Datasets:
About These Forms
In General. This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are useful to have in complaints and some other pleadings. The forms do not try to cover every type of case. They are limited to types of cases often filed in federal courts by those who represent themselves or who may not have much experience in federal courts.
Not Legal Advice. No form provides legal advice. No form substitutes for having or consulting a lawyer. If you are not a lawyer and are suing or have been sued, it is best to have or consult a lawyer if possible.
No Guarantee. Following a form does not guarantee that any pleading is legally or factually correct or sufficient.
Variations Possible. A form may call for more or less information than a particular court requires. The fact that a form asks for certain information does not mean that every court or a particular court requires it. And if the form does not ask for certain information, a particular court might still require it. Consult the rules and caselaw that govern in the court where you are filing the pleading.
Examples Only. The forms do not try to address or cover all the different types of claims or defenses, or how specific facts might affect a particular claim or defense. Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases. Be careful to use the form that fits your case and the type of pleading you want to file. Be careful to change the information the form asks for to fit the facts and circumstances of your case.
No Guidance on Timing or Parties. The forms do not give any guidance on when certain kinds of pleadings or claims or defenses have to be raised, or who has to be sued. Some pleadings, claims, or defenses have to be raised at a certain point in the case or within a certain period of time. And there are limits on who can be named as a party in a case and when they have to be added. Lawyers and people representing themselves must know the Federal Rules of Civil Procedure and the caselaw setting out these and other requirements. The current Federal Rules of Civil Procedure are available, for free, at www.uscourts.gov.
Privacy Requirements. Federal Rule of Civil Procedure 5.2 addresses the privacy and security concerns over public access to electronic court files. Under this rule, papers filed with the court should not contain anyone’s full social-security number or full birth date; the name of a person known to be a minor; or a complete financial-account number. A filing may include only the last four digits of a social-security number and taxpayer identification number; the year of someone’s birth; a minor’s initials; and the last four digits of a financial-account number.
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
Case No.
(to be filled in by the Clerk’s Office)
(Write the full name of each plaintiff who is filing this complaint. If the names of all the plaintiffs cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.)
Jury Trial: ☐ Yes ☐ No
(check one)
v.
(Write the full name of each defendant who is being sued. If the names of all the defendants cannot fit in the space above, please write “see attached” in the space and attach an additional page with the full list of names.)
Complaint for a Civil Case
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
I.
The Parties to This Complaint
A.
The Plaintiff(s)
Provide the information below for each plaintiff named in the complaint. Attach additional pages if needed.
Name
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address
B.
The Defendant(s)
Provide the information below for each defendant named in the complaint, whether the defendant is an individual, a government agency, an organization, or a corporation. For an individual defendant, include the person’s job or title (if known). Attach additional pages if needed.
Defendant No. 1
Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
Defendant No. 2
Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
2
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
Defendant No. 3
Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
Defendant No. 4
Name
Job or Title (if known)
Street Address
City and County
State and Zip Code
Telephone Number
E-mail Address (if known)
II.
Basis for Jurisdiction
Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In a diversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.
What is the basis for federal court jurisdiction? (check all that apply)
☐ Federal question
☐ Diversity of citizenship
Fill out the paragraphs in this section that apply to this case.
3
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
A.
If the Basis for Jurisdiction Is a Federal Question
List the specific federal statutes, federal treaties, and/or provisions of the United States Constitution that are at issue in this case.
B.
If the Basis for Jurisdiction Is Diversity of Citizenship
The Plaintiff(s)
a.
b.
If the plaintiff is an individual The plaintiff, (name) _________________________________________, is a citizen of the State of (name) _______________________.
If the plaintiff is a corporation The plaintiff, (name) ________________________________________, is incorporated under the laws of the State of (name) ______________________, and has its principal place of business in the State of (name) _______________________.
(If more than one plaintiff is named in the complaint, attach an additional page providing the same information for each additional plaintiff.)
The Defendant(s)
a.
b.
If the defendant is an individual The defendant, (name) ______________________, is a citizen of the State of (name) _______________________. Or is a citizen of (foreign nation) _______________________.
If the defendant is a corporation The defendant, (name) _______________________, is incorporated under the laws of the State of (name) _______________________, and has its principal place of business in the State of (name) _______________________. Or is incorporated under the laws of (foreign nation) _______________________, and has its principal place of business in (name) _______________________.
(If more than one defendant is named in the complaint, attach an additional page providing the same information for each additional defendant.)
