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Complaint Under The Civil Rights Act - California
| Complaint Under The Civil Rights Act Form. This is a California form and can be used in Civil USDC Southern Federal . |
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INSTRUCTIONS FOR FILING CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. § 1983 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (1) This complaint must be legibly handwritten or typewritten, and signed by the plaintiff. All questions must be answered concisely in the proper space on the form. Do NOT write on the back of any page. (2) Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum. (3) Upon receipt of a fee of $350 your complaint will be filed if it is in proper order. The $350 fee must be submitted with the complaint, not separately. (4) If you do not have the necessary funds to pay the $350 filing fee or cannot afford to pay for transcripts, counsel, appeal, or other costs connected with this civil action, you may request permission to proceed in forma pauperis, in which event you must execute a separate form provided by the Court, entitled "Motion and Declaration Under Penalty of Perjury in Support of Motion to Proceed In Forma Pauperis" setting forth information establishing your inability to pay fees or costs. IF YOU ARE A PRISONER, you MUST attach a certified copy of your prison trust account statements for the 6-month period immediately preceding the filing of the complaint per 28 U.S.C. § 1915(a)(2) or your motion to proceed in forma pauperis will be denied. Even if your motion to proceed in forma pauperis is granted, however, the Court will assess an initial partial filing fee at the time your action is filed. After the initial partial fee is assessed, YOU WILL STILL OWE THE BALANCE OF THE FILING FEE WHICH THE COURT WILL ORDER GARNISHED FROM YOUR PRISON TRUST ACCOUNT. (5) When the complaint is fully completed, the original and at least two copies must be mailed to: Clerk of U.S. District Court, Room 4290, 880 Front Street, San Diego, CA 92101-8900. American LegalNet, Inc. www.USCourtForms.com (Name) (Address) (City, State, Zip) (CDC Inmate No.) United States District Court Southern District of California ) (Enter full name of plaintiff in this action.) ) ) Plaintiff, ) ) v. ) ) ______________________________, ) ______________________________, ) ______________________________, ) ______________________________, ) (Enter full name of each defendant in this action.) ) Defendant(s). ) _______________________________________________ ) A. Jurisdiction _________________________, Civil Case No. ___________ (To be supplied by Court Clerk) Complaint Under the Civil Rights Act 42 U.S.C. § 1983 Jurisdiction is invoked pursuant to 28 U.S.C. § 1343(a)(3) and 42 U.S.C. § 1983. If you wish to assert jurisdiction under different or additional authority, list them below. _____________________________________________________________________________. B. Parties 1. Plaintiff: This complaint alleges that the civil rights of Plaintiff, _______________________ (print Plaintiff's name) ____________________________, who presently resides at _____________________________ (mailing address or place of confinement) ______________________________________________________, were violated by the actions of the below named individuals. The actions were directed against Plaintiff at_______________ ____________________________________ on (dates) _________, _________, and _________. (institution/place where violation occurred) (Count 1) (Count 2) (Count 3) 2. Defendants: (Attach same information on additional pages if you are naming more than 4 defendants.) § 1983 SD Form (Rev. 5/98) American LegalNet, Inc. www.USCourtForms.com Defendant _____________________________ resides in _____________________________, (name) (defendant's position/title (if any)) (County of residence) and is employed as a ____________________________________. This defendant is sued in his/her 9 individual 9 official capacity. under color of law: (Check one or both.) Explain how this defendant was acting Defendant _____________________________ resides in _____________________________, (name) (defendant's position/title (if any)) (County of residence) and is employed as a ____________________________________. This defendant is sued in his/her 9 individual 9 official capacity. under color of law: (Check one or both.) Explain how this defendant was acting Defendant _____________________________ resides in _____________________________, (name) (defendant's position/title (if any)) (County of residence) and is employed as a ____________________________________. This defendant is sued in his/her 9 individual 9 official capacity. under color of law: (Check one or both.) Explain how this defendant was acting Defendant _____________________________ resides in _____________________________, (name) (defendant's position/title (if any)) (County of residence) and is employed as a ____________________________________. This defendant is sued in his/her 9 individual 9 official capacity. under color of law: (Check one or both.) Explain how this defendant was acting § 1983 SD Form (Rev. 5/98) 2 American LegalNet, Inc. www.USCourtForms.com C. Causes of Action (You may attach additional pages alleging other causes of action and the facts supporting them if necessary.) Count 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 Count 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 Count 1.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________
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