Case 2:09-cv-01831-ROS Document 1 Filed 09/02/09 Page 1 of 14

1 SANFORD JAY ROSEN – Cal. Bar No. 62566* BLAKE THOMPSON – Cal. Bar No. 255600*
2 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, 10th Floor
3 San Francisco, California 94104-1823 Telephone: (415) 433-6830
4 Facsimile: (415) 433-7104 Email: srosen@rbg-law.com
5 DANIEL J. POCHODA – Ariz. Bar. No 021979
6 ACLU FOUNDATION OF ARIZONA 77 East Columbus Street, Suite 205
7 Phoenix, Arizona 85012 Telephone: (602) 650-1854
8 Email: dpochoda@acluaz.org

9 DANIEL E. MANVILLE – Mich. Bar No. P39731* DANIEL E. MANVILLE P.C.
10 Post Office Box 20321 Ferndale, Michigan 48220-0321
11 Telephone: (248) 890-4720 Facsimile: (248) 556-5598
12 Email: daniel.manville@gmail.com

13 * Pro Hac Vice Application to be filed

14 Attorneys for Plaintiff

15

16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE DISTRICT OF ARIZONA

18 PRISON LEGAL NEWS, a project of the Human Case No.

Rights Defense Center, a Washington non-profit

19 charitable corporation,

COMPLAINT FOR DECLARATORY

AND INJUNCTIVE RELIEF AND

20

Plaintiff,

DAMAGES FOR VIOLATIONS OF THE

UNITED STATES AND ARIZONA

21

v.

CONSTITUTIONS; SUMMONS

22 CORRECTIONS CORPORATION OF AMERICA, a Maryland corporation; DAREN
23 SWENSON, CCA Regional Director of Operations; TODD THOMAS, Warden, Saguaro
24 Correctional Center; BEN GRIEGO, Assistant Warden, Saguaro Correctional Center; MARCO
25 LOPEZ, Chief of Security, Saguaro Correctional Center; and DOES 1-100, inclusive,
26 Defendants.
27

JURY TRIAL DEMAND

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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES FOR VIOLATIONS OF THE UNITED STATES AND ARIZONA CONSTITUTIONS; SUMMONS - CASE NO.

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1

INTRODUCTION

2

1. Plaintiff PRISON LEGAL NEWS brings this civil rights action against Defendants

3 pursuant to 42 U.S.C. § 1983 (“Section 1983”) and the Arizona Constitution to enjoin

4 Defendants from barring prisoners from receiving books and publications sent to them by

5 Plaintiff, and for damages. Plaintiff alleges that Defendants’ actions violate its rights under the

6 First and Fourteenth Amendments to the United States Constitution as well as the Arizona

7 Constitution, and seeks damages to be proven at trial, and injunctive and declaratory relief.

8

JURISDICTION AND VENUE

9

2. This lawsuit is brought pursuant to 42 U.S.C. Section 1983 against all Defendants

10 for actions under color of state law in violation of the First and Fourteenth Amendments to the

11 United States Constitution, and pursuant to Sections 4, 6, and 13 of Article 2 of the Arizona

12 Constitution. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3)

13 to redress deprivation, under color of law, of rights secured by the Constitution of the United

14 States. The Court may exercise supplemental jurisdiction over Plaintiff’s state law claims

15 pursuant to 28 U.S.C. § 1367. This Court is authorized to grant declaratory relief pursuant to 28

16 U.S.C. §§ 2201 and 2202 and Fed. R. Civ. P. 57, and is further empowered to grant injunctive

17 relief pursuant to Fed. R. Civ. P. 65.

18

3. This Court also has diversity jurisdiction under 28 U.S.C. § 1332, in that this action

19 involves citizens of different states and involves an amount in controversy of more than $75,000.

20

4. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because a

21 substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in this

22 district.

23

THE PARTIES

24

5. Plaintiff PRISON LEGAL NEWS (“PLN”) is a project of the Human Rights

25 Defense Center, a non-profit, charitable Washington state corporation that is tax-exempt under

26 IRS Code § 501(c)(3) with its office in Seattle, Washington. Plaintiff publishes a monthly

27 journal titled Prison Legal News, and also publishes, sells, and distributes books on a variety of

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criminal justice, human rights, and self-help issues. PLN has approximately 7,000 subscribers in 1
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1 all fifty states and abroad. Approximately eighty (80) percent of PLN subscribers are state and

2 federal prisoners.

3

6. Defendant CORRECTIONS CORPORATION OF AMERICA (“CCA”) is a

4 Maryland corporation with its corporate headquarters in Nashville, Tennessee.

5

7. Defendant CCA, at all pertinent times mentioned herein, was a company doing

6 business in the state and District of Arizona and performing the traditionally and uniquely state

7 governmental function of operating the Saguaro Correctional Center (“Saguaro”), a prison,

8 through contractual relationships with the State of Hawaii and the State of Washington.

9

8. Defendant DAREN SWENSON is the Managing Director of Division VII for

10 CCA. In that role, Mr. Swenson is responsible for overseeing the operations at CCA’s six

11 Arizona facilities. Mr. Swenson has been in that role since February 2008. Mr. Swenson was

12 also the Warden of the Saguaro Correctional Center from January 2007 to January 2008.

13

9. Defendant TODD THOMAS, at all pertinent times mentioned herein, was an

14 employee of CCA and the Warden of the Saguaro Correctional Center.

15

10. Defendant BEN GRIEGO, at all pertinent times mentioned herein, was an

16 employee of CCA and the Assistant Warden of the Saguaro Correctional Center.

17

11. Defendant MARCO LOPEZ, at all pertinent times mentioned herein, was an

18 employee of CCA and the Chief of Security at the Saguaro Correctional Center.

19

12. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as

20 DOES 1 through 100, and therefore sues said Defendants by such fictitious names. Plaintiff is

21 informed and believes and therefore alleges on information and belief, that each of them is

22 responsible in some manner for the injuries and damages alleged herein. Plaintiff therefore sues

23 DOES 1 through 100, by such fictitious names and will seek leave to amend this complaint to

24 add their true names and capacities when the same have been ascertained.

25

13. At all relevant times, all Defendants were acting under color of state law, pursuant

26 to their authority as officials, agents, contractors or employees of state governmental agencies.

27

14. At all relevant times, Defendants SWENSON, THOMAS, GRIEGO and LOPEZ

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were acting within the scope of their employment as agents and employees of CCA. 2
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15. Plaintiff is informed and believes, and on that basis alleges, that each Defendant

2 acted in concert with and as an agent of each other Defendant.

3

FACTS

4

16. At all relevant times, CCA has operated the Saguaro Correctional Center in Eloy,

5 Arizona. This facility houses prisoners from Hawaii and the state of Washington pursuant to

6 contracts with each state.

7

17. Plaintiff publishes a monthly journal, Prison Legal News, and also distributes

8 books and other materials pertaining to the legal rights of prisoners and the conditions affecting

9 them. The monthly journal comprises writings from legal scholars, attorneys, prisoners and

10 news wire services. Each issue of the journal contains articles on recent court decisions, as well

11 as practical advice for prisoners on how to litigate and otherwise protect their legal rights. The

12 journal also includes regular columns designed to assist prisoners who are not represented by

13 counsel, including “Habeas Hints” and “Pro Se Tips and Tactics.”

14

18. PLN’s purpose, as stated in its Articles of Incorporation, Article III, Part 6, is “to

15 educate prisoners and the public about the destructive nature of racism, sexism, and the economic

16 and social costs of prisons to society.”

17

19. Plaintiff’s communications with prisoners constitute speech on matters of public

18 concern, and are thus entitled to the highest degree of protection under the First Amendment to

19 the Constitution of the United States and under Article 2, Section 6 of the Arizona Constitution.

20

20. Plaintiff currently has, and at all relevant times has had, numerous paid subscribers

21 who are prisoners in the custody of Saguaro. Approximately forty current subscribers to Prison

22 Legal News now reside at the Saguaro Correctional Center. A one-year print subscription costs

23 $24 for individuals who are incarcerated and $30 for individuals who are not incarcerated.

24

21. Plaintiff is informed and believes that CCA policy and practice provides that the

25 Warden, or his designee, is responsible for reviewing publications to determine if they are

26 approved for delivery to prisoners.

27

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22. Plaintiff is informed and believes that Warden Thomas, Assistant Warden Griego

2 and Chief of Security Lopez all participated directly in implementing mail policies and practices.

3 On occasion, all three have signed paperwork denying challenges to mail policies or practices.

4

23. Plaintiff has received numerous complaints from prisoners whose receipt of books

5 from Plaintiff has been blocked, or imminently will be blocked, pursuant to Saguaro’s censorship

6 policies. In 2008 and 2009, at least six Saguaro prisoners were prohibited from receiving books

7 sent to them by Plaintiff.

8

24. On February 6, 2009, Plaintiff mailed a letter and a book to Saguaro prisoner

9 Damien Serrano through the United States Postal Service. Plaintiff has a delivery confirmation

10 slip that verifies that the package was delivered. On February 18, 2009, Mr. Serrano received a

11 notice titled “Correspondence/Package/Contraband Denial Form” stating that he had received

12 correspondence from Plaintiff that was being denied. On the form, under “reasons for denial,”

13 the box was checked for “other material which would, if communicated, create a serious danger

14 to the security of the facility.” A handwritten note stated that this was an “unauthorized book

15 from unapproved vendor.” Saguaro neither notified Plaintiff that the book had been censored nor

16 returned the book to Plaintiff. On information and belief, the book was destroyed by Saguaro

17 personnel.

18

25. On February 6, 2009, Plaintiff mailed a letter and a book to Saguaro prisoner

19 Jefferson Pau through the United States Postal Service. Plaintiff has a delivery confirmation slip

20 that verifies that the package was delivered. On February 18, 2009, Mr. Pau received a notice

21 titled “Correspondence/Package/Contraband Denial Form” stating that he had received

22 correspondence from Plaintiff that was being denied. On the form, under “reasons for denial,”

23 the box was checked for “other material which would, if communicated, create a serious danger

24 to the security of the facility.” A handwritten note below stated “book not allowed also from

25 unapproved vendor.” Saguaro neither notified Plaintiff that the book had been censored nor

26 returned the book to Plaintiff. On information and belief, the book was destroyed by Saguaro

27 personnel.

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1

26. On February 6, 2009, Plaintiff mailed a letter and a book to Saguaro prisoner

2 Wendell Jenkins through the United States Postal Service. Plaintiff has a delivery confirmation

3 slip that verifies that the package was delivered. On February 18, 2009, Mr. Jenkins received a

4 notice titled “Correspondence/Package/Contraband Denial Form” stating that he had received

5 correspondence from Plaintiff that was being denied. On the form, under “reasons for denial,”

6 the box was checked for “other material which would, if communicated, create a serious danger

7 to the security of the facility.” A handwritten note stated that this was an “unauthorized book

8 from unapproved vendor.” Saguaro neither notified Plaintiff that the book had been censored nor

9 returned the book to Plaintiff. On information and belief, the book was destroyed by Saguaro

10 personnel.

11

27. On February 6, 2009, Plaintiff mailed a letter and a book to Saguaro prisoner

12 Joseph Menor through the United States Postal Service. Plaintiff has a delivery confirmation slip

13 that verifies that the package was delivered. On February 18, 2009, Mr. Menor received a notice

14 titled “Correspondence/Package/Contraband Denial Form” stating that he had received

15 correspondence from Plaintiff that was being denied. On the form, under “reasons for denial,”

16 the box was checked for “other material which would, if communicated, create a serious danger

17 to the security of the facility.” A handwritten note stated that this was an “unauthorized book

18 from unapproved vendor.” Saguaro neither notified Plaintiff that the book had been censored nor

19 returned the book to Plaintiff. On information and belief, the book was destroyed by Saguaro

20 personnel.

21

28. On November 24, 2008, Plaintiff mailed a letter and a book to Saguaro prisoner

22 Edmund Abordo through the United States Postal Service. Plaintiff has a delivery confirmation

23 slip that verifies that the package was delivered. Mr. Abordo never received the book. Saguaro

24 neither notified Plaintiff that the book had been censored nor returned the book to Plaintiff. On

25 information and belief, the book was destroyed by Saguaro personnel.

26

29. On May 1, 2008, Plaintiff mailed a book to Saguaro prisoner Michael Samson

27 through the United States Postal Service. Plaintiff has a delivery confirmation slip that verifies

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that the package was delivered. Mr. Samson never received the book. Saguaro neither notified 5
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1 Plaintiff that the book had been censored nor returned the book to Plaintiff. On information and

2 belief, the book was destroyed by Saguaro personnel.

