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PRISON LAW OFFICE
General Delivery, San Quentin CA 94964
Telephone (510) 280-2621 Fax (510) 280-2704
www.prisonlaw.com
Your Responsibility When Using this Information:
When we wrote this Informational Material we did our best to give you useful
and accurate information because we know that prisoners often have difficulty
obtaining legal information and we cannot provide specific advice to all the prisoners
who request it. The laws change frequently and are subject to differing interpretations.
We do not always have the resources to make changes to this material every time the
law changes. If you use this pamphlet it is your responsibility to make sure that the
law has not changed and is applicable to your situation. Most of the materials you
need should be available in your institution law library.
LAWSUITS FOR MONEY DAMAGES
AGAINST CALIFORNIA PRISON OFFICIALS
Updated March 2017
A prisoner who is harmed by the actions of prison officials may want to sue. This letter
provides information about suing California state prison officials to seek money damages for
personal injuries. Prisoners can also use some of the laws and procedures discussed in this letter
to ask for injunctive relief (a court order requiring prison officials to do something or stop doing
something). Some parts of the letter are also relevant to claims a prisoner may make when
personal property is lost or damaged by prison officials. However, the focus of the letter is on
lawsuits for money damages for personal injuries.
A prisoner or parolee who has been harmed by the actions of prison staff and who
believes his or her rights have been violated should take immediate action to preserve the right to
bring a lawsuit. This means that the prisoner must file an administrative appeal (such as a CDCR
602, 602-HC or 1824) within the administrative appeal timeline (usually no more than 30
calendar days after the date of the unlawful action or discovery of the harm); a prisoner who
cannot meet the deadline should still file an administrative appeal as soon as possible. A
prisoner should also file a government claim form within six months of the date of the action that
caused the harm. These requirements, and the deadlines and basic procedures for starting a
money damages lawsuit, are discussed in detail in this letter. FAILURE TO FILE AN
ADMINISTRATIVE APPEAL, GOVERNMENT CLAIM FORM, OR LAWSUIT WITHIN
THE LEGAL TIME LIMITS MAY PERMANENTLY BAR A PRISONER FROM EVER
RECEIVING ANY MONEY DAMAGES.
Board of Directors
Penelope Cooper, President Michele WalkinHawk, Vice President
Marshall Krause, Treasurer Christiane Hipps Margaret Johns
Cesar Lagleva Laura Magnani Michael Marcum Ruth Morgan Seth Morris
Director:
Donald Specter
Managing Attorney:
Sara Norman
Staff Attorneys:
Mae Askerman-Brimberg
Rana Anabtawi
Steven Fama
Alison Hardy
Sia Henry
Corene Kendrick
Rita Lomio
Margot Mendelson
Millard Murphy
Lynn Wu
Filing and litigating a money damages lawsuit without a lawyer is extremely difficult, so
a prisoner should always try to find an attorney to for any money damages case. However, the
Prison Law Office generally does not represent prisoners in lawsuits that ask for money damages;
neither do many other lawyers. Although personal injury lawsuits are sometimes taken by
lawyers on a "contingency fee" basis (where the lawyer's fee is a percentage of money recovered,
if any), only the most exceptional prisoner cases will appeal to most lawyers. To try to find a
lawyer, a prisoner can write to attorneys whose names are listed in the "civil rights law" and
"personal injury" section of the "Attorney" listings in the yellow pages of the local phone book or
to the local lawyer referral service. While doing legal research or reading prison law news
articles, a prisoner can write down the names and contact information for lawyers who have
handled similar types of cases and then trying contacting those lawyers.
In many cases, a prisoner usually will have to proceed on his or her own to meet the
initial deadlines for protecting the right to sue. This letter provides an overview of the steps a
California prisoner will need to take to protect the right to sue state officials for money damages
under federal and state law.
TABLE OF CONTENTS
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Federal Civil Rights Lawsuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Who Can Be Sued a Federal Civil Rights Suit. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Issues that May be Raised in a Federal Civil Rights Suit. . . . . . . . . . . . . . . . . . . . 5
Protecting the Right to File a Federal Civil Rights Suit. . . . . . . . . . . . . . . . . . . . . 9
First Steps in Filing a Federal Civil Rights Suit. . . . . . . . . . . . . . . . . . . . . . . . . . 11
State Tort Lawsuits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Who Can Be Sued in a State Tort Suit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Issues that May be Raised in a State Tort Suit. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Protecting the Right to File a State Tort Suit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
First Steps in Filing a Federal Civil Rights Suit. . . . . . . . . . . . . . . . . . . . . . . . . . 19
Summary: Which Type of Lawsuit Should be Filed and in What Court?. . . . . . . . 20
Government Claims Forms and Instructions
List of California State and Federal Courts
2
I. INTRODUCTION
A California prisoner may be able to file a lawsuit for money damages against prison
officials or staff whose actions have caused the prisoner to suffer bodily injuries, psychological
distress, or other harm. A lawsuit against prison officials might be based on violations of either
federal or state law (or both) and could be filed in either federal or state court. Deciding on how
and where to sue can be a complex question that will depend on the facts of the case and other
factors. A prisoner should always take all of the initial steps necessary to protect the right to sue
under both federal and state law and in both federal and state court.
The most common type of lawsuit filed by prisoners seeking money damages is a
"federal civil rights" or "section 1983" action. These types of lawsuits allow prisoners to sue state
officials who violate federal constitutional or statutory rights.
1/
The next sections of this letter
give an overview of federal civil rights lawsuits: who can be sued, what types of issues can be
raised, actions necessary to preserve the right to sue, and initial steps in filing a lawsuit.
The other type of lawsuit that prisoners may use to seek money damages is a state
"personal injury" or "tort" action. Under California law, prisoners can sue prison officials whose
wrongful or negligent acts or omissions cause injuries.
2/
This letter gives an overview of state tort
lawsuits: who can be sued, what types of issues can be raised, and actions necessary for
preserving the right to sue, and initial steps in filing a lawsuit.
This letter ends with a brief discussion of factors relevant to deciding which type of legal
claims to raise and in which court to file the lawsuit.
The law is very complex and this letter provides only a very general overview of basic
information about prisoner personal injury lawsuits. More detailed information about prisoners’
rights, federal civil rights lawsuits, and state tort lawsuits is available in other sources, including
The California State Prisoners Handbook (4th ed. 2008, with 2014 supplement), published by
the Prison Law Office.
1. See 42 U.S.C. § 1983.
2. See Government Code § 844.6(d).
3
II. FEDERAL CIVIL RIGHTS (§ 1983) LAWSUITS
A. WHO CAN BE SUED IN A FEDERAL CIVIL RIGHTS LAWSUIT
Under the federal Civil Rights Act, a person may sue any other person who, while acting
“under color of state law,” violates a right protected by federal law.
3/
A person who files a
lawsuit is called a “plaintiff.” A person who is being sued is called a “defendant.” Prison staff,
working in their jobs as employees are acting under color of state law. So are doctors, teachers,
or other people who work under contract to the state providing services to prisoners.
4/
A basic rule is that the prisoner should sue every state employee or contractor who caused
the injury or damage. For example, consider a case where a prisoner wants to file a lawsuit
because he suffered permanent injuries to his hand when a correctional officer assaulted him
without justification, under orders from a correctional sergeant. The prisoner can sue the officer
who assaulted him. The prisoner can also sue the sergeant who ordered the assault, because the
order ultimately caused the injuries. If failure to properly train or supervise the officer or sergeant
were factors leading to the assault, then the prisoner might also be able to sue higher-ranking
officials who were responsible for training and supervising staff or for setting policies on the use
of force.
5/
For federal civil rights suits, prison staff and officials can be sued in either their
“individual capacity” or their “official capacity.” If a prisoner is suing for money damages, the
prisoner must specifically state in the lawsuit that the defendants are being sued in an individual
capacity. If a prisoner is bringing a claim for injunctive relief, the defendants should be named in
3. 42 U.S.C. § 1983.
4. Haygood v. Younger (9th Cir. 1985) 769 F.2d 1350, 1354; Leer v. Murphy (9th Cir. 1988)
844 F.2d 628, 633; see West v. Atkins (1988) 487 U.S. 42, 54 [108 S.Ct. 2250; 101 L.Ed.2d
40](doctors who contract with the state to provide occasional medical services to prisoners may
be sued under § 1983).
5. Good starting points for further research on the legal issues of “causation” are Rizzo v.
Goode (1976) 423 U.S. 362 [96 S.Ct. 598; 46 L.Ed.2d 561]; Johnson v. Duffy (9th Cir. 1978)
588 F.2d 740; and Leer v. Murphy (9th Cir. 1988) 844 F.2d 628.; Taylor v. List (9th Cir. 1989)
880 F.2d 1040, 1045; Barry v. Ratelle (S.D.Cal. 1997) 985 F.Supp. 1235, 1239; Hydrick v.
Hunter (9th Cir. 2012)669 F.3d 937, 941-942; Starr v. Baca (9rh Cir. 2011) 652 F.3d 1202,
1216-1217; Wright v. McMann (2d Cir. 1972) 460 F.2d 126, 129; Hearn v. Morris (E.D. Cal.
