Civil Rights Complaint Page 3
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12occurred in one of the following counties, it is a Northern Division case: Box Elder, Cache,
Rich,Weber, Davis, or Morgan.
Central Division: If the defendant(s) reside in, or if the action occurred in one of the following
counties, it is a Central Division case: Beaver, Carbon, Daggett, Duchesne, Emery, Garfield,
Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele,
Uintah, Utah, Wasatch, Washington, or Wayne.
In the caption, you must also add your name as the plaintiff and the names of the people you
are naming as defendants on the lines provided.
Jurisdiction: In this section, you inform the court why the case should be heard in
B.
federal court rather than state court or some other forum.
Options: For a complaint alleging a violation of civil rights, you have two options:
1.
If your action is generally one for a violation of civil rights, 42 U.S.C. § 1983 will normally
be the basis for the claim.
2.
Claims under 42 U.S.C. § 1985 are limited. Generally that section prohibits certain
categories of conduct relating to two or more persons acting together, or in a conspiracy, as provided
for in the statute itself. In most instances, you must show that the conspiracy was entered for a racial
or class-based reason.
Defendant's Relationship to the State: In order for your action to be heard in federal court under
Section 1983, you must be able to show that the defendant(s), at the time the claims alleged in the
complaint, were acting under the authority or color of state law. As you note the name of each
defendant, you also should indicate whether that defendant under 42 U.S.C. § 1983 is a person who
acted "under the color of state law." This generally means that the person is a state official, a state
employee, or someone who was acting in the name of the state under authority granted by the state,
county, city, or other non-federal government entity. Normally a claim under 42 U.S.C. § 1985
requires class-based or racial hostility before it may proceed.
Note: This is not a complete
statement of the law on this subject; rather, it is intended to provide general guidance as you
determine who to name as a defendant in your action.
C.
Parties: Next, you name the parties. As the person initiating the lawsuit, you are the
plaintiff and must identify yourself as such. For each defendant named in your complaint, you
should list their current address and a description of their employment. In addition, you should
explain briefly how or in what capacity each defendant acted under authority given them by state or
local government.
D.
Nature of the Case: This section requires a brief statement of (i) the civil right that
you allege has been violated by the defendant(s), and (ii) a description of how the defendant(s)
violated that right.
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