3

30. In March 2008, Plaintiff mailed an order of books to Saguaro prisoner Keola Kanae

4 through the United States Postal Service. The books arrived at Saguaro on March 10, 2008.

5 Mr. Kanae was told by Saguaro staff he could not receive the books because Plaintiff was not an

6 approved vendor. Mr. Kanae eventually received his books in April 2008, but Mr. Kanae was

7 told by Saguaro staff that he could not order books from Plaintiff in the future because Plaintiff

8 was not an approved vendor.

9

31. On December 25, 2007, Saguaro prisoner Joseph Menor attempted to order a two-

10 year subscription to Plaintiff’s monthly publication, Prison Legal News. When he filled out the

11 “Release of Funds Authorization and Approval” Form requesting the release of $36 for his

12 subscription, his request was denied. The January 3, 2008 denial stated that Prison Legal News

13 was “not an approved vendor.”

14

32. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

15 practice has no provision for notice to the sender when mail is rejected. Defendants have never

16 provided Plaintiff with notice that any of its books or publications mailed to prisoners at Saguaro

17 have been withheld from prisoners, nor have Defendants provided Plaintiff with any opportunity

18 to be heard.

19

33. Defendants’ actions, policies, regulations, and practices limiting the distribution of

20 Plaintiff’s books and publications to Saguaro prisoners through the United States mail are not

21 reasonably related to legitimate penological interests in that (1) they are not rationally related to a

22 legitimate and neutral governmental objective; (2) there are no alternative avenues that remain

23 open to Plaintiff to exercise its rights under the United States Constitution and the Arizona

24 Constitution to ensure that Saguaro prisoners receive its books and publications; (3)

25 accommodating Plaintiff’s First Amendment and Arizona Constitutional rights will have no

26 adverse impact on personnel, prisoners, or the allocation of public resources; and (4) ready

27 alternatives exist for Defendants to protect any legitimate interests.

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1

34. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

2 practice at Saguaro also prohibits prisoners from ordering and/or receiving books and

3 publications from vendors other than Barnes & Noble for any book that Barnes & Noble carries.

4 Plaintiff is informed and believes, and thereon alleges, that CCA policy recently changed to

5 allow Saguaro prisoners to order and receive a book from Amazon.com if a book is not available

6 from Barnes & Noble. Plaintiff’s books and publications are not sold or distributed through

7 Barnes & Noble, Amazon.com, or any other commercial source. Because PLN often distributes

8 books and publications to indigent prisoners at no cost to the prisoners, distributing books

9 through Barnes & Noble, Amazon.com, or another source would not be possible. CCA’s book

10 ordering policy is not reasonably related to a legitimate penological interest, but instead is an

11 exaggerated response by prison officials where other ready alternatives exist.

12

35. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

13 practice complained of herein also prohibits prisoners from ordering and receiving hardcover

14 books and publications. Some of the books that Plaintiff distributes are hardcover books. CCA’s

15 prohibition of hardcover books is not reasonably related to a legitimate penological interest and

16 is an exaggerated response by prison officials where other ready alternatives exist.

17

36. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

18 practice for Saguaro prisoners prohibits prisoners from receiving gift publications. Plaintiff

19 sometimes distributes books and publications to prisoners free of charge. This ban on gift

20 publications also does not allow friends and family members to order books and magazines on

21 behalf of prisoners. CCA’s gift publication policy and practice is not reasonably related to a

22 legitimate penological interest, but instead is an exaggerated response by prison officials where

23 other ready alternatives exist.

24

37. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

25 practice provided for the rejection of the books or publications Plaintiff sent to prisoners solely

26 because they were sent from Plaintiff instead of an “approved” source such as Barnes and Noble

27 or Amazon. The books Plaintiff sells (including hardcover books) are accepted at prisons and

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jails across the country as a matter of course, and have not created any security problems at these 7
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1 institutions. Bans such as those imposed by defendants are unconstitutional. See, e.g. Ashker v.

2 California Dept. of Corrections, 350 F.3d 917 (9th Cir. 2003).

3

38. Plaintiff is informed and believes, and thereon alleges, that CCA policy and

4 practice is inconsistent as to whether subscription publications such as Plaintiff’s monthly

5 journal may be ordered by prisoners from publishers and vendors that are not on the list of

6 approved vendors. On at least one occasion, defendants arbitrarily rejected a prisoner’s request

7 for subscription to Plaintiff’s monthly journal by asserting that it was not an “approved vendor.”

8 CCA’s inconsistent policy and practice with respect to subscription publications is not

9 reasonably related to a legitimate penological interest and is an exaggerated response by prison

10 officials where other ready alternatives exist.

11

39. Plaintiff has an interest, protected by the First and Fourteenth Amendments to the

12 United States Constitution and by Article 2, Section 6 of the Arizona Constitution, in

13 communicating with Saguaro prisoners who have requested or ordered books or publications.

14 Plaintiff has been harmed and continues to be harmed by Defendants’ interference with that

15 communication. Plaintiff has also been harmed and continues to be harmed by the loss of

16 revenue as Saguaro prisoners are deterred and prevented from ordering books from Plaintiff or

17 subscribing to Plaintiff’s monthly journal. Plaintiff has also been chilled in the exercise of its

18 First Amendment rights, insofar as it is reluctant to continue sending materials that may be

19 destroyed. Plaintiff’s First Amendment rights have been chilled in a different way as well:

20 because prisoner-subscribers could be disciplined for attempting to bring “contraband” into the

21 facility, Plaintiff is reluctant to send materials to its subscribers out of fear that its subscribers

22 will be punished.

23

40. Defendants’ actions also violate Plaintiff’s rights to due process and equal

24 protection of the laws under the Fourteenth Amendment to the United States Constitution and

25 under Article 2, Sections 4 and 13 of the Arizona Constitution.

26

41. Defendants continue to enforce the censorship policies and practices complained of

27 herein as of the date of this Complaint. Plaintiff is suffering irreparable harm as a result of

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Defendants’ ongoing violations of its Constitutional rights, and therefore Plaintiff has no 8
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1 adequate remedy at law. These violations are continuing and will continue until enjoined by this

2 Court.

3

42. Defendants’ policies and practices complained of herein have been undertaken by

4 Defendants under color of state law.

5

43. Defendants’ actions and inactions are motivated by evil motive and intent and are

6 committed with reckless and callous indifference to Plaintiff’s rights as protected by the United

7 States Constitution and the Arizona Constitution.

8

CLAIMS FOR RELIEF

9

FIRST CLAIM FOR RELIEF

(For Violations of the First Amendment, As Incorporated Through the Fourteenth

10

Amendment, Under Color Of State Law, Actionable Through 42 U.S.C. § 1983)

11

44. Plaintiff realleges and incorporates herein by reference each of the allegations

12 contained in the preceding paragraphs of this Complaint.

13

45. The censorship policies and practices complained of herein violate Plaintiff’s right

14 to freedom of expression as guaranteed by the First Amendment to the United States

15 Constitution, made applicable to the states by the Fourteenth Amendment to the United States

16 Constitution.

17

46. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

18 First Amendment rights as set forth above, Plaintiff has suffered, and continues to suffer, lost

19 business income, lost business good will, emotional distress, and a chilling effect on its First

20 Amendment rights.

21

SECOND CLAIM FOR RELIEF

(For Violations of Article 2, Section 6 of the Arizona Constitution

22

Under Color Of State Law)

23

47. Plaintiff realleges and incorporates herein by reference each of the allegations

24 contained in the preceding paragraphs of this Complaint.

25

48. The censorship policies and practices complained of herein violate Plaintiff’s right

26 to freedom of expression as guaranteed by Article 2, Section 6 of the Arizona Constitution.

27

49. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

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rights under the Arizona Constitution as set forth above, Plaintiff has suffered, and continues to 9
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1 suffer, lost business income, lost business good will, emotional distress, and a chilling effect on

2 its Article 2, Section 6 rights.

3

THIRD CLAIM FOR RELIEF

(For Violations of Fourteenth Amendment Equal Protection Clause

4

Under Color Of State Law, Actionable Through 42 U.S.C. § 1983)

5

50. Plaintiff realleges and incorporates herein by reference each of the allegations

6 contained in the preceding paragraphs of this Complaint.

7

51. Plaintiff is informed and believes that Plaintiff is being treated differently from

8 other similarly situated book vendors and publishers. This differential treatment is not narrowly

9 tailored to a compelling governmental interest. Nor is there any rational basis for Saguaro’s

10 decision to treat Plaintiff differently than other book vendors and publishers. Instead, this

11 distinction is arbitrary and irrational.

12

52. By failing to treat Plaintiff similarly to other similarly situated book vendors and

13 publishers, Defendants have deprived and continue to deprive Plaintiff of equal protection under

14 the laws, in violation of the Fourteenth Amendment to the United States Constitution.

15

53. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

16 rights as set forth above, Plaintiff has suffered, and continues to suffer, lost business income, lost

17 business good will and emotional distress.

18

FOURTH CLAIM FOR RELIEF

(For Violations of the Equal Privileges Clause of Article 2, Section 13 of the Arizona

19

Constitution Under Color Of State Law)

20

54. Plaintiff realleges and incorporates herein by reference each of the allegations

21 contained in the preceding paragraphs of this Complaint.

22

55. Plaintiff is informed and believes that Plaintiff is being treated differently from

23 other similarly situated book vendors and publishers. This differential treatment is not narrowly

24 tailored to a compelling governmental interest. Nor is there any rational basis for Saguaro’s

25 decision to treat Plaintiff differently than other book vendors and publishers. Instead, this

26 distinction is arbitrary and irrational.

27

56. By failing to treat Plaintiff similarly to other similarly situated book vendors and

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publishers, Defendants have deprived and continue to deprive Plaintiff of equal protection under 10
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1 the laws, in violation of the Equal Privileges Clause of Article 2, Section 13 of the Arizona

2 Constitution.

3

57. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

4 rights as set forth above, Plaintiff has suffered, and continues to suffer, lost business income, lost

5 business good will and emotional distress.

6

FIFTH CLAIM FOR RELIEF

(For Violations of Fourteenth Amendment Due Process Clause

7

Under Color Of State Law, Actionable Through 42 U.S.C. § 1983)

8

58. Plaintiff realleges and incorporates herein by reference each of the allegations

9 contained in the preceding paragraphs of this Complaint.

10

59. By failing to give Plaintiff notice of the censorship of its books and publications,

11 and an opportunity to be heard with respect to that censorship, Defendants have deprived and

12 continue to deprive Plaintiff of liberty and property without due process of law, in violation of

13 the Fourteenth Amendment to the United States Constitution.

14

60. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

15 rights as set forth above, Plaintiff has suffered, and continues to suffer, lost business income, lost

16 business good will and emotional distress.

17

SIXTH CLAIM FOR RELIEF

(For Violations of the Due Process Clause in Article 2, Section 4 of the Arizona

18

Constitution)

19

61. Plaintiff realleges and incorporates herein by reference each of the allegations

20 contained in the preceding paragraphs of this Complaint.

21

62. By failing to give Plaintiff notice of the censorship of its books and publications,

22 and an opportunity to be heard with respect to that censorship, Defendants have deprived and

23 continue to deprive Plaintiff of liberty and property without due process of law, in violation of

24 Article 2, Section 4 of the Arizona Constitution.

25

63. As a direct and proximate result of Defendants’ conduct in violation of Plaintiff’s

26 rights as set forth above, Plaintiff has suffered, and continues to suffer, lost business income, lost

27 business good will and emotional distress.

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1

PRAYER FOR RELIEF

2

The conduct previously alleged, unless and until enjoined by order of this Court, will

3 cause great and irreparable injury to Plaintiff. Further, a judicial declaration is necessary and

4 appropriate at this time so that all parties may know their respective rights and act accordingly.

5

WHEREFORE, Plaintiff prays for judgment as follows:

6

1. A declaration that Defendants’ actions, described herein, violate the First and

7 Fourteenth Amendments to the United States Constitution as well as Article 2, Sections 4, 6 and

8 13 of the Arizona Constitution;

9

2. An order enjoining all Defendants and their employees, agents, and any and all

10 persons acting in concert with them from further violation of Plaintiff’s civil rights under the

11 First and Fourteenth Amendments to the United States Constitution and under Article 2,

12 Sections 4, 6 and 13 of the Arizona Constitution;

13

3. An order awarding actual damages in amounts to be proven at trial for violations of

14 rights protected by the United States Constitution and Arizona Constitution, or at least

15 nominal or presumed damages for each incident that violated plaintiffs’ rights; and punitive

16 damages in amounts to be proven at trial for each incident that violated plaintiffs rights.

