United States District Court, D. Utah
MEMORANDUM DECISION & ORDER TO CURE DEFICIENT
A. KIMBALL DISTRICT JUDGE
inmate Timothy Shawn Stevens, brings this pro se
civil-rights action, see 42 U.S.C.S. § 1983
(2019),  in forma pauperis, see
28 Id. § 1915. Having now screened the
Complaint, (Doc. No. 4), under its statutory review function,
Court orders Plaintiff to file an amended complaint to cure
deficiencies before further pursuing claims.
does not properly affirmatively link defendants to
does not adequately state a conditions-confinement claim by a
pretrial detainee (see below).
does not appear to state a proper legal-access claim by a
pretrial detainee (see below).
states § 1983 claims in violation of municipal-liability
doctrine (see below).
improperly names Weber County Sheriff's Department as
§ 1983 defendant, though it is not an independent legal
entity that can sue or be sued.
appears to inappropriately allege civil-rights violations on
alleges possible constitutional violations resulting in
injuries that appear to be prohibited by 42 U.S.C.S. §
1997e(e) (2019), which reads, "No Federal civil action
may be brought by a prisoner . . . for mental or emotional
injury suffered while in custody without a prior showing of a
physical injury or the commission of a sexual act.”
evinces confusion about what constitutes a cause of action
under the American with Disabilities Act (ADA) (see below).
of the Federal Rules of Civil Procedure requires a complaint
to contain "(1) a short and plain statement of the
grounds for the court's jurisdiction . . .; (2) a short
and plain statement of the claim showing that the pleader is
entitled to relief; and (3) a demand for the relief
sought." Rule 8's requirements mean to guarantee
"that defendants enjoy fair notice of what the claims
against them are and the grounds upon which they rest."
TV Commc'ns Network, Inc. v ESPN, Inc., 767
F.Supp. 1062, 1069 (D. Colo. 1991).
litigants are not excused from complying with these minimal
pleading demands. "This is so because a pro se plaintiff
requires no special legal training to recount the facts
surrounding his alleged injury, and he must provide such
facts if the court is to determine whether he makes out a
claim on which relief can be granted." Hall v.
Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Moreover,
it is improper for the Court "to assume the role of
advocate for a pro se litigant." Id. Thus, the
Court cannot "supply additional facts, [or] construct a
legal theory for plaintiff that assumes facts that have not
been pleaded." Dunn v. White, 880 F.2d 1188,
1197 (10th Cir. 1989).
should consider these general points before filing an amended
revised complaint must stand entirely on its own and shall
not refer to, or incorporate by reference, any portion of the
original complaint. See Murray v. Archambo, 132 F.3d
609, 612 (10th Cir. 1998) (stating amended complaint
supersedes original). The amended complaint may also not be
added to after it is filed without moving for
complaint must clearly state what each defendant--typically,
a named government employee--did to violate Plaintiff's
civil rights. See Bennett v. Passic, 545 F.2d 1260,
1262-63 (10th Cir. 1976) (stating personal participation of
each named defendant is essential allegation in civil-rights
action). "To state a claim, a complaint must 'make
clear exactly who is alleged to have done
what to whom.'" Stone v.
Albert, 338 Fed.Appx. 757, (10th ...