4
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
The Amount in Controversy
The amount in controversy—the amount the plaintiff claims the defendant owes or the amount at stake—is more than $75,000, not counting interest and costs of court, because (explain):
III.
Statement of Claim
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff’s rights, including the dates and places of that involvement or conduct. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed.
5
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
IV. Relief
State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or punitive money damages.
V.
Certification and Closing
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information, and belief that this complaint: (1) is not being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) is supported by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Rule 11.
A.
For Parties Without an Attorney
I agree to provide the Clerk’s Office with any changes to my address where case- related papers may be served. I understand that my failure to keep a current address on file with the Clerk’s Office may result in the dismissal of my case.
Date of signing: ________________, 20.
Signature of Plaintiff
Printed Name of Plaintiff ___________________________________________
6
MIED ProSe 1 (Rev 5/16) Complaint for a Civil Case
Additional Information:
7
JS 44 (Rev. 10/20)
CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS
County in which action arose: _______________
DEFENDANTS
(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)
County of Residence of First Listed Defendant
NOTE:
(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
1 U.S. Government Plaintiff
3 Federal Question
(U.S. Government Not a Party)
Citizen of This State
PTF 1
DEF 1
(For Diversity Cases Only)
and One Box for Defendant)
PTF
Incorporated or Principal Place of Business In This State
2 U.S. Government
Defendant
4 Diversity
Citizen of Another State
(Indicate Citizenship of Parties in Item III)
DEF 4
5
6
4
5
6
2
3
2
Incorporated and Principal Place of Business In Another State
3
Foreign Nation
Click here for: Nature of Suit Code Descriptions. OTHER STATUTES
BANKRUPTCY
IV. NATURE OF SUIT (Place an “X” in One Box Only)
TORTS
CONTRACT
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment
PERSONAL INJURY 310 Airplane 315 Airplane Product
Liability
320 Assault, Libel &
& Enforcement of Judgment
Slander
151 Medicare Act 152 Recovery of Defaulted
Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits
160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise
REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
330 Federal Employers’
Liability
340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury -
Medical Malpractice
CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/
Accommodations 445 Amer. w/Disabilities -
Employment
446 Amer. w/Disabilities -
Other 448 Education
Citizen or Subject of a Foreign Country
FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881
690 Other
PERSONAL INJURY 365 Personal Injury - Product Liability
367 Health Care/
Pharmaceutical Personal Injury Product Liability
368 Asbestos Personal Injury Product Liability
422 Appeal 28 USC 158 423 Withdrawal 28 USC 157
PROPERTY RIGHTS 820 Copyrights 830 Patent 835 Patent - Abbreviated
New Drug Application
840 Trademark 880 Defend Trade Secrets
PERSONAL PROPERTY
LABOR
710 Fair Labor Standards
Act of 2016
Act
720 Labor/Management
Relations
740 Railway Labor Act 751 Family and Medical
Leave Act
790 Other Labor Litigation 791 Employee Retirement Income Security Act
IMMIGRATION
462 Naturalization Application 465 Other Immigration
Actions
SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))
FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS—Third Party 26 USC 7609
370 Other Fraud 371 Truth in Lending 380 Other Personal
Property Damage 385 Property Damage Product Liability
PRISONER PETITIONS
Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate
Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee - Conditions of Confinement
375 False Claims Act 376 Qui Tam (31 USC
3729(a))
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations
480 Consumer Credit
(15 USC 1681 or 1692)
485 Telephone Consumer Protection Act 490 Cable/Sat TV 850 Securities/Commodities/
Exchange
890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information
Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes
V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding
2 Removed from State Court
3 Remanded from Appellate Court
4 Reinstated or Reopened
5 Transferred from Another District (specify)
6 Multidistrict Litigation - Transfer
8 Multidistrict Litigation - Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION
Brief description of cause:
VII. REQUESTED IN
COMPLAINT: VIII. RELATED CASE(S)
IF ANY
CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P.
DEMAND $
CHECK YES only if demanded in complaint:
JURY DEMAND:
Yes
No
(See instructions):
JUDGE
DOCKET NUMBER
DATE
SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
PURSUANT TO LOCAL RULE 83.11
Is this a case that has been previously dismissed?
If yes, give the following information:
Court:
Case No.:
Judge:
Other than stated above, are there any pending or previously discontinued or dismissed companion cases in this or any other court, including state court? (Companion cases are matters in which it appears substantially similar evidence will be offered or the same or related parties are present and the cases arise out of the same transaction or occurrence.)
