Gila County Jail complaint

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, PLAINTIFF
v.
GILA COUNTY, ARIZONA; JOE RODRIQUEZ, Sheriff of Gila County; GILA COUNTY BOARD OF SUPERVISORS, and GILA COUNTY ADMINISTRATOR, DEFENDANTS
COMPLAINT
_____________________________________
THE UNITED STATES OF AMERICA alleges:
1. The Attorney General files this complaint on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. § 1997, to enjoin the named Defendants from depriving persons incarcerated at the Gila County Jail, located in Gila County, Arizona, of rights, privileges, or immunities secured and protected by the Constitution of the United States.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this action under 28 U.S.C. § 1345.
3. The United States is authorized to initiate this action pursuant to 42 U.S.C. § 1997a.
4. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.
5. Venue in the District of Arizona, is proper pursuant to 28 U.S.C. § 1391.
DEFENDANTS
6. Defendant GILA COUNTY owns and operates the Gila County Jail, located in the City of Globe, Arizona, that is the primary county detention facility for Gila County, Arizona.
7. Defendant JOE RODRIQUEZ is sued in his official capacity as the Sheriff of Gila County. Sheriff Rodriquez is responsible for the day-to-day operations of the Jail. In his official capacity as Sheriff, he has the custody, control and charge of the Jail and Jail inmates.
8. Defendant GILA COUNTY BOARD OF SUPERVISORS is the entity charged with authority to maintain the Gila County Jail and is responsible for the conditions of confinement and treatment of persons incarcerated in the Jail. The GILA COUNTY ADMINISTRATOR has been delegated authority by the BOARD OF SUPERVISORS to carry out functions including financial expenditures relating to operation of the Jail.

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Gila County Jail complaint

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9. Defendants are legally responsible, in whole or in part, for the operation of the Gila County Jail, for the conditions there and the health and safety of persons confined or incarcerated there.
10. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
FACTUAL ALLEGATIONS
11. The Gila County Jail is an institution within the meaning of 42 U.S.C. § 1997(1).
12. Persons confined to the Gila County Jail include pre-trial detainees and post-conviction inmates.
13. Defendants have engaged in and continue to engage in a pattern or practice of failing to protect inmates at the Gila County Jail from undue risk of harm by, inter alia, failing to provide adequate supervision, failing to provide adequate inmate classification, failing to provide adequate medical and mental health care, failing to provide reasonable amounts of inmate exercise opportunities, and failing to ensure adequate environmental health and fire safety.
14. Defendants have been aware of the factual allegations set forth in paragraph 13 for a substantial period of time and have failed to address adequately the conditions described although they consciously knew of those inadequacies.
VIOLATIONS ALLEGED
15. The acts and omissions alleged in paragraphs 13 and 14 violate the rights, privileges, or immunities secured or protected by the Constitution of the United States of persons confined in the Gila County Jail.
16. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 13 and 14 that deprive persons confined in the Gila County Jail of their rights, privileges, or immunities secured or protected by the Constitution of the United States and cause them irreparable harm.

PRAYER FOR RELIEF
17. The Attorney General is authorized under 42 U.S.C. § 1997 et seq. to seek equitable and declaratory relief.
WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions, and practices set forth in paragraph 13 above, and that this Court require Defendants to take such actions as will ensure lawful conditions of confinement are afforded to inmates at Gila County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,

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Gila County Jail complaint

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JANET RENO Attorney General of the United States
JOSE de JESUS RIVERA, United States Attorney, District of Arizona BILL LANN LEE, Acting Assistant Attorney General, Civil Rights Division
STEVEN H. ROSENBAUM, Chief, Special Litigation Section MELLIE H. NELSON, Deputy Chief, Special Litigation Section ANDREW J. BARRICK Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section P.O. Box 66400 Washington, D.C. 20035-6400
CERTIFICATE OF THE ATTORNEY GENERAL
I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. Gila County Arizona, et al., I have complied with all subsections of 42 U.S.C. § 1997b (a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. § 1997b(a)(2). I further certify, pursuant to 42 U.S.C. § 1997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution of the United States.
In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of this suit under 42 U.S.C. § 1997, et seq., have been met.
Pursuant to 42 U.S.C. § 1997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. § 1997b(b), I am personally signing this Certificate.
Signed this ____ day of ____________, 1998, at Washington, D.C.

________________________
JANET RENO Attorney General of the United States

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 6-94.
Memorandum

CRIPA Investigation JC-AZ-001-001

To From Subject:

Assistant Attorney General

Date 4/25/94

CIVIL RIGHTS DIVISION

Attn: Special Litigation Section

Director, FBI
CONDITIONS OF INCARCERATION, GILA COUNTY JAIL, GLOBE, ARIZONA; JOSE LUIS ORTIZ - ET AL - VICTIMS; NICOLAS ESCALANTE, CONSUL OF MEXICO - COMPLAINANT; CIVIL RIGHTS 00: PHOENIX

Field Office File Number 214-PX

51740

DOJ File Number

-

Reference:

Enclosed is one copy of: Phoenix LHM dated 3/22/94.

[ 3 Also enclosed is an Internal Affairs Report

[x] A. This is the initial communication in this

Type matter (Initial communication only)

".»

[ ] Brutality - Law Enforcement

[ ] Brutality - Nonlaw Enforcement

[x] No Brutality - Law Enforcement

[ 3 No Brutality - Nonlaw Enforcement

[ 3 Racial Violence

[ 3 ISS Matter

[ ] Death Case

[ ] B. FBI Status-Pending

[x] C. FBI Status-Closed

[ ] D. This covers the receipt of a complaint and no further action

will be taken by the Federal Bureau of Investigation unless

specifically requested by the Department of Justice.
7&X <PP Z+

[ 3 E. Due to the nature of this matter, it should receive your

expeditious attention. Please contact the Civil Rights

Unit, FBIHQ, Attn:

OEFASTVEM CF JUSTICE _ I

NOTE:

/I 0 i^r*

z. I

Enc [1]

N S^ A U O R I Z E S JACKET ING 0'' ="i-E •.'•MTER 00 NOJ C E ^
OWCE

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CW. RiGHTS f.SI/OCJ

U.S. Department of Justice Federal Bureau of Investigation

la Reply. Pie«e Refer to
Ffl«No. 214-PX-51740

Phoenix, Arizona 85012
March 22, 1994

CONDITIONS OF INCARCERATION, GILA COUNTY JAIL, GLOBE, ARIZONA; JOSE LUIS ORTIZ, ET AL - VICTIMS;
NICOLAS ESCALANTE, CONSUL OF MEXICO - COMPLAINANT; CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT

The office of the U.S. Attorney, Phoenix, Arizona, has received a letter from NICOLAS ESCALANTE, the Mexican Consul in Phoenix, complaining that numerous Mexican citizens are serving time at the Gila County Jail under substandard conditions. Ke advised that he had visited that jail and verified some of their complaints. That letter follows.

SECRETARU
DE
RELACIONES EXTERIORES
CONSULAOO

F O O M A IOI
CONSULATE OF MEXICO
NUM: PHO- U U U J 0 U
FILE: 73-37/732"94" nt P H O E N I X , A R I Z O N A
^ fE3R«ARY 7TH, 199 4

HONORABLE JANET NAPOLITANO U.S. GENERAL ATTORNEY FOR THE STATE OF ARIZONA PHOENIX, ARIZONA.
Dear Ms. Napolitano:
At the request of several federal convicts, serving their sentences at the County Jail of Gila County at Globe, Az., I found that minimum standards for federal prisoners are not the norm. Among others things I found that the inmates do not have underwear and have only one uniform, therefore during the days the uniforms are washed they remain naked and the visits are rejected; many of them did not have blankets;they are not issued toilet paper, on a regular basis, according to Sergeant Mona Gomez, because the person in charge is "slacking".
The inmates did not have the forms required to request medical attention and complained that even when they have them it usually takes from 2 to 3 weeks for them to see the Doctor. I was personally able to verify several untreated skin diseases; inmates also complained that they only get a small tube of "tooth paste every 3 to 4 weeks and that they do not have sufficient soap. All inmates in separate interviews complained that they usually get only 15 minutes per day on the yard and spend most of the day in their cells; although I was not able to confirm the allegations, and in paper the food situation seems to be alright, all the federal inmates complained about the small quantities of food and I was personally able to see that they were served rice that was either scrubed from the burned bottom or planly burned; inmates complained also that the commissary has not opened for 3 or 4 weeks and therefore they have not been able to buy things to supplement their diet or products required by the small quantity provided of soap and tooth past ; several of the convicts complained that although their sentences have expired they are still in jail because the I.N.S. has not picked them up for the deportation proceedings.
T. C. N-

FORMA 1 0 2

SECRETARIA DE
RELACIONES EXTERIORES
CONSULADO

I personally found the situation appalling and I hereby request that in the case of this group of raexican citizens, list attached, their rights as federal prisoners be respected or that they be transferred to other facilities without the problems that I was able to verify.

Thanking you in advanc opportunity to offer you consideration.

you kindness, I take this 'assurances of ny highest

NEB/mjrp

NICOLAS ESCALANTE, CONSUL OF MEXICO.

T. C. N.
3

L I S T A DE CONNACIONALES • EN LA CARCEL DEL CONDADO G I L A EN GLOBE, ARIZONA.