1981) 526 F.Supp. 267, 268; City of Canton, Ohio v. Harris (1989) 489 U.S. 378, 388-391 [109
S.Ct. 1197; 103 L.Ed.2d 412]; Merritt v. County of Los Angeles (9th Cir. 1989) 875 F.2d 765,
770; Alexander v. City of San Francisco (9th Cir. 1994) 29 F.3d 1355, 1367.
4
an official capacity.
6/
If the prisoner is requesting both types of relief, the defendants should be
sued in both their individual and official capacities.
Sometimes, prisoners would also like to sue the State of California, the California
Department of Corrections and Rehabilitation (CDCR), or the prison itself. However, this
cannot be done in most cases. The defendant in a federal civil rights lawsuit must be a “person,”
and states and state agencies are not considered to be “persons” under the Civil Rights Act.
7/
Also, under the Eleventh Amendment to the U.S. Constitution, states have “sovereign immunity”
that protects them from being sued in federal court for money damages.
8/
There is an exception
in that prisoners can sue the state itself and its agencies under the Americans with Disability Act
(ADA) and the Rehabilitation Act, Section 504.
9/
B. ISSUES THAT CAN BE RAISED IN A FEDERAL CIVIL RIGHTS LAWSUIT
A federal civil rights action must involve a violation of the prisoner's federal
constitutional or statutory rights. However, if the same action or decision being challenged also
violated state tort law, then a federal court can agree to hear the state law claims along with the
federal law claims.
10/
For example, a prisoner who sues an officer for using excessive force in
violation of the Eighth Amendment's prohibition on cruel and unusual punishment could also
include a claim that the officer violated state law by committing an intentional assault.
The question of whether prison staff have violated a federal right can be complicated.
The right involved must be protected by a section of the U.S. Constitution or by a federal statute
that applies to state prisoners. Sometimes the law requires the courts to balance prisoners’ rights
against prison officials’ reasons for taking away those rights. For many types of issues, a
prisoner who wants to prove violation of a federal right must show that prison staff both caused a
particular degree of harm and acted with a particular state of mind.
6. Will v. Michigan Dept. of State Police (1989) 491 U.S. 58 [109 S.Ct. 2304; 105 L.Ed.2d
45].
7. 42 U.S.C. § 1983; Hale v. Arizona (9th Cir. 1993) 993 F.2d 1387, 1398. A good
discussion of who can be sued, and in what capacities, is included in Taormina v. California
Dept. of Corrections (S.D. Cal. 1996) 946 F.Supp. 830.
8. See Quern v. Jordan (1979) 440 U.S. 332 [99 S.Ct. 1139; 59 L.Ed.2d. 358]; Edelman v.
Jordan (1974) 415 U.S. 651 [94 S.Ct. 1347; 39 L.Ed.2d 662].
9. United States v. Georgia (2006) 546 U.S. 151 [126S.Ct.877; 163 L.Ed.2d 650]; Clark v.
California (9th Cir. 1997) 123 F.3d 1267.
10. 28 U.S.C. § 1367(a); see, e.g., Hillery v. Rushen (9th Cir. 1983) 720 F.2d 1132. A federal
court has the power to decline to hear related state law claims if (1) the state claims raise novel or
complex issues of state law, (2) the state claims are substantially more numerous or important
that the federal claims, or (3) the Court has dismissed all of the federal claims. 28 U.S.C. §
1367(c).
5
The courts have set general standards for reviewing various types of prisoner claims in
federal civil rights lawsuits. The following are the standards for some commonly-raised issues:
• Inadequate or improper medical or mental health care violates the U.S.
Constitution’s Eighth Amendment prohibition on cruel and unusual punishment if
prison officials acted with “deliberate indifference” to a serious medical or mental
health need. Negligent treatment alone does not violate the Eight Amendment.
11/
• The use of excessive force by prison staff violates the Eighth Amendment
prohibition against cruel and unusual punishment if the force was not used in a
good faith effort to maintain or restore order, but was applied “maliciously or
sadistically for the very purpose of causing harm.”
12/
• Bad living conditions are cruel and unusual punishment under the Eighth
Amendment if those conditions amount to a serious deprivation of the “minimal
civilized measures of life’s necessities.” Such basic human needs include
adequate food, clothing, shelter, sanitation, and personal safety. The Eighth
Amendment is violated only if prison officials acted with deliberate indifference
to the deprivations.
13/
• Restrictions on a prisoner’s First Amendment rights, such as the right to free
speech or association, are unlawful if they are not reasonably related to a
legitimate penological interest.
14/
• An agency that receives federal funds (like the CDCR) cannot impose a
substantial burden on a prisoner’s exercise of religion unless it is the least
restrictive means of furthering a compelling governmental interest.
15/
11. Estelle v. Gamble (1976) 429 U.S. 97 [97 S.Ct. 285; 50 L.Ed.2d. 251].
12. Hudson v. McMillan (1992) 501 U.S. 294 [112 S.Ct. 995; 117 L.Ed.2d 156]; Whitley v.
Albers (1986) 475 U.S 312 [106 S.Ct. 1078; 89 L.Ed.2d 251].
13. Hudson v. McMillan (1992) 503 U.S. 1 [112 S.Ct. 995; 117 L.Ed.2d 156]; Wilson v.
Seiter (1991) 501 U.S. 294, 302 [111 S.Ct. 2321; 115 L.Ed.2d 271]; Rhodes v. Chapman (1981)
452 U.S. 337, 347 [101 S.Ct. 2392; 69 L.Ed.2d 59]; Hoptowit v. Ray (9th Cir. 1982) 682 F.2d
1237, 1246.
14. Turner v. Safley (1987) 482 U.S. 78 [107 S.Ct. 2254; 96 L.Ed.2d 64]; O’Lone v. Estate of
Shabazz (1987) 482 U.S. 342 [107 S.Ct. 2400; 96 L.Ed.2d 282]; Frost v. Symington (9th Cir.
1999) 197 F.3d 348.
15. 42 U.S.C. § 2000 et seq. [the Religious Land Use and Institutionalized Persons Act of
2000, known a “RLUIPA”]; Holt v. Hobbs (2015) __ U.S. __ [135 S.Ct. 853; 190 L.Ed.2d 747];
Cutter v. Wilkinson (2005) 544 U.S. 709 [125 S.Ct. 2113; 161 L.Ed.2d 1020]; Mayweathers v.
Newland (9th Cir. 2002) 314 F.3d 1062;.
6
• Race discrimination by prison officials must be analyzed under a “strict scrutiny”
test. “Strict scrutiny” means that race discrimination will be found unlawful
unless the government can prove that the policies “are narrowly tailored measures
that further compelling governmental interests.”
16/
• Under the federal Americans with Disabilities Act (ADA) and the Rehabilitation
Act of 1973, a prisoner who is disabled may not be subject to discrimination or
denied the benefits of a program or activity if the prisoner can meet the essential
eligibility requirements of the program, with or without reasonable
modifications.
17/
• Prisoners retain some due process rights under the Fourteenth Amendment; for
example, in disciplinary matters involving credit losses, prisoners have the rights
to notice, a hearing, and a decision supported by “some evidence.”
18/
• Other actions such as classification decisions, transfers, or placement in
segregation are not protected under the due process clause of the Fourteenth
Amendment unless the state has create a liberty interest by requiring prison
officials to follow mandatory procedures before taking such actions. Even if there
is a state created liberty interest, a classification, transfer, or segregation action
does not violate due process unless it imposes an “atypical and significant
hardship on the inmate in relation to the ordinary incidents of prison life.”
19/
• Deliberate government interference with the confidential relationship between a
criminal defendant and defense counsel violates the Sixth Amendment right to
counsel if it substantially prejudices the criminal defendant.
20/
16. Johnson v. California (2005) 543 U.S. 499 [125 S.Ct. 1141, 1146, 1148; 160 L.Ed.2d
949].
17. 42 U.S.C. § 12131 et seq. (ADA); 29 U.S.C § 794 (Rehabilitation Act); Pennsylvania
Dept. Of Corrections v. Yeskey (1998) 524 U.S. 206 [118 S.Ct. 1952; 141 L.Ed.2d 215].
18. Wolff v. McDonnell (1974) 418 U.S. 539 [94 S.Ct. 2963; 41 L.Ed.2d 935];
Superintendent v. Hill (1985) 472 U.S. 445 [105 S.Ct. 276; 86 L.Ed.2d 356]; Zimmerlee v.
Keeney (9th Cir. 1987) 831 F.2d 183.
