United States District Court, D. Kansas
CROW, SENIOR U.S. DISTRICT JUDGE.
brings this pro se civil rights action pursuant to
42 U.S.C. § 1983. The Court dismissed this action on
April 25, 2018. (Docs. 14, 15.) This matter is before the
Court on remand from the Tenth Circuit Court of Appeals. The
Tenth Circuit affirmed dismissal of Count One of
Plaintiff's Complaint, but held with regard to Counts Two
and Three that Plaintiff's district court filings
“suggest he may be able to amend his complaint to
address the district court's § 1997e(e)
concerns.” (Doc. 22, at 11.) The Tenth Circuit also
vacated the denial of Plaintiff's motion to amend to add
the state law tort of outrage. The Tenth Circuit also noted
that if Plaintiff files an amended complaint that satisfies
the Court's concerns about § 1997e(e), the Court
will need to address equitable tolling. Id. at 12.
Court entered an Order (Doc. 23) granting Plaintiff the
opportunity to file a complete and proper amended complaint.
Plaintiff filed a Motion for Leave to Amend (Doc. 24) on
November 15, 2018, and a subsequent Motion for Leave to Amend
(Doc. 25) on January 7, 2019. The Court will deny the motion
at Doc. 24 as moot in light of Plaintiff's subsequent
the Court will grant Plaintiff an opportunity to file an
amended complaint, the proposed amended complaint attached to
Plaintiff's motion at Doc. 25-1 is deficient. Despite
being provided with the Court's form complaint, the
proposed amended complaint is not on the Court's forms
and includes a Memorandum of Law and 110 pages of exhibits.
The proposed amended complaint sets forth two counts that are
subdivided into twelve subparts, with each listing a date and
a defendant that “did violate Jamerson's Eighth and
Fourteenth Amendments to the United States Constitution, Bill
of Rights and State of Kansas Statute K.S.A. 75-6101, Kansas
Tort Claims Act and Bill of Rights 9, for defendants failing
to.” The sentences are not complete and do not state
what each defendant failed to do. By reading the entire
document, the Court understands that Plaintiff is attempting
to assert a cause of action for defendants “falsifying
documents in order to keep Plaintiff in Solitary
Confinement.” (Doc. 25-1, at 3.) However, Plaintiff
must refer to each defendant in the body of the amended
complaint, where he must allege facts describing the
unconstitutional acts taken by each defendant including
dates, locations, and circumstances. The amended complaint
must provide enough information to allow each defendant to
answer the allegations against that defendant. The counts
must include complete sentences.
Court appreciates that Plaintiff has addressed the
Court's concerns regarding § 1997e(e) and equitable
tolling relating to Counts Two and Three of Plaintiff's
Complaint. However, Plaintiff's current proposed amended
complaint is insufficient to allow Defendants to properly
answer Plaintiff's allegations. The Court will provide
Plaintiff with the Court's forms and give Plaintiff an
opportunity to file an amended complaint. Plaintiff does
not need to resubmit his Memorandum of Law or the exhibits
attached to his proposed amended complaint at Doc. 25-1.
IS THEREFORE ORDERED BY THE COURT that
Plaintiff's Motions for Leave to Amend (Docs. 24, 25) are
IS FURTHER ORDERED that Plaintiff is granted until
February 8, 2019, in which to file a
complete and proper amended complaint as set forth herein.
clerk is directed to send § 1983 forms and instructions
IS SO ORDERED.
 To add claims, significant factual
allegations, or change defendants, a plaintiff must submit a
complete amended complaint. See Fed. R. Civ. P. 15.
An amended complaint is not simply an addendum to the
original complaint, and instead completely supersedes it.
Therefore, any claims or allegations not included in the
amended complaint are no longer before the court. It follows
that a plaintiff may not simply refer to an earlier pleading,
and the amended complaint must contain all allegations and
claims that a plaintiff intends to pursue in the action,
including those to be retained from the original complaint.
Plaintiff must write the number of this case (17-3205-SAC) at
the top of the first page of his amended complaint and he
must name every defendant in the caption of the amended
complaint. See Fed. R. Civ. P. 10(a). Plaintiff
should also refer to each defendant again in the body of the
amended complaint, where he ...