16-c-6 What to File

LibraryA Jailhouse Lawyer's Manual (2020 Edition)

16-C-6. What to File

(a) Your Complaint

Your lawsuit begins when you file your "complaint." Many districts provide model complaint forms for Section 1983 actions. After you figure out in which district you have to file, write to the clerk of that district and ask for the model forms (in New York, you should write to the pro se clerk). If you cannot get the forms, make your own using the examples in Appendix A of this Chapter. You should also read the local rules of practice for the federal district court where you decide to file. You can get the local rules for a small fee from the court clerk and possibly through your prison law library.

There are several very important things that you must include in your complaint. If you miss some of these things, then your complaint may be dismissed, so you should make sure not to leave any of them out.

You must identify yourself as the "plaintiff" (the party who is bringing the suit). You also have to identify the "defendant(s)" (the party or parties you are suing).282 In addition, you need to "state the grounds" for your complaint, which means you must specify the actions by the defendant(s) that violated your constitutional or other rights. You must specifically state which of your constitutional or federal statutory rights were violated. You also must tell the court what laws give the court "jurisdiction" (the power to hear your suit). This means that if you are suing in federal court, you must state in your complaint that 28 U.S.C. §1331283 and § 1343(a)(3) 284 give the federal district courts jurisdiction over cases under 42 U.S.C. §1983. You also have to tell the court the type of relief you are seeking-damages, injunctive relief, declaratory relief, or any combination of these. See Part C(1) of this Chapter for information on the types of relief that are available.

The Federal Rules of Civil Procedure require you to make a "short and plain statement" of your claim in the complaint. 285 In your complaint, you should include a reasonably specific description of the incident or practice that is the basis for your claim. Give the court specific details such as names, dates, locations, and injuries suffered. Details help convince the court that you "state a claim for relief" and that your claim should not be dismissed. In particular, your complaint should explain how each person you name as a defendant was involved in the violation about which you are complaining. Being clear about the facts will allow the court to apply the law more accurately to your claim.

The Supreme Court has held that complaints must be plausible to avoid dismissal.286 This means that you must include enough facts to describe what happened or is happening to you. It is not enough just to state that the defendant(s) broke the law unless you give facts to support that conclusion. Even though courts still tend to look at pro se complaints somewhat more liberally than complaints they receive from represented parties, 287 your complaint still must be plausible to survive dismissal, even if you are filing it pro se. 288 Therefore, a detailed account of the facts is essential to making sure that your complaint is considered by the court.

You are not legally required to prove the facts behind your complaint at the time that you file it, but remember, it is very important to explain what happened or is happening to you as clearly as possible. You can use affidavits to do this. If you do, you must refer to the affidavits in your compliant and you must include a copy of each affidavit along with your complaint. Additionally, for each defendant you must make separate copy of your complaint and affidavits. Appendix A-3 of this Chapter contains a sample affidavit.

(b) Including Supplemental State Claims in Your Complaint

You may want to add some supplemental...

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