SECRETARU.
DE
RELACIONES EXTERIORES CONSUUAOO

VISITA.POR EL LIC,NICOLAS ESCALANTE P H O E N I X , A R I Z O N A . A A DE MARZO 1 9 9 4 .

LOS SIGUIENTES SOLICITARON CARTA DE PRESUNCION DE NACIONALIDAD.

NOMBRE. FECHA DE NACIMIENXO.

LUGAR.

1- JOSE LUIS ORTIZ.xABRIL-7-1966 SAN LUIS R.C.SON

2- JOSE ARMENTA VENEGAS., NOV-26-1971. MEXICALI,B,C.

3- ANTONIO LOPEZ.'"' OCTUBRE-29- 1963. SAN LUIS R,C, SON.

A- VICTOR GONZALEZ. JULIO-25-1960. CD, OBREGON SONORA.

5- GERARDO MARQUEZ NICOLAS.ABRIL-5-1955 SAN LUIS R.C.SON.

6- ALEJANDRO MONJE. JULIO-25-1950. CD,OBREGON, SONORA.

7- RICARDO AGUILAR RODRIGUEZ. ABRIL-9-1969 TECUALA, NAY.

8- IPOLITO QUIROZ CORDOBA. AGOSTO-8-1955 SAN LUIS RC.SON. 9- JOAQUIN RODRIGUEZ EVANGELISTA.AGOSTO-16-1957 JALISCO.

10- CARLOS BRAVO GARIBAY.ABRIL-17-195.0..GUADALAJARA.JALISCO 11- ANTONIO DIAZ GONZALEZ .'ABRIL-I 3-19 5 9 VALLE DE MEXICALI. 12- MARCOS LARA. ABRIL-27-1970 CHIHUAHUA,CHIK. 13- CARLOS ANTONIO LOPEZ-MOLINA.ABRIL-3-1966.TIJUANA,B.C. 14- CARLOS ANTONIO HERNANDEZ. SEP-11-1973. GUADALAJARA,JAL

T. C. N.

214-PX-51740
Since investigative guidelines state that no investigation of a state or local prison facility should be undertaken without instructions from the Department of Justice, no further investigation is being conducted in this matter by the Phoenix division. Consul ESCALANTE has been advised of this by letter.

 
 Memorandum

AEP:MHNsAJB:ph DJ 168-8-24
Subject
Proposed Investigation of the Gila County Jails in Globe, Arizona

Date
UN 3 iS9i

Deval L. Patrick To Assistant Attorney General
Civil Rights Division

_ Arthur E. Peabody, Jr. FronChief ' Special Litigation Section

RE COMMENDATION
Pursuant to the Civil Rights of Institutionalized Persons Act, ("CRIPA"), 42 U.S.C. § 1997 e_£ sea.. we recommend an investigation into the conditions of confinement at the Gila County Jails in Globe, Arizona.
We have received complaints from the Government of Mexico which indicate possible violations of constitutional rights of persons incarcerated in these facilities, including sentenced inmates, pre-trial detainees and Immigration and Naturalization Service detainees. These complaints include allegations of inadequate clothing provision for inmates, particularly in cold weather; lack of bedding and blankets; lack of appropriate hygiene items; insufficient food of adequate nutritional content; and lack of appropriate medical care. These deficiencies, if verified, would deprive Gila County inmates of their federal constitutional rights. Sentenced inmates are entitled to protection against "the wanton and unnecessary infliction of pain" proscribed by the Eighth Amendment. Chapman v. Rhodes. 452 U.S. 337, 346 (1981). Pre-trial detainees are similarly entitled to conditions which do not amount to unconstitutional punishment pursuant to the due process clause of the Fourteenth Amendment. ISli v. Wolfish. 441 U.S. 520, 535 (1979); £f. Inoraham v. Wright. 430 U.S. 651, 671-72 (1977). Aliens detained by the Immigration and Naturalization Service are entitled to constitutional conditions of confinement pursuant to the Fifth Amendment's due process clause. Ortega v. Rowe. 796 F.2d 765, 767 (5th Cir. 1986).
BACKGROUND
The Gila County Jails consist of two facilities. The main jail is located in Globe, Arizona. A substation jail is located in the town of Payson, Arizona. As reported to the American Correctional Association National Jail and Adult Detention Plrectory, Fifth Edition, 1990, Gila County claims that the main jail has a rated capacity of 127 inmates and an actual census of approximately 100 inmates. The substation jail is said to have a
CRIPA Investigation

JC-AZ-001-002

- 2-
capacity of twenty-two inmates. In the 1985 edition of the American Correctional Association Directory, the main jail was said to have a capacity of seventy-five inmates and an actual census of 100 inmates. There is no indication that the main jail has been renovated to account for the increased rated capacity reported in 1990. The reported correctional officer staffing of a total of eighteen correctional officers for both facilities appears inadequate to provide twenty-four hour a day, seven day a week coverage for both facilities. Source, ACA Directory. 1990.
This investigation is predicated upon a referral to this Division of a letter of complaint (copy attached) from Honorable Nicolas Escalante, Consul of Mexico, whose office is located in Phoenix, Arizona. The letter was sent to Janet Napolitano, United States Attorney for the District of Arizona, and was subsequently forwarded to this Division by the FBI on April 25, 1994. The attorney responsible for this matter has responded by telephone to the Consul, and additional information has been informally obtained from him by telephone interview. As a courtesy to the Mexican government, we are attaching a letter for your signature to Consul Escalante indicating our intention to conduct an investigation of the matters raised by him, should you determine that an investigation of this matter pursuant to CRIPA is warranted. Because Immigration and Naturalization Service ("INS") detainees are held in the Gila County jails, and because the safety and security of these foreign nationals is the foremost concern of Mr. Escalante, we are also attaching for your signature a letter advising the Director of the Immigration and Naturalization Service of our intention to conduct an investigation into the conditions of confinement at this facility in which the INS rents jail space.
With respect to the focus of the investigation, conditions of confinement in the jails are the matters subject to investigation under CRIPA, without regard to the citizenship status of individuals incarcerated therein. In these facilities, however, INS detainees are mixed together with general population citizen inmates. Thus, the conditions observed by Mr. Escalante apply equally to United States citizen inmates.
In his letter to the Arizona United States Attorney, Consul Escalante sets forth a description of conditions which he personally observed by visiting the Gila County Jail. Quoting from his letter, "I personally found the situation appalling and I hereby request that in the case of this group of mexican citizens, list attached, their rights as federal prisoners be respected or that they be transferred to other facilities without the problems that I was able to verify." In addition to this statement set forth in his letter, we were advised that, due to the severity of conditions observed, Mr. Escalante and his assistant visited the facility again in late April of this year and noted that absolutely no improvement in conditions had

- 3-
occurred since his previous visit. Mr. Escalante has verbally advised Gila County jail management of his concerns, and by his letter to the United States Attorney, similarly placed the United States on notice of the alleged unlawful conditions.1/
ALLEGED UNCONSTITUTIONAL CONDITIONS
Inmates at the Gila County jails are allegedly incarcerated under conditions of confinement which result in actual harm to them. Based upon on-site observations of inmates and interviews with detainees, Consul Escalante asserts in particular significant inadequacies with basic necessitates of life, including - insufficient clothing; inadequate bedding; lack of hygiene items and opportunity for exercise; an inadequate diet with insufficient amounts of food provided; and indifference to serious medical needs of inmates. Although he did not interview United States citizen prisoners, as previously mentioned due to the integration of alien detainees with general population inmates, the conditions complained of are not exclusive to the alien detainees.
I. Clothing and bedding.
Inmates at this jail are provided one jail uniform which is the sole article of clothing in their possession. Underwear is not provided, and on days when the one jail uniform is washed, the inmates are allegedly forced to remain in the nude until the clothing item is returned. If the inmate happens to have visitors on that day, the visits are cancelled. Many inmates are placed in cells without appropriate bedding. Mr. Escalante noted that many of the detainees were not issued blankets. The town of Globe, Arizona is located at a relatively high altitude and many detainees asserted to Mr. Escalante that they suffered from the
1/ The actual notice given by the Consul to the county and the United States regarding alleged unlawful conditions alleviates, from a civil rights perspective, a potential problem arising from Ortega v. Rowe. supra. the leading case involving INS detainees. In Ortega. private plaintiffs complained that INS Border Patrol detainees were forced to sleep on concrete floors and metal bunks without mattresses. The court denied the plaintiffs relief because the plaintiffs failed to show either - (a) that the defendants, INS and a Texas county, intended to punish the detainees by subjecting them to such conditions, or (b) that actual notice of the conditions was provided to INS or county authorities. In that case, the county and INS avoided liability by asserting that "[f]ederal agents believed that Lubbock officials were responsible for maintaining the jails, while local officials believed that operations were within the province of the Border Patrol." Ortega. 797 F.2d at 766.