19. Sandin v. Conner (1995) 515 U.S. 472, 483 [115 S.Ct. 2293; 132 L.Ed.2d 418].
20. Williams v. Woodford (9th Cir.2004) 384 F.3d 567, 584–585.
7
Some types of issues cannot be raised in federal civil rights actions. These include:
• A prisoner cannot use a federal civil rights action to challenge the legality of a
criminal conviction or length of a sentence. This includes challenges to prison
disciplinary losses of credit, improper calculations of good conduct credits, or
denial or revocation of parole. The proper means for a prisoner to raise these
claims in federal court is through a petition for writ of habeas corpus. A prisoner
may file a federal civil rights case for damages only after the conviction, sentence,
or disciplinary finding has been declared invalid in a habeas proceeding or other
action. The only exception is that a claim involving a parole or disciplinary matter
may be brought initially as federal civil rights case if it does not directly challenge
“the fact or duration of confinement.”
21/
• A prisoner cannot challenge a cell search under federal law because a prisoner’s
cell is not protected by the U.S. Constitution’s Fourth Amendment prohibition
against unreasonable searches and seizures.
22/
• Neither the negligent destruction of a prisoner’s property, nor the intentional
destruction of property violates federal law, except where the property loss
occurred pursuant to an established state procedure.
23/
Two other factors can prevent prisoners from winning money damages in a federal civil
rights case, even when they can prove that prison staff have violated their federal rights. First,
prison staff have “qualified immunity” against money damages awards in civil rights actions; this
means that no money damages can be awarded unless the prison staff’s conduct violated rights
that were “clearly established” at the time of the incident.
24/
Second, prisoners cannot get money
damages to compensate for a emotional or mental injury unless there was also a physical injury.
25/
However, this restriction may not apply to First Amendment claims or other legal injuries that are
21. Heck v. Humphrey (1994) 512 U.S. 477 [114 S.Ct. 2364; 129 L.Ed.2d 383]; Edwards v.
Balisok (1997) 520 U.S. 641 [117 S.Ct. 1584; 137 L.Ed.2d 906]; see Muhammad v. Close (2004)
540 U.S. 749 [124 S.Ct. 1303; 158 L.Ed.2d 32]; Wilkinson v. Dotson (2005) 544 U.S. 74 [125
S.Ct. 1242, 161 L.Ed.2d 253]; Ramirez v. Galaza (9th Cir. 2003) 334 F.3d 950.)
22. Hudson v. Palmer (1984) 468 U.S. 517 [104 S.Ct. 3194; 82 L.Ed.2d 393].
23. Parratt v. Taylor (1981) 451 U.S. 527 [101 S.Ct. 1920, 68 L.Ed.2d 420]; Hudson v.
Palmer (1984) 468 U.S. 517 [104 S.Ct. 3194; 82 L.Ed.2d 393]; Daniels v. Williams (1986) 474
U.S. 327 [106 S.Ct. 662; 88 L.Ed.2d 662]; Davidson v. Cannon (1986) 474 U.S. 344 [106 S.Ct.
668; 88 L.Ed.2d 677].
24. Hope v. Pelzer (2002) 536 U.S. 730 [122 S.Ct. 2508; 153 L.Ed.2d 666]; Saucier v. Katz
(2001) 533 U.S. 194 [121 S.Ct. 2151; 150 L.Ed.2d 272].
25. 42 U.S.C. § 1997e(e); see Oliver v. Keller (9th Cir 2002) 289 F.3d 623.
8
independent of any physical, emotional, or mental consequences.
26/
Also, neither of these hurdles
apply to claims for injunctive relief.
Any prisoner considering a federal civil rights lawsuit should do further research to
determine whether there is a good argument that federal rights have been violated and that
monetary damages can be awarded. The following resources may be helpful:
C An annotated edition of Title 42, section 1983 of the United States Code.
Thousands of cases decided on prisoners rights are listed in the annotations to the
civil rights statute. (Note that cases decided in the past may have been overturned;
thus, a prisoner should check every case to try to determine if it is still good law.)
C Rights of Prisoners, Fourth Edition (2009 plus updates) by Michael Mushlin,
published by Thompson Reuters.
C. PROTECTING THE RIGHT TO FILE A FEDERAL CIVIL RIGHTS LAWSUIT
Before filing a federal civil rights lawsuit, a prisoner must “exhaust available
administrative remedies.”
27/
This means that a CDCR prisoner who wants to bring a federal civil
rights suit must file (or at least attempt to file) an administrative appeal such as a Form 602, 602-
HC, or 1824, or BPH 1074 (depending on the type of issue) through the Director’s or Third Level
of Review.
28/
A prisoner must do this even though money damages is not a remedy that can be
obtained through the CDCR administrative appeal process, and regardless of whether the issues
involve on-going circumstances of prison life or a particular episode of abuse.
29/
26. See, e.g., Canell v. Lightner (9th Cir. 1998) 143 F.3d 1342, 1346 (First Amendment
claim).
27. 42 U.S.C. § 1997e(a).
28. If a grievance is fully granted at one of the lower levels, the full extent of relief under the
administrative system has already been achieved. Thus, the prisoner is not obligated to pursue
the appeal through the Third Level in order to exhaust administrative remedies. Brady v.
Attygala (9th Cir. 2002) 196 F. Supp.2d 1016; Gomez v. Winslow (N.D. Cal. 2001) 177
F.Supp.2d 977, 984-985. More complicated scenarios arise when a prisoner receives partial
relief at the first or second level of review; if at all in doubt about whether further relief could be
obtained, the prisoner should continue filing the administrative appeals or file additional appeals
covering all of the issues. See Brown v. Valoff (9th Cir. 2005) 422 F.3d 926 (in two cases decided
jointly, court reached different conclusions on whether prisoner exhausted available remedies).
29. Booth v. Churner (2001) 253 U.S. 731 [121 S.Ct. 1819; 149 L.Ed.2d 958; Porter v.
Nussle (2002) 534 U.S. 516; 122 S.Ct. 983; 152 L.Ed.2d 12]. However, the exhaustion of
administrative remedies requirement applies only to prisoners, so a person who is released from
prison prior to filing a civil rights complaint need not exhaust administrative remedies before
filing a federal civil rights suit about injuries suffered while in prison. Talamantes v. Leyva (9th
Cir. 2009) 575 F.3d 1021, 1024.
9
The administrative appeal must be specific enough to give prison officials fair notice of
the nature of the complaint.
30/
Also the appeal should be submitted and re-submitted within the
timelines set by the CDCR regulations (usually within 30 calendar days after the event or
decision being appealed or after an unsatisfactory First or Second Level decision). Unless there is
good cause for a delay, CDCR staff may refuse to accept a late appeal. If a prisoner’s appeal is
screened out as untimely or for some other reason, the prisoner should challenge the screen-out
and ask prison officials to process the appeal. A prisoner who does not follow the CDCR’s rules
for administrative appeals may end up not being able to exhaust available administrative
remedies and thus not being allowed to proceed with a federal civil rights lawsuit.
31/
More
information on administrative appeals is available in The California State Prisoners Handbook
(4th Ed. 2008 and 2014 Supplement) or in a free letter available on request from the Prison Law
Office or on the Resources page at www.prisonlaw.com.
A prisoner who wants to file a federal civil rights suit raising federal law claims does not
have to complete the government claims process with the Department of General Services Office
of Risk and Insurance Management (ORIM).
32/
However, the prisoner should file an ORIM
government claim if the prisoner may want to include related state tort law issues (see Section
III.C, below) in the federal civil rights case.
30. See Gomez v. Winslow (N.D. Cal. 2001) 177 F.Supp.2d 977, (general grievance about
inadequate medical care may satisfy exhaustion requirement as to specific aspects of a medical
care claim if it puts prison officials on notice of the complaints); Irvin v. Zamora (S.D. Cal.
2001) 161 F.Supp.2d 1125 (grievance that puts officials on notice of the potential claims may be
adequate even if it does not specifically name all the defendants responsible for the incident).
31. Woodford v. Ngo (2006) 548 U.S.81 [126 S.Ct. 2378]. (finding prisoner had not exhausted
all available administrative remedies when 602 appeal was screened out as untimely and prisoner
unsuccessfully appealed the screen-out decision).
32. Williams v. Horvath (1976) 16 Cal.3d 834 [129 Cal.Rptr. 453]; Plasencia v. California
(C.D.Cal. 1998) 29 F.Supp.2d 1145, 1148; Barry v. Ratelle (S.D.Cal. 1997) 985 F.Supp. 1235,
1238.
10
D. FIRST STEPS IN FILING A FEDERAL CIVIL RIGHTS LAWSUIT
There is a time limit (statute of limitations) for filing the complaint (the first court
document) in a federal civil rights lawsuit. The federal civil rights law does not have a specific
statute of limitations, so the courts apply time limits set by the law of the state where the injury
occurred.
33/
Under California law, a person has two years to file a lawsuit seeking money
damages.
34/
However, most California prisoners are allowed more time than that because the
time limit for filing a civil rights action for damages is "tolled" (does not count toward the
deadline) for two additional years while the plaintiff is a prisoner serving a determinate (set
length) sentence or an indeterminate sentence of life with the possibility of parole.
35/
This means
that most prisoners have at least four years to file a section 1983 lawsuit for money damages.
