaint is signed in violation of the rule. Additionally, if a court finds that you have engaged in sanctionable conduct (such as pursuing a frivolous or malicious action), and if you are under the control of the Nevada Department of Prisons, you can be disciplined under the Prisons' Code of Penal Discipline, which can include all sanctions authorized under the Code including punitive confinement and the loss of good time credits.
3. If you do not meet the requirements for proceeding in forma pauperis or the payment of a lower filing fee, then the full filing fee of three hundred and fifty dollars ($350.00) must accompany the complaint. You will also be responsible for paying the service fees of the individual you choose to serve the complaint. Be advised that you cannot hire the U.S. Marshal to perform service of process; the U.S. Marshal will perform service of process only when ordered to do so by the Court. The Federal Rules of Civil Procedure provide an inexpensive means for effecting service of process by obtaining a waiver from the defendant(s). See Rule 4(d).
4. If you are currently residing in a county that is part of the unofficial Northern Division, then you should mail your complaint to the Reno address; if you are currently residing in a county that is part of the unofficial Southern Division, then you should mail your complaint to the Las Vegas address. The counties in the unofficial Southern Division are Clark, Esmeralda, Lincoln and Nye. All other counties are in the unofficial Northern Division. See Local Rule LR IA 6-1 and Local Rule LR 8-1. Once your case is filed, a copy will be sent to you by the Clerk of the Court.
When you have completed writing your complaint, you should mail ONLY THE ORIGINAL with the proper filing fee or a motion to proceed in forma pauperis (see the separate "Information and Instructions for Filing a Motion for Leave to Proceed In Forma Pauperis" to determine whether you need to submit a filing fee) to: OR
Clerk, U.S. District Court Clerk, U.S. District Court District of Nevada District of Nevada Suite #301 Room #1334 400 South Virginia Street 333 Las Vegas Blvd., South Reno, Nevada 89501 Las Vegas, Nevada 89101 5. Except for the original complaint and a motion for leave to proceed in forma pauperis, all documents must bear the correct case number. In addition, you must furnish the opposing party or their attorney (if there is one) with a copy of any documents submitted to the court. Each original document (except the original complaint and a motion for leave to proceed in forma pauperis) must include a certificate of service stating the date a copy of the document was mailed to the opposing party or their attorney, and the address to which it was mailed. Pursuant to Local Rule LR 5-1, any pleading (except the original complaint and a motion for leave to proceed in forma pauperis) or other document received by the court which fails to include a certificate of service may be disregarded by the court or returned. A certificate of service may be in the following form: I hereby certify that a copy of the foregoing document was mailed to ______________________________________________________________________________ (name of opposing party or counsel) at _____________________________________________________________________. (address) on, __________________________, 20__. ___________________________________ (signature) 6. Except for the original complaint and a motion for leave to proceed in forma pauperis, you must furnish an original and one copy of any document submitted to the court. You must furnish one additional copy to the clerk if you wish to have a file-stamped copy returned to you.7. Exhibits should not be submitted with the complaint. Instead, the relevant information contained in an exhibit should be paraphrased in the complaint, and you should keep the exhibit to use to support or oppose a motion for summary judgment or a motion to dismiss.
8. You must immediately notify the clerk and the opposing party or their attorney in writing of any change in your mailing address.
9. If you need to change any of the information in the original complaint, you can only do so by filing an amended complaint which must also be written on the civil rights complaint form. Rule 15(a) of the Federal Rules of Civil Procedure allows you to file one amended complaint prior to defendants filing an answer. You must obtain leave of court to file a second amended complaint or a first amended complaint if an answer has been filed. Local Rule LR 15-11 requires that any amended pleading be complete in itself, without reference to any prior pleading. This is because an amended complaint supersedes prior complaints; consequently, the amended complaint must contain all the relevant information from the original complaint along with the necessary or desired changes-any omitted allegations or defendants are dismissed.
10. It is inappropriate to write a letter to any of the District Judges, Magistrates Judges, or the staff of any of the judicial officers. The only appropriate way to communicate with these persons is by filing a written motion; you must, of course, send a copy of any motion to the attorney representing the defendant(s). The United States Magistrate Judge, the Clerk of the Court and Deputy Clerks are officers of the court, and as such they are prohibited from giving legal advice. Questions of this nature should be directed to an attorney who is not a member of the court's staff.
