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Needham v. State

United States District Court, D. Utah

March 8, 2017

AARON DAVID TRENT NEEDHAM, Plaintiff,
v.
STATE OF UTAH et al., Defendants.

          ORDER & MEMORANDUM DECISION

          Clark Waddoups District Judge.

         Plaintiff, inmate Aaron Needham, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2017), in forma pauperis, see 28 Id. § 1915. The Court now screens his Third Amended Complaint and orders Plaintiff to file a fourth amended complaint to cure deficiencies before further pursuing his claims.

         A. Deficiencies in Third Amended Complaint

         Third Amended Complaint:

(a) possibly alleges claims that concern the constitutionality of his conviction and/or validity of his imprisonment, which should be brought in a habeas-corpus petition, not a civil-rights complaint.
(b) inappropriately alleges civil-rights violations on a respondeat-superior theory.
(c) does not affirmatively link several of the defendants to civil-rights violations.
(d) alleges claims that are possibly invalidated by the rule in Heck (see below).
(e) appears to involve claims that are past the statute of limitations for a civil-rights case (see below).
(f) possibly attempts to state claims of inadequate medical treatment by Department of Corrections personnel; however provides neither necessary factual details nor links any such possible claims to specific defendants.
(g) states crimes by Defendants must be redressed; however, a federal civil-rights is not the proper place to address criminal behavior.
(h) does not state a proper legal-access claim (see below).
(i) alleges conspiracy claims that are too vague (see below).
(j) brings civil-rights claims against several private individuals and entities, who are not properly named, as ...

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