But beware – the two year tolling provision does not apply to federal law claims for injunctive
relief or to any state law claims brought under the California Tort Claims Act. Those claims must
be filed within the regular two year deadline
36/
There are other circumstances that may toll the timeline for a federal civil rights lawsuit.
Time is tolled while a prisoner exhausts administrative remedies.
37/
Time is also tolled while a
prisoner brings a direct appeal or habeas corpus petition if necessary to invalidate an unlawful
criminal sentence, loss of credits, or denial or revocation of parole prior to suing for money
damages (see Section II.B, above).
38/
The statute of limitations will not run while the plaintiff is a
minor or is insane.
39/
Also, “equitable tolling” can stop the statute of limitations clock where it is
in the interests of justice, the plaintiff has acted reasonably, the defendants have adequate notice
of the claim, and tolling would not cause prejudice to the defendants; however, it can be difficult
to convince a court to apply equitable tolling and prisoners should not rely on this possibility.
40/
33. Wilson v. Garcia (1985) 471 U.S. 261, 266 [105 S.Ct. 1938; 85 L.Ed.2d 254]; Vaghan v
Grijslva (9th Cir. 1991) 927 F.2d 476.
34. Code of Civil Procedure § 335.1.
35. Code of Civil Procedures § 352.1; Martinez v. Gomez (9th Cir 1998) 137 F.3d 1124
(tolling applies to prisoners serving life with possibility of parole). There is no tolling of the time
limit for prisoners sentenced to life without parole (LWOP); they must file within two years. It is
not clear whether tolling applies to prisoners serving death sentences.
36. Code of Civil Procedure § 352.1(b) and (c). See also Govt. Code § 945.6(c).
37. Brown v. Valoff (9th Cir.2005) 422 F.3d 926, 942–943.
38. Marsh v. San Diego County (S.D. Cal. 2006) 432 F.Supp.2d 1035, 1055-1056.
39. Code of Civil Procedure § 352; City of Huntington Park v. Superior Court (1995) 34
Cal.App.4th 1293, 1300 [41 Cal.Rptr.2d 68].
40. Jones v. Blanas (9th Cir. 2004) 393 F.3d 918, 928; see Wade v. Ratella (S.D. Cal. 2005)
407 F.Supp.2d 1196, 1205-1206; Fink v. Shedler (9th Cir. 1999) 192 F.3d 91.
11
For federal case filing deadlines, documents are deemed filed on the day a prisoner
delivers them to prison authorities or places them in the prison mail system for mailing to the
court
41/
A federal civil rights lawsuit can be filed in either state or federal court. Federal court is
usually the better choice, as federal courts have more experience dealing with federal civil rights
suits, better understanding of the special rules that apply to prisoner lawsuits, and established
forms and procedures for prisoner cases. Also, although a prisoner who files a federal civil rights
lawsuit does not have a right to be represented by an attorney, in federal court a prisoner can try
to convince the court that there are “exceptional circumstances” such that the court should ask a
lawyer to take the case.
42/
Some federal courts have panels of attorneys who will consider taking
prisoner cases on referral by the court.
There are four federal court districts in California (Central, Eastern, Northern and
Southern). As a general rule, a prisoner should file a federal civil rights case in the U.S. District
Court covering the district in which the harm occurred. Attached to this letter is a list of the
federal district courts and their addresses, which also states which prisons are located in each
district.
Each federal court district has its own form and instructions for filing a civil rights
complaint. Prisoners can find these forms in the prison law library or obtain the forms by
sending a request to the clerk of the federal district court. The federal district courts also have
forms and instructions available on their websites.
There is a $400 fee for filing a federal civil rights complaint, but prisoners who have no
money can proceed without paying the fee by filing a request to proceed “in forma pauperis” and
providing a certified trust account statement. The form for request can be obtained from the
prison law library, the court clerk, or the court website.
43/
Once a complaint is filed, the prisoner or the prisoner’s attorney must take further steps to
pursue the lawsuit by seeking discovery, opposing any motions for dismissal or summary
judgment that are filed by the defendants, and working toward bringing the case to trial or
settlement. Litigating a lawsuit is difficult, and requires gathering and organizing evidence and a
thorough understanding of the rules of civil procedure and the local rules of the court. A useful
manual with information on federal civil rights lawsuits is Protecting Your Health and Safety
(2009) by the Southern Poverty Law Center; order at www.prisonlegalnews.org/store/ or send a
check or money order for $16 to Prison Legal News, PO Box 2420, West Brattleboro, VT 05303
41. Houston v. Lack (1988) 487 U.S. 266, 270 [108 S.Ct. 2379; 101 L.Ed.2d 245]; Caldwell
v. Amend (9th Cir. 1994) 30 F.3d 1199, 1202; see also Faile v. Upjohn (9th Cir. 1993) 988 F.2d
985, 988.
42. 28 U.S.C. § 1915(d).
43. 28 U.S.C. § 1915(a). Even if a prisoner proceeds “in forma pauperis,” the prisoner will
have to make partial payments toward the filing fee if he or she has or gets any money. 28 U.S. §
1915(b).
12
or. Another good source of information is the Jailhouse Lawyer’s Handbook (2010); download
this book for free at www.nlg.org/publications/jailhouse-lawyers-handbook or send a request to
the National Lawyers Guild, 132 Nassau St., Rm. 922 New York, NY 10038
III. STATE TORT LAWSUITS
A. WHO CAN BE SUED IN A STATE TORT LAWSUIT
As with federal civil rights lawsuits, a person who is filing a state tort lawsuit is called the
“plaintiff” and a person who is being sued is called a “defendant.” Also, the same general rule
applies that the prisoner should sue every state employee or state contractor who caused the
injuries or damages (see Section II.A, above, for an example). For state tort law claims,
prisoners do not have to state that they are suing the defendant in any particular “capacity.”
Public employees like correctional officers, prison administrators, and prison medical
staff may be sued for their negligent or intentional wrongful acts except when the law specifically
creates an exception. Some situations in which public employees are immune to lawsuits are as
follows:
• A public employee cannot be sued for money damages for injury caused by the
failure to furnish or obtain medical care for a prisoner unless the employee knows
or has reason to know that the prisoner is in need of immediate medical care and
fails to take reasonable action to summon such medical care. However, this rule
does not bar a malpractice suit against a health care professional.
44/
• A public employee cannot be sued for money damages for injuries caused by
diagnosing or not diagnosing mental illness or addiction or for administering a
prescribed mental health treatment. However, a public employee may be liable for
injury caused by wrongdoing in prescribing a treatment or administering a
prescribed treatment.
45/
• A public employee is not liable for any injury resulting from a decision to deny or
revoke parole or setting a parole condition,
46/
or from decisions that are the
exercise of official discretion.
47/
44. Government Code § 845.6.
45. Government Code § 855.8; Johnson v. County of Los Angeles (1983) 143 Cal.App.3d 298
[191 Cal.Rptr. 704] (discussing difference between failure to summon care and failure to provide
treatment in suicide).
46. Gov Code 845.8; see Leyva v. Nielsen (2000) 83 Cal.App.4th 1061 [100 Cal.Rptr.2d
231].
47. Government Code § 820.2.
13
Under California law, the State of California itself and state agencies like the CDCR are
usually “immune” from state tort liability for injuries to prisoners.
48/
The state is also immune
from liability for an injury resulting from a parole unsuitability or revocation decision or a parole
condition.
49/
There are some exceptions. The State or the CDCR can be sued for money damages
under state tort law if the suit is for one of the following types of claims:
• Failure to summon medical care when there is, or should be, knowledge of a need
for immediate medical care.
50/
• Intentional and unjustifiable interference with the right to get judicial review of
the legality of confinement. However, a court must have already determined that
the confinement was illegal.
51/
• Most motor vehicle injuries.
52/
• Injuries from participating in biomedical or behavioral research.
53/
• Damage suffered due to a breach of a contract.
54/
• Liability arising from the Worker’s Compensation law.
55/
• Claims for only non-monetary (injunctive or declaratory) relief.
56/
48. Government Code § 844.6(a). The immunity does not apply to injuries to parolees,
Fearon v. California Dept. of Corrections (1984) 162 Cal.App.3d 1254 [209 Cal.Rptr. 309].
49. 845.8; Torres v. California Dept. of Corrections and Rehabilitation (2013) 217
Cal.App.4th 844 [158 Cal.Rptr. 3d 876].
50. Government Code §§ 844.6(a) and 845.6; Watson v. California (1993) 21 Cal.App.4th
836 [26 Cal.Rptr.2d 262 (liability limited to serious and obvious conditions); Lucas v. County of
Los Angeles (1996) 47 Cal.App.4th 277 [54 Cal.Rptr.2d 655]; Castaneda v. California Dept. of
Corrections and Rehabilitation (2013) 212 Cal.App.4th 1051, 1072-1074 [151 Cal.Rptr.3d 648
(duty to summon medical care did not require consultation with specialist after diagnosis).