- 4-
effects of cold temperatures in the jail with insufficient clothing and bedding.
II. Hvaiene items and exercise.
Inmates are not issued toilet paper, and are provided insufficient amounts of soap, toothpaste and other basic items required to maintain cleanliness and good health. The physical plant is not well maintained and inmates complain of an inability to clean their living areas. Exercise time is allegedly limited to fifteen minutes per day, which is inadequate to provide appropriate muscular exercise and opportunity to avoid illness caused by lack of out-of-door activity.
III. Insufficient diet.
According to Mr. Escalante, all inmates interviewed by him complained of insufficient amounts of food provided to sustain health. At the time of his first visit to the facility, Mr. Escalante noted -in an anecdotal manner that the rice which was served to inmates that day appeared burned or otherwise inedible. Moreover, inmates were unable to supplement their diet with items from the commissary because it had been closed for several weeks.
IV. Failure to address serious medical needs.
Inmates bitterly complained to Mr. Escalante that medical care at this facility was insufficient to deal with serious medical needs. Serious and untreated skin diseases were noted by Mr. Escalante during the course of his visit. Inmates complained that forms were often not provided to request medical attention, and when they were provided, it took several weeks to see the doctor who served the jail. It is unknown at this juncture how often the doctor provides medical services at the jail. Although there is a nurse of some level of certification at the jail, inmates asserted to Mr. Escalante that she refuses to do nursing rounds due to the nudity of many inmates waiting for a clothing issue.
According to one private attorney involved in jail litigation in the state,2J there has been at least one suicide that he is aware of which took place at the Gila County Jail during approximately the last two or three years. In that instance, a Navajo woman inmate with known suicidal propensities was allegedly left alone for a considerable time in the jail and was able to commit suicide by hitting and tearing herself and
2J Telephone call May 12, 1994, with George Barnett, an Arizona attorney who has been involved in private class action litigation and medical malpractice litigation regarding jail and state mental health facilities.

- 5finally successfully terminating her life by hanging. Based upon his knowledge of the lack of mental health services in Arizona, it was his opinion that essentially no mental health services are provided in any but the largest jails in the state.
Due to the remote location of this jail facility, and the lack of inmate advocates in the Arizona jurisdiction, civil rights groups in Arizona were generally unable to provide additional information about this jail. However, Ms. Bonnie Carter of the Arizona State University Law School Prison Project advised.2/ that she had received complaints about conditions of confinement in Arizona jails, and recalled complaints received from inmates pertaining to the Gila County facilities. She further advised that she does not retain jail complaints, or investigate them, as her program and resources are limited to involvement in a longstanding statewide prison conditions lawsuit.
CONCLUSION The described violations suggest that inmates at the Gila County Jails are suffering immediate threats to their health and safety which are proscribed by the Constitution. Alien detainees are similarly protected by due process rights available to them under the Constitution. For all the foregoing reasons we recommend approval of this investigation.
Attachment Approved: Disapproved: Comments:
2J Telephone conversation, May 4, 1994, Arizona State University Prison Project.

 
 ot :he A^s-stuni .-\"<i'~\<r Grit'iii

U.S. Department of Justice Civil Rights Division
Htuhinttum, DL Z]

AU6 3 1994
The Honorable Nicolas Escalante Consul of Mexico 1990 West Camelback Road Phoenix, AZ 85015
Re; Gila County Jails - Globe and Pavson. Arizona 73-37/732
Dear Consul Escalante:
This is in response to the referral of your complaint to the United States Attorney in Phoenix, Arizona, regarding conditions of confinement in the Gila County Jails, particularly concerning the conditions you noted with respect to Mexican nationals incarcerated in the Gila county jail system. United States Attorney Janet Napolitano has referred the matter to the Civil Rights Division for such action as may be appropriate.
Based upon information set forth in your letter, as well as other information obtained, I have authorized the Special Litigation Section of this Division to initiate an investigation of conditions of confinement in the Gila county jail system pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 e_£ sea. This Department is committed to providing humane, constitutionally acceptable conditions of confinement to all persons incarcerated in United States facilities without regard to nationality, race or citizenship status of persons incarcerated. The Immigration and Naturalization Service is also being notified of our intention to conduct an investigation of conditions in these county jail facilities.
Your referral of this matter to the Department of Justice is very much appreciated.

Dev Assistant Attorney General
Civil Rights Division
CRIPA Investigation

™ ™™

••• • • • • • •

•

JC-AZ-001-003

U.S. Department of Justice
Civil Rights Division
y.in. DC" :!>^5
AUG 3 - 1994
Ms. Doris Meissner Commissioner Immigration and Naturalization Service 425 I Street, N.W. Washington, D.C. 20536
Re: Gila County Jails - Globe and Pavson. Arizona
Dear Commissioner Meissner: The Civil Rights Division has received complaints pertaining
to conditions of confinement in the Gila County Jails, Globe and Payson, Arizona. Of particular interest to the Immigration and Naturalization Service is the complaint received from the Consul of Mexico regarding alleged unconstitutional conditions personally observed by him, and the continuing nature of these allegedly unlawful conditions. It is our understanding that the INS rents jail space from this jurisdiction to hold detainees pending disposition of their citizenship status.
After review of the factual allegations concerning these facilities, I have determined that the Special Litigation Section of this Division will conduct an on-site investigation of the conditions of confinement at these facilities utilizing the expertise of consultants experienced in evaluating jail conditions. This investigation will be conducted pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997
Because aliens as well as other inmates are entitled to constitutional conditions of confinement, this investigation will include, but will not be limited to, the matters raised by the Mexican Consul.
Assistant Attorney General Civil Rights Division

 
 O f w •" :h,- H.. .:>:.;.•:: ^:.~:"

L.5. Civil Riehcs Division

AUG 3
Mr. Crews Salas Chairman, Board of Supervisors County of Gila, Arizona 1400 East Ash Street Globe, A2 85 501
Dear Chairman Salas:
I an writing to advise you that we intend to investigate conditions of confinement at the Gila County Jails in Globe and Payson, Arizona. This investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 e_t seq.
The purpose of this investigation will be to determine whether conditions of confinement at the Gila County Jails violate the federal constitutional rights of inmates held there. The investigation will focus on, among other things, allegations we have received regarding: (1) medical care, (2) mental health care, (3) physical plant, (4) food service, and (5) corrections.
The initiation of this investigation does not indicate a prejudgment on our part that federal constitutional rights have been violated. Additionally, if as a result of our investigation any violations are found, we intend to confer with the Board and the Sheriff concerning any appropriate corrective action.
We would like to initiate this investigation as soon as possible. In that regard, attorneys from my office will contact the Sheriff in the near future to arrange tours of the jails by our consultants and Civil Rights Division personnel. The attorney responsible for this matter is Andrew J. Barrick, (202) 514-6249.

CRIPA Investigation JC-AZ-001-004

- 2Your cooperation is appreciated
S ineerely ,- ...
^ ™ jTTafrtck
Assistant Attorney General Civil Rights Division
Mr. Ronald Christensen cc: Supervisor
Mr. Edward G. Gurrerro Supervisor M r . Joe >'.. Rodriguez Sheriff

U.S. Department of Justice Civil Rights Division

^7^-C
J w

 
 Office of the Assistant Attorney General

U.S. Department of Justice Civil Rights Division
Utoshington. D.C. 20035

Ms. Doris Meissner

January 7, 1998

Commissioner Immigration and Naturalization Service 425 I Street, N.W., Suite 7100 Washington, D.C. 20536

Re: Investigation of Gila County Jails

Dear Ms. Meissner:

We conducted an investigation into conditions of confinement at the Gila County Jails, Globe and Payson, Arizona, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997h. We have found that the conditions of confinement at the Globe facility fall below constitutional minimum standards. Enclosed is a copy of our findings letter, which is being sent to Gila County.

We understand that the Immigration and Naturalization Service currently houses federal inmates at the Globe Jail. We ask that you reassess this matter in light of our findings. If you have any questions concerning this matter, please contact the Chief of our Special Litigation Section, Steven H. Rosenbaum (202-514-6255).

Enclosure

Baiilnl Ljjaannnn LLeeee Acting Assistant Attorney General
Civil Rights Division

cc: Mr. William Buddenberg Acting Director of Detention Management Branch

Mr. David A. Martin General Counsel Office of the General Counsel

CRIPA Investigation

™ ••

•• ••

• • • ! •!••

JC-AZ-001-005

Office of the Assistant Attorney General

U.S. Department of Justice Civil Rights Division
Mbshington, D.C. 20035

United States Marshals Service 600 Army Navy Drive, Suite 1200 Arlington, VA 22202

January 7, 1998

Re: Investigation of Gila County Jails

Dear Mr. Gonzalez:

We previously notified the Marshals Service that we were initiating an investigation into conditions of confinement at the Gila County Jails, Globe and Payson, Arizona, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997h. We have completed our investigation of both Jails, and have found that the conditions of confinement at the Globe facility fall below constitutional minimum standards. Enclosed is a copy of our findings letter, which is being sent to Gila County.

We understand that the Marshals Service currently houses federal inmates at the Globe Jail. We ask that you reassess this matter in light of our findings. If you have any questions concerning this matter, please contact the Chief of our Special Litigation Section, Steven H. Rosenbaum (202-514.-6255) .