Yes
No
Yes
No
If yes, give the following information:
Court:
Case No.:
Judge:
Notes :
JS 44 Reverse (Rev. 10/20)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
III.
IV.
V.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.
Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Civil Nature of Suit Code Descriptions (Rev. 10/20)
Contract Code 110
Title Insurance
120
Marine
130
Miller Act
140
Negotiable Instrument
150
Recovery of Overpayment & Enforcement Judgment
151
Medicare
152
153
160
Recovery of Defaulted Student Loans (Excludes Veterans) Recovery of Overpayment of Veterans' Benefits Stockholders' Suits
190
Other Contract
195
Contract Product Liability
Actions primarily alleging personal injury or property damage caused by a defective product should be classified under the appropriate nature of suit code under “TORTS.” Franchise
196
Description Action alleging breach of insurance contract, tort claim, or other cause related to an insurance contract, except for maritime insurance contracts. Action (Admiralty or Maritime) based on service, employment, insurance or other contracts relating to maritime vessels and other maritime contractual matters. Action based on performance and payment bonds agreed to by contractors on federal construction projects as required under the Miller Act, 40 U.S.C. § 3131-3134. Action relating to an agreement to pay a specific amount of money, including promissory notes, loan agreements and checks. Action to recover debt owed to the United States, including enforcement of judgments, based on overpayments and restitution agreements involving matters other than Medicare benefits, student loans and veterans’ benefits. Action relating to Medicare payments, including actions for payments of benefits, to recover overpayments, and for judicial review of administrative decisions. Action to recover debt owed to the United States from defaulted student loan. Action relating to payments of veterans’ benefits, primarily including actions to recover overpayments. Action brought by stockholder(s) of a corporation (including both stockholder derivative suits and direct actions based on plaintiff’s rights as a stockholder), usually alleging claims based on contract and/or tort law and/or fiduciary obligations. Action primarily based on rights and obligations under a contract not classifiable elsewhere under the specific natures of suit under “Contract.” Action concerning damages caused by a defective product, not primarily involving personal injury or property damage, and based primarily on breach of contract, breach of warranty, misrepresentation, and/or violation of consumer protection laws.
Action arising from a dispute over a franchise agreement, typically alleging breach of contract, misrepresentation or unfair trade practices.
Page 1 of 8
Civil Nature of Suit Code Descriptions (Rev. 10/20)
Real Property
Code 210
Title Land Condemnation
220
230
240
Foreclosure
Rent Lease & Ejectment
Torts to Land
245
Tort Product Liability
290
All Other Real Property
Torts/Personal Injury
Title Airplane (Excludes airplane product liability claims) Airplane Product Liability
Description Action by a governmental entity to take privately-owned real property (land or buildings) for public use for compensation. Action to enjoin foreclosure on real property by mortgage lender.
Action for rental or lease payments owed on real property and/or to eject a party occupying real property illegally. Action alleging trespass to land, nuisance, contamination or other unlawful entry on or interference with real property possessed by another. Action alleging harm by an unsafe product based on negligence, breach of warranty, misrepresentation, and strict tort liability. Action primarily based on unlawful conduct relating to real property that cannot be classified under any other nature of suit.
Description Action alleging personal injury or wrongful death from an air crash or other occurrence involving an airplane.
Code 310
315
320
330
340
345
350
355
360
362
365
367
368
Motor Vehicle
Marine Product Liability
Marine (Excludes marine product liability claims)
Assault, Libel & Slander (Excludes a government employee) Federal Employers' Liability
Action alleging personal injury or death from an air crash or other occurrence involving an airplane and caused by a defective product. Action alleging intentional acts of assault, libel, trade libel or slander by a private party. Action for personal injury or wrongful death brought by a railroad employee or his survivors under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51, et. seq. Action (Admiralty and Maritime) alleging personal injury or death from an accident involving a water vessel or harbor/dock facilities, including suits brought under the Jones Act and the Limitation of Liability Act. Action (Admiralty and Maritime) alleging personal injury or wrongful death from an accident involving a water vessel or harbor/dock facilities and caused by a defective product. Action alleging personal injury or wrongful death from negligence involving a motor vehicle but not caused by a defective product. Action alleging personal injury or wrongful death involving a motor vehicle and caused by a defective product. Action primarily based on personal injury or death caused by negligence or intentional misconduct, including suits brought against the United States under the Federal Tort Claims Act, and which cannot be classified under any other nature of suit. Action alleging personal injury or wrongful death caused by negligence in medical care provided by a doctor or other health care professional. Action alleging personal injury or death resulting from a defective Personal Injury - Product Liability product. (Excludes a marine or airplane product) Action alleging personal injury or death caused by a defective medical Health Care/Pharmaceutical Personal or pharmaceutical product. Injury Product Liability Asbestos Personal Injury Product Liability Action alleging personal injury or death caused by exposure to asbestos
Personal Injury - Medical Malpractice
Motor Vehicle Product Liability
Other Personal Injury
products.
