Checklist of matters, inter alia, that should be alleged in a complaint or petition in an action for violation of civil rights
• Residence or other jurisdictional facts, if required.
– Allegation of basis of jurisdiction, such as
28 U.S.C.A. § 1343, if action is brought in federal court.
• Facts establishing venue, if required.
• Statute or other basis of federal jurisdiction, if complaint is to be filed in federal court.
• If action is to be brought as a class action
– Existence of multiple parties too numerous to be brought before the court.
– Existence of a common question of law or fact
– Existence of a several right sought to be enforced for or against the parties.
• Plaintiff's standing and capacity to sue, if required.
• Acts of defendant resulting in violation of plaintiff's civil rights, and illegality of those acts.
• Allegation that the conduct alleged was engaged in under color of state law, and that such conduct subjected plaintiff to the deprivation of rights, privileges, and immunities secured by the Federal Constitution and laws, where complaint is based on
42 U.S.C.A. § 1983.
• A conspiracy to interfere, in the manner proscribed by the statute, with the civil rights of another; and an overt act done in furtherance of the object of the conspiracy, whereby another is injured or is deprived of any right or privilege of a citizen of the United States; where complaint is based on
42 U.S.C.A. § 1985(3).
• Citations and provisions of applicable statutes, ordinances, and regulations.
• Injury to plaintiff resulting from defendant's acts.
• Exhaustion of all applicable administrative remedies, if required.
• Inadequacy of remedy at law and irreparable injury to plaintiff, if equitable relief is sought.
• Damages, if sought.
• Request for relief.