51. Government Code § 844.6(a) and § 845.4.
52. Government Code § 844.6(b).
53. Penal Code § 3524.
54. Government Code §§ 844.6(a) and 814.
55. Government Code §§ 844.6(a) and 814.2.
56. Government Code §§ 844.6(a) and 814.
14
B. ISSUES THAT MAY BE RAISED IN A STATE TORT LAWSUIT
A prison or parole official can be sued for money damages under state law if the official's
wrongful or negligent act or failure to act causes injury or harm to a prisoner.
57/
For example, an
officer who uses excessive force can be sued under state tort law for assault and battery, and an
officer whose carelessness causes a prisoner to suffer harm can be sued under state law for
negligence. This kind of lawsuit is known as a state "personal injury" or "tort" action. There are
many different types of claims that can be raised, each with its own legal standard.
In any tort case, the plaintiff must show that the defendant acted with a particular mental
state, such as intentionally or negligently; the mental state that must be shown depends on the
type of tort being alleged. Prisoners do not have to show any greater degree of harm or any
greater level of malicious intent than non-prisoner tort plaintiffs.
California also has its own civil rights law, called the Bane Civil Rights Act. Under the
Act, a plaintiff can sue for damages if the defendant used threats of violence, intimidation or
coercion to prevent the plaintiff from doing something he or she had the legal right to do or to
force the plaintiff to do something that he or she was not legally required to do.
58/
There are no special limits regarding damages awards in prisoner cases.
A good starting point for researching state tort law is Witken’s Summary of California
Law.
C. PROTECTING THE RIGHT TO FILE A STATE TORT LAWSUIT
1. Administrative Appeal
Prisoners who want to file state tort lawsuits must exhaust administrative remedies by
completing an administrative appeal process (CDCR 602, 602-HC, or 1824 or BPH 1074,
depending on the issue being raised) prior to filing a state tort lawsuit, even where the relief
sought is money damages.
59/
More information on administrative appeals is available in The
California State Prisoners Handbook (4th Ed. 2008 and 2014 Supplement) or in a free letter
available on request from the Prison Law Office or at www.prisonlaw.com.
2. Government Claim
A plaintiff must present a written government claim to the Department of General
Services Office of Risk and Insurance Management (ORIM) before filing a state tort lawsuit
57. Government Code § 844.6(d).
58. Civil Code § 52.1.
59. Wright v. California (2004) 122 Cal.App.4th 659 [19 Cal.Rptr.3d 92].
15
against the state or a state official or employee.
60/
If a government claim has not been filed, a
court will dismiss any state tort action against prison officials.
For claims related to death or injury of a person or damage to personal property, the
envelope containing the claim must be postmarked no later than six months after the accrual of
the cause of action (the date on which the harm was caused or discovered).
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There is a special
procedure for asking ORIM to accept a late claim, which is discussed in Section III. C.3, below.
The ORIM has a standard claim form that prisoners should use; the form and instructions
are attached to this letter. The form and instructions may also be available in the prison law
library or on the ORIM website at www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx. The
claim must be signed and sent along with any supporting documents to the Government Claims
Program, Office of Risk and Insurance Management, Department of General Services, P.O. Box
989052, MS 414, West Sacramento, CA 95798. It is also a good idea to send an additional copy
of the claim, a pre-addressed stamped return envelope, and a letter requesting that ORIM return a
file-stamped copy of the claim for the prisoner’s records. In addition, a prisoner should keep copy
of the claim when it is sent, in case the original is lost in the mail or in processing.
There is a $25 fee for filing a government claim. However, the fee may be waived (not
charged) if a prisoner is unable to pay it. A form for requesting a fee waiver is included in the
attached forms, and may also be obtained from the prison law library or the ORIM website. The
prisoner will also have to attach a certified copy of his or her trust account balance sheet to the
waiver form. Either the fee payment or a completed fee waiver form should be sent with the
government claim form.
If the prisoner does not properly fill our the government claim form, files the claim form
late, or does not submit the proper fee or fee waiver request, the ORIM must give the prisoner
notice of the defect and may allow the defect to be corrected. If the ORIM does not give notice of
the defect, it cannot argue in court that the prisoner did not follow the correct government claims
process.
62/
60. Government Code §§ 945.4 and 950.2. The office responsible for processing these claims
has changed several times; previously it was the State Board of Control, and then the Victim
Compensation and Government Claims Board.
61. Government Code §§ 911.2 and 901. For other types of claims, the claims must be filed
no later than a year after the incident. These deadlines are not extended just because a person is
in prison or on parole. Government Code § 945.6(c); see also Torres v. CDCR (2013) 217
Cal.App.4th 844 [158 Cal.Rptr.3d 876]. Also, since CDCR administrative appeals can take a
long time, it is not necessary to complete the administrative appeal process before filing a
government claim.
62. Government Code §§ 910.4, 910.6, 910.8, 911.3, 911.4; Sykora v. Department of State
Hospitals (2104) 225 Cal.App.4th 1538 [171 Cal.Rptr.3d 583].
16
The ORIM should act on the claim within 45 days.
63/
Sometimes, the ORIM does not
formally deny a claim or does not send out a notice of denial; in such cases, the claim is
considered to be denied as of 45 days after it was presented to the ORIM.
64/
The ORIM routinely denies all claims for damages arising from personal injuries, so a
prisoner should not get discouraged if a claim is rejected. Even though the ORIM is likely to
deny the government claim, it is still necessary to file a claim before filing a state tort lawsuit.
3. Late Government Claim
If the six-month deadline for filing an ORIM government claim has passed, a prisoner can
apply for permission to file a late claim. A request to file a late claim is made by sending a
completed government claim form to the ORIM along with a letter explaining why the claim was
not filed on time.
65/
The prisoner must present the request for permission to file a late claim
within a reasonable time, and no later than one year after the decision or action being challenged
or the discovery of the harm.
66/
Mere ignorance of the six months time limit is usually not a sufficient excuse for missing
the deadline for filing a government claim.
67/
However, the ORIM must allow a late claim in
certain circumstances, such as when:
• Failure to present the claim on time was through mistake, inadvertence, surprise or
excusable neglect and the state was not prejudiced by the failure to present the
claim on time.
• The person who had the injury, loss, or damage failed to present a claim on time
because he or she was physically or mentally incapacitated during all of the six
month period.
• The person who suffered the injury was a minor during all of the six-month period.
• The person who suffered the injury died before the period ran out.
68/
63. Government Code § 912.4.
64. Government Code § 912.4(c).
65. Government Code § 911.4(a).
66. Government Code § 911.4(b).
67. See Harrison v. County of Del Norte (1985) 168 Cal.App.3d. 1 [213 Cal. Rptr. 658];
Torbitt v. Fearn (1984) 161 Cal.App.3d 860 [208 Cal.Rptr. 1].
68. Government Code § 911.6(b); Draper v. City of Los Angeles (1990) 52 Cal.3d 502 [276
Cal.Rptr. 864] (relief from untimely filing granted where plaintiff unconscious and brain-
damaged throughout time frame).
17
The ORIM must act on a request for permission to file a late claim within 45 days after
the request is presented.
69/
If the ORIM grants the request, the government claim is considered to
have been filed as of the day that permission to file a late claim was granted.
70/
If the ORIM does
not act on the request for permission to file a late claim, the request is considered to be denied as
of the end of the 45-day period.
71/
A prisoner can challenge the ORIM’s denial of a request for permission to file a late
claim by filing a petition in the superior court for the county where the lawsuit would be filed.
72/
The petition must state that a late claim application was made to the ORIM and was denied, give
the reasons for the late filing of the claim, and state all facts relating to the underlying claim. The
petition must be filed within six months after the date that the request for permission to file a late
claim was denied or deemed denied by the ORIM.
73/
Copies of the petition and a written notice of the time and place for a hearing on the
petition must be served on the Attorney General either (1) through personal service at least 16
days before the hearing or (2) by mail at least 21 days before the hearing.
74/
If the prisoner cannot
get a hearing date before serving the notice and petition, the prisoner can file those documents in
the court along with a request that the court set a hearing and notify the parties of the date.
A court considering a petition to file a late claim must resolve any doubts in favor of
granting permission for the case to proceed.
75/
If the court grants the petition, the state tort action
must be filed within 30 days after the order.
76/
If relief is denied, no state tort action may be filed;
however, denial of the petition can be appealed to the state Court of Appeal. More information
69. Government Code § 911.6(a).
70. Government Code § 912.2.
71. Government Code § 911.6(c).
72. Government Code § 946.6(a).
73. Government Code § 946.6(b);
74. Government Code § 946.6(d); Code of Civil Procedure § 1005 (b).
75. Greene v. California (1990) 222 Cal.App.3d 117 [272 Cal.Rptr. 52]; Bettencourt v. Los
Rios Community College District (1986) 42 Cal.3d. 270 [228 Cal. Rptr. 190]; Ebersol v. Cowan
(1983) 35 Cal.3d. 427 [197 Cal.Rptr. 601]; Renteria v. Juvenile Justice, Department of
Corrections and Rehabilitation (2006) 135 Cal.App.4th 903 [37 Cal.Rptr.3d 777] (granting
permission to file a late claim after attorney’s secretary mistakenly erased the filing deadline
from the attorney’s calendar).