/

/

Acting Assistant Attorney General Civi^ Rights Division
Enclosure
cc: Mr. Joseph T. Frey, Jr. Chief Prisoner Operations
Ms. Deborah C. Westbrook General Counsel Office of the General Counsel

 
 Office of the Assistant Attorney General

U.S. Department of Justice Civil Rights Division
Washington, D.C. 20035

Mr. Cruz Salas Chairman Gila County Board of Commissioners 1400 East Ash Globe, AZ 85501

January 7, 1998

Re: Notice of Findings Pursuant to 42 U.S.C. § 1997b, Regarding the Gila County Jails (Globe and Payson. AZ)
Dear Mr. Salas:

I am writing to you regarding the Department of Justice investigation of conditions of confinement at the Gila County Jails (Globe and Payson, Arizona), pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et ££3. On August 21, 1996, we sent you a letter and expert consultant reports providing interim findings so that you would have information to assist you in seeking to accomplish voluntary compliance. In February and March 1997, we re-toured the jails with two expert consultants. We now write to advise you of our findings and recommendations regarding conditions of confinement at the Globe and Payson jails.

Our review of jail conditions included visits by sanitarian and penologist consultants, interviews of staff and inmates, and review of appropriate documents. The investigation focused upon allegations of inadequate supervision of inmates, insufficient officer staffing, inadequate provision of medical services, and general sanitation, food service and environmental deficiencies. We appreciate the assistance provided by Sheriff Rodriguez and jail personnel during our visits.

We conclude that unconstitutional conditions exist at the Globe Jail in the areas of inmate classification, security,
inmate supervision, inmate exercise, correctional officer
staffing, correctional officer training, and environmental conditions. In contrast, at the Payson Jail the County has implemented sufficient remedial measures to correct the unconstitutional conditions we had identified.

CRIPA Investigation

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HB HI • HI

JC-AZ-001-006

I. LEGAL FRAMEWORK

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Conditions of confinement for inmates are governed by two sources of constitutional law: the Fourteenth Amendment (for pretrial detainees) and the Eighth Amendment (for inmates convicted of a crime). In providing our conclusions regarding the jails, we recognize that Gila County Jails confine both pretrial detainees and convicted persons. Inmates may not be deprived of their basic human needs while incarcerated and must be protected from harm. 2s&, Estelle v. Gamble. 429 U.S. 97 (1976). With respect to pretrial detainees, the Fourteenth Amendment prohibits punishment of these persons or any restrictive condition or practice that is not reasonably related to a legitimate governmental objective such as safety, order or security. Ee_H v. Wolfish. 441 U.S. 520 (1979). Inmates convicted of crimes and confined in jails are protected against cruel and unusual punishment as set forth in the Eighth Amendment to the Constitution. £££_, Rhodes v. Chapman. 452 U.S. 337 (1981); Wilson v. Seiter. 501 U.S. 294 (1991); Farmer v. Brennan, 511 U.S. 825 (1994) .

II. THE GLOBE JAIL

A. Introduction

The Globe Jail is a medium-sized facility, according to American Correctional Association standards, with a rated capacity of 160 inmates. This jail in the past has incarcerated as many as 180 inmates. This crowding requires some inmates to sleep on the floor, often for a considerable period of time. Globe's inmate population ranges from minimum custody misdemeanants to dangerous convicted felons awaiting removal to Arizona Department of Corrections facilities. Globe houses high security and difficult inmate management cases. Immigration and Naturalization Service inmate detainees and other federal inmates also are held at Globe under contract with the United States government. Some inmates are classified and separated on the basis of behavior or the need for protection, but most inmates are assigned to housing units based on whether they are sentenced or unsentenced.

B. Classification, Security and Supervision

Inmates are constitutionally entitled to incarceration in an environment that offers reasonable protection from harm. A system of inmate housing classification based upon objective behaviorally-based criteria helps attain effective inmate management. Appropriate classification reduces the potential for harm caused by inmate-on-inmate violence. We conclude that the most basic inmate safety and security requirements have been severely compromised at Globe. Predatory inmates are not

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separated from others. Inmate-on-inmate assaults are common events.. Inmates confided that they were in constant fear of assault from others and could not rely on assistance from staff.
Except for a few segregated inmates, the Globe Jail currently uses a non-behaviorally based system of classification, which merely separates pre-trial detainees from sentenced inmates. This system of classification is inadequate to assure inmates reasonable levels of safety and security. The jail fails to keep accurate records of assaults, particularly inmate-oninmate assaults, so that it is impossible readily to identify from records which inmates, either sentenced or pre-trial, pose the greatest risk of harm to others. These classification deficiencies are compounded by the practice of detaining as many as 14 to 16 inmates in 8 foot by 10 foot "holding cells" and forcing inmates to sleep on the floor for days in small cells in cramped and unsanitary circumstances.
Supervision of inmates is inadequate. The ability of inmates to fashion weapons from disassembled light fixtures and air supply duct work, the numbers of escapes and the instances of disturbances at this jail, reflect inadequate supervision of inmates at this facility. On a positive note, Gila County has made improvements to the perimeter security of the facility with the addition of fencing and razor wire. The control room has been upgraded with the addition of many security cameras so that observation of inmates and sensitive areas of the facility may be accomplished by the control room officer.
These physical plant improvements, however, do not alleviate the fundamental problem of inadequate prisoner supervision at this facility. There is an acute need for "hands-on" officer observation and interaction with inmates. Camera observation does not substitute for inmate supervision. As our consultant noted, "[e]ven if the (control room) officer observed something, there are not sufficient staff to respond." ' Often the entire facility is staffed with only two corrections officers. In this circumstance, the control room officer cannot leave the post, as this officer controls the doors. The second officer is often involved with booking new inmates. Thus, there is often no officer on duty whose primary responsibility is the interactive supervision of inmates in their housing units. Indeed, given the lack of back-up support, officers rarely enter inmate housing areas. Recurrent instances of inmate-on-inmate violence at Globe are directly related to the lack of sufficient numbers of trained staff.
Jail authorities have not taken adequate measures to curtail inmate access to potentially dangerous instruments. The ease with which inmates have been able to fashion and hide homemade weapons directly affects the safety and security of inmates and staff. Some of these problems are relatively simple to correct.

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For example, in 1995, our consultant noted instances in which mops, mop wringers and buckets were left unattended in day rooms in inmate housing areas. These items may be dismantled and made into effective weapons. The same haphazard disbursement of cleaning equipment was noted in the most recent tour. In other instances, outdated, easily tampered, lighting and duct work metallic items are utilized in lieu of high security fixtures. A collection of "shanks" fashioned from these fixtures and recovered from inmates was shown to our consultant.
We note other security related deficiencies. The area in back of the jail near the shop is open to inmate trustees. In this area there are a variety of discarded metal items, which may be fashioned into weapons. Our consultant observed that much of this material is lying around in a wholly disorganized, unprotected manner. Furthermore, in other areas of the jail, such as the control center, where again "trustees" have access, scissors and screwdrivers were stored in open view without any sign-out log or other form of tool control. The lack of tool and metal refuse control poses enormous potential for harm.
The safety and security of inmates and staff is at risk due to the fact that the emergency annunciator panel is inoperative, and has been inoperative for a considerable period of time. Moreover, although the jail has made two back-up sets of emergency keys, these keys are not readily available to on-duty staff in the control room. In the event of a security-related emergency, there is a significant chance that back-up keys could not be promptly obtained. These deficiencies have been brought to the attention of jail management in the past by this Department's consultants, as well as State of Arizona authorities, without any indication of the implementation of corrective measures.
There were, however, a few positive improvements in security. The most effective tool control policy at Globe is followed in the food service kitchen where dangerous tools such as knives and other instruments are strictly controlled. Although trustees have access to this area, the food service manager does an excellent job of accounting for every item that conceivably could be removed from the kitchen and used as a weapon. We also noted that showers in inmate housing areas now have privacy panels, which allow for both privacy and appropriate security observation.
C. Correctional Staff Training
Security and safety are also compromised by inadequate staff training. On the day of our correction consultant's most recent visit, the officer working the most sensitive post in the facility, the control center, had received no formal correctional

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officer training whatsoever. Our interview of this officer disclosed that this individual did not know what she was expected to do in the case of a fire or security emergency. Placing an untrained novice in the most sensitive post in the jail jeopardizes the safety and security of every person in the jail.
Many of the correctional officers at Globe had not been sent to the basic correctional officer training course. In-service training is similarly inconsistent and inadequate. For example, the jail has developed an emergency response team to respond to serious inmate altercations, but it is poorly planned and presents opportunities for unjustified and unaccountable use of force. Officers are allowed to keep all of their disturbance control equipment in their vehicles, an inappropriate and dangerous practice. If lawful force would have to be initiated, jail management would have no record, control or ability to account for the distribution of security equipment, a situation that invites improper use of force. The net result is a poorly trained, understaffed workforce, unable to cope with emergency situations in the jail.
The Globe Jail also lacks a comprehensive set of jail operation policies and procedures and post assignment orders. Policies and procedures are an essential tool for the operation of the jail, and post orders delineate the officer duties associated with a particular job assignment. Moreover, knowledge of these policies, procedures and orders is a key element in correctional officer training. The fact that such policies and post orders are not available to line staff so that they may understand their responsibilities underscores the basic organizational problems at this facility and exacerbates the problem associated with inadequately trained staff.
D. Inmate Exercise
Inmate outdoor exercise is virtually non-existent. Inmates asserted and staff confirmed that outdoor exercise is an infrequent event, sometimes delayed for weeks. Inmates at Globe have not been provided the opportunity to engage in reasonable amounts of outdoor exercise, a constitutionally recognized right. "Some form of regular outdoor exercise is extremely important to the psychological and physical well being of inmates." Spain v. Procunipr. 600 F.2d 189, 199 (9th Cir. 1979) (one hour of exercise five days per week); Rutherford v. Pitchess. 713 F.2d 1416 (9th Cir. 1983)(minimum of 2& hours of outdoor exercise per week). Again, this problem directly relates to inadequate correctional officer staffing and supervision problems. Moreover, female inmates appear to have even less opportunity for out-of-cell