Page 2 of 8
Civil Nature of Suit Code Descriptions (Rev. 10/20)
Personal Property
Code 370
371
Title Other Fraud (Excludes any property that is not real property) Truth in Lending
Actions relating to fraud or misrepresentation in the transfer of real property should be classified under nature of suit 290, “All Other Real Property,” or, if foreclosure is involved, under nature of suit 220, “Foreclosure.” Other Personal Property Damage
380
385
Property Damage Product Liability
Civil Rights
Code
440
441
442
443
445
446
Title Other Civil Rights (Excludes claims against corrections officials) Voting
Employment
Housing/Accommodations
Americans With Disabilities - Employment Americans With Disabilities - Other
448
Education
Description Action primarily based on fraud relating to personal property that cannot be classified under any other nature of suit.
Action alleging violation of the federal Truth in Lending Act arising from consumer loan transactions involving personal property including automobile loans and revolving credit accounts.
Action primarily based on damage to personal property caused by harmful conduct such as negligence, misrepresentation, interference with business relationships or unfair trade practices. Action alleging damage to personal property caused by a defective product.
Description
Action alleging a civil rights violation other than the specific civil rights categories listed below or a violation related to prison. Example: Action alleging excessive force by police incident to an arrest. Action filed under Civil Rights Act, 52 U.S.C. § 10101, and Voting Rights Act, 52 U.S.C. § 10301 Action filed under Age Discrimination in Employment Act 29:621:634, Equal Employment Opportunity Act (Title VII) 42:2000E, Performance Rating Act of 1950 5:4303 Action filed under the Fair Housing Act (Title VII), 42 U.S.C. § 3601 & 3602. Action of discrimination against an employee with disabilities of any type in the work place, filed under 42 U.S.C. § 12117 Action of discrimination against an individual with disabilities in areas other than employment, filed under 42 U.S.C. § 12133 (exclusion or discrimination in provision of services, programs or activities of a public entity) or 42 U.S.C. § 12188 (public accommodations) Action filed under the Individuals with Disabilities Educations Act, 20 U.S.C. § 1401 and Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 et seq.
Page 3 of 8
Civil Nature of Suit Code Descriptions (Rev. 10/20)
Prisoner Petitions Habeas Corpus Title Alien Detainee
Code 463
510
Motions to Vacate Sentence
530
General
535
Death Penalty
Other Prisoner Petitions
Code 540
Title Mandamus & Other
550
Civil Rights
555
Prison Condition
560
Civil Detainee - Conditions of Confinement (Excludes actions by alien detainees)
Description Immigration habeas petition under 28 U.S.C. § 2241. All cases filed with this nature of suit code are restricted to case participants and public terminals. Petition is filed by an alien detainee. Action by a prisoner to vacate or modify a sentence imposed in federal court, other than a death sentence, under 28 U.S.C. § 2255. Action by a federal or state prisoner currently in custody challenging the legality of confinement or other punishment. This includes claims alleging illegalities that occurred in trial (for example, ineffective assistance of counsel), sentencing (including fines and restitution orders), or disciplinary proceedings in prison (for example, loss of good time credits). Habeas petition under 28 U.S.C. § 2254 or prisoner habeas under 28 U.S.C. § 2241. Action by a federal or state prisoner challenging a death sentence.
Description Action by prisoner currently in custody for a writ of mandamus to compel action by a judge or government official relating to the prisoner’s confinement, including conditions of confinement. This category also includes any actions other than mandamus brought by a prisoner currently in custody, whether or not it relates to his confinement, if it is not classifiable under any other nature of suit category under Prisoner Petitions (for example, action by prisoner to recover property taken by the government in a criminal case). Action by current or former prisoner alleging a civil rights violation by corrections officials that is not related to a condition of prison life. Action by current prisoner, or former prisoner or their families alleging a civil rights, Federal Tort Claims Act, or state law claim with respect to a condition of prison life, whether general circumstances or particular episodes. Examples: inadequate medical care or excessive force by prison guards. Includes non-habeas actions by alien detainees alleging unlawful prison conditions. Action by former prisoner who was involuntarily committed to a non- criminal facility after expiration of his or her prison term alleging unlawful conditions of confinement while in the non-criminal facility. This category includes, for example, an action by a former prisoner classified as a Sexually Dangerous Person or Sexually Violent Predator alleging civil rights violations during his detention in a medical facility.