17

4. An order awarding Plaintiff’s reasonable attorneys’ fees, litigation expenses and

18 costs under 42 U.S.C. § 1988, under the Arizona private attorney general doctrine, as recognized

19 in Arnold v. Arizona Dept. of Health Services, 775 P.2d 521 (Ariz. 1989), and any other

20 applicable law;

21

5. An order awarding such other and further relief as the Court deems just and proper.

22

23 Dated: September 2, 2009

Respectfully submitted,

24

ACLU Foundation of Arizona

25

By: /s/ Daniel J. Pochoda

26

DANIEL J. POCHODA

Attorney for Plaintiff

27

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DEMAND FOR JURY TRIAL

2

Plaintiff demands a jury trial.

3

4 Dated: September 2, 2009

Respectfully submitted,

5

ACLU Foundation of Arizona

6

By: /s/ Daniel J. Pochoda

7

DANIEL J. POCHODA

Attorney for Plaintiff

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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES FOR VIOLATIONS OF THE UNITED STATES AND ARIZONA CONSTITUTIONS; SUMMONS - CASE NO.

 
 Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 1 of 15

1 Daniel P. Struck, Bar #012377 JONES, SKELTON & HOCHULI, P.L.C.
2 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012
3 Telephone: (602) 263-1700 Fax: (602) 200-7811
4 dstruck@jshfirm.com

5 Attorneys for Defendants Corrections Corporation of America, Todd Thomas, Ben
6 Griego, Marcos Lopez and Daren Swenson

7

8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF ARIZONA

11 PRISON LEGAL NEWS, a project of the

NO. CV-09-1831-PHX-ROS

Human Rights Defense Center, a Washington

12 non-profit charitable corporation,

DEFENDANTS SWENSON,

13

Plaintiff, THOMAS, GRIEGO, LOPEZ, AND

CORRECTIONS CORPORATION

14

v.

OF AMERICA’S ANSWER TO

PLAINTIFF’S COMPLAINT

15 CORRECTIONS CORPORATION OF

AMERICA, a Maryland corporation; DAREN

16 SWENSON, CCA Regional Director of

Operations; TODD THOMAS, Warden,

17 Saguaro Correctional Center; BEN GRIEGO,

Assistant Warden, Saguaro Correctional

18 Center; MARCO LOPEZ, Chief of Security,

Saguaro Correctional Center; and DOES1-100,

19 inclusive,

20

Defendants.

21

22

Defendants Corrections Corporations of American (“CCA”),

23 Swenson, Thomas, Griego, and Lopez, through counsel, admit, deny, and allege as

24 follows: 25 26

1. These answering Defendants deny each and every allegation of

27 Plaintiff’s Complaint which is not specifically admitted, denied or otherwise pled to.

28
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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 2 of 15

1

2. In answering Paragraph 1 of Plaintiff's Complaint, Defendants deny

2 same. 3

4

JURISDICTION AND VENUE

5

3. In answering Paragraph 2 of Plaintiff's Complaint, Defendants admit

6

that jurisdiction and venue are proper in this court. 7

8

4. In answering Paragraph 3 of Plaintiff's Complaint, Defendants do not

9

have sufficient information or knowledge to admit or deny whether the amount in 10

11 controversy exceeds $75,000.

12
13 14 same.

5. In answering Paragraph 4 of Plaintiff's complaint, Defendants admit

15 THE PARTIES
16

17

6. In answering Paragraph 5 of Plaintiff's Complaint, Defendants are

18 without sufficient knowledge or information to admit or deny the allegations, and

19 therefore deny same. 20

21

7. In answering Paragraph 6 of Plaintiff's Complaint, Defendants admit

22 same. 23

24

8. In answering Paragraph 7 of Plaintiff's Complaint, Defendants admit

25 same. 26

27

28

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2

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 3 of 15

1

9. In answering Paragraph 8 of Plaintiff's Complaint, Defendants admit

2 same. 3

4

10. In answering Paragraph 9 of Plaintiff's Complaint, Defendants admit

5 that Defendant Thomas was an employee of CCA during the relevant time period and is
6 currently the warden of the Saguaro Correctional Center.
7

8

11. In answering Paragraph 10 of Plaintiff's Complaint, Defendants

9

admit that Defendant Griego was an employee of CCA during the relevant time period 10

11 and is currently the assistant warden of the Saguaro Correctional Center.

12 12. In answering Paragraph 11 of Plaintiff's Complaint, Defendants
13 14 admit only that Defendant Lopez was an employee of CCA during the relevant time

15 period.

16

17

13. In answering Paragraph 12 of Plaintiff's Complaint, Defendants are

18 without sufficient knowledge and information to admit or deny the allegations, and

19 therefore deny same. 20

21

14. In answering Paragraph 13 of Plaintiff's Complaint, Defendants

22 admit only that CCA is a private prison corporation, acting under color of law in the 23
incarceration of inmates for various local, state and federal jurisdictions. Defendants deny 24 25 the remaining allegations set forth in Paragraph 13.

26 15. In answering Paragraph 14 of Plaintiff's Complaint, Defendants
27

28 admit same.

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3

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 4 of 15

1

16. In answering Paragraph 15 of Plaintiff's Complaint, Defendants deny

2 same. 3

4

FACTS

5

17. In answering Paragraph 16 of Plaintiff's Complaint, Defendants

6

admit same. 7

8

18. In answering Paragraph 17 of Plaintiff's Complaint, Defendants are

9

without sufficient knowledge or information to admit or deny the allegations, and 10

11 therefore deny same.

12 19. In answering Paragraph 18 of Plaintiff's Complaint, Defendants are
13 14 without sufficient knowledge or information to admit or deny the allegations, and

15 therefore deny same.

16

17

20. In answering Paragraph 19 of Plaintiff’s Complaint, Defendants deny

18 same.

19

20

21. In answering Paragraph 20 of Plaintiff's Complaint, Defendants

21 admit that some inmates subscribe to Prison Legal News. Defendants are without

22 sufficient knowledge or information to admit or deny the remaining allegations in 23
Paragraph 20, and therefore deny same. 24

25

22. In answering Paragraph 21 of Plaintiff’s Complaint, Defendants

26 allege that CCA’s policies speak for themselves, and deny the remainder of the
27

28 allegations.

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4

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 5 of 15

1

23. In answering Paragraph 22 of Plaintiff’s Complaint, Defendants

2 allege that CCA’s policies speak for themselves, and deny the remainder of Plaintiff’s
3 allegations.
4

5

24. In answering Paragraph 23 of Plaintiff's Complaint, Defendants are

6

without sufficient knowledge or information to admit or deny the allegations, and 7

8 therefore deny same.

9 25. In answering Paragraph 24 of Plaintiff's Complaint, Defendants are
10 11 without sufficient knowledge or information to admit or deny the allegations, and

12 therefore deny same.

13

14

26. In answering Paragraph 25 of Plaintiff's Complaint, Defendants are

15 without sufficient knowledge or information to admit or deny the allegations, and

16 therefore deny same. 17

18

27. In answering Paragraph 26 of Plaintiff's Complaint, Defendants are

19 without sufficient knowledge or information to admit or deny the allegations, and 20
therefore deny same. 21

22

28. In answering Paragraph 27 of Plaintiff's Complaint, Defendants are

23 without sufficient knowledge or information to admit or deny the allegations, and
24

25 therefore deny same.

26

27

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 6 of 15

1

29. In answering Paragraph 28 of Plaintiff's Complaint, Defendants are

2 without sufficient knowledge or information to admit or deny the allegations, and
3 therefore deny same.
4

5

30. In answering Paragraph 29 of Plaintiff's Complaint, Defendants are

6

without sufficient knowledge or information to admit or deny the allegations, and 7

8 therefore deny same.

9 31. In answering Paragraph 30 of Plaintiff's Complaint, Defendants
10 11 admit that inmate Kanae received his books. Defendants are without sufficient knowledge

12 or information to admit or deny the remaining allegations contained in Paragraph 30, and

13 therefore deny same. 14

15

32. In answering Paragraph 31 of Plaintiff's Complaint, Defendants are

16 without sufficient knowledge or information to admit or deny the allegations, and 17
therefore deny same. 18

19

33. In answering Paragraph 32 of Plaintiff’s Complaint, Defendants

20 allege that CCA’s policies speak for themselves. Defendants are without sufficient
21

22 knowledge or information to admit or deny the remaining allegations contained in

23 Paragraph 32, and therefore deny same.

24

25

34. In answering Paragraph 33 of Plaintiff’s Complaint, Defendants deny

26 same.

27

28

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6

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 7 of 15

1

35. In answering Paragraph 34 of Plaintiff’s Complaint, Defendants deny

2 same. 3

4

36. In answering Paragraph 35 of Plaintiff’s Complaint, Defendants deny

5 same. 6

7

37. In answering Paragraph 36 of Plaintiff’s Complaint, Defendants deny

8 same. 9

10

38. In answering Paragraph 37 of Plaintiff's Complaint, Defendants deny

11 that their policies are unconstitutional. Defendants are without sufficient knowledge or 12
information to admit or deny the remaining allegations contained in Paragraph 37, and 13
14 therefore deny same.

15
16 17 same.

39. In answering Paragraph 38 of Plaintiff’s Complaint, Defendants deny

18
19 20 same.

40. In answering Paragraph 39 of Plaintiff’s Complaint, Defendants deny

21
22 23 same.

41. In answering Paragraph 40 of Plaintiff’s Complaint, Defendants deny

24
25 26 same.

42. In answering Paragraph 41 of Plaintiff’s Complaint, Defendants deny

27

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 8 of 15

1

43. In answering Paragraph 42 of Plaintiff’s Complaint, Defendants

2 admit only that CCA is a private prison corporation, acting under color of law in the 3
incarceration of inmates for various local, state and federal jurisdictions. Defendants deny 4
5 the remaining allegations set forth in Paragraph 42.

6 44.
7
8 deny same.

In answering Paragraph 43 of Plaintiff’s Complaint, Defendants

9 CLAIMS FOR RELIEF
10

11

FIRST CLAIM FOR RELIEF

12 (For Violations of the First Amendment, As Incorporated Through the Fourteenth
13

14

Amendment, Under Color of State Law, Actionable through 42 U.S.C. § 1983)

15 45. In answering Paragraph 44 of Plaintiff’s Complaint, Defendants
16 17 incorporate by reference herein, Paragraphs 1-44, above.

18
19 20 same.

46. In answering Paragraph 45 of Plaintiff’s Complaint, Defendants deny

21
22 23 same.

47. In answering Paragraph 46 of Plaintiff’s Complaint, Defendants deny

24 SECOND CLAIM FOR RELIEF
25 26 (For Violations of Article 2, Section 6 of the Arizona Constitution Under Color of

27

State Law)

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 9 of 15

1

48. In answering Paragraph 47 of Plaintiff’s Complaint, Defendants

2 incorporate by reference herein, Paragraphs 1-47, above. 3

4

49. In answering Paragraph 48 of Plaintiff’s Complaint, Defendants deny

5 same. 6

7

50. In answering Paragraph 49 of Plaintiff’s Complaint, Defendants deny

8 same. 9

10

THIRD CLAIM FOR RELIEF

11 (For Violations of Fourteenth Amendment Equal Protection Clause Under Color of
12 State Law, Actionable through 42 U.S.C. § 1983)
13

14

51. In answering Paragraph 50 of Plaintiff’s Complaint, Defendants

15 incorporate by reference herein, Paragraphs 1-50, above.
16

17 18
same. 19

52. In answering Paragraph 51 of Plaintiff’s Complaint, Defendants deny

20 21
same. 22

53. In answering Paragraph 52 of Plaintiff’s Complaint, Defendants deny

23 24
same. 25

54. In answering Paragraph 53 of Plaintiff’s Complaint, Defendants deny

26

FOURTH CLAIM FOR RELIEF

27 (For Violations of the Equal Privileges Clause of Article 2, Section 13 of the Arizona
28

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9

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 10 of 15

1

Constitution Under Color of State Law)

2

55. In answering Paragraph 54 of Plaintiff’s Complaint, Defendants

3

incorporate by reference herein, paragraphs 1-54, above. 4

5
6 same.
7

56. In answering Paragraph 55 of Plaintiff’s Complaint, Defendants deny

8 9
same. 10

57. In answering Paragraph 56 of Plaintiff’s Complaint, Defendants deny

11 12
same. 13

58. In answering Paragraph 57 of Plaintiff’s Complaint, Defendants deny

14

FIFTH CLAIM FOR RELIEF

15 (For Violations of Fourteenth Amendment Due Process Clause Under Color State
16

17

Law, Actionable Through 42 U.S.C. § 1983)

18 59. In answering Paragraph 58 of Plaintiff’s Complaint, Defendants
19 20 incorporate by reference herein, Paragraphs 1-58, above.