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outdoor exercise than male inmates. Although inmate exercise opportunities have improved slightly since our consultant's 1995 tour, inmates are still not receiving constitutionally mandated regular periods of outdoor exercise.
E. Sanitation, Environment and Fire Safety
Significant environmental and safety issues remain unresolved at the Globe jail, some of which are due to increasing numbers of inmates placing greater utilization demands on an aging facility. Other deficiencies reflect the need to increase routine maintenance and to otherwise correct seemingly longstanding deficiencies, particularly in the area of fire safety. These deficiencies are a direct threat to the safety and well being of inmates (and staff) with significant potential for harm from food borne illness, improper climate and air exchange control and, most significantly, potential for fire and smokerelated disaster.
1. Dietary Adequacy and Food Service Sanitation
Although we had received complaints in the past regarding the quantity of food provided inmates, based upon our review of current menus and observation of the actual inmate meals served, we conclude that the new food service provider, Wackenhut Corporation, and its facility manager are currently providing inmates with meals of sufficient nutritional content to maintain health, and therefore meet or exceed constitutional minimum requirements. Moreover, we find that meals provided are consistent with menus planned in advance by a dietician.
Food service sanitation conditions in the kitchen area, however, are inadequate and significantly affect the health and safety of persons incarcerated in this jail, utensils were not cleaned and sanitized properly and were not allowed to air dry. These conditions were caused by insufficient storage space in the kitchen area and by the absence of dishwashing equipment. In addition, some food items were not properly dated and covered in the refrigerator. Plastic food trays and covers that allow water to collect in the interior were not discarded, creating a breeding ground for microbial organisms. Proper monitoring and testing of chemical sanitizer levels in the dish and pot washing sinks was not accomplished. These conditions pose a substantial risk of harm from food-borne illness. In addition, the cooking stove had dangerous electrical defects and grease build-up in the stove hood that pose a significant risk of fire.

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2. Environmental Hazards
Environmental problems needing correction in the jail housing areas include air quality, water quality, general sanitation and sanitizing practices. The heating and air conditioning system is in great need of repair, as temperature control and air movement in this closed ventilation system is erratic. Some areas of the jail receive virtually no fresh air, and temperatures vary significantly. These conditions present substantial risk to the health of inmates and staff. Indeed, we note that environmental authorities closed a portion of the jail on our recent visit due to an undisclosed environmental hazard under investigation at the time.
Although water quality and plumbing are generally adequate, our consultant noted on a prior visit the possibility of water contamination by the absence of back-siphonage/back flow prevention devices. Such devices have been installed in only some locations in which they are needed. Moreover, toilets and urinals in some areas of the jail, particularly the trustee dorm, are inoperative, needing repair or capping. There is an urgent need for a sump pump in the area of the jail containing the electrical transfer equipment and transformers, as that area is below grade, and subject to flooding from burst plumbing. Fire or electrocution could result from this dangerous condition.
In the cellblocks, mold and mildew are present throughout the facility. Evidence of roofing leaks and water damage were seen throughout the jail. These conditions contribute to the potential for fungal and bacterial disease transmission. Floor surfaces in shower areas are particularly slippery and are potential sources of injury from falls. Staff acknowledged that the shower areas were particularly dangerous and that inmates had frequently slipped and fallen.
We observed that bedding and mattresses that were worn and filth laden were being replaced. Our consultant previously noted that the jail had insufficient amounts of inmate uniforms and underwear for clothing exchange. Corrective action has been taken in that sufficient supplies of clean clothing were observed during our most recent visit.
Laundry processing is greatly improved. We note that the laundry has expanded its capabilities with the addition of new washers and a commercial dryer. Additional effort and training is needed, however, to separate laundry contaminated with blood or bodily fluids from other laundry. This deficiency reflects a lack of appropriate blood-borne pathogens training among staff and trustees.

3. Fire Safety

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Fire protection is dangerously inadequate at the Globe Jail. Inmates and others occupying this jail are at significant risk of harm due to years of neglect of the most basic fire safety' equipment. Safety systems including alarms and smoke detectors have been allowed to deteriorate to the point where the entire system is inoperative. Maintenance and record keeping reports were missing or non-existent regarding these essential systems. Local fire authorities repeatedly have noted and advised Globe authorities of violations of the Arizona Fire Code since at least January 1994. As of the date of our consultant's latest visit, the emergency notification system, including smoke detection and alarms remained inoperative, placing staff and inmates equally at risk of harm. These longstanding deficiencies are extremely serious and life threatening.
Other serious fire safety deficiencies exist at Globe. Emergency keys provided to staff to open doors and provide a means of escape to inmates and staff in case of a fire did not work. A self-contained breathing apparatus used to rescue individuals from smoke inhalation was located in the control room but correctional officers, who should have been trained in its use, had no idea whatsoever about how this equipment is operated. To summarize, fire safety equipment in this jail is either inoperative, or if functioning, as in the case of the selfcontained breathing apparatus, untrained staff cannot operate the equipment.
Staff fire safety training, disaster training and an updated fire safety plan are not in place. Critical employees such as control room officers were unaware of any fire safety plan, had not received fire safety training, and did not have any idea whether the fire alarm and smoke detection system was operative. Indeed, the only improvement regarding fire safety which we were able to confirm is that previously identified problems regarding testing of the emergency power generator have been corrected. Overall, this facility fails to meet essential fire safety requirements.
F. Medical Services
Medical care was deficient at the time of our previous visits, particularly intake screening, sick call and tuberculosis testing. Gila County authorities have recently retained a full time licensed physician's assistant who was on duty at the time of our most recent tours. The retention of the full-time physician's assistant has changed the situation with respect to medical care issues. If medical services improve as expected, the medical issues previously identified will be resolved. Accordingly, we are deferring any further action or findings with

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respect to medical care to allow the new medical professional sufficient time to implement intake procedures, sick call, tuberculosis testing, medication distribution and an appropriate medical records system.
III.
A. Inmate Classification, Security, Safety and Supervision, Staff Training and Inmate Exercise
1. Establish an inmate classification system utilizing objective classification standards based upon safety and security.
2. The jail's physical plant must be upgraded to provide adequate security and safety by repair or replacement of defective emergency notification components. Cell block areas need upgrading and improvement with respect to security fixtures, including lighting and duct work grilles to prevent inmates tampering with and obtaining materials to fashion weapons.
3. A set of emergency keys, which function appropriately on all exit doors, must be kept readily accessible to staff on all shifts. All corrections staff must be educated with respect to the location of emergency keys within the facility.
4. Correctional officer rounds procedures should be improved to provide frequent in-unit surveillance of inmate housing areas. Appropriate documentation of security checks must be maintained in a manner that is readily identifiable and verifiable.
5. The correctional officer staffing complement should be increased. Female officers should be available to attend to female inmates whenever strip searches are conducted or other privacy concerns are implicated. Appropriately trained officers should be on duty during each shift to provide adequate back-up in case of an emergency.
6. Based upon the current configuration, jail personnel should desist from crowding inmates in the holding cell in the booking area for any time longer than three hours. Moreover, for inmates held in the holding area overnight, the jail should provide means to assure that inmates do not have to sleep on the floor.

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7. Effective tool control policies should be implemented. Areas in which metal objects are stored or placed in trash should be secured appropriately. If such securing of items is not feasible, then inmate workers must be forbidden access to these areas.
8. Disturbance control equipment must be located in the jail under the direct control of the shift commander. Logbooks must be maintained to assure proper control and accountability of security equipment. Correctional officers and/or emergency response team members must not be permitted to bring their own disturbance control equipment into the jail. (This limitation is not intended to preclude the assistance of other law enforcement authorities when necessary.)
9. Correctional officer training should be improved so that each officer receives academy training within six months of employment. In-service training should be provided all correctional officers on a routine basis. Management should develop appropriate post orders and facility policies and procedures and provide training in these orders and policies to all corrections officers. With respect to the jail control center, in no circumstance shall an untrained correctional officer be assigned alone to this post.
10. All inmates should be provided reasonable opportunities for outdoor exercise on a regular basis. Women inmates should be provided equal access to exercise equipment.
B. Sanitation, Environment and Fire Safety
1. The food preparation area should be expanded, if at all possible, to adequately service a jail the size of the Globe facility. At minimum, measures must be taken to assure proper food storage and utensil sanitation. Utensils should be cleaned and sanitized properly and allowed sufficient room to dry. Installation of a commercial dishwasher in lieu of the current hand washing of trays and utensils is recommended for appropriate sanitation. Defective food trays and covers should be replaced. Toilet and hand washing facilities should be made readily available to kitchen staff.
2. Back-siphonage prevention devices should be installed wherever there is the possibility of water system contamination. A sump pump should be installed to prevent electrical failure and the possibility of fire in the belowgrade maintenance area of the jail. Electrical deficiencies