Page 4 of 8
Civil Nature of Suit Code Descriptions (Rev. 10/20)
Forfeiture/Penalty
Code 625
Title Drug Related Seizure of Property 21 U.S.C. § 881
Description Action (Forfeiture) by which property itself is accused of wrongdoing and is forfeited to the government as a result.
690
Other
Labor Code 710
Title Fair Labor Standards Act (Non-Union)
720
Labor/Management Relations (Union)
740
Railway Labor Act
Action primarily based on Acts or Bills that cannot be classified under any other nature of suit, such as: Endangered Species Act, Federal Hazardous Substance Act 15:1261, Game & Wildlife Act 15:256C et seq. (Penalty), Federal Trade Commission Act 15:41-51 (Penalty), Federal Coal Mine Health & Safety Act 30:801 et seq. (Penalty), Load Line Act 46:85-85G, McGuire Bill (Federal Fair Trade) 15:45L Penalty, Marihuana Tax Act 50 STAT 551, Motorboat Act 46:526-526T, National Traffic & Motor Vehicle Safety Act penalty 49:1655, Veterans' Benefit Act, Title 38 Penalty.
Description Action relating to non-union workplace related disputes filed under the Fair Labor Standards Act, 29 U.S.C. § 201 including but not limited to wage discrimination, paid leave, minimum wage and overtime pay.
Action relating to disputes between labor unions and employers as well as all petitions regarding actions of the Nation Labor Relations Board (NLRB)
Action relating to disputes filed under the Railway Labor Act, 45 U.S.C. § 151 including labor disputes, individual claims, and response to sanctions.
751
790
791
Family and Medical Leave Act
Action filed under the Family Medical Leave Act, 29 U.S.C. § 2601
Other Labor Litigation
Employee Retirement Income Security Act
Action primarily based on labor disputes not addressed by other NOS codes (includes Labor/Management Reporting and Disclosure Act) Action filed under the Employee Retirement Income Security Act, 29 U.S.C. § 1132 by individuals and labor organizations.
Immigration
Code 462
Title Naturalization Application
465
Other Immigration Actions
Description Action seeking review of denial of an application for naturalization [8 U.S.C. § 1447(b)] or alleging failure to make a determination regarding an application for naturalization [8 U.S.C. § 1421(c)].
Action (Immigration-related) that do not involve Naturalization Applications or petitions for Writ of Habeas Corpus, such as complaints alleging failure to adjudicate an application to adjust immigration status to permanent resident.
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Civil Nature of Suit Code Descriptions (Rev. 10/20)
Bankruptcy
Code 422
Title Appeal 28 USC § 158
423
Withdrawal of Reference 28 USC § 157
Property Rights Title Copyright
Code 820
Patent
Patent – Abbreviated New Drug Application (ANDA)
Trademark
830
835
840
880
Description All appeals of previous bankruptcy decisions filed under 28 U.S.C. § 158 Action held in bankruptcy court requesting withdrawal under the provisions of 28 U.S.C. § 157
Description Action filed in support or to dispute a copyright claim.
Action filed in support or to dispute a patent claim.
