1. 2. 3. 4. 5. 6. 7. 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 1. 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.) 2. 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 3. 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 1. Is this a case that has been previously dismissed? If yes, give the following information: Court: Case No.: Judge: 2. 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. Page 5 of 8 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 Page 6 of 8 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, Page 7 of 8 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. Page 8 of 8