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in the kitchen, particularly above the stove should be corrected. Grease build-up in the stove hood should be remedied to reduce the risk of fire.
2. Showers in cellblocks need to be cleaned and refurbished to provide adequate safety, and sanitation. Appropriate non-slip surfaces or matting should be provided in shower areas. Roofing leaks should be repaired or the entire roof should be replaced.
4. Urinals and toilets should be repaired or capped to prevent disease transmission and objectionable odors. Showers should be repaired and cleaned in dormitory and cellblock areas to prevent falls and the transmission of disease.
5. The entire ventilation, heating and air conditioning system should be evaluated and repaired to provide sufficient volume of fresh air flow and appropriate temperature control in all areas of the jail.
6. The fire and smoke detection system and annunciator panel must be repaired and maintained in good order. Exit doors, 'keys and locks must operate properly and emergency keys must be readily available to staff.
7. Fire drills and tests of fire exiting must be conducted on a routine basis. Evacuation of all inmates is not required provided a plan is in place for evacuation of inmates posing a risk of escape or violence.
8. A comprehensive fire safety and disaster plan must be developed and all correctional officers must receive appropriate training in the requirements of these plans.
9. All correctional officers must be properly trained to use safety equipment such as self-contained breathing units.
IV. THE PAYSQN JAIL
A. Introduction
The jail at Payson is primarily a short term booking facility and a facility for misdemeanants; prisoners with behavior problems and sentenced felons are transferred from Payson to the more secure facility in Globe. This jail's stated capacity is twenty-five inmates. Particularly on weekends, the facility has held as many as 38 prisoners, some of whom are required to sleep on the floor for relatively short periods of time. The crowding problems at this facility appear to be better

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managed than in prior years. The jail staff has a considerablymore active workload than the average number of incarcerated inmates would seem to indicate. Because the jail is the primary booking facility for a significant portion of Gila County, large numbers of individuals are processed at this facility disproportionate to the numbers of inmates actually incarcerated in this jail. The majority of inmates are incarcerated in this facility for 48 hours or less. Almost 19,000 meals were provided at this jail in 1996, which is a good indicator of the actual number of persons passing through the jail. Moreover, our visit to the facility disclosed that the number of bookings at this jail have increased significantly over the last decade.
B. Correctional Officer Staffing, Supervision and Inmate
Exercise
Prior to our recent visit, we advised the county that correctional officer staffing appeared inadequate. Our concern was that correctional personnel were drawn away from the jail housing areas for considerable time in order to deal with inmate booking responsibilities. In response to this problem, we note that the county has added two full-time detention officers and one part-time transportation officer to the jail's staffing complement. This is a significant staffing improvement, as there are now ten full-time employees and one part-time correctional officer available to staff this jail. Yet, even with this improvement, approximately 15% of the time there is only one officer present with no back-up officer available. We conclude that although correctional officer staffing is now barely acceptable, consideration should be given to hiring one additional officer to assure appropriate officer coverage on all three shifts. Additionally, a female officer should always be available if a strip search or other invasive action regarding female inmates is required.
Because the booking process is extremely staff intensive, we advised you previously that inmate supervision and opportunity for outdoor exercise had been compromised at Payson. Although the amount of outdoor exercise improved during 1996, the outdoor exercise provided does not always ensure that inmates will be afforded a reasonable opportunity for outdoor exercise each week. We note that the addition of correctional staff has greatly alleviated our concerns regarding inmate supervision, and we expect the facility will henceforth be able to provide inmates reasonable opportunities for outdoor exercise.
C. Inmate Safety
Cells utilized for suicide prevention at this jail have several design deficiencies that place suicidal inmates at risk. This problem has been noted by jail management and is in the

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process of being remedied. Additionally, on our previous visit we noted that cells utilized for combative inmates did not have "food pass" slots installed, thereby exposing inmates and correctional officers to possible harm, because officers must open the door each time a meal is brought to the cell. We note that the jail director, Major Cain, has made arrangements to fit high-security doors with food pass slots. In regard to suicide prevention measures, new safety-designed showers have been ordered and delivered to the jail.
Due to instances of inmate crowding noted by our corrections consultant, there have been times in which inmates are forced to sleep on the floor. Except for the briefest duration, inmates should be provided a clean sleeping surface raised at least 12-18 inches off the floor. Unlike Globe, where inmates sleep on the floor for extended periods of time in cramped conditions, at Payson floor sleeping is of very limited duration, usually an evening at most, and conditions are not as confining. We recommend that jail authorities take action to raise mattresses off the floor.
D. Correctional Officer Training
Another deficiency disclosed during our 1995 visit has been remedied. The Payson jail lacked sufficient correctional officer in-service training programs and comprehensive policies and procedures for jail operation. On our most recent visit to the jail, we found that all officers in this facility have received standardized academy and sexual harassment training. As well, appropriate operational policies, procedures and post orders have been developed by the jail commander so that correctional officers are informed of their responsibilities.
E. Sanitation, Environment and Medical Care
The Payson Jail has improved substantially since our first tour. From an environmental and food sanitation standpoint, the Payson facility meets or exceeds generally recognized standards in the field. The current arrangement for medical treatment of inmates at Payson, which involves private physician appointments outside the jail, appears to work adequately. We did not find any problem regarding physician response to inmate sick calls or to transportation of inmates to appointments. We conclude that serious medical needs of inmates receive appropriate response.
F. Conclusion Regarding Payson Jail
For the foregoing reasons we are closing our investigation of the Payson Jail.

V. CONCULSION

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Under separate cover we are sending you copies of Eugene Miller's and James Balsamo's recent expert evaluations of the Gila County Jail facilities. We provided county authorities the earlier consultant reports previously.
Pursuant to the Civil Rights of Institutionalized Persons Act, the Attorney General may initiate a lawsuit to correct deficiencies at institutions 49 days after appropriate local officials are notified of the deficiencies and given an opportunity to remedy them. 42 U.S.C. § 1997(a)(1). We would like to work with you and other Gila County officials to resolve this matter in a reasonable and expeditious manner. We also will seek assistance from federal sources, as available, to assist you in remedying the conditions outlined in this letter. Please advise us as soon as possible with any response you may have to our findings regarding the Globe Jail and a description of the specific steps you will take to implement each of the minimum proposed remedies.

If you or your staff have any questions, please feel free to contact Andrew J. Barrick, Senior Trial Attorney, Special Litigation Section, at (202) 514-6249.

Bill Acting Assisi
Civil Rights Division
cc: Mr. Joe Rodriquez Sheriff
Candyce B. Pardee, Esquire Assistant County Attorney
The Honorable Michael A. Johns Interim United States Attorney

 
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STD, TERMED
U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:98-cv-02269-PGR

USA v. Gila County, et al Assigned to: Judge Paul G Rosenblatt Demand: $0 Cause: 42:1981 Civil Rights
Plaintiff
United States of America

Date Filed: 12/22/1998 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff
represented by Andrew Barrick US Dept of Justice Civil Rights Division PO Box 66400 Room 1714 Washington, DC 20035-6400 (202)514-6252 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jose de Jesus Rivera Haralson Miller Pitt Feldman & McAnally PLC 2 Renaissance Sq 2800 N Central Ave Ste 840 Phoenix, AZ 85004-1069 602-266-5557 Fax: 602-266-2223 Email: jrivera@hmpmlaw.com TERMINATED: 03/03/1933 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mellie H Nelson US Dept of Justice Civil Rights Division PO Box 66400 Room 1714 Washington, DC 20035-6400 (202)514-6252 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven H Rosenbaum US Dept of Justice Civil Division

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V. Defendant Gila County
Defendant Joe Rodriquez Sheriff of Gila County Defendant Gila County Supervisors, Board of
Defendant Gila County Administrator

950 Pennsylvania Ave NW Washington, DC 20530-0001 (202)616-5594 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Candyce Beumler Pardee Cochise County Attorney's Office PO Drawer CA Bisbee, AZ 85603 520-432-8700 Fax: 520-432-8778 Email: cpardee@co.cochise.az.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daisy Denise Flores Gila County Attorney's Office 1400 E Ash St Globe, AZ 85501 (928)425-3231 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daisy Denise Flores (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daisy Denise Flores (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daisy Denise Flores (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/22/1998

#

Docket Text

1 COMPLAINT FILED (SAT) (Entered: 12/29/1998)

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12/22/1998 01/05/1999
11/28/2003 12/02/2003
12/19/2003 12/22/2003