B. General Information About Civil Rights Actions:
1. To be able to bring a civil rights action, you must have had your civil rights violated. This is what is called "standing". You may not sue a defendant for the violation of someone else's civil rights. For example, if a friend had their civil rights violated, they could sue the defendant; you could not, even if your friend asks you to sue.
An exception is if you file what is called a class action. Still, you have to have had your rights violated but you can sue on behalf of many others who have also had their rights violated by the defendant's same acts. The requirements that must be met in order to file a class action suit are stringent, and the court has the discretion whether to allow a class action suit. The plaintiffs must file a motion with the court in which they show that they have met all of the requirements of Rule 23 of the Federal Rules of Civil Procedure. You should note that certain case law decisions hold that a pro se plaintiff cannot represent other plaintiffs in a class action. Fed.R.Civ.P. 23(a)(4); see Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); Griffin v. Smith, 493 F.Supp. 129, 131 (W.D.N.Y. 1980)
2. Your complaint can proceed in this court only if this court is able to exercise what is called "personal jurisdiction" over the named defendant(s). This means that, in order to require persons to defend themselves in a civil rights action filed in this court, they must either (1) reside in the State of Nevada, (2) have been in the State of Nevada when they caused the civil rights violation, or (3) have what is called "sufficient minimum contacts" with the State of Nevada. Generally speaking, personal jurisdiction based on "sufficient minimum contacts" is limited to situations in which the out-of-state defendants should have known that their acts would likely make them have to defend a suit in Nevada.
3. The court can grant relief in a § 1983 action only for wrongs which amount to the denial of federal constitutional rights by persons acting under color of state law. For a person to be "acting under color of state law", they must have committed the violation while performing their job as a state, county or city employee, official or agent. For example, police officers, parole and probation officers and prison or jail correctional officers performing their duties act "under color of state law" when arresting or searching a person or place. Whereas, a private party (that is, someone not employed by a state, county or city) does not act "under color of state law" when committing the same acts. For example, a security guard employed by a department store does not act "under color of state law" when they detain someone suspected of shoplifting.
Additionally, a person injured by a federal officer acting pursuant to their duties as a federal employee may sue the officer for a violation of their civil rights under what is called a Bivens action. The legal principles and rules that apply to actions against individuals acting under color of state law also apply to Bivens actions. Accordingly, the civil rights complaint form must be used for Bivens actions.
4. A defendant can be named in one of two different capacities: individual capacity and official capacity. Many people confuse the difference between the capacity in which a person is sued and "color of law" — the difference is quite simple. As described above, "color of law" refers to whether the person was a private party or an employee, official or agent of a state, county or city or the federal government. The capacity in which a defendant is sued, however, is concerned with whether the defendant is sued because of" actions personally taken, or whether they are sued because they happen to be holding a certain office or title, such as governor, warden or chief of police. There can be no civil rights suit unless the defendant was "acting under color of law". After the "color of law" requirement has been met, then it must be determined in which capacity the defendant is sued.
The distinction between whether a defendant is sued in their individual or official capacity is important because it determines what type of facts must be stated in the complaint. To sue a defendant in their individual capacity, you must be able to state facts showing that the person was actually, personally involved in violating your civil rights. However, a suit against a defendant in their official capacity is in reality a suit against the office/position that the defendant holds, instead of being based on that person's own actions. For example, a warden is responsible for the conditions of confinement, so a suit against the person who happens to be the warden (because he holds the title of warden) is a suit based on their official capacity. However, if the suit is based on actions taken by a person who happens to be the warden (without regard to the fact that they are the warden), then the suit is an individual capacity suit.
The types of relief that can be granted by the court are also determined by the capacity in which the defendant is sued. All types of relief can be granted in an individual capacity suit, i.e., monetary damages as well as injunctive relief. All types of relief can also be granted in an official capacity suit against a county or city official, but only injunctive relief is available in an official capacity suit against a state official.
5. You should keep in mind that if your suit is an individual capacity suit you cannot include someone as a defendant simply because they are a supervisor. You must be able to allege facts that show that the supervisor was personally involved in violating your civil rights. This is because liability must be based on the personal involvement of the defendant; liability may not be based on respondeat superior (which simply means that a supervisor is responsible for the acts of their subordinates). Consequently, a complaint that fails to show how the person was personally involved, or simply states that they are liable because they are the supervisor of another, fails to properly allege liability.