76. Government Code § 946.6(f).
18
and the form for filing a notice of appeal is available in a free letter on request from the Prison
Law Office or on the Resources page at www.prisonlaw.com.
4. Notice of Medical Malpractice Suit
In addition to completing an administrative appeal and a government claim, a plaintiff
who wants to bring a medical malpractice case against a health care provider must give the
defendant notice of the intention to sue no less than 90 days before filing the lawsuit.
77/
D. FIRST STEPS IN FILING A STATE TORT LAWSUIT
If the ORIM sends a notice denying the government claim, the prisoner will have six
months from the date the notice was placed in the mail to file a state tort lawsuit.
78/
However, any
time needed to complete the CDCR administrative appeal process past the time that the ORIM
claim is denied does not count toward the six month deadline for filing a state tort lawsuit.
79/
If the ORIM does not send out a notice of its action or if the ORIM does not act on the
government claim, then any state tort action must be filed within two years of the date of the
decision or action being challenged.
80/
The “mailbox rule” applies, which means that a prisoner’s pro se state tort complaint (the
legal document which begins the lawsuit) is deemed filed on the date that it is properly delivered
to prison officials for mailing (rather than on the date it is actually received by the court).
81/
The state tort complaint must say that the claim was presented to the ORIM and denied.
The California courts have standards forms for filing state tort law actions for personal
injuries. The forms may be available from the prison law library, the county court clerk, the
77. Code of Civil Procedure § 364.
78. Government Code § 945.6(a)(1). The six month time period means either six calendar
months or 182 days, whichever is longer. Gonzales v.County of Los Angeles (1988) 199
Cal.App.3d 601 [245 Cal.Rptr. 112].
79. Wright v. California (2004) 122 Cal.App.4th 659 [19 Cal.Rptr.3d 92].
80. Government Code § 945.6(a)(2). Imprisonment does not toll or extend the timeline for
filing a state tort law claim for money damages against a public entity. Code of Civil Procedure
§ 352.1(b). However, a prisoner’s state tort complaint is timely filed if it is delivered to prison
officials for mailing on or before the filing due date. Moore v. Twomey (2004) 120 Cal.App.4th
910 [16 Cal.Rptr.3d 163].
81. Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106 [92 Cal.Rptr.3d 595]; see
also Shufelt v. Hall (2008) 163 Cal.App.4th 1020 [77 Cal.Rptr.3d 900];
Moore v. Twomey (2004)
120 Cal.App.4th 910 [16 Cal.Rptr.3d 163].
19
county court website. The California courts website (www.courts.ca.gov/) also has many useful
court forms on its Forms and Rules pages. These forms usually include a complaint for personal
injury, property damage, or wrongful death, cause of action pleadings, a summons, and a civil
cover sheet. There is also a form that a prisoner can use to ask permission to proceed without
payment of court fees.
As with federal civil rights cases, it is very difficult for a prisoner to bring a state tort
lawsuit to trial or settlement. Books that describe the procedures for filing, serving, and
prosecuting a state court lawsuit include the Continuing Education of the Bar (C.E.B.)
publications Civil Procedure Before Trial, California Civil Discovery Practice, and Civil
Procedure During Trial, 2100 Franklin Street, Suite 500, Oakland, CA 94612 or www.ceb.com.
Anyone bringing a state tort lawsuit should also become familiar with the local court rules.
IV. WHICH TYPE OF LAWSUIT SHOULD I FILE AND IN WHAT COURT?
This letter has described the two main types of money damages suits that prisoners can
bring. Prisoners should always take the initial steps to preserve their rights to sue under both
federal and state law by filing a timely CDCR administrative appeal and a timely ORIM
government claim. However, a prisoner must eventually decide which type of legal claims to
make and where the lawsuit should be filed. The decision will rest on the facts of the individual
case, as well as other factors such as which court is most likely to give the prisoner a fair hearing.
To summarize, the options for bringing a money damages lawsuit are as follows:
• Cases raising federal law claims only: A claim under the federal civil rights act
can be brought only if a prison official violated a federal law. A prisoner must
exhaust available CDCR administrative appeals before filing. For most prisoners,
the case must be filed within four years. The lawsuit can be filed in either state or
federal court, but prisoners will almost always be better off filing in federal court.
There are four federal court districts in California, and the general rule is that a
lawsuit should be filed in the district that covers the region where the unlawful act
or decision occurred.
• Cases raising state law claims only: If there was no violation of a federal right,
then the only type of action that the prisoner can bring is a case for negligence or a
wrongful act under state law. The prisoner must exhaust CDCR administrative
remedies and file an ORIM government claim. The lawsuit should be filed within
six months after a notice of decision from the ORIM or, if there is no formal
notice of decision, then within two years after the date of the action or decision
20
being challenged. The lawsuit must be filed in state superior court in the county
where the unlawful act or decision occurred.
82/
• Cases raising both federal and state law claims: Where the same wrongful action
or decision of prison officials or staff violated both federal and state law, a
prisoner can bring both types of claims in a federal civil rights lawsuit. Indeed,
under the legal principle of "res judicata," all claims arising out of an incident
should be raised in a single lawsuit; otherwise, the right to raise some of the
claims may be forfeited. A federal civil rights lawsuit raising both federal and
state law claims should be filed within the time limit for the state law claim –
within six months after a notice of decision from the ORIM or, if there is no
formal notice of decision, then within two years after the date of the action or
decision being challenged. The lawsuit can be filed in either state or federal court,
but federal court is usually the better choice.
In addition to asking for money damages, a prisoner who is filing a federal civil rights
lawsuit or a state tort lawsuit may also want to seek “injunctive relief,” which is a court order
requiring prison officials to do something or stop doing something (for example, provide medical
treatment or stop segregating a prisoner as a gang member). Prisoners who want injunctive relief
should consider the following points:
• A prisoner who is a bringing federal civil rights claim for money damages can ask
for injunctive relief in the same case.
• A prisoner who is bringing a state tort law claim requesting money damages can
also ask for injunctive relief. However, any action seeking injunctive relief based
on a violation of state law must be filed in state court.
• A prisoner can also file a federal civil rights case or a state tort law case asking for
only injunctive relief. However, a state court habeas corpus petition is a much
simpler, easier, and speedier way for a prisoner to ask for injunctive relief based
on federal and/or state law grounds. Thus, a prisoner who wants only injunctive
relief should consider filing a state court petition for writ of habeas corpus instead
82. Claims for up to $10,000 can be filed in small claims court, which offers a simpler and
speedier way to resolve personal injury and property loss disputes. The Prison Law Office can
provide information on the small claims court process upon request or on the Resources page at
www.prisonlaw.com.
21
of a federal civil rights or state tort case.
83/
A free manual on state habeas corpus
petitions is available upon request from the Prison Law Office or on the
Resources page at www.prisonlaw.com.
Attached is a list of the state and federal courts
for California, and the prisons in each court district.
More information on prisoners’ rights, federal civil rights suits and state tort law suits can be
found in The California State Prisoners Handbook (4th Ed. 2008 and 2014 Supplement). This
book is available in many prison law libraries. The book can also be ordered by a prisoner or for
shipping to a prisoner by sending $40 and shipping instructions to Reach360 Fulfillment, 440
Tescani Circle, Santa Rosa, CA 95401. The price of the Handbook for non-prisoners is $182.00.
Payment is accepted by check, money order or credit card. Additional information on ordering
the book can be obtained by writing to the Prison Law Office, General Delivery, San Quentin,
CA 94964 or visiting www.prisonlaw.com.
83. Note that a person who challenges prison conditions via a state habeas corpus action, and
loses following a reasoned denial on the merits by the state court, will be barred from bringing a
§ 1983 lawsuit challenging the state court’s decision on the same issues. Allen v. McCurry
(1980) 449 U.S. 90, 102-103 [101 S.Ct. 411; 66 L.Ed.2d 308]; Silverton v. Dept. of Treasury (9th
Cir. 1981) 644 F.2d 1341, 1345-1347; Sperl v. Deukmejian (9th Cir. 1981) 642 F.2d 1154, 1155.
The government has the burden of showing that the claim was previously litigated in state court.
Harris v. Jacobs (9th Cir. 1980) 621 F.2d 341, 343-344; Gonzales v. California Department of
Corrections (9th Cir. 2014) 739 F.3d 1226, 1231. The bar should not apply if the challenge is not
to the prior state court decision but to the constitutionality of the state statute or rule governing
the decision. Skinner v. Switzer (2011) 562 U.S. 521, 533-534 [131 S.Ct. 1289; 179 L.Ed.2d
233]; compare with Cooper v. Ramos (9th Cir. 2012) 704 F.3d 772, 780-781 (federal court will
not hear § 1983 claim that is actually an attack on state court’s application of the state statute).