Action filed in support or to dispute a patent claim involving an Abbreviated New Drug Application (ANDA). These cases are also known as “Hatch-Waxman” cases. Action filed in support or to dispute a trademark claim
Defend Trade Secrets Act of 2016 (DTSA)
Action filed in support or to dispute a trade secret misappropriation
Social Security Title HIA (1395ff)
Code 861
862
Black Lung (923)
863
DIWC/DIWW (405(g))
864
865
SSID Title XVI
RSI (405(g))
Federal Tax Suits
Code 870 871
Title Taxes (U.S. Plaintiff or Defendant) IRS-Third Party 26 USC 7609
Description Action filed with regard to social security benefits associated with Health Insurance Part A Medicare
Action filed with regard to social security benefits provided for those who contracted Black Lung or their beneficiaries
Action filed with regard to social security benefits provided to disabled individuals: worker or child, or widow
Action filed with regard to social security benefits provided to Supplemental Security Income Disability under Title XVI Action filed with regard to social security benefits provided for Retirement, Survivor Insurance under 42 U.S.C. § 405
Description Action filed under the Internal Revenue Code (General) Action filed under the Internal Revenue Code - Tax Reform Act of 1976 (P.L. 94-455) Third Party
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Civil Nature of Suit Code Descriptions (Rev. 10/20)
Other Statutes Title False Claims Act
Code 375
376
Qui Tam (31 U.S.C. § 3729(a))
400
State Reapportionment
410
Antitrust
430
450
460
470
480
485
Banks and Banking
Commerce
Deportation
Racketeer Influenced and Corrupt Organizations Consumer Credit
Telephone Consumer Protection Act (TCPA)
490
Cable/Satellite TV
850
Securities/Commodities/Exchange
890
Other Statutory Actions
891
Agricultural Acts
893
Environmental Matters
Description Action filed by private individuals alleging fraud against the U.S. Government under 31 U.S.C. § 3729. Action brought under the False Claims Act by private persons (also known as "whistleblowers") on their own behalf and on behalf of the United States to recover damages against another person or entity that acted fraudulently in receiving payments or property from, or avoiding debts owed to, the United States Government, 31 U.S.C. § 3730 Action filed under the Reapportionment Act of 1929 Ch. 28, 46 Stat. 21, 2 U.S.C. § 2a. Action brought under the Clayton Act 15 U.S.C. § 12 - 27 alleging undue restriction of trade and commerce by designated methods that limit free competition in the market place amongst consumers such as anti-competitive price discrimination, corporate mergers, interlocking directorates or tying and exclusive dealing contracts. Action filed under the Federal Home Loan Bank Act 12:1421-1449, Home Owners Loan Act 12:1461 or Federal Reserve Acts 12:142 et seq. Action filed under the Interstate Commerce Acts 49:1 et seq., 49:301
Action filed under the Immigration Acts (Habeas Corpus & Review) 8:1101/18:1546 Racketeer Influenced and Corrupt Organization Act, RICO 18:1961-1968
Action filed under the Fair Credit Reporting Act, 15 U.S.C. 1681n or 15 U.S.C. 1681o, and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692k Action filed under the Telephone Consumer Protection Act 47 U.S.C. § 227
Action filed involving unauthorized reception of cable/satellite TV service under 47 U.S.C. § 553 (unauthorized reception of cable/satellite TV), or 47 U.S.C. § 605 (e)(3) (unauthorized use or publication of a communication) Action filed under Small Business Investment Act 15:681, Securities Exchange Act 15:78, Securities Act 15:77, Investment Advisers Act 15:80B(1-21) Action primarily based on Statutes that cannot be classified under any other nature of suit, such as: Foreign Agents Registration Act 22:611- 621, Klamath Termination Act 25:564-564W-L, Federal Aid Highway Act 23:101-142, Federal Corrupt Practices Act 2:241-256, Federal Election Campaign Act, Highway Safety Act 23:401 Immigration & Nationality Act 8:1503, Natural Gas Pipeline Safety Act 49:1671-1700, Naturalization Acts 8:1421/18:911, 1015, 1421, et seq., 3282 or Federal Aviation Act 49:1301 et seq. Action filed under the Federal Crop Insurance Act 7:1501-1550, Commodity Credit Corporation Act 15:713A-L & 4. Action filed under Air Pollution Control Act 42:1857-57L, Clean Air Act 42:1857:57L, Federal Environment Pesticide Control Act, Federal Insecticide, Fungicide & Rodenticide Act 7:135, Federal Water Pollution Control Act 33:1151 et seq., Land & Water Conservation Fund Act 16:4602,460 1-4, Motor Vehicle Air Pollution Control Act 42:1857F-1-8,
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Civil Nature of Suit Code Descriptions (Rev. 10/20)
National Environmental Policy Act 42:4321, 4331-35G, 4341-47, River & Harbor Act penalty 3:401-437, 1251.
Other Statutes (Continued) Title Freedom of Information Act Arbitration
Code 895 896
899
Administrative Procedure Act/Review or Appeal of Agency Decision
950
Constitutionality of State Statutes
Description Action filed under the Freedom of Information Act 5:552. Action involving actions to confirm or modify arbitration awards filed under Title 9 of the U.S. Code. Action filed under the Administrative Procedures Act, 5 U.S.C. § 701, or civil actions to review or appeal a federal agency decision.
Action drawing into question the constitutionality of a federal or state statute filed under (Rule 5.1). Rule 5.1 implements 28 U.S.C. §2403.
Note: The statutes listed above are not all-inclusive, and other statues might be applicable to each nature of suit.
Statutes that are included in the descriptions should be viewed as examples.
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