6. You can claim that the defendants acted as part of a conspiracy to violate your civil rights; you must, however, state sufficient facts to support the claim. Simply saying that the defendants acted as part of a conspiracy is not sufficient. Although a private party does not act "under color of law", they can be sued in a civil rights action if they are a co-conspirator with a federal, state, county or city official. As a partner in a conspiracy, they act as the agent of the state official.
7. You can name someone as "John Doe" in the complaint if you do not know their true name. However, to properly name a "John Doe" Defendant, you must provide all of the information you would normally provide if you already knew their name. For example, the easiest way to allege "John Does" is according to their function or action, such as John Doe #1 was the arresting officer, John Doe #2 was the booking officer, John Doe #3 was the medical officer who treated my injuries on (date), or John Doe #4 was the officer who searched my cell. Simply saying "John Does 1-15" is totally meaningless.
8. Even though you properly allege everything in the above paragraphs, there are some individuals who cannot be sued in a civil rights suit, that is, they are immune from suit. There are, however, different degrees of immunity. Absolute immunity protects judges, prosecutors and court personnel (to name a few) from civil rights suits in any court for actions they take within the scope of their duties as an integral part of the judicial process. Similarly, a state and its agencies are protected from suit in federal court by the Eleventh Amendment to the United States Constitution; but the immunity does not preclude the suit from being litigated in a state court.
9. Again, even though you properly allege everything in the above paragraphs, a civil rights action may be barred if it is not brought in a timely fashion, that is, within the time period designated by statute. The statute of limitations for civil rights actions filed in this court is two (2) years. Consequently, a civil rights action is barred if the complaint is not received by the court within the two (2) year deadline. For example, if a civil rights violation occurred on January 1, 2004, the complaint would have had to have been received by the clerk's office on or before January 1, 2006. If it was not received until January 2, 2006, the action would have to be dismissed as being barred by the statute of limitations.
C. Completing the Civil Rights Complaint Form: Heading:
1. Print your name and mailing address on the lines provided. If you have a prison or jail inmate number, be sure to write it on the line provided.
2. Space is provided for you to name up to five (5) defendants. If you are attempting to sue more than five (5) individuals, then on the five lines provided in the heading write "see additional page for defendants"; on an additional page you must list in alphabetical order the names of all of the defendants. This additional page should be inserted after page 1 and numbered as page "1-A" at the bottom of the page. The original complaint must contain the names of all of the parties (plaintiffs as well as defendants) in the heading (or on the additional page if more than five defendants). See Rule 10(a) of the Federal Rules of Civil Procedure.
3. If you want a jury trial, then you must write "JURY TRIAL DEMANDED" on the line below " 42 U.S.C. § 1983". A jury trial is not available if you are only seeking injunctive relief.
4. If you are filing a complaint in which you are naming as a defendant a federal officer instead of a state, county or city official, then you should cross-out " 42 U.S.C. § 1983" and below it write "BIVENS ACTION".
Part A:
(This part of the form is designed for you to easily tell the court that it has the necessary jurisdiction over all of the parties and jurisdiction over the subject matter)
1. Fill-in all of the requested information about you on the spaces provided. Be sure to write the date(s) on which you allege your rights were violated in Counts I-III. If your complaint has more than three counts, then at the beginning of each additional Count be sure you write the necessary date(s).
2. Fill-in all of the requested information about each of the defendants in the spaces provided. Space is provided for you to give the necessary information for five (5) defendants. If you are naming more than five (5) defendants, then make a copy of page 2 of the form so you can provide the necessary information for the additional defendants. 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.
3. This civil rights complaint form is designed so that it invokes the court's jurisdiction under 28 U.S.C. § 1343(a)(3) and 42 U.S.C. § 1983. If you wish to assert jurisdiction under any other statutes, then you must list them at the top of page 3.
Part B:
1. Briefly state the general facts about your case. You should give an overview of what happened by informing the court of the background information relating to your claims. This is not the place to provide detailed information about what each defendant did to violate your rights — that should be done in Part C. Instead, all you are attempting to do in this part of the complaint is to tell the court the factual basis for your action. For example, in this part of the complaint you would inform the court that you allege that defendants failed to follow proper procedures in the disciplinary process.