2 JOINT MOTION to dismiss case by Pla USA, Dft Gila County [2-1] (MAP) (Entered: 01/04/1999)
3 ORDER by Judge Paul G. Rosenblatt granting motion to dismiss case by Pla USA, Dft Gila County [2-1]; That this case is conditionally dismissed, pursuant to Fed.R.Civ.P. 41(a)(2), conditional upon dfts achieving compliance with the terms of the Settlement Agreement. That this case remain on the Court's inactive docket, and the Court to retain jurisdiction, until a Final Dismissal with Prejudice is entered. (NOTE: per RC in chambers term this case, no inactive docket) (cc: all counsel) (KMG) (Entered: 01/05/1999)
4 JOINT MOTION to Dismiss Case UNconditionally by pla, and dfts [4-1] (NOTE: At Court Order #3 on 1/5/1999 dismissed this case conditioanlly upon dfts achieving compliance with the terms of the Settlement Agreement) (KMG) (Entered: 12/02/2003)
5 ORDER by Judge Paul G. Rosenblatt granting motion to Dismiss Case UNconditionally by pla, and dfts [4-1]. The United States, pla having entered into a Settlement Agreement with Gila County, Arizona, et al., together with Gila County has moved this Court for entry of an Order finally and Unconditionally dismissing this action. Pursuant to Fed.R.Civ.P. 41(a)(2), this Court entered a Conditional Dismissal Order on 1/5/1999, conditional upon dfts' achieving compliance with the terms of the Settlement Agreement. The United States represents that the dft are in substantial compliance with the requirements of the Settlement Agreement. Accordingly, IT IS HEREBY ORDERED that this case shall be and is dismissed with prejudice. (cc: all counsel) (KMG) (Entered: 12/02/2003)
6 RETURNED MAIL addressed to: Steven H. Rosenbaum re order filed [5-1] (NOTE: Return to Sender - Moved , not forwardable). (KMG) (Entered: 12/29/2003)
7 RETURNED MAIL addressed to: Andrew Barrick re order filed [5-1] (NOTE: Returned to Sender - Moved, Not forwardable) (KMG) (Entered: 12/29/2003)

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 Gila County Jail

http://www.usdoj.gov/crt/split/documents/gilajailsa.htm

SETTLEMENT AGREEMENT Between the United States and the County of Gila, Arizona
Regarding the Gila County Jail

1 of 8

I. Introduction.
Pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997, the United States initiated an investigation into conditions of confinement at the Gila County Jails, Globe and Payson, Arizona. On August 21, 1996, Gila County was notified of interim findings based upon the United States' expert evaluations of conditions at the two jails. Consultant reports were provided to Gila County authorities to assist in the achievement of voluntary compliance, as the County had indicated and demonstrated an intention to achieve voluntary compliance. In 1997, additional expert evaluations of the jails were conducted by the United States. On January 7, 1998, the United States issued its final findings letter. That letter concluded that unconstitutional conditions of confinement remained at the Globe facility, but that sufficient remedial measures had been taken at the Payson facility to justify the closing of that matter. Accordingly, the Payson Jail matter was closed.
Gila County has demonstrated a willingness to resolve remaining deficient conditions pertaining to the Globe Jail without the necessity and expense of further litigation. Fulfillment of the terms of this agreement, voluntarily negotiated and entered into by the United States and Gila County, is intended to resolve all remaining issues relating to conditions of confinement at the Globe Jail. It is the expectation of Gila County and the United States that full compliance with the terms of this agreement shall be achieved within two years of the signing of this agreement, provided however, that compliance with any individual item set forth herein shall be within the time requirements stated within that paragraph. Reference to the "Gila County Jail" or "jail" shall, for purposes of this settlement, refer exclusively to the jail facility located in Globe, Arizona.
II. Terms of Settlement.
A. Inmate Classification, Security, Safety and Supervision, Staff Training and Inmate Exercise.
1. Inmate Classification: Within six months from the entry of this agreement, Gila County (hereinafter, "the County") agrees to develop and implement a professionally based inmate classification plan utilizing objective and/or behaviorally based classification standards. The classification system shall be based upon safety and security considerations unique to the Gila County Jail. The County plans to obtain the on-site assistance of professional consultants in developing the inmate classification system, and may seek the assistance of the National Institute of Corrections, National Jail Center, in developing a classification system appropriate for the Gila County Jail. Compliance with the requirements of this paragraph shall not be dependent or contingent, however, upon obtaining assistance from the National Jail Center. The County may utilize such other professionals to develop the inmate classification plan as it deems appropriate.
2. Emergency Equipment: The County shall develop and implement a plan for the repair or replacement of all defective fire safety notification equipment.
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Remote releases of cell doors and other security doors in the jail shall be maintained in good order or repaired as necessary. The door control annunciator panel in the control center shall be repaired and kept in good operating order. The required plan for the correction of deficiencies noted in this paragraph shall be developed within sixty days of the entry of this agreement and shall be fully implemented within four months thereafter.
3. Suicide Prevention and Inmate Safety: The County shall immediately survey the jail inmate housing areas and promptly modify duct work grilles and lighting fixtures to prevent inmate tampering. Grilles, lights and shower components that have been identified as posing a risk for suicidal behavior shall be modified as necessary to protect life. Bunks in holding cells shall be modified to eliminate space between the frame and wall. All modifications or repairs required by this paragraph shall be completed within six months of the entry of this agreement.
4. Emergency Keys: A set of emergency keys that function appropriately on all exit doors shall be kept readily accessible to staff on all shifts. All corrections staff must be educated with respect to the location of emergency keys within the facility.
5. Officer Rounds: Correctional officer rounds shall provide frequent in-unit surveillance of inmate housing areas. Appropriate documentation of security checks shall be maintained in a manner that is readily identifiable and verifiable. Sufficient officer rounds shall be made within the housing units to provide inmates reasonable protection from harm. At minimum, in maximum and medium security housing areas such rounds shall be made and recorded on at least one-half hour intervals. In minimum and trusty housing areas rounds shall be made at least hourly.
6. Staffing: Correctional officer staffing shall be sufficient to provide reasonable levels of safety and security on all shifts. Female offices shall be available to attend to female inmates whenever strip searches are conducted. To these ends the County agrees to a minimum full time equivalent staff of 30 ½ correctional officers plus six inmate processing clerks. Numbers of personnel, job classifications and assignments for these 36 ½ employees include the
following:

1 Administrator 5 Sergeant shift supervisors 5 Control room staff (processing clerks) 5 Booking officers (including one officer certified as an emergency medical technician assigned to the swing shift) 10 Rovers (housing unit supervision) 2 Floaters (assigned as needed) 4 Transportation officers 1 Medical officer (not counted in 36 ½ staffing - paid by Health Department) 1 Supply officer 1 Classification, orientation clerk 1 ½ Activities officers 1 Sergeant security supervisor

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7. Staff Assignments: All staff having direct contact with inmates shall be fully trained correctional officers. Inmate processing clerks shall only be assigned to functions with no direct contact with inmates, i.e., control room operator and intake clerk. In no event shall there ever be fewer than two correctional officers (rovers) assigned and on duty in inmate housing areas. Moreover, the booking officer shall not be counted as an officer assigned to an inmate housing area, although this officer has responsibility for inmates held in the intake tanks.
8. Addition of Correctional Officer: In the event the population of inmates incarcerated in the Gila County Jail exceeds 170 inmates, the County agrees to add one rover officer on the swing shift to the required correctional officer staffing complement.
9. Holding Cells: Based upon the current configuration of the inmate holding cells area, County authorities shall make every reasonable effort to minimize inmate crowding in the "holding tanks" by processing inmates promptly to inmate housing areas of the jail. To this end, the County agrees to refrain from holding more than eight inmates in each "tank" for up to eight hours. For individuals held more than eight hours, there shall be a maximum of six inmates held per cell. In the event one cell needs to be utilized for isolation of an inmate for mental health observation or other unusual incident, the prohibitions of this paragraph shall be suspended for a reasonable time.
10. Sleeping Surfaces: The County agrees that every inmate shall be provided an appropriate place to sleep regardless of crowding in the jail. To this end, each inmate shall be provided adequate bedding and a clean sleeping surface at least twelve inches off the floor. This requirement is applicable to inmate housing areas as well as cells in the booking area (if inmates are kept in these cells overnight).
11. Tool Control: Jail authorities shall develop and implement written policies regarding tool control. Areas in which metal objects are stored or placed in trash shall be secured. A policy shall be developed regarding access of inmate "trusty" workers to areas in which tools and other metal objects are used or stored. "Shadow boards" shall be installed in tool storage areas and daily accounting for tools shall be taken and documented by staff. "Trusty" worker inmates shall not have access to any area within the jail perimeter in which metal unsecured objects are stored or held for removal as trash, unless the "trusty" is directly and constantly supervised by staff. Correctional officers shall search inmate "trusty" workers and housing areas for contraband articles.
12. Disturbance Control Equipment: All disturbance control equipment shall be located in the jail under the direct control of the Jail Administrator or Shift Supervisor. Logbooks shall be maintained to assure proper control and accountability of security equipment. Correctional officers and emergency response team members shall not be permitted to bring disturbance control equipment into the jail. Disturbance control equipment specifically includes small canisters of chemical sprays. Correctional officers shall not be permitted to bring any personal canisters of chemical spray into the jail.
13. Mutual Aid: Jail authorities shall develop mutual aid agreements with other law enforcement authorities who may be called to the jail in extraordinary circumstances. These agreements shall, at minimum, set forth lines of authority in instances when local or state police are called to assist in responding to jail disturbances or other emergencies.
14. Training for Correctional Officers: All correctional officers shall successfully complete six weeks of academy training within their first year of employment. In-service training of a minimum of forty hours per year shall be required and documented for all correctional officers after their first year of employment. Such training shall include, but is not limited to, certification for CPR, SCBA (Self-Contained Breathing Apparatus), fire safety, inmate mental health issues including suicide prevention, and other appropriate curriculum.
15. Training for Inmate Processing Clerks: Six jail employees (five control room staff and one data entry clerk) whose duties do not include direct inmate