21
22 23 same.

60. In answering Paragraph 59 of Plaintiff’s Complaint, Defendants deny

24
25 26 same.

61. In answering Paragraph 60 of Plaintiff’s Complaint, Defendants deny

27 28
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SIXTH CLAIM FOR RELIEF 10

Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 11 of 15

1

(For Violations of the Due Process Clause in Article 2, Section 4 of the Arizona

2

Constitution)

3

4

62. In answering Paragraph 61 of Plaintiff’s Complaint, Defendants

5 incorporate by reference herein, Paragraphs 1-61, above. 6

7

63. In answering Paragraph 62 of Plaintiff’s Complaint, Defendants deny

8 same. 9

10

64. In answering Paragraph 63 of Plaintiff’s Complaint, Defendants deny

11 same. 12

13

AFFIRMATIVE DEFENSES

14

65. As a separate defense, or in the alternative, Defendants allege that the

15 Plaintiff’s claims may be barred by the applicable statute of limitations.
16

17

66. As a separate defense, or in the alternative, Defendants allege that

18 Plaintiff’s Complaint fails to state a claim upon which relief may be granted.
19

20

67. As a separate defense, or in the alternative, Defendants allege that

21 Plaintiff does not have standing to assert a violation of 42 U.S.C. §1983, or violations of
22

23 the Arizona or United States Constitution.

24 68. As a separate defense, or in the alternative, Defendants allege that
25 26 their actions and policies were reasonably related to legitimate penological interests.

27

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 12 of 15

1

69. As a separate defense, or in the alternative, Defendants allege that

2 they were acting under legal process, with good, sufficient and probable cause to be so
3 acting, and that the actions of Defendant were in good faith and without malice.
4

5

70. As a separate defense, or in the alternative, Defendants assert that

6

they did not violate Plaintiff's rights under the First Amendment of the United States 7

8 Constitution.

9 71. As a separate defense, or in the alternative, Defendants allege that
10 11 Plaintiff has failed to set forth the requisite showing of subjective intent necessary to

12 sustain a cause of action alleging a constitutional violation, thereby warranting dismissal

13 of this lawsuit. 14

15

72. As a separate defense, or in the alternative, Defendants allege that

16 their actions were objectively reasonable under the circumstances and that they were 17
acting in good faith and without malice. 18

19

73. As a separate defense, or in the alternative, Defendants allege that

20 Plaintiff has failed to set forth a grave deprivation in regard to its allegation that a
21

22 constitutional violation has occurred, thereby warranting dismissal of this lawsuit.

23 74. As a separate defense, or in the alternative, Defendants allege that
24 25 there existed no conduct in this case motivated by an evil motive or intent, nor did any

26 conduct involve reckless or callous indifference to the rights of Plaintiff, thereby

27 precluding punitive damages.

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 13 of 15

1

75. As a separate defense, or in the alternative, Defendants allege that

2 Plaintiff suffered no actual injury, therefore warranting dismissal of these claims. 3

4

76. As a separate defense, or in the alternative, Defendants allege that

5 Plaintiff has failed to allege that Defendant promulgated a custom and policy or practice 6
which was the moving force behind the alleged violations to Plaintiff's constitutional 7
8 rights, thereby warranting dismissal of certain claims against them.

9 77. As a separate defense, or in the alternative, Defendants allege that
10 11 Plaintiff is not a member of a protected class by which Defendant discriminated against

12 Plaintiff, or otherwise treated Plaintiff differently from others similarly situated, due to

13 membership in a protected class of persons. 14

15

78. As a separate defense, or in the alternative, Defendants allege that

16 any actions by Defendants furthered a legitimate and important governmental interests in 17
maintaining the safety and security of the prison, thereby warranting dismissal of 18 19 Plaintiff's claims.

20 79. Although Defendants do not presently have fact in support of the
21 22 following defenses, Defendants wish to assert the following defenses should subsequent

23 discovery reveal these defenses are appropriate. Specifically, the following affirmative

24 defenses set forth in Rule 8(c), F.R.C.P. and Rule 12, including but not limited to: 25
arbitration and award, assumption of risk, contributory negligence, duress, estoppel, fraud, 26 27 illegality, statute of limitations, release, res judicata, waiver, venue, insufficiency of

28 process and insufficiency of service of process.

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 14 of 15

1

80. WHEREFORE, having fully answered the allegations of Plaintiff’s

2 Complaint, Defendants pray that Plaintiff take nothing and that Defendants be discharged
3 with costs and attorneys fees’ incurred pursuant to 42 U.S.C. § 1988.
4

5

81. Defendant demands a jury trial as to all triable issues.

6 DATED this 6th day of November, 2009.
7 JONES, SKELTON & HOCHULI, P.L.C.
8

9

By s/Daniel P. Struck

10

Daniel P. Struck

2901 North Central Avenue, Suite 800

11

Phoenix, Arizona 85012

Attorneys for Defendants Corrections

12

Corporation of America, Todd Thomas,

Ben Griego, Marcos Lopez and Daren

13

Swenson

14 ORIGINAL electronically filed

15 this 6th day of November, 2009.

16

COPY e-mailed this 6th day of November, 2009, to:

17 Sanford Jay Rosen, Esq.

18

Blake Thompson, Esq. ROSEN, BIEN & GALVAN, LLP

19

315 Montgomery Street, 10th Floor San Francisco, CA 94104-1823

20

(415) 433-6830 / (415) 433-7104 (Fax) srosen@rbg-law.com

21 Attorney for Plaintiff

22

Daniel J. Pochoda, Esq. ACLU FOUNDATION OF ARIZONA

23

77 East Columbus Street, Suite 205 Phoenix, AZ 85012

24

(602) 650-1854 dpochoda@acluaz.org

25 Attorney for Plaintiff

26

27

28

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Case 2:09-cv-01831-ROS Document 22 Filed 11/06/09 Page 15 of 15

1 Daniel E. Manville, Esq. DANIEL E. MANVILLE P.C.
2 Post Office Box 20321 Ferndale, Michigan 48220-0321
3 (248) 890-4720 / (248) 556-5598 (Fax) daniel.manville@gmail.com
4 Attorney for Plaintiff

5 s/Diane Mari

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

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 Case 2:09-cv-01831-ROS Document 37 Filed 06/08/10 Page 1 of 1

1

2

3

4

5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE DISTRICT OF ARIZONA
7

8 Prison Legal News, a project of the Human

9

Rights Defense Center, a Washington nonprofit charitable corporation,

10

Plaintiff,

11

v.

12 Corrections Corporation Of America, a 13 Maryland corporation; et al.,

14

Defendants.

NO. CV09-01831-PHX-ROS ORDER

15

16

The Court having considered the parties’ Stipulation to Dismiss (Doc. 36), and

17 good cause appearing,

18

IT IS ORDERED that the Stipulation is APPROVED and this matter is dismissed

19 with prejudice, the parties to bear their own fees and costs.

20

IT IS FURTHER ORDERED the Court will retain jurisdiction of this matter until

21 December 5, 2011 to ensure compliance with the Settlement Agreement.

22

Dated this 8th day of June, 2010.

23

24

25

26

27

28

 
 Case: 2:09-cv-01831-ROS As of: 06/04/2011 11:43 AM MST 1 of 5

U.S. District Court DISTRICT OF ARIZONA (Phoenix Division) CIVIL DOCKET FOR CASE #: 2:09−cv−01831−ROS

CLOSED, STD

Prison Legal News v. Corrections Corporation of America et al Assigned to: Chief Judge Roslyn O Silver Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 09/02/2009 Date Terminated: 06/08/2010 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Prison Legal News a project of the Human Rights Defense Center, a Washington non−profit charitable corporation

represented by Blake Thompson Rosen Bien &Galvan LLP 315 Montgomery St 10th Floor San Francisco, CA 94104 415−433−6830 Fax: 415−433−7104 Email: bthompson@rbg−law.com ATTORNEY TO BE NOTICED

Daniel E Manville Daniel E Manville PC PO Box 20321

Ferndale, MI 48220 248−890−4720 Fax: 248−556−5598 Email: daniel.manville@gmail.com ATTORNEY TO BE NOTICED

Daniel Joseph Pochoda ACLU 3707 N 7th St., Ste. 235 Phoenix, AZ 85014 602−650−1854 Fax: 602−650−1376 Email: dpochoda@acluaz.org ATTORNEY TO BE NOTICED

Sanford Jay Rosen , Rosen Bien &Galvan LLP 315 Montgomery St 10th Floor San Francisco, CA 94104 415−433−6830 Fax: 415−433−7104 Email: srosen@rbg−law.com ATTORNEY TO BE NOTICED

V.
Defendant
Corrections Corporation of America a Maryland corporation also known as CCA

represented by Daniel Patrick Struck Jones Skelton &Hochuli PLC 2901 N Central Ave Ste 800 Phoenix, AZ 85012 602−263−7323 Fax: 602−200−7811 Email: dstruck@jshfirm.com

Case: 2:09-cv-01831-ROS As of: 06/04/2011 11:43 AM MST 2 of 5

ATTORNEY TO BE NOTICED

Liana Jean Garcia Jones Skelton &Hochuli PLC 2901 N Central Ave., Ste. 800 Phoenix, AZ 85012 602−263−1700 Fax: 602−651−7599 Email: lgarcia@jshfirm.com ATTORNEY TO BE NOTICED

Defendant
Daren Swenson CCA Regional Director of Operations

represented by Daniel Patrick Struck (See above for address) ATTORNEY TO BE NOTICED

Liana Jean Garcia (See above for address) ATTORNEY TO BE NOTICED

Defendant
Todd Thomas Warden, Saguaro Correctional Center

represented by Daniel Patrick Struck (See above for address) ATTORNEY TO BE NOTICED

Liana Jean Garcia (See above for address) ATTORNEY TO BE NOTICED

Defendant
Benjamin Griego Assistant Warden, Saguaro Correctional Center

represented by Daniel Patrick Struck (See above for address) ATTORNEY TO BE NOTICED

Liana Jean Garcia (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marco Lopez Chief of Security, Saguaro Correctional Center

represented by Daniel Patrick Struck (See above for address) ATTORNEY TO BE NOTICED

Liana Jean Garcia (See above for address) ATTORNEY TO BE NOTICED

Defendant
Unknown Parties named as Does 1−100, inclusive

Date Filed 09/02/2009
09/02/2009

# Docket Text
1 COMPLAINT. Filing fee received: $ 350.00, receipt number 0970−3143207, filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Pochoda, Daniel) (Entered: 09/02/2009)
2 This case has been assigned to the Honorable Roslyn O. Silver. All future pleadings or documents should bear the correct case number: CV−09−1831−PHX−ROS. This is a TEXT ENTRY ONLY. There is no PDF