22
Government Claims Program
Of
fice of Risk and Insurance Management
Department of General Services
PO Box 989052, MS 414
West Sacramento,CA
95789-9052
1-800-955-0045 ▪ www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx
Information and Instructions
Filing Fee for Government Claims Program
Beginning August 17, 2004, anyone wishing to file a government claim for money or damages against the state
must pay a $25 filing fee unless the person qualifies for a fee waiver. (Gov. Code, § 905.2(b).)
To request a fee waiver, you must fill out the attached
Affidavit for Waiver of Government Claims Filing Fee and Financial Information Form.
Step
Instructions for filling out each step on the attached form. The form begins on page 3 of this packet.
On the attached form, provide the full name of the person requesting the fee waiver.
Provide a daytime telephone number.
If you already have a claim number and you know what it is, write it in this space.
Provide complete contact information for your employer and your spouse’s employer, if applicable.
If you are an inmate in a correctional facility, please a
ttach a certified copy of your trust account balance,
provide your Inmate Identification Number, and skip to steps and and complete them.
Complete this section if you are receiving financial assistance under Supplemental Security Income (SSI),
State Supplemental Payments Programs (SSPP), CalWORKS, food stamps, county relief, general relief (GR)
or general assistance (GA).
If you answered yes in this category check all types of assistance you get, then complete step . You are
finished.
If you checked no, continue to step .
Find the number of people in your household and check the box only if your total monthly household income
is less than the amount shown. For instance, if there are five people in your household and the total monthly
household income is less than $2,294.79 or less check E. If there are more than 8 people in your household,
calculate the income limit by adding $331.25 for each additional person to the income level for an eight-person
household. List the number of people in your household and total household income in I.
If you checked any box in this step, complete steps through then skip to step .
If you cannot pay for the common items needed for daily life, such as food, shelter, medical care and personal
safety for you and your household members, check yes in this category.
If you check yes to this question, fill in steps through .
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
Government Claims Program Fee Waiver Request Packet
DGS ORIM 05 (Rev. 05/2016)
What is your gross monthly pay, before any payroll deductions?
If your income changes each month, the amounts you report should be an average for the past twelve
months.
Enter the number of persons living in your home who depend on you in whole or in part for support, or on
whom you depend in whole or in part for support. List their name, age, relationship to you, and their monthly
income in A through F.
List all other money you get each month. Specify the source and amount. Include spousal support, child
support, parental support, support from outside the home, scholarships, retirement or pensions, social
security, disability, workers’ compensation, unemployment, military basic allowance for quarters (BAQ),
veterans payments, dividends, interest or royalty, trust income, annuities, net business income, net rental
income, reimbursement of job-related expenses, and net gambling or lottery winnings.
Add
A through F to find your total other income each month.
Add (your gross monthly income) plus (your total other income) to find your total monthly income.
Add (your gross monthly income), plus A through F (other household members’ income) and (your
total other income) to find your total gross monthly household income.
List all your payroll deductions. Payroll deductions include items like state and federal taxes, social security
(FICA), Medicare, health insurance and retirement contributions
Add
A through H to determine your total monthly payroll deductions.
Subtract
(total payroll deductions) from (gross monthly pay) to find your take home pay.
Add (your take home pay) to (your total other income) to find your net monthly income.
List all the property you own or have an interest in. If you have other personal property such as jewelry,
furniture, furs, stocks, or bonds, list them separately on another piece of paper.
List all your monthly expenses. Use additional paper if needed. In J specify what your installment payments
are for, such as a credit card or bank loan. In K specify what the wage assignment, earnings withholding, or
garnishment is for.
Add A through M to determine your monthly expenses.
If you answer yes to this question, make sure that your name or your claim number is on each sheet you
attach.
Sign and date the form in this space.
Mail this form to: Government Claims Program, P.O. Box 989052, MS 414, West Sacramento, CA
95789-9052. Forms can also be delivered to the Office of Risk and Insurance Management, 707 3rd street,
1st Floor ORIM, West Sacramento, CA 95605. Call the Government Claims Program at 1-800-955-0045 if
you have any questions.
State of California
For Office Use Only
AFFIDAVIT FOR WAIVER OF GOVERNMENT CLAIMS
FILING FEE AND FINANCIAL INFORMATION FORM
Government Claims Program
Office of Risk and Insurance Management
Department of General Services
PO Box 989052, MS 414
West Sacramento,CA 95789-9052
1-800-955-0045 ▪ www.dgs.ca.gov/orim/Programs/GovernmentClaims.aspx
Claim No.:
I request a fee waiver so that I do not have to pay the $25 fee to file a government claim with
the Government Claims Program. I cannot pay any part of the fee.
Claimant Information
Tel:
Last name First Name MI
Claim Number (if known):
Employment Information
My occupation:
My employer:
Employer’s Mailing Address City State Zip
My spouse’s or partner’s employer:
Employer’s Mailing Address City State Zip
If you are an inmate in a correctional facility, please attach a certified copy of your trust account balance,
enter your inmate identification number below and skip to step .
Inmate Identification Number:
Financial Information
I am receiving financial assistance from one or more of the following programs.
Yes
No
If no, proceed to step
If yes, check all that apply, then skip to step .
SSI and SSP: Supplemental Security Income and State Supplemental Payments Programs
CalWORKS: California Work Opportunity and Responsibility to Kids Act
Food Stamps
County Relief, General Relief (GR), or General Assistance (GA)
Number in my household and my gross monthly household income, if it is the following amount or less:
Number Monthly family income Number Monthly family income
A
1 $969.79
F
6 $2,626.04
B
2 $1,301.04
G
7 $2,957.29
C
3 $1,632.29
H
8 $3,288.54
D
4 $1,963.54
I
There are more than 8 people in my family
E
5 $2,294.79 Add $331.25 for each additional person.
Number: Total Income:
If you checked a box in step
A through I, complete steps through . Then skip to step .
My income is not enough to pay for the common necessities of life for me
and the people in my family, and also pay the filing fee.
Yes
No
If yes, fill in steps
through .
Monthly Income and Expenses
My gross monthly pay is: $ My income changes each month:
Yes
No
Number of persons living in my
home:
Other money I get each month
Name Age Relationship Monthly Income Source:
A
$
A
$
B
$
B
$
C
$
C
$
D
$
D
$
E
$
E
$
F
$
F
$
My total gross monthly household income: $
Total other money:
$
My payroll deductions are:
My monthly income:
$
A
$
E
$
B
$
F
$
C
$
G
$
D
$
H
$
My total payroll deduction amount is: $
My monthly take home pay is $
My net monthly income: $
I own or have interest in the following property:
A
Cash $
C
Cars, other vehicles, and boats (List make and year)
B
Checking and savings (List banks): Property Value Loan Balance
1) $ 1) $ $
2) $ 2) $ $
3) $ 3) $ $
4) $
D
Real estate (List addresses)
1) $ $
2) $ $
My monthly expenses are:
A
Rent or house payment $ J Installment payments (specify)
B
Food and household supplies $ 1) $
C
Utilities and telephone $ 2) $
D
Clothing $ 3) $
E
Laundry and cleaning $ Total installment payments: $
F
Medical and dental $
K
Wage assignment or withholdings $
G
Insurance $
L
Spousal or child support $
H
School, child care $
M
Other:
I
Transportation and auto expenses $ 1) $
2) $
Total other expenses: $
Total monthly expenses: $
I have attached other information that supports this application on a
separate sheet.
Yes No
Signature Section
I declare under penalty of perjury under the laws of the state of California that the information on this form and all the
attachments is true and correct.
Signature of Claimant
Date
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Clear Form
0.00
0.00
Print Form
CALIFORNIA STATE AND FEDERAL COURTS
(and state prisons in those court districts)
(updated March 2017)
California State Superior Courts
Alameda County Superior Court
1225 Fallon Street
Oakland, CA 94612
Alpine County Superior Court
14777 State Route 89
PO Box 518
Markleeville, CA 96120
Amador County Superior Court
500 Argonaut Lane
Jackson, CA 95642
Mule Creek State Prison
Butte County Superior Court
One Court Street
Oroville, CA 95965
Calaveras County Superior Court
400 Government Center Drive
San Andreas, CA 95249
Colusa County Superior Court
532 Oak St.
Colusa, CA 95932
Contra Costa County Superior Court
725 Court Street
Martinez, CA 94553-1233
Del Norte County Superior Court
450 H Street, Room 209
Crescent City, CA 95531
Pelican Bay State Prison
El Dorado County Superior Court
495 Main Street
Placerville, CA 95667
Fresno County Superior Court
1100 Van Ness
Fresno, CA 93724-0002
Pleasant Valley State Prison
State and Federal Court List (March 2017) --1
Glenn County Superior Court
526 West Sycamore Street
Willows, CA 95988
Humboldt County Superior Court
825 Fifth Street
Eureka, CA 95501
Imperial County Superior Court
939 West Main Street
El Centro, CA 92243
Calipatria State Prison, Centinela State Prison
Inyo County Superior Court
168 North Edwards Street
Independence, CA 93526
Kern County Superior Court
1415 Truxtun Avenue
Bakersfield, CA 93301
Cal. Correctional Institution, Kern Valley State Prison, North Kern State Prison, Wasco State Prison
Kings County Superior Court
1640 Kings County Drive
Hanford, CA 93230
Avenal State Prison, CSP-Corcoran, Substance Abuse Treatment Facility
Lake County Superior Court
255 North Forbes Street
Lakeport, CA 95453
Lassen County Superior Court
2610 Riverside Drive
Susanville, CA 96130
California Correctional Center, High Desert State Prison
Los Angeles County Superior Court (main criminal)