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contact shall receive in-house training in basic correctional skills, but shall not be required to attend the correctional officer academy. Additionally, in-service training for a minimum of forty hours per year in appropriate correctional subjects shall be required of these employees. In no event shall an inmate processing clerk be assigned to a control room post without first receiving training documented as provided herein.
16. Post Orders and Facility Policies and Procedures: Jail management shall develop comprehensive correctional officer post orders and facility policies and procedures within ninety days of the entry of this agreement. The post orders and policies and procedures that have recently been drafted by County jail authorities and reviewed by the United States may provide the basis for compliance with this paragraph. County jail authorities shall, in drafting post orders and policies and procedures unique to the Globe Jail, incorporate as appropriate professionally recommended policies developed by the National Sheriff's Association, the American Jail Association, the National Jail Center and similar organizations. The United States shall be provided a copy of the final proposed policies and procedures within ninety days of the entry of this agreement. The United States shall have the right to review policies, procedures and post orders so developed and shall have the authority to disapprove any policy, procedure or post order which it concludes fails to comport with appropriate penological practice.
17. Inmate Exercise: All inmates shall be provided reasonable opportunities for outdoor exercise on a regular basis. Weather permitting, all inmates shall be provided multiple opportunities for outdoor exercise which shall amount, in the aggregate, to at least three hours per week per inmate. Jail authorities shall maintain appropriate records of daily inmate exercise opportunities.
B. Sanitation, Environment and Fire Safety.
1. Kitchen Expansion: Within six months of the entry of this agreement, the County shall prepare a plan for the renovation or enlargement of the existing kitchen at the jail, as the existing kitchen is inadequate to provide sufficient food preparation
space and adequate sanitation. As an interim measure, pending completion of a complete renovation and/or expansion of the kitchen, the County agrees to provide within forty-five days of the entry of this agreement toilet and hand washing facilities for the kitchen staff. To assure proper sanitization of food trays, and utensils, the County shall install a commercial dishwasher and provide appropriate space for pot, pan and utensil drying. Although installation of the commercial dishwasher is a component of the proposed kitchen renovation or enlargement, in no event shall the dishwasher installation be delayed beyond one year from the entry of this agreement.
2. Electrical and Water Safety: Hazardous
conditions shall be remedied within six months of the entry of this agreement, including the need to correct electrical deficiencies and possible water system contamination. These measures include the installation of a sump pump in the below-grade maintenance area of the Jail; installation of back-siphonage devices on water lines; correction of electrical deficiencies and grease build-ups in the kitchen stove hood.
3. Roofing Leaks: Roofing leaks that contribute to the creation of mildew and other unhealthy conditions in the jail shall be identified and temporarily repaired pending replacement of the entire roof. Roof replacement shall be completed no later than the end of the 1998-99 fiscal year.
4. Plumbing Repairs: Facility maintenance personnel shall survey the entire facility for plumbing deficiencies and repair toilets and urinals on a priority basis. Showers in cellblocks shall be refurbished and cleaned and provided with non-slip surfaces. These repairs shall be completed within six months of the entry of this agreement.
5. Temperature and Air Exchange: Ambient temperatures, air exchange, and airflow

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within the jail shall meet generally accepted standards for heating, cooling and ventilation. To achieve and maintain compliance with these temperature and air ventilation standards, the County agrees to obtain the services of a professional consultant to evaluate the existing HVAC system and provide remedial proposals as needed. Based upon this evaluation, within six months of the entry of this agreement the County shall prepare and submit a plan of correction to address any deficiencies set forth in the consultant's report. Within one year thereafter, the corrections outlined in the plan shall be fully implemented to achieve and maintain appropriate temperature and ventilation within the jail. A copy of the consultant report and the plan of correction shall be made available to the United States.
6. Fire and Smoke Detection: The existing fire and smoke detection system must promptly be repaired or replaced and maintained in good order thereafter. The annunciator panel that identifies the source of any fire alarm must operate appropriately. All jail staff, particularly control room employees, must receive training in the operation of the detection and alarm system and must document any noted malfunctions. Any malfunctions shall be reported immediately to the shift supervisor. Repair or replacement of fire and smoke detection components and the annunciator panel shall be given the highest priority. Within ninety days of the entry of this agreement the County shall submit a detailed report regarding corrective actions taken to implement this paragraph. Within six months of the entry of this agreement all repairs or replacement of fire safety system components shall be completed and the system shall be fully operational and so certified by the contractor and the State Fire Marshal.
7. Self-Contained Breathing Apparatus: All correctional officers shall be trained in the use of safety equipment, particularly self contained breathing apparatus ("SCBA") units. All correctional officers shall be certified in the use of SCBA equipment within six months of the entry of this agreement. The County shall provide certification documentation to the United States with respect to each correctional officer's certification status.
8. Fire Drills: At least quarterly, fire drill walk-through procedures and tests of fire exiting shall be conducted by staff. Evacuation of all inmates shall not be required, provided a plan is in place for evacuation of inmates posing a risk of escape or violence. All correctional officers shall receive in-service training yearly in fire drill procedures.
9. Disaster Plan: A comprehensive fire safety and disaster plan shall be developed within ninety days of the entry of this settlement and all correctional staff shall receive appropriate training in the requirements of the plan.
C. Health Care.
1. Policies and Procedures: The County shall within ninety days of the entry of this agreement develop and implement medical policies and procedures including: 1) inmate screening and health assessments, 2) communicable disease testing and control, 3) sick call and other access to medical services, 4) distribution and management of medications, 5) mental health care, 6) dental care, 7)emergency care, 8) medical records, and 9) staff training.
2. Health Assessment: Any inmate incarcerated for fourteen days or longer shall be given a physical health assessment by a physician or physician assistant. The assessment shall include a medical history, and a vital signs examination. The results of the assessment shall be recorded and kept in the inmate's medical record along with the inmate's medical intake screening form.
3. Communicable Disease Screening: The county shall develop procedures for screening inmates for communicable diseases, particularly tuberculosis. All inmates incarcerated in the jail for more than seven days shall be tested for tuberculosis by their fourteenth day of incarceration by use of a PPD screen or other medically appropriate procedure.
III. Plans of Implementation and Reporting.

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A. Plan of Implementation: Each plan required by this settlement shall be provided to the United States within the time specified. Unless objection to any plan or component is raised by the United States within thirty days of its receipt of the plan, the County shall implement the plan as submitted. If the United States raises an objection to any plan or component thereof, the County and the United States shall make good faith efforts to resolve any disputed items.
B. Reporting: The County shall prepare and submit to the United States a comprehensive report regarding compliance with each item set forth each paragraph of this agreement together with any required corrective plans required by this agreement. The first report shall be submitted within ninety days of the entry of this agreement and every four months thereafter until the United States determines that substantial compliance with the agreement has been achieved. The report shall include, as appropriate, documentation, certifications, receipts and such other information as requested by the United States to assist in the evaluation of compliance with the terms of this agreement.
IV. Access, Inmate Notification, Termination and Enforcement Provisions.
A. Access: The United States and its attorneys, consultants and agents shall, upon reasonable notice, have unrestricted access to the jail, inmates, staff and documents as necessary to evaluate compliance with the terms of this agreement.
B. Inmate Notification: The substantive terms of this agreement shall be made available to all inmates, either by distribution of this agreement to inmates or incorporation of the terms of this agreement into an inmate handbook. Requirements set forth in the paragraphs II(A)2, II(A)4, II(A)5, II(A)7, II(A)11, II(A)12, II(A)13, and II(A)15 of this agreement, that may relate to facility security, need not be disseminated to inmates.
C. Termination Provision: Gila County shall diligently implement the terms of this agreement within the time lines provided herein. This agreement shall become subject to termination as soon as Gila County has fully and faithfully implemented all requirements of this agreement and such full compliance has been maintained for one year. Upon a showing of compliance, the United States will join with Gila County to file a joint motion with the Court to dismiss the complaint in this cause. If there is a disagreement about the status of compliance, the United States and Gila County shall attempt in good faith to resolve the dispute before initiating any court action to resolve the dispute. Nothing in this paragraph shall preclude the parties from jointly stipulating to the termination of portions of this agreement at any time.
D. Resolution of Enforcement Disputes: The parties agree to lodge this Agreement with the United States District Court for the District of Arizona in conjunction with a complaint and a joint motion, pursuant to Fed. R. Civ. P. 41(a)(2), for the dismissal of this case. The dismissal shall be conditioned upon the County's achieving compliance with the terms of this Agreement, and shall attach the Agreement to such motion. The motion shall request that the case be placed on the Court's inactive docket. If the County fails to substantially comply with the terms of this Agreement, and if efforts to resolve and mediate the enforcement dispute are unsuccessful, the United States may take appropriate legal enforcement action, including
filing a motion to restore the case to the Court's active docket.

FOR GILA COUNTY: ___________________________________ JOE RODRIQUEZ - Sheriff
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___________________________________ CRUZ SALAS - Supervisor (Chairman)
___________________________________ RONALD CHRISTENSEN - Supervisor
___________________________________ EDWARD GUERRORO - Supervisor
___________________________________ STEVE BESICH - County Administrator
___________________________________ CANDYCE PARDEE Assistant County Attorney
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___________________________________ ANDREW J. BARRICK Attorney Department of Justice

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