Case: 2:09-cv-01831-ROS As of: 06/04/2011 11:43 AM MST 3 of 5

09/02/2009 09/02/2009
09/03/2009
09/03/2009 09/03/2009 09/08/2009 09/08/2009 09/08/2009
09/15/2009 09/17/2009 09/17/2009 09/29/2009 09/29/2009 09/29/2009 09/29/2009 09/29/2009 10/09/2009

document associated with this entry. (AMB) (Entered: 09/03/2009)
3 Notice re Magistrate consent form. (AMB) (Entered: 09/03/2009)
4 NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 9/17/2009 as to Prison Legal News. (AMB) (Entered: 09/03/2009)
5 Summons Issued as to Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Attachments: # 1 Daren Swenson, # 2 Todd Thoma, # 3 Ben Griego, # 4 Marco Lopez)(AMB). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 09/03/2009)
6 MOTION for Admission Pro Hac Vice as to attorney Sanford Jay Rosen on behalf of Prison Legal News. (BAS) (Entered: 09/08/2009)
7 MOTION for Admission Pro Hac Vice as to attorney Robert Blake Thompson on behalf of Prison Legal News. (BAS) (Entered: 09/08/2009)
PRO HAC VICE FEE PAID. $ 50, receipt number PHX088136 as to Sanford Jay Rosen. (BAS) (Entered: 09/08/2009)
PRO HAC VICE FEE PAID. $ 50, receipt number PHX088135 as to Robert Blake Thompson. (BAS) (Entered: 09/08/2009)
8 ORDER pursuant to General Order 05−25 granting 6 Motion for Admission Pro Hac Vice; granting 7 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/08/2009)
9 Corporate Disclosure Statement by Prison Legal News. (Pochoda, Daniel) (Entered: 09/15/2009)
10 ERRATA re 9 Corporate Disclosure Statement, 1 Complaint by Plaintiff Prison Legal News. (Pochoda, Daniel) (Entered: 09/17/2009)
11 Corporate Disclosure Statement by Prison Legal News. (Pochoda, Daniel) (Entered: 09/17/2009)
12 SUMMONS Returned Executed by Prison Legal News. Corrections Corporation of America served on 9/18/2009. (Pochoda, Daniel) (Entered: 09/29/2009)
13 SUMMONS Returned Executed by Prison Legal News. Ben Griego served on 9/17/2009. (Pochoda, Daniel) (Entered: 09/29/2009)
14 SUMMONS Returned Executed by Prison Legal News. Marco Lopez served on 9/17/2009. (Pochoda, Daniel) (Entered: 09/29/2009)
15 SUMMONS Returned Executed by Prison Legal News. Daren Swenson served on 9/17/2009. (Pochoda, Daniel) (Entered: 09/29/2009)
16 SUMMONS Returned Executed by Prison Legal News. Todd Thomas served on 9/17/2009. (Pochoda, Daniel) (Entered: 09/29/2009)
17 Consent MOTION for Extension of Time to File Answer by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 10/09/2009)

Case: 2:09-cv-01831-ROS As of: 06/04/2011 11:43 AM MST 4 of 5

10/09/2009 10/21/2009 11/02/2009 11/02/2009 11/02/2009
11/06/2009 11/06/2009 11/12/2009
12/02/2009 12/05/2009 12/07/2009 12/11/2009 12/18/2009

18 ORDER granting 17 Joint Motion for Extension of Time to Answer. Corrections Corporation of America answer due 11/6/2009; Ben Griego answer due 11/6/2009; Marco Lopez answer due 11/6/2009; Daren Swenson answer due 11/6/2009; Todd Thomas answer due 11/6/2009. Signed by Judge Roslyn O Silver on 10/9/2009.(LAD, ) (Entered: 10/09/2009)
19 ORDER that pursuant to Fed.R.Civ.P. (FRCP) 16 a Scheduling Conference is set as follows: Scheduling Conference set for 1/29/2010 01:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Judge Roslyn O Silver.. Signed by Judge Roslyn O Silver on 10/20/09. (Note: See Order for full details)(KMG) (Entered: 10/21/2009)
20 MOTION for Admission Pro Hac Vice as to attorney Daniel E Manville on behalf of Prison Legal News. (BAS) (Entered: 11/02/2009)
PRO HAC VICE FEE PAID. $ 50, receipt number PHX090177 as to Daniel E Manville. (BAS) (Entered: 11/02/2009)
21 ORDER pursuant to General Order 05−25 granting 20 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/02/2009)
22 ANSWER to 1 Complaint with Jury Demand by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas.(Struck, Daniel) (Entered: 11/06/2009)
23 DEMAND for Trial by Jury by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Struck, Daniel) (Entered: 11/06/2009)
24 NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 11/27/2009 as to Corrections Corporation of America. (CLB) (Entered: 11/12/2009)
25 Corporate Disclosure Statement by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Struck, Daniel) (Entered: 12/02/2009)
26 STIPULATION /Joint Stipulation to Request Magistrate Judge to Mediate Settlement Conference by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 12/05/2009)
27 ORDER pursuant to 26 Stipulation: that this case is referred to Magistrate Judge David K. Duncan for the purpose of a settlement conference. Counsel shall jointly contact Judge Duncan's Chambers at (602)322−7630 no later than close of business December 11, 2009, for further instruction. Signed by Judge Roslyn O Silver on 12/7/09. (DMT, ) (Entered: 12/07/2009)
28 SETTLEMENT CONFERENCE ORDER setting Settlement Conference for 3/25/2010 09:00 AM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. Signed by Magistrate Judge David K Duncan on 12/10/09. (DMT, ) (Entered: 12/11/2009)
29 Consent MOTION to Stay re Deadlines Pending Settlement Conference by Corrections Corporation of America, Ben Griego, Marco Lopez, Prison Legal News, Daren Swenson, Todd Thomas, Unknown Parties. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 12/18/2009)

Case: 2:09-cv-01831-ROS As of: 06/04/2011 11:43 AM MST 5 of 5

12/21/2009 03/25/2010 03/26/2010 03/26/2010 05/21/2010
05/24/2010
06/04/2010 06/08/2010

30 ORDER granting the 29 Joint Consent Motion to Stay Deadlines Pending Settlement Conference. The scheduling conference set for 01/29/10 is vacated. Signed by Judge Roslyn O Silver on 12/18/09.(ESL) (Entered: 12/21/2009)
31 Minute Entry. Proceedings held before Magistrate Judge David K Duncan: Settlement Conference held on 3/25/2010. The essential terms of the Settlement Agreement have been put forth on the record. Telephonic Conference set for 3/26/2010 12:00 PM before Magistrate Judge David K Duncan. (Court Reporter COURTSMART.)(LSP) (Entered: 03/26/2010)
32 NOTICE of Appearance by Liana Jean Garcia on behalf of Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas (Garcia, Liana) (Entered: 03/26/2010)
33 Minute Entry. Proceedings held before Magistrate Judge David K Duncan: Telephonic Conference re: the 3/25/10 Settlement Conference held on 3/26/2010.See PDF document for details. (Court Reporter COURTSMART.)(LSP) (Entered: 03/26/2010)
35 Minute Entry. Proceedings held before Magistrate Judge David K Duncan: Telephonic Status Conference held on 5/21/2010 re: the 3/25/10 Settlement Conference and subsequent 3/26/10 Telephonic Conference. Parties request an additional 2 weeks to complete the final execution of the settlement and to submit appropriate documents. Request is GRANTED. (Court Reporter COURTSMART.)(TLJ) (Entered: 05/24/2010)
34 ORDER − IT IS ORDERED that this action will be dismissed with prejudice by the Clerk's Office without further notice on June 25, 2010, unless prior thereto a request for reinstatement on the Court's trial calendar is filed herein. IT IS FURTHER ORDERED all pending motions are denied with leave to reinstate should this matter fail to finalize. IT IS FURTHER ORDERED vacating any scheduled hearings and/or trial date (See Order for further details). Signed by Judge Roslyn O Silver on 5/21/10. (CLB) (Entered: 05/24/2010)
36 STIPULATION of Dismissal and Proposed Order by Corrections Corporation of America, Ben Griego, Marco Lopez, Daren Swenson, Todd Thomas. (Attachments: # 1 Text of Proposed Order)(Garcia, Liana) (Entered: 06/04/2010)
37 ORDER DISMISSING CASE, pursuant to the parties' Stipulation to Dismiss 36 , the Stipulation is APPROVED and this matter is dismissed with prejudice, the parties to bear their own fees and costs; the Court will retain jurisdiction of this matter until 12/5/11 to ensure compliance with the Settlement Agreement. Signed by Judge Roslyn O Silver on 6/8/10. (REW) (Entered: 06/08/2010)

 
 08/02/2010 17:18 FAX 8152833020

CCA BUSINESS DEU

liIl 001/004

Daniel P. Struck, Bar #012377 2 Liana], Garcia, Bar #027452
JONES, SKELTON & HOCHULI, P.L.C.
3 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 .
4 Telephone: (602) 263-1700 Fax: (602) 200-7811
5 dstruck(ci)jshfirm ,com Igarcia@Jshtirm.com
6 Attorneys for Defendants Corrections
7 Corporation of America, Todd Thomas, Ben Griego, Marcos Lopez and Daren Swenson
8

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF ARIZONA

II

Prison Legal News, a project of the Human Rights Defense Center, a'Washington non-

12 profit charitable corporation,

NO, 2:09-cv-0 1831-PHX-ROS

13

Plaintiff,

14

v.

15

Corrections Corporation Of America, a Maryland corporation; Daren Swenson, CCA

16

RegIOnal Director of Operations; Todd Thomas, Warden, Saguaro Correctional

17

Center; Ben Griego, Assistant Warden, Sa~uaro Correctional Center; Marco Lopez,

18

ChIef of Security, Saguaro Correctional Center; and DOES 1-100, inclusive,

SETTLEMENT AGREEMENT

19

Defendants.

20

21

Plaintiff and Defendants ("Parties") have participated in a Settlement

22 Conference before the Honorable David Duncan, Magistrate Judge of the United States

23 District Court for the District of Arizona on March 25, 2010.

24

The Parties agree that they intend to reac,h of settlement of this matter on the

25 following terms:

26

I. Prison Legal News will not be placed on a prohibited vendor list, nor

27 will Prison Legal News be subject to a blanket prohibition at Saguaro Correctional Center.

28
ll86114 I

IJ!54~2·11

08/02/2010 17:18 FAX 8152833020

CCA BUSINESS DEU

~ 002/004

2. Prisoners at Saguaro Correctional Center will receive books and

2 publications paid for or ordered by third parties (gift publications), as long as otherwise

3 permissible, pursuant to Policy No. 16·1, which is already in place at Saguaro

4 Correctional Center and is attached to this agreement as Exhibit A.

5

3. If any incoming book or publication from Prison Legal News is

6 rejected, the material shall be held at the institution for a period of thirty (30) days after

7 having provided notice to Prison Legal News. Prison Legal News shall be given notice

8 and opportunity to respond while material is being held.

9

4. Defendant will provide Notice to Prison Legal News if outgoing

10 correspondence to Prison Legal News is prevented from being sent.

11

5. Plaintiff agrees that the termS of this Agreement in no way restrict

12 Defendants' ability to manage Saguaro Correctional Center, and that the Defendants may

13 place restrictions on certain publications pursuant to Policy No. 16-1 and limit the amount

14 of property held by inmates pursuant to the facility's property retention policy.

15

6. Defendants agree that Prison Legal News is an "authorized retailer"

16 as defined in Policy 16-\.

17

7. Subscription cards affixed to Prison Legal News are not to be

18 intentionally removed trom publications.

19

8. In the event that Plaintiff becomes aware or a potential violation of

20 the Settlement Agreement, Plaintiff agrees to attempt to resolve the violation by

21 contacting Defense counsel directly, prior to seeking court enforcement of this

22 Agreement.

23

9.

ceA shall pay Prison Legal News a lump sum of $70,000 for

24 damages, attorney's fees and costs. Plaintiff is not entitled to additional attorney's fees or

25 costs for monitoring compliance with this agreement, but may be entitled to recover

26 reasonable attorneys fees and costs, to be determined by the court, incurred as a result of

27 filing a successful Motion to Enforce the settlement agreement. In consideration thereof,

28 Prison Legal News will execute an appropriate release.

21861141

2

10154J2·11

06/ 02/2 010 17 . 19 FAIC 6152633020

eeA eUSINE SS OEU

III 003/ 004

10. Prison Legal News ugrees that any press release issued to other media

2 regarding lhe settlement of this matter will omit th~ amount of the lump sum p.IIyment.

3

11. The panies consenl 10 the reservation and exercise of jurisdiction by

4 the United States District Court and assigned MAgistrate ludge over all dispute, between

S and among the Panies arising out of this Agreement, including but not limited 10,

6 interpretation and enforcement of the terms of this Agreement.

7

12. This Agreement, and all responsibilities and obligations herein. shall

8 terminate on December S. 2011 . On December 5. 2011. the Partie. shall stipulate to

9 dismiss the action with prejudice.

10

13. CCA shall post a notice ofthissenlement. substantially in the form 01'1

I I f.xhibit B hereto, conspicuously in the libraries, dayrooms and other common areas of ·
I 12 Saguaro Correctional Center, and shall maintain thc posting until the above-referenced

13 termination date.

14 15

_1-. co~~ti': tr'atio~fAm~ca
BY.

16

Cole Caner

Date: y Iz..(z.c(o

17

TITLE: Assistant General Counsel. Operations

18

19

10nes. Skelton & Hoehuli. P.L.C.