210 W. Temple St.
Lancaster, CA 90012
CSP-Los Angeles County
Madera County Superior Court
200 South G Street
Madera, CA 93637
Central California Women’s Facility, Valley State Prison
Marin County Superior Court
3501 Civic Center Dr.
PO Box 4988
San Rafael, CA 94913
CSP-San Quentin
State and Federal Court List (March 2017) --2
Mariposa County Superior Court
5088 Bullion Street, PO Box 28
Mariposa, CA 95338-0028
Mendocino County Superior Court
100 North State Street, Rm 108
Ukiah, CA 95482
Merced County Superior Court
2260 N Street
Merced, CA 95340-3744
Modoc County Superior Court
205 South East Street
Alturas, CA 96101
Mono County Superior Court (south county) or Mono County Superior Court (north county)
PO Box 1037 PO Box 537
Mammoth Lakes, CA 93546 Bridgeport, CA 93517
Monterey County Superior Court (criminal)
240 Church St
Salinas, CA 93901
Correctional Training Facility, Salinas Valley State Prison
Napa County Superior Court
825 Brown Street
Napa, CA 94559
Nevada County Superior Court
201 Church Street, Suite 7
Nevada City, CA 95959
Orange County Superior Court (criminal)
P.O. Box 1138
Santa Ana, CA 92702
Placer County Superior Court
10820 Justice Center Dr.
P.O. Box 619072
Roseville, CA 95661
Plumas County Superior Court
520 Main Street, Room 104
Quincy, CA 95971
Riverside County Superior Court (criminal)
4100 Main St
Riverside, CA 92501
California Rehabilitation Center, Chuckawalla Valley State Prison, Ironwood State Prison
State and Federal Court List (March 2017) --3
Sacramento County Superior Court
720 9th Street
Sacramento, CA 95814
CSP-Sacramento, Folsom State Prison
San Benito County Superior Court
440 5th Street
Hollister, CA 95023
San Bernardino County Superior Court
247 West Third Street
San Bernardino, CA 92415
California Institution for Men, California Institution for Women
San Diego County Superior Court
220 W. Broadway
San Diego, CA 92101
Richard J. Donovan Correctional Facility
San Francisco County Superior Court (criminal)
850 Bryant Street
Francisco, CA 94103
San Joaquin County Superior Court
222 East Weber Avenue #303
Stockton, CA 95202
Deuel Vocational Institution, California Health Care Facility
San Luis Obispo County Superior Court
1035 Palm Street, Room 385
San Luis Obispo, CA 93408
California Men’s Colony
San Mateo County Superior Court
400 County Center
Redwood City, CA 94063
Santa Barbara County Superior Court
PO Box 21107
Santa Barbara, CA 93121
Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
Santa Cruz County Superior Court
701 Ocean Street
Santa Cruz, CA 95060
State and Federal Court List (March 2017) --4
Shasta County Superior Court
1500 Court Street
Redding, CA 96001
Sierra County Superior Court
100 Courthouse Square
PO Box 476
Downieville, CA 95936
Siskiyou County Superior Court
311 4th St.
P.O. Box 1026
Yreka, CA 96097
Solano County Superior Court
600 Union Avenue
Fairfield, CA 94533
California Medical Facility, CSP-Solano
Sonoma County Superior Court
600 Administration Drive, #107J
Santa Rosa, CA 95403
Stanislaus County Superior Court
PO Box 3488
Modesto, CA 95353
Sutter County Superior Court
1175 Civic Center Blvd.
Yuba City, CA 95993
Tehama County Superior Court
445 Pine Street
PO Box 170
Red Bluff, CA 96080
Trinity County Superior Court
11 Court Street
PO Box 1258
Weaverville, CA 96093
Tulare County Superior Court
221 S. Mooney, Room 303
Visalia, CA 93291
Toulumne County Superior Court
41 West Yaney Avenue
Sonora, CA 95370
Sierra Conservation Center
Ventura County Superior Court
PO Box 6489
Ventura, CA 93006
State and Federal Court List (March 2017) --5
Yolo County Superior Court
1000 Main Street
Woodland, CA 95695
Yuba County Superior Court
215 Fifth Street, Suite 200
Marysville, CA 95901
California State Courts of Appeal
First District Court of Appeal
350 McAllister Street
San Francisco, CA 94102
Pelican Bay State Prison, San Quentin State Prison, California Medical Facility, CSP-Solano
Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco,
San Mateo, Solano, and Sonoma counties
Second District Court of Appeal
300 Spring Street, Floor 2, North Tower
Los Angeles, CA 90013
CSP-Los Angeles County
Los Angeles, San Luis Obispo, Santa Barbara, and Ventura counties
Third District Court of Appeal
914 Capitol Mall, 4th Floor
Sacramento, CA 95814
Mule Creek State Prison, California Correctional Center, High Desert State Prison, Folsom State Prison,
Deuel Vocational Institution; CSP-Sacramento, California Health Care Facility
Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer,
Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba
counties
Fourth District Court of Appeal, Division 1
750 B Street, Suite 300
San Diego, CA 92101
Richard J. Donovan Correctional Facility, Centinela State Prison, Calipatria State Prison
Imperial and San Diego counties
Fourth District Court of Appeal, Division 2
3389 12th Street
Riverside, CA 92501
California Institute for Women, California Institute for Men, California Rehabilitation Center,
Chuckawalla Valley State Prison, Ironwood State Prison, California Men’s Colony
Inyo, Riverside, and San Bernadino counties
Fourth District Court of Appeal, Division 3
P.O. Box 22055
Santa Ana, CA 92702
Orange County
State and Federal Court List (March 2017) --6
Fifth District Court of Appeal
2424 Ventura Street
Fresno, CA 93721
CSP-Corcoran, Substance Abuse Treatment Facility, Sierra Conservation Center, Pleasant Valley State
Prison, California Correctional Institution, Kern Valley State Prison, North Kern State Prison, Wasco
State Prison, Central California Women’s Facility, Valley State Prison, Avenal State Prison
Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne counties
Sixth District Court of Appeal
333 West Santa Clara Street, Suite 1060
San Jose, CA 95113
Correctional Training Facility, Salinas Valley State Prison
Santa Clara, Santa Cruz, Monterey and San Benito counties
California State Supreme Court
California Supreme Court
350 McAllister Street
San Francisco, CA 94102
Federal District Courts
United States District Court for the Central District,
Eastern Division
3470 Twelfth Street
Riverside, CA 92501
California Institute for Men, California Institute for Women, California Rehabilitation Center,
Chuckawalla Valley State Prison, CSP-Ironwood,
Western Division
312 North Spring Street #G-8
Los Angeles, CA 90012
CSP-Los Angeles County, California Men’s Colony
United States District Court for the Eastern District,
Sacramento Division
501 “I” Street, Suite 4-200
Sacramento, CA 95814
CSP-Solano, California Medical Facility, Mule Creek State Prison, California Correctional
Center, High Desert State Prison, Folsom State Prison, Deuel Vocational Institute, California
Health Care Facility
Fresno Division
2500 Tulare Street #1501
Fresno, CA 93721
CSP-Corcoran, Substance Abuse Treatment Facility, Sierra Conservation Center, Pleasant Valley
State Prison, Cal. Correctional Institution, Kern Valley State Prison, North Kern State Prison,
Wasco State Prison, Central Cal. Women’s Facility, Valley State Prison, Avenal State Prison
State and Federal Court List (March 2017) --7
United States District Court for the Northern District
San Francisco Division
United States District Court
450 Golden Gate Avenue
San Francisco, CA 94102-3483
Pelican Bay State Prison, San Quentin State Prison
Oakland Division
United States District Court
1301 Clay Street, Suite 400 South
Oakland, CA 94612
San Jose Division
United States District Court
280 South 1st Street
San Jose, CA 95113
Correctional Training Facility, Salinas Valley State Prison
United States District Court for the Southern District
221 W Broadway
San Diego, CA 92101
Richard J. Donovan Correctional Facility, Centinela State Prison, Calipatria State Prison
Federal Court of Appeals
Ninth Circuit Court of Appeals
U.S. Court of Appeals Building
PO Box 193939
San Francisco, CA 94119
United States Supreme Court
United States Supreme Court
1 First Street NE
Washington, DC 20543
State and Federal Court List (March 2017) --8
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Completed 9 July 2021

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