by Leisha Tringali
(modified)
UNITED STATES DISTRICT COURT
DISTRICT OF ___________
ATTACHMENT 1
______________________________
)
YOUR NAME HERE, ) Civil Action No.:
)
Plaintiff )
)
vs. ) COMPLAINT AND DEMAND
) FOR JURY TRIAL
WHO ARE YOU SUING, )
)
Defendant(s) )
______________________________
JURISDICTION AND VENUE
1. This is a complaint for relief under ( example 42 U.S.C. §1983,
with pendant state claims, against individuals and state agencies, which
gives the district court original jurisdiction of any civil action
authorized by any person to redress the deprivation, under color of
state law, of any right secured by the Constitution of the United States
and to recover damages or other relief for such civil rights
violations. )
A. ) For declaratory and injunctive relief . . . . . .
Declaratory Judgment : A declaratory judgment is a judgment of a court
in a civil case that declares the rights, duties, or obligations of one
or more parties in a dispute.
Injunctive Relief: Injunctive
relief, or an injunction, is an appropriate remedy if the plaintiff is
being harmed by the defendant's actions in a way that money cannot fully
compensate for. Injunctive relief refers to an order by the court that
the defendant cease a specific behavior.
B. ) For damages . . . . . . .
Punitive Damages: Punitive damages or exemplary damages are damages
intended to reform or deter the defendant and others from engaging in
conduct similar to that which formed the basis of the lawsuit. Although
the purpose of punitive damages is not to compensate the plaintiff, the
plaintiff will in fact receive all or some portion of the punitive
damage award. Punitive damages are often awarded where compensatory
damages are deemed an inadequate remedy.
Compensatory Damages:
A sum of money awarded in a civil action by a court to indemnify a
person for the particular loss, detriment, or injury suffered as a
result of the unlawful conduct of another. In order to be awarded
compensatory damages, the plaintiff must prove that he or she has
suffered a legally recognizable harm that is compensable by a certain
amount of money that can be objectively determined by a judge or jury.
C. ) For Pendant State Claim . . . . . . .
Pendent Jurisdiction: Pendent jurisdiction is the authority of a
United States federal court to hear a closely related state law claim
against a party already facing a federal claim, described by the Supreme
Court as "jurisdiction over nonfederal claims between parties
litigating other matters properly before the court."[1] Such
jurisdiction is granted to encourage both "economy in litigation",[2]
and fairness by eliminating the need for a separate federal and state
trial hearing essentially the same facts yet potentially reaching
opposite conclusions. Pendent jurisdiction refers to the court's
authority to adjudicate claims it could not otherwise hear.
2.
Jurisdiction for this action pursuant to ( example Title 28 U.S. Code
§§ 1331 and 1343. Actions of the defendant(s) has further aggrieved
plaintiff in the state of New Hampshire in which the plaintiff resides.
Therefore, jurisdiction under 28 USC §1332 and venue lie with this
Court. )
PARTIES
3. (Your name) is currently inhabiting ( your address ).
4. The defendants name ( individually / official capicty - or both ) their address
STATEMENT OF CLAIM
5. Now comes the plaintiff in the above entitled action seeking . . . . .
6. Place fact here . . . .
7. Place fact here . . . .
RELIEF
8. Wherefore, Plaintiff respectfully requests this Court issue its Declaratory Judgment . . . . . .
Wherefore, Plaintiff respectfully requests this Court issue its Declaratory Judgment declaring
9. Plaintiff respectfully requests this Court issue its compensatory damages . . . . .
Plaintiff respectfully requests this Court issue its compensatory damages in the amount of $
10. Plaintiff respectfully requests this Court issue an award of punitive damages . . .
Plaintiff respectfully requests this Court issue an award of punitive
damages that a defendant’s . . . . . to plaintiff’s rights in the
amount of $
DEMAND FOR JURY TRIAL
The Sui Juris plaintiff , ( your name here ), demands a trial by jury on all issues so triable
NOTICE OF INTENT
Plaintiff, ( your name here ) hereby gives notice that he/she intends
to rely upon such other and further evidence as may become available or
apparent during trial in this action, and hereby reserves the right to
amend his/her Complaint and to assert any such evidence by appropriate
motion.