Date: _ _ _ _ _ __

20

BY:- - - - - - -

21

Daniel P. Struck

22

Anomeys for Defendants

23

24

Prison Legal N W$

25

BY'~~~~ ________ _

26 27 28
1,"114.1

Rosen ien Galvan. LLP

Oate: .-k.L3:.lz0 I 0

BY'!$~:=::===~

3

06/02/2010 17:20 FAX 6152633020

GGA BUSIHESS OEU

Idl 004/004

Ernest Galvan

2

Attorneys for Plaintiffs

3

4

5

6

Daniel Pochoda

7

Attorneys for Plaintiffs

8

9

10

11

12

13

J4

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2116114.1

4

WI"?"!

Date: 0/3/10

EXHIBIT A

POLICY TITLE
CHAPTER

Correspondence Procedures

16 POLICY NUMBER

16-1

Page 1 of 25

EFFECTIVE DATE
OCTOBER 28, 2009

SUPERSEDES DATE
NOVEMBER 1, 1997

SIGNATURE ON FILE AT FACILITY SUPPORT CENTER Richard P. Seiter Executive Vice President/Chief Corrections Officer
SIGNATURE ON FILE AT FACILITY SUPPORT CENTER G.A. Puryear, IV Executive Vice President/General Counsel

FACILITY NAME

SAGUARO CORRECTIONAL CENTER

FACILITY EFFECTIVE DATE

FACILITY SUPERSEDES DATE

FEBRUARY 1, 2010

JANUARY 1, 2009

16-1.1 POLICY:
It is the policy of CCA to allow all inmates/residents, including those housed in segregation units, to correspond with individuals and organizations outside of the facility. The sending and receiving of correspondence will only be restricted to the extent necessary to prevent a threat to the safety, security, and good order of the facility, the safety or well being of any individual, or for other legitimate penalogical purposes.
16-1.2 AUTHORITY:
CCA Company Policy
16-1.3 DEFINITIONS:
Certified Mail –Uninsured first class mail requiring proof of delivery.
Censoring Mail – The act of monitoring and withholding general correspondence, periodicals, and publications that are found to be detrimental to the security, good order, or discipline of the facility or that might incite violence or facilitate criminal activity.
Contraband – For the purpose of this policy, any items found in incoming/outgoing mail that are not authorized at the facility and/or not authorized to be sent out of/into the facility.
First Class Mail – A class of mail that includes all matter wholly or partly in writing or typewriting, all actual and personal correspondence, all bills and statements of account (e.g. postcards, letters, and sealed parcels).
General Correspondence – Mail, incoming and outgoing, between an inmate/resident and individual other than those approved for special correspondence.
Hazardous Material – Any article or substance designated by the U.S. Department of Transportation (DOT) as being capable of posing an unreasonable risk to health, safety, and property during transportation.
Indigent Inmate/Resident - An inmate/resident having maintained a balance of at least three dollars ($3.00) or less in their account, physical possession, or in both combined for thirty (30) days prior to the request for supplies. However, some facilities may vary due to contract requirements.
AT THIS FACILITY, THE DOLLAR AMOUNT USED FOR INDIGENCY IS:
THREE DOLLARS ($3.00).
AT THIS FACILITY, THE PROCEDURE USED FOR INDIGENCY IS:
THREE DOLLARS ($3.00) OR LESS FOR THIRTY (30) CONTINUOUS DAYS.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 2 of 25

OCTOBER 28, 2009

16-1

Inmate/Resident – Any adult or juvenile, male or female housed in a CCA facility. Inmates/residents may also be referred to as detainees, prisoners, or offenders depending on classification and in accordance with facility management contracts.

Insured Mail – A service that provides indemnity coverage for a lost, rifled, or damaged article, subject to the standards for the service and payment of the applicable fee.

Perishable Matter – An item (such as produce, live animal, or live plant) that can deteriorate in the mail and thereby lose value, create a health hazard, or cause a nuisance or disturbance under ordinary mailing conditions.

Obscene Material – Catalogs, advertisements, brochures and other material is deemed obscene when ALL of the following apply:

x

The average person, applying contemporary state standards, would find that the material, taken

as a whole, appeals to the prurient interest;

x

The material, taken as a whole, depicts or describes, in a patently offensive way, sexual content

as defined in this policy; and

x

The material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Printed Matter – Paper on which words, letters, characters, figures or images (or any combination of them) not having the character of a bill or statement of account, or of actual personal correspondence, have been reproduced by any process other than handwriting or typewriting.

Publication – Books, periodicals, newspapers, pamphlets, brochures, flyers, magazines, newsletters or similar materials (to include articles printed from the internet or clipped from magazines/newspapers) published by an individual, organization, or corporation that is distributed or made available through any means.

Reasonable Suspicion – Actions, conduct, or circumstances which lead the company to believe that activity in conflict with CCA policy and procedures has taken or is taking place.

Registered Mail – A service by which, through a system of receipts, the United States Postal Service (USPS) monitors the movement of the piece of mail from the point of acceptance to the point of delivery. The sender receives a receipt at the time of mailing and a delivery record is kept at the post office of address.

Sexual Content –Content, regardless of how it is produced, that contains any picture, photograph, drawing, or similar visual representation or image of an individual or portion on the human body which depicts nudity, sexual conduct, sadomasochistic abuse, bestiality, or homosexuality and/or detailed verbal descriptions or narrative accounts of deviate sexual behavior.

Special Correspondence – Mail between an inmate/resident and persons designated special correspondents by this policy.

Standard Mail – A class of mail consisting of mailable matter that is not required to be mailed as firstclass mail or is not mailed as a publication.

x

Standard mail matter that weighs fewer than sixteen (16) ounces and includes circulars, printed

matter, pamphlets, catalogs, newsletters, direct mail, and merchandise or mail matter that

weighs sixteen (16) ounces or more.

x

Standard mail matter that weighs sixteen (16) ounces or more but no more than seventy (70)

pounds such as bound printed matter.

16-1.4 PROCEDURES:

PROCEDURES INDEX

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 3 of 25

OCTOBER 28, 2009

SECTION A B C D E F G H I J K L M N O P Q R S T U

SUBJECT Communication of Procedures Supplies and Postage Envelope Preparation Correspondence Receptacles United States Postal Service (USPS) Regulations Facility Postal Services Prohibited Correspondence/Items Prohibited Publications Suspicious Correspondence Funds Special Correspondents Restricted Correspondents Inmate/Resident Correspondents Internal Correspondence Collection of Correspondence Inspection/Review of Correspondence Withheld Correspondence/Items/Publications Distribution of Correspondence Packages Correspondence Restriction Forwarding of Correspondence

16-1

A.

COMMUNICATION OF PROCEDURES

1.

The Inmate/Resident Handbook will include information regarding the facility’s

correspondence procedures. At a minimum, the handbook will include the following:

a.

General reference to this policy and availability of the policy;

b.

Mailing address of the facility;

c.

Mailing address for funds;

d.

Procedures for obtaining supplies and postage;

e.

Instructions on how to address envelopes;

f.

List of special correspondents;

g.

Notification that as long as the inmate/resident bears the mailing cost, there is

no limit on the volume of correspondence that the inmate/resident can

send/receive or on the length, language, content, or source of correspondence

or publications except when it is a clear violation of this policy;

h.

Notification that general correspondence may be opened and inspected for

security reasons;

i.

Notification that special correspondence will only be opened in the presence of

the inmate/resident;

j.

Procedures for censoring mail; and

k.

Package procedures (if applicable).

2.

All employees responsible for the collection, review/inspection, distribution, and

disposition of inmate/resident correspondence will be required to review this policy and

sign a 1-1G Policy/Post Order/PCN Acknowledgement form.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 4 of 25

OCTOBER 28, 2009

16-1

a.

All 1-1G’s will be maintained by the facility Manager, Quality Assurance in

accordance with procedures outlined in CCA Policy 1-1 Policy Management.

B.

SUPPLIES AND POSTAGE

1.

Indigent Inmates/Residents

Upon request, indigent inmates/residents will be provided with supplies and postage for general and special correspondence as outlined below. A charge will not be placed against future deposits to the inmate/resident’s trust account to recover the costs of materials and postage provided to the inmate/resident while the inmate/residents was in indigent status.

a.

General Correspondence

i.

Indigent inmates/residents will be provided a sufficient amount of

supplies (i.e. paper and writing utensils) to maintain community ties.

ii.

Indigent inmates/residents will also be provided postage in an amount

equal to three (3) one (1) ounce letters per week, unless otherwise

mandated by contractual requirements.

iii.

The facility will not be responsible for providing additional postal

services (e.g. registered mail, certified mail, insured mail, etc.), unless

otherwise mandated by contractual requirements.

iv.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS FOR

PROVIDING SUPPLIES AND POSTAGE TO INDIGENT

INMATES/RESIDENTS FOR GENERAL CORRESPONDENCE ARE:

FIRST CLASS POSTAGE AND SUFFICIENT SUPPLIES TO SEND AT LEAST THREE (3) GENERAL CORRESPONDENCE ITEMS PER WEEK.

b.

Special Correspondence

i.

Indigent inmates/residents will be provided a sufficient amount of

supplies (i.e. paper and writing utensils) to write to special

correspondents identified in this policy.

ii.

Indigent inmates/residents will also be provided postage in an amount

equal to five (5) one (1) ounce letters per week, unless otherwise

mandated by contractual requirements.

iii.

The facility will not be responsible for providing additional postal

services (i.e. registered, certified, or insured mail), unless otherwise

mandated by contractual requirements.

iv.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS FOR

PROVIDING SUPPLIES AND POSTAGE TO INDIGENT

INMATES/RESIDENTS FOR SPECIAL CORRESPONDENCE ARE:

FIRST CLASS POSTAGE AND SUFFICIENT SUPPLIES TO SEND AT LEAST FIVE (5) SPECIAL CORRESPONDENCE ITEMS PER WEEK.

2.

Non-Indigent Inmates/Residents

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 5 of 25

OCTOBER 28, 2009

16-1

Non-indigent inmates/residents may purchase supplies and postage through the facility’s commissary. The amount of supplies and postage that an inmate/resident may purchase and possess will be in accordance with the facility’s allowable property list.

3.

Incoming Correspondence

When required by contract, regulations, or law, inmates/residents may receive supplies and postage in incoming correspondence.

AT THIS FACILITY, PROCEDURES FOR RECEIVING SUPPLIES AND POSTAGE IN INCOMING CORRESPONDENCE PER CONTRACT, REGULATIONS, OR LAW ARE:

INMATES ARE PROHIBITED FROM RECEIVING SUPPLIES AND POSTAGE IN INCOMING CORRESPONDENCE. ALL POSTAGE AND SUPPLIES MUST BE PURCHASED THROUGH THE FACILITY COMMISARY.

C.

ENVELOPE PREPARATION

All general correspondence must be received in a standard legal or letter size envelope.

1.

Incoming

At a minimum, the following information must be included on any incoming correspondence sent to inmates/residents:

a.

Inmate/resident’s name;

b.

Inmate/resident’s identification number;

c.

Facility name and address; and

d.

Name and full address of the sender.

NOTE: When the sender is an approved special correspondent, as outlined in this policy, the envelope should also be marked “Confidential”.

2.

Outgoing

a.

At a minimum, the following information must be included on any

correspondence sent by inmates/residents:

i.

Inmate/resident’s name;

ii.

Inmate/resident’s number;

iii.

Facility name and address;

iv.

Name and full address of the receiver.

b.

The inmate/resident shall use their commitment name unless it has been legally

changed.

c.

Other than the facility address, inmates/residents may not include business

names or position titles in their return address information.

d.

All envelopes addressed to special correspondents, as outlined in this policy,

must be marked “Confidential”.

e.

Drawings on outgoing correspondence are not allowed if they obstruct

processing.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 6 of 25

OCTOBER 28, 2009

16-1

f.

Failure to properly address an envelope may result in the opening and return of

the correspondence to the inmate/resident.

g.

All outgoing correspondence will include a statement to reflect that the

correspondence originated from a correctional facility and that the facility is not

responsible for the substance or contents.

D.

CORRESPONDENCE RECEPTACLES

1.

At least one (1) correspondence receptacle will be available for general population

inmates/residents to securely drop their outgoing correspondence.

AT THIS FACILITY, THE CORRESPONDENCE RECEPTACLE(S) ARE LOCATED IN THE FOLLOWING LOCATION(S):

ON THE WALKWAY OUTSIDE THE DINING HALL.

2.

Each facility will establish procedures for the collection of outgoing correspondence for

inmates/residents who do not have access to the general population correspondence

receptacle (e.g. segregation, medical observation, etc.).

AT THIS FACILITY, CORRESPONDENCE COLLECTION PROCEDURES FOR INMATES/RESIDENTS THAT DO NOT HAVE ACCESS TO THE GENERAL POPULATION CORRESPONDENCE RECEPTACLE(S) ARE:

MAILBOXES IN SEGREGATION ARE LOCATED IN EACH POD. MAIL IS COLLECTED EACH DAY MONDAY-FRIDAY.

