Complaint For Violation Of Civil Rights

U.S. District Court, District of Minnesota Prisoner Civil Rights Complaint Instructions The following instructions are offered to assist prisoners who intend to file an action in federal court. Failure to comply with these instructions will cause delays in handling your case and could even cause the case to be dismissed. 1. The complaint must be legible ­ printed or typewritten ­ and all documents must be signed by all the plaintiffs. Answer each question in the complaint form. 2. The complaint should clearly identify each individual defendant who is being sued and include a brief description of the facts giving rise to the claim(s) against each individual defendant. All of the claims described in the complaint should arise out of the same set of facts. (Claims arising out of different sets of facts should be presented in separate actions.) 3. The event(s) giving rise to the claim(s) must have occurred in Minnesota and/or the named defendant(s) must reside in Minnesota. 4. The complaint should clearly describe the relief that is requested. a. Injunctive relief and/or money damages may be available under 42 U.S.C. § 1983 for state prisoners who have been deprived of a federal constitutional right by a person acting under color of state law. b. Similar relief may be available under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) for federal prisoners who have been deprived of a federal constitutional right by a person acting under color of federal law. c. A prisoner CANNOT challenge the fact or duration of his or her confinement in a civil rights action. A prisoner can challenge a conviction, an original sentence, or any action extending the time that must be served in prison ONLY in a habeas corpus proceeding. 5. The complaint must be signed by the prisoner making the claim, under penalty of perjury. Any false statement of a material fact may result in criminal prosecution for perjury. 6. To start a prisoner civil rights action, a prisoner must submit the following documents: (a) Complete the Court's Civil Rights Complaint form; (b) Complete the Civil Cover Sheet; and (c) Pay EITHER the $400.00 filing fee OR submit a completed Application to Proceed in District Court without Prepaying Fees or Costs (IFP application) form AND the initial partial filing fee required by 28 U.S.C. § 1915(b)(1). American LegalNet, Inc. www.FormsWorkFlow.com 7. When you have completed the form, send the signed original to the following address: United States District Court, District of Minnesota Clerk's Office U.S. Courthouse 300 South Fourth Street, Suite 202 Minneapolis, MN 55415 (612) 664-5000 8. If you are paying the full $400.00 filing fee you must: a. Complete the summons you receive from the Clerk's Office after your case is opened; and b. Make your own arrangements for serving a copy of the summons and complaint on each defendant. See Rule 4 of the Federal Rules of Procedure for more information. 9. For more information on how to proceed in Court in a prisoner civil rights case, consult the Court's Prisoner Civil Rights Litigation Guide. You can obtain a copy of this Guide by contacting the Clerk's Office at the contact information provided above. ii American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Plaintiff(s), (Enter the full name(s) of ALL plaintiff(s) and prisoner number(s) in this action.) vs. Case No. ____________________ (To be assigned by Clerk of District Court) DEMAND FOR JURY TRIAL YES____ Defendant(s). (Enter the full name(s) of ALL defendants in this action. Please attach additional sheets if necessary). NO____ COMPLAINT FOR VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 I. PREVIOUS LAWSUITS A. Have you begun other lawsuits in state or federal court dealing with the same facts involved American LegalNet, Inc. www.FormsWorkFlow.com in this action or otherwise relating to your imprisonment in the last three years? Yes No B. If you answer to (a) is "yes", describe each lawsuit in the space below. 1. Parties to the previous lawsuit: Plaintiffs: Defendants: 2. Court (If federal court, name the district. If state court, name the state and county.): 3. Case Number: 4. Name of judge assigned to the case: 5. Cause of action (Cite the statute under which you filed and write a brief statement of the case): 6. Disposition or final determination of the case (for example, dismissed or appealed). 7. Approximate date of filing the lawsuit: 8. Approximate date of disposition or final determination of the lawsuit: ***Attach a copy of the disposition or final determination of the lawsuit if it was filed in a court other than the U.S. District Court for the District of Minnesota.*** 4 American LegalNet, Inc. www.FormsWorkFlow.com If there was more than one lawsuit, describe the additional lawsuits on a separate sheet of paper answering the same questions in the same order as above in Question 1(b). Label this information as Question 1(b). Check here if additional sheets of paper are attached. II. PRESENT PLACE OF CONFINEMENT A. Is there a prisoner grievance procedure in the institution? Yes No B. Did you present the facts relating to your complaint in the prisoner grievance procedure? Yes No C. If you answered "yes" to question II.B.: 1. What steps did you take: 2. What was the result? ***Attach a copy of the decision or disposition received from the prisoner grievance procedure.**** D. If you answered "no" to question II.B., explain why you did not present the facts relating to your complaint in a prisoner grievance procedure. III. PARTIES List your name, prisoner number, address and telephone number. Do the same for any additional plaintiffs. Attach an additional sheet of paper, if necessary. A. Name of Plaintiff: Prisoner Number Address 5 American LegalNet, Inc. www.FormsWorkFlow.com Additional Plaintiffs: Provide each defendant's full name, official position, and place of employment. Attach additional sheets of paper, if necessary. B. Name: Official Position: Employer's Address: Additional Defendants: NOTE: IF THERE ARE ADDITIONAL PLAINTIFFS OR DEFENDANTS, PLEASE PROVIDE THEIR NAMES AND ADDRESSES ON A SEPARATE SHEET OF PAPER. Check here if additional sheets of paper are attached: Please label the attached sheets of paper as II.A. for Plaintiffs and II.B. for Defendants. IV. STATEMENT OF THE CLAIM Describe in the space provided below the basic facts of your claim. Describe how each individual defendan