STATEMENT OF VERIFICATION
I have read the above complaint and it is correct to the best of my knowledge.
Date: _____________________
____________________________
Your Name Here
CERTIFICATE OF SERVICE
I, ( your name here ) , hereby certify that a true copy of the above
complaint was served upon the following Defendant(s) at the addresses
listed below.
1. Name of defendant and their address here . . . .
Notary:
by Leisha Tringali
(modified)
UNITED STATES DISTRICT COURT
DISTRICT OF ___________
ATTACHMENT 1
______________________________
)
YOUR NAME HERE, ) Civil Action No.:
)
Plaintiff )
)
vs. ) COMPLAINT AND DEMAND
) FOR JURY TRIAL
WHO ARE YOU SUING, )
)
Defendant(s) )
______________________________
JURISDICTION AND VENUE
1. This is a complaint for relief under ( example 42 U.S.C. §1983, with pendant state claims, against individuals and state agencies, which gives the district court original jurisdiction of any civil action authorized by any person to redress the deprivation, under color of state law, of any right secured by the Constitution of the United States and to recover damages or other relief for such civil rights violations. )
A. ) For declaratory and injunctive relief . . . . . .
Declaratory Judgment : A declaratory judgment is a judgment of a court in a civil case that declares the rights, duties, or obligations of one or more parties in a dispute.
Injunctive Relief: Injunctive relief, or an injunction, is an appropriate remedy if the plaintiff is being harmed by the defendant's actions in a way that money cannot fully compensate for. Injunctive relief refers to an order by the court that the defendant cease a specific behavior.
B. ) For damages . . . . . . .
Punitive Damages: Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the punitive damage award. Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy.
Compensatory Damages: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. In order to be awarded compensatory damages, the plaintiff must prove that he or she has suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined by a judge or jury.
C. ) For Pendant State Claim . . . . . . .
Pendent Jurisdiction: Pendent jurisdiction is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by the Supreme Court as "jurisdiction over nonfederal claims between parties litigating other matters properly before the court."[1] Such jurisdiction is granted to encourage both "economy in litigation",[2] and fairness by eliminating the need for a separate federal and state trial hearing essentially the same facts yet potentially reaching opposite conclusions. Pendent jurisdiction refers to the court's authority to adjudicate claims it could not otherwise hear.
2. Jurisdiction for this action pursuant to ( example Title 28 U.S. Code §§ 1331 and 1343. Actions of the defendant(s) has further aggrieved plaintiff in the state of New Hampshire in which the plaintiff resides. Therefore, jurisdiction under 28 USC §1332 and venue lie with this Court. )
PARTIES
3. (Your name) is currently inhabiting ( your address ).
4. The defendants name ( individually / official capicty - or both ) their address
STATEMENT OF CLAIM
5. Now comes the plaintiff in the above entitled action seeking . . . . .
6. Place fact here . . . .
7. Place fact here . . . .
RELIEF
8. Wherefore, Plaintiff respectfully requests this Court issue its Declaratory Judgment . . . . . .
Wherefore, Plaintiff respectfully requests this Court issue its Declaratory Judgment declaring
9. Plaintiff respectfully requests this Court issue its compensatory damages . . . . .
Plaintiff respectfully requests this Court issue its compensatory damages in the amount of $
10. Plaintiff respectfully requests this Court issue an award of punitive damages . . .
Plaintiff respectfully requests this Court issue an award of punitive damages that a defendant’s . . . . . to plaintiff’s rights in the amount of $
DEMAND FOR JURY TRIAL
The Sui Juris plaintiff , ( your name here ), demands a trial by jury on all issues so triable
NOTICE OF INTENT
Plaintiff, ( your name here ) hereby gives notice that he/she intends to rely upon such other and further evidence as may become available or apparent during trial in this action, and hereby reserves the right to amend his/her Complaint and to assert any such evidence by appropriate motion.
STATEMENT OF VERIFICATION
I have read the above complaint and it is correct to the best of my knowledge.
Date: _____________________
____________________________
Your Name Here
CERTIFICATE OF SERVICE
I, ( your name here ) , hereby certify that a true copy of the above complaint was served upon the following Defendant(s) at the addresses listed below.
1. Name of defendant and their address here . . . .
Notary:
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