E.

UNITED STATES POSTAL SERVICE (USPS) REGULATIONS

All correspondence addressed to inmates/residents must be sent through the United States Postal Service (USPS) and comply with USPS Regulations.

1.

The United States Postal Services (USPS) prohibits the mailing of any of the following:

a.

Potentially hazardous materials that are not properly marked and packaged;

b.

Perishable items that are not properly marked and packaged;

c.

Correspondence containing any vile, or obscene material, and matter inciting

violence or terrorism;

d.

Solicitations that mimic billing statements, unless accompanied by a prominent

disclaimer;

e.

Solicitations stating approval by the USPS or Postmaster General, or

conformance to any postal law or regulation; and

f.

Correspondence that bears deliberate imitations of postal markings and/or

postal trademarks (e.g. “Priority Mail”, etc.).

2.

Correspondents are personally responsible for the content of each item of

correspondence they send through the USPS.

3.

Any violation of laws governing correspondence will be referred to postal authorities

and to appropriate criminal authorities. The sender may be subject to civil or criminal

penalties and/or federal prosecution for violation of postal laws.

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 7 of 25

OCTOBER 28, 2009

16-1

F.

FACILITY POSTAL SERVICES

1.

The facility will provide services for inmates/residents to send correspondence by

registered, certified, or insured mail as long as the inmate/resident pays all associated

costs according to current postal regulations.

a.

The facility will not provide for express mail, COD, private carriers, or stamp

collecting for inmates/residents while confined at the facility.

2.

Facility postal services are intended for inmates/residents and should not be used by

employees to send/receive personal correspondence.

a.

In the event personal correspondence is received for an employee

unintentionally, the correspondence will be opened prior to delivery. The

employee will be required to sign a 16-1A Unauthorized Use of Facility Mail

Services form acknowledging that they understand that they are not to have

personal correspondence sent to the facility.

b.

In the event personal correspondence is placed in an outgoing correspondence

receptacle, the correspondence will be returned to the employee. The

employee will be required to sign a 16-1A acknowledging that they understand

that they are not to send personal correspondence from the facility.

c.

A copy of the signed 16-1A form will be sent to the Human Resources Office for

inclusion in the employee’s file.

3.

The Facility Mailroom shall maintain a current address list of federal, state, county,

appellate, and district courts.

4.

The Facility Mailroom shall maintain a current address list of health care providers that

CCA uses for off-site inmate/resident medical appointments.

5.

Facility Mailroom employees shall obtain postage rate charts through the local servicing

post office. Current copies of these charts will be maintained and posted in areas

where all inmates/residents have access.

6.

Inmates/residents are prohibited from using facility postal services for the following,

unless otherwise mandated by contractual requirements:

a.

Receiving any contraband or anything of an illegal or threatening nature;

b.

Soliciting or accepting any publication or item which has not been paid for in

advance;

c.

Obligating themselves or others to time payments;

d.

Joining or participating in book, record, tape, or CD clubs, either personally or

via a third-party;

e.

Soliciting or accepting anything of value without written approval of the

Warden/Administrator or designee;

f.

Sending any items other than correspondence out of the facility without the

written approval of the Warden/Administrator or designee;

g.

Sending or receiving correspondence for another inmate/resident;

h.

Sending or receiving correspondence with coded messages;

i.

Sending or receiving information related to the crime or sentence of another

inmate/resident;

Proprietary Information – Not For Distribution – Copyrighted

Property of Corrections Corporation of America

Page 8 of 25 j.
k. l.

OCTOBER 28, 2009

16-1

Directing or conducting any business operations, except as necessary to protect real estate property or close out a business; and
Sending/receiving Cash-On-Delivery (COD) correspondence.
AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING PROHIBITED FACILITY POSTAL SERVICES ARE:
NONE

G. PROHIBITED CORRESPONDENCE/ITEMS

1.

Prohibited Correspondence

Correspondence containing malicious, false, inflammatory, or other types of statements or information, the purpose of which is reasonably intended to harm, or intimidate an employee, visitor, or guest may be prohibited. Correspondence that could reasonably jeopardize legitimate penalogical interests includes, but is not limited to:

a.

Plans to escape;

b.

Plans for criminal activities;

c.

Plans to introduce contraband into or out of the facility;

d.

Plans for activities in violation of facility rules;

e.

Threats to the safety and security of facility order, discipline or rehabilitation;

f.

Information which, if communicated, would create a clear and present danger of

violence and physical harm to a human being (including racially inflammatory

material);

g.

Letters or materials written in code or a foreign language when the

inmate/resident understands English (unless the Warden/Administrator or

designee determined that the recipient does not read and write fluently in

English);

h.

Correspondence which attempts to forward unauthorized correspondence to a

third party;

i.

Obscene material;

j.

Correspondence which encourages deviate sexual behavior which is criminal,

in violation of facility rules, detrimental to the rehabilitation of inmates/residents,

or determined by the Warden/Administrator or designee to be detrimental to the

safety and security of the facility (these materials include, but are not limited to,

pictures, drawings, or photographs which display or suggest vaginal, rectal, or

oral penetration by a person or object, ejaculation, bestiality, sadistic or

masochistic behaviors, child pornography, or the suggestion of child

pornography);

k.

Correspondence which may enable one (1) or more inmates/residents to

ascertain the time(s), date(s), and/or location(s) of upcoming off-site

appointments or transports;

l.

Personal identifying information (e.g. birth certificate, social security number,

driver’s license number, etc.) of individuals other than the inmate/resident’s and

his/her immediate family; and

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m. Other general correspondence for which rejection is reasonably related to a legitimate penalogical interest.

NOTE: Any restrictions imposed on prohibited correspondence shall be unrelated to the suppression of expression and may not be restricted solely based on unwelcome or unflattering opinions. These restrictions shall not apply to information and/or statements communicated for the express purpose of obtaining legal assistance.

2.

Prohibited Items

Items normally contained in general correspondence that are considered to be prohibited include, but are not limited to:

a.

Maps of the city where the facility is located or surrounding communities;

b.

Polaroid photographs;

c.

Photo negatives/slides;

d.

Photo albums;

e.

Photos of current or former employees;

f.

Framed photos;

g.

Greeting cards larger than 8 X 10;

h.

Greeting cards containing electronic or other non-paper parts;

i.

Greeting cards constructed in such a way to permit concealment of contraband;

j.

Stick on labels or stamps that appear to contain contraband;

k.

Items that are glued, taped, stapled, or otherwise affixed to a page; and

l.

Any items prohibited by law, regulations, or contract.

m. AT THIS FACILITY, ADDITIONAL ITEMS PROHIBITED ARE :

ANY ITEM WITH ANY FORM OF LAMINATION.

H.

PROHIBITED PUBLICATIONS

Publications shall be prohibited if they interfere with legitimate penalogical objectives (e.g. deterrence of crime, rehabilitation of inmates/residents, good order of the facility, to ensure an environment free of sexual harassment, etc.), or if the refusal is necessary to prevent the commission of a crime or to protect the interests of crime victims.

Publications shall also be prohibited if they contain pictures, depictions, illustrations, or information related to any of the following subjects:

1.

Inciting, aiding, or abetting riots, work stoppages, or means of resistance;

2.

Sending/receiving of contraband;

3.

Gang information (to includes codes, signs, symbols, training material, etc.);

4.

Terrorism information;

5.

Functionality of locks and/or security devices (e.g. cameras, alarms) or how to bypass

or defeat the security functions of these devices;

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6.

Use of hands, feet, or head as weapons, fighting weapons and techniques, self-defense

and martial arts;

7.

Drug paraphernalia, brewing of alcoholic beverages, or the manufacture or cultivation of

drugs, narcotics, or poisons;

8.

Racism and/or religious oppression and the superiority of one race/religion/political

group over another, and/or the degradation of one race/religion/political group by

another;

9.

Sale, manufacture, concealment, or construction of ammunition, guns, rifles, bombs,

explosives, or any other type weaponry;

NOTE: The mere photograph of a gun or knife in a magazine or publication (e.g. Field and Stream) is not sufficient in and of itself to exclude the publication.

10. Sabotage or disruption of computers, communications, or electronics;

11. Identity theft;

12. Escape methods (e.g. blueprints, drawings, road maps, or descriptions of a correctional facility, etc.);

13. Survival skills that could be used as an aid in eluding capture following an escape;

14. Obscene material;

15. Publications which encourage deviate sexual behavior which is criminal, in violation of facility rules, detrimental to the rehabilitation of inmates/residents, or determined by the Warden/Administrator or designee to be detrimental to the safety and security of the facility (these materials include, but are not limited to, pictures, drawings, or photographs which display or suggest vaginal, rectal, or oral penetration by a person or object, ejaculation, bestiality, sadistic or masochistic behaviors, child pornography, or the suggestion of child pornography);

16. Gambling strategies and other gambling-related material;

17. Patterns for tattoos and/or skin modification equipment which would provide, at a minimum, visual aids for inmates/residents wishing to reproduce this type of body ornamentation and/or equipment;

18. Contents that include cipher or code or instruct on the usage of codes;

19. Acts of violence, that cause or intend to cause, serious criminal injury or harm such as murder, rape, sexual assault, and cruelty to animals; and/or

20. Graphic violence that includes amputation, decapacitation, dismemberment, or mutilation maiming or disfigurement.

21. Any other type of content which the Warden/Administrator or designee has designated prohibited due to a threat such content is reasonably believed to pose to the safety, security, and/or orderly operation of the facility.

I.

SUSPICIOUS CORRESPONDENCE

1.

Suspicious correspondence includes incoming/outgoing correspondence that has one

(1) or more of the following characteristics:

a.

Oily stains on the envelope or on the outside of the package;

b.

Discolorations on the envelope or on the outside of the package;

c.

Crystallization on the envelope or on the outside of the package;

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d.

Excessive wrapping, tape, or string;

e.

Rigid, uneven, irregular, or lopsided packages;

f.

Packages with soft spots, bulges, or excessive weight;

g.

Packages with protruding wires or aluminum foil; and/or

h.

Any other characteristic which would give rise to suspicion that the mail system

is being used in a way that violates policy, law, or regulation.

2.

Facilities may apply heightened scrutiny to the incoming and outgoing correspondence

of certain inmates/residents to identify suspicious information. Examples include, but

are not limited to, inmates/residents:

a.

Who participated in criminal activity of a sophisticated nature;

b.

Whose crimes involved mail or fraudulent schemes; and/or

c.

Who are considered escape risks.

3.

Processing of suspicious correspondence may not interfere with the prompt handling of

the correspondence. Unless the correspondence is being denied, it will be processed

in the normal manner.

J.

FUNDS

1.

Inmates/residents will be allowed to have funds sent to them while incarcerated. Funds

will be sent to inmates/residents at one (1) of the following locations:

a.

To the facility;

b.

To the company’s bank lockbox; or

c.

To the contracting agency.

d.

AT THIS FACILITY, FUNDS WILL BE SENT TO THE FOLLOWING

LOCATION:

CERTIFIED CHECKS, CASHIER'S CHECKS, AND MONEY ORDERS ARE MAILED TO THE COMPANY’S BANK LOCKBOX.

e.

AT THIS FACILITY, THE ADDRESS WHERE FUNDS WILL BE SENT IS:

CCA INMATE TRUST INMATE FIRST & LAST NAME (AS IT APPEARS ON ID CARD) INMATE COMMISSARY NUMBER _ _ _ _ _ _ FACILITY: SUARO P.O. BOX 933488 ATLANTA, GA 31193-3488

2.

Funds received must be in the form of a money order or cashier check made payable to

the inmate/resident. There is no limit to the amount of funds that the inmate/resident

may receive on any given day, unless contractual requirements mandate otherwise.

1.

Cash will not be accepted.

2.

Personal checks will not be accepted.

3.

Checks made out to multiple parties will not be accepted.

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4.

Foreign currency will not be accepted.

5.

Wireless transfer services (e.g. Western Union, etc.) are an appropriate means

of transferring funds and may be used where available.

3.

With the exception of personal checks received at the company’s lockbox, unaccepted

funds received will be sent back to the sender with a 16-1B Unaccepted Funds

Notification. Personal checks received at the company’s lockbox will be destroyed.

a.

In the event cash is received, it will be deposited and a check will be written to

the sender for the amount of cash received.

4.