2. You should not need additional space, but if you do, additional space is provided on the last page; and if that is not enough, then you may attach an additional page(s), labeled as page "3-A" at the bottom of the page and insert the additional page(s) immediately behind page 3. Remember, you are limited to a total of two (2) additional pages for Part B and Part C; if you have more than two (2) additional pages, you will also need to file a motion seeking permission from the court to file the complaint.
Part C:
1. This is where you identify what rights the defendant(s) violated. The form provides three (3) pages for alleging three (3) counts. If you are alleging more than three counts, use the additional space on the last page, and if that is not enough, then attach an additional page for each additional count (so that there is only one count per page). Number the additional pages "6-A", "6-B", etc., and inserted immediately behind page 6.Remember, you are limited to a total of two (2) additional pages for Part B and Part C; if you have more than two (2) additional pages, you will also need to file a motion seeking permission from the court to file the complaint.
2. To begin, you must identify which civil right was violated. YOU MAY ALLEGE THE VIOLATION OF ONLY ONE CIVIL RIGHT PER COUNT. Using the above example about the disciplinary process, you would state that your right to due process as guaranteed by the Fourteenth Amendment was violated.
3. After you have identified which civil right was violated, you need to state the supporting facts; and 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 need to identify by name which defendant did what act. Simply saying "the defendants" is insufficient; instead, you must say defendant X (insert the name of the defendant) did (tell what the defendant did), etc. for each named defendant. As best as possible, you also need to state the date(s) on which the act(s) occurred.
Part D:
1. You must identify any other action you have filed in either state or federal court that relates to the same or substantially similar claims you have alleged in this civil rights complaint. Also, if this civil rights complaint involves a claim relating to the conditions of confinement, then you must list any other action you have filed which relates to conditions of confinement.
2. Unlike habeas corpus actions, exhaustion of administrative remedies is generally not a prerequisite to filing a civil rights complaint. However, because the Inmate Grievance Procedures adopted by the Nevada Department of Prisons have been approved by the Attorney General of the United States pursuant to 42 U.S.C. § 1997e, if you are an inmate within the Nevada Department of Prisons you must exhaust the administrative remedies before you will be able to proceed with your case against the defendants. Consequently, you must disclose whether you have exhausted the inmate grievance procedures. If the basis for your complaint is exempt from the grievance procedures, be sure you fully explain why.
Part E:
1. Describe what relief you are seeking in the space provided. This should be kept very short — the form provides enough space without adding pages.
2. Generally, there are only two types of relief available in a civil rights action: monetary and injunctive. If you are seeking to prevent the defendants from doing a certain act, or to require them to do a certain act, then you should ask for injunctive relief. If you want to receive money from the defendants, then you should ask for monetary damages. You will need to specify how much in monetary damages you are seeking. Essentially, there are only two types of monetary damages: compensatory and punitive. Punitive damages are a form of punishment, and are rarely awarded in civil rights actions. Compensatory damages are intended to compensate the plaintiff for the violation of their civil rights. This includes lost wages, money which may have been wrongfully taken from you, as well as money for mental distress, pain and suffering, etc. You should be advised that in order to recover any compensatory damages, you must be able to prove that you have sustained the losses; consequently, you should be realistic about how much you claim. As an example, in a recent case an inmate was awarded twenty ($20.00) for each day he was held in punitive confinement when it was proved that the defendants had denied him the necessary disciplinary hearing prior to placing him there. If you are not able to actually prove any damages even though you are able to prove a violation of your civil rights, you are entitled to receive what is called nominal damages, which is one dollar ($1.00) for each violation.
3. You must sign your name and write your prison or jail number (if you have one) on the lines provided at the end of Part E. The signature must be an original signature, not a photocopy. Remember the warning at the beginning of these instructions about the requirements of Rule 11 of the Federal Rules of Civil Procedure. If someone wrote this civil rights complaint for you (such as an inmate law clerk or "jailhouse lawyer"), then that person must write their name on the line next to your signature.
FINAL NOTE
You should follow these instructions carefully. Failure to do so may result in your complaint not being filed and considered by the court. Additional space is provided at the bottom of the last page for the continuation of information from Parts B or Part C. Be sure to identify what is being continued.