Unless approved by the Warden/Administrator (e.g. authorized facility activities/events

such as hobby craft sales, etc.), inmates/residents are not authorized to receive funds

from the following individuals:

a.

Other incarcerated inmates/residents;

b.

Families or visitors of other incarcerated inmates/residents;

c.

Ex-inmates/residents or their families;

d.

Employees or their families; and

e.

Unidentifiable sources.

5.

Incoming Funds

All incoming funds must clearly indicate the inmate/resident’s name and identification number.

a.

Funds received at the facility may be included with incoming general

correspondence.

b.

Funds received at the company’s bank lockbox may not have any other

documents included in the envelope. Other documents or personal items

received at the company’s lockbox will be destroyed.

c.

AT THIS FACILITY, CONTRACTING AGENCY PROCEDURES FOR

INCOMING FUNDS ARE:

RETURNED TO SENDER WITH INSTRUCTIONS TO SEND FUNDS TO CCA INMATE TRUST ADDRESS.

6.

Inmates/residents will receive a receipt for all funds received and posted to their trust

account. In the event funds were received from multiple sources on the same day, the

inmate/resident’s receipt will indicate each source separately.

K.

SPECIAL CORRESPONDENTS

1.

Inmates/residents will be allowed to send/receive confidential correspondence with the

following special correspondents:

a.

State and federal elected officials;

b.

State and federal officials appointed by the Governor;

c.

State and federal official appointed by the President of the United States;

d.

State and federal judges and courts;

e.

Attorneys who can be verified as licensed to practice law in any state;

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City, county, state, and federal officials having responsibility for the inmate/resident’s present, prior, or anticipated custody, parole, or probation supervision;
County agencies regarding child custody proceedings;
Officials of a foreign consulate;
Verified legal service providers/organizations (e.g. American Civil Liberties Union, Prison Law Office, National Association of Criminal Defense Lawyers, etc.); and
Facility Support Center Managing Directors, Facility Operations.
AT THIS FACILITY, ADDITIONAL INDIVIDUALS CONSIDERED SPECIAL CORRESPONDENTS ARE:
NONE

2.

Confidential correspondence with the special correspondents listed above is a right

guaranteed by law. Intentionally using special correspondence as a means for sending

general correspondence or the transmission of contraband items is an abuse of rights

guaranteed by law and such abuse may be subject to disciplinary action.

L.

RESTRICTED CORRESPONDENTS

1.

Inmates/residents may not correspond with restricted correspondents as outlined

below:

a.

Minors in which the legal guardian has provided written objection;

b.

Minors, except immediate family members, unless the legal guardian has

granted permission;

c.

Victims of a crime for which the inmate/resident has been convicted of or is

presently under indictment, or with any member of a victim’s household who is

not an immediate family member of the inmate/resident;

d.

Individuals under probation or parole, unless the paroling officer has granted

permission;

e.

Any individuals that are restricted based on a court order; and/or

f.

Any individual who has filed a written request to the facility requesting

discontinuation of correspondence.

2.

If the receiver of any correspondence, general or special, submits a written complaint to

the facility, due considerations will be given to any reasonable remedy sought by the

individual to include, but not limited to:

a.

Discussing the complaint with the inmate/resident in an attempt to resolve the

matter;

b.

Reading of all correspondence, including special correspondence, addressed to

the individual and disallowing only that which appears to perpetrate the

problem; and/or

c.

Disallowing all correspondence to the individual.

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3.

Any inmate/resident found to be corresponding with a restricted correspondent may be

subject to correspondence restriction and/or disciplinary action.

4.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING RESTRICTED

CORRESPONDENTS ARE:

INMATES WILL BE ALLOWED TO SEND LETTERS TO WHOMEVER EXCEPT AS OUTLINED IN 16-1.L.1 OR WHEN A REASONABLE BELIEF EXISTS THAT SUCH CORRESPONDECE COULD POSE A THREAT TO THE SAFETY AND SECURITY OF THE FACILITY.

M. INMATE/RESIDENT CORRESPONDENTS

1.

Inmates/residents may correspond with inmates/residents incarcerated in other

correctional facilities as outlined below.

a.

Prior written approval of the Warden/Administrator or designee must be

obtained from each facility. Copies of the approvals will be provided to both

inmates/residents.

i.

Written approvals will remain in effect even though one (1) or both of

the inmates/residents are transferred to another facility.

b.

Correspondence privileges will be limited to:

i.

Immediate family members (spouse, parents, siblings, children, and

grandchildren); and

ii.

Co-defendants in active cases.

c.

Correspondence will not be deemed to be special in any manner.

d.

All outgoing correspondence must remain unsealed until reviewed by

designated facility employees.

e.

Photographs of incarcerated inmates/residents must not be included in any

correspondence.

f.

Inmates/residents may not receive nor send correspondence to multiple

inmates/residents inside the same envelope.

2.

Correspondence privileges with other inmates/residents may be suspended or

terminated by the Warden/Administrator or designee, of either facility, for the following

reasons:

a.

One (1) or both inmates/residents have violated facility rules and regulations;

b.

The reason for the original approval no longer applies or has been determined

to have been erroneous or deceptive;

c.

The safety, security, or good order of the facility is jeopardized; and/or

d.

The safety or well being of any individual is jeopardized.

3.

Any time that correspondence privileges are suspended or terminated, a 16-1C

Inmate/Resident Correspondent Suspension/Termination form will be completed. The

facility initiating the 16-1C will send a copy of the 16-1C to the other participating facility

and to both inmates/residents.

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4.

AT THIS FACILITY, ADDITIONAL CONTRACTING AGENCY PROCEDURES FOR

INMATE/RESIDENT CORRESPONDENTS ARE:

HAWAII INMATES ONLY – INMATES MUST REQUEST APPROVAL TO CORRESPOND WITH OTHER INMATES THROUGH THE HAWAII DEPARTMENT OF PUBLIC SAFETY MAINLAND BRANCH.

N.

INTERNAL CORRESPONDENCE

1.

Inmates/residents may correspond with the appropriate facility employees to address

any issues or concerns that they may have.

AT THIS FACILITY, THE PROCEDURES FOR INTERNAL CORRESPONDENCE ARE:

INMATE REQUEST FORMS

2.

All internal correspondence to/from Health Services staff and/or the Grievance Officer

will be considered special and confidential and will not be opened unless authorized by

the Warden/Administrator or designee.

3.

Any internal correspondence addressed to contracting agency staff will be considered

special and confidential and will not be opened by facility staff. Internal correspondence

addressed to contracting agency staff will be forwarded appropriately.

O. COLLECTION OF CORRESPONDENCE

Excluding weekends and holidays, or emergency situations, correspondence will be collected from all facility correspondence receptacles on a daily basis.

1.

Each facility will prepare a schedule indicating normal collection times for each

correspondence receptacle. Each schedule must indicate that the times are

approximate and may be altered as necessary due to facility situations.

2.

The collection schedule will be posted in an area accessible to all inmates/residents.

P.

INSPECTION/REVIEW OF CORRESPONDENCE

With the exception of special correspondence, incoming/outgoing correspondence will be opened, inspected, and may be read to make sure that it does not violate the secure and orderly operation of the facility, does not adversely affect the rehabilitative progress of the inmates/residents, is not obscene, or does not conflict with the procedures outlined in this policy.

1.

Universal Procedures

a.

Disposable gloves will be provided for employees to use while

inspecting/reviewing correspondence.

b.

While reviewing correspondence, employees may incidentally learn of

information concerning the private lives of inmates/residents or their

correspondents.

i.

Employees must be sensitive to the fact that information in

correspondence is of a private nature and must be handled discreetly.

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ii.

Unless there is a legitimate penalogical concern relating to the facility’s

security, safety, or orderly operation, the contents of reviewed

correspondence are not to be revealed to any other person.

c.

When reviewing correspondence, disagreement with the sender/receiver’s

apparent moral values, attitudes, or choice of words will not be used as a

reason for withholding or delaying correspondence.

d.

Canines and x-ray machines may be used, at any time, to search

correspondence at the facility’s discretion.

e.

Correspondence will be returned to sender if it is not properly prepared as

outlined in 16-1.4C.

f.

Correspondence addressed to “Current Occupant” or “Current Addressee” will

be disposed of.

g.

All undelivered letters and packages returned to a facility, by the post office, will

be opened and inspected before returning to the inmate/resident.

i.

In the event special correspondence is returned, the envelope shall be

opened in the presence of the inmate/resident. The special

correspondence will be examined and read to the degree necessary to

determine if it was sent out by the inmate/resident and that it was not

opened or tampered with before its return to the facility.

h.

Upon conclusion of review/inspection, correspondence will be resealed

(stapled, taped, etc.) prior to sorting for distribution. Caution should be taken

when resealing correspondence, to ensure contents are not damaged.

i.

All correspondence and publications retained as personal property will be

subject to search or reading for contraband and security violations.

2.

Incoming Correspondence

a.

General

i.

All incoming general correspondence is subject to being read, in part or

in full, and searched for contraband before it is delivered to the

inmate/resident.

ii.

Any enclosures (e.g. newspaper articles, internet articles, or copies

thereof, etc.) will be treated in the same manner as the general

correspondence.

iii.

Incoming general correspondence containing contraband or prohibited

correspondence/items as outlined in 16-1.4 G. will be withheld.

iv.

In the event general correspondence is received for an inmate/resident

from a health care provider that CCA uses for off-site inmate/resident

medical appointments, the correspondence will be withheld in an effort

to protect the public, facility employees, and inmates/residents from

outside threats during transports/off-site appointments.

v.

Inmates/residents not wanting their incoming general correspondence

to be reviewed/inspected by employees may choose to reject all

incoming general correspondence.

x

The inmate/resident must complete and submit the 16-1D

Rejection of General Correspondence form to the Facility

Mailroom.

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x

All general correspondence received for inmates/residents who

have submitted a 16-1D will not be opened. It will be marked

returned to sender and sent back to the local post office.

b.

Special

i.

Incoming special correspondence should be marked “Confidential” and

must bear the name and title of a sender considered special under 16-

1.4 K. of this policy. Any special correspondence that cannot be

identified as special correspondence based on the markings on the

outside of the envelope will be treated as general correspondence.

ii.

Incoming special correspondence may be opened and inspected in the

presence of the inmate/resident to whom it is addressed.

x

In the event special correspondence is opened in error, it will

not be read but will be immediately resealed. The employee

who opened the correspondence in error must mark “opened in

error” on the envelope and sign and date the envelope. A log

will be maintained to document all special correspondence

opened in error.

iii.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be

treated in the same manner as special correspondence.

iv.

Prohibited correspondence/items, as outlined above in 16-1.4 G., will

be withheld from special correspondence if detected. However, any

portions of the special correspondence that do not contain prohibited

correspondence/items will be delivered to the addressee.

v.

Prohibited correspondence will be returned to the special

correspondent as outlined in 16-1.4 Q.

3.

Outgoing Correspondence

a.

General

i.

All outgoing general correspondence is subject to being read, in part or

in full, and searched for contraband before it is sent to the post office

for delivery.

ii.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be

treated in the same manner as general correspondence.

iii.

Outgoing general correspondence containing contraband or prohibited

correspondence/items as outlined above in 16-1.4 G. will not be

processed and the inmate/resident may be subject to correspondence

restriction or disciplinary action.

b.

Special

i.

All outgoing special correspondence must be marked “Confidential”

when it is addressed to individuals outlined in 16-1.4 K. Failure to mark

the correspondence as “Confidential” will result in the correspondence

being processed as general correspondence.

ii.

Outgoing special correspondence will be sealed by the inmate/resident

prior to depositing into correspondence receptacles.

iii.

If reasonable suspicion exists to believe that the outgoing

correspondence is not special, the Warden/Administrator may hold the

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correspondence for two (2) business days prior to mailing to allow verification of the special status of the addressee.

iv.

Outgoing special correspondence may be opened and inspected in the

presence of the sending inmate/resident to ensure that the special

correspondence does not contain contraband.

x

In the event special correspondence is opened in error, it will

not be read but will be immediately resealed. The employee

who opened the correspondence in error must mark “opened in

error” on the envelope and sign and date the envelope. A log

will be maintained to document all special correspondence

opened in error.

v.

Any enclosures (e.g. newspaper articles, internet articles, etc.) will be

treated in the same manner as the special correspondence.

vi.

If outgoing special correspondence contains prohibited

correspondence/items outlined above in 16-1.4 G., the prohibited

correspondence/items will be removed from the correspondence before

sending. If the prohibited correspondence/item indicates a violation of

the law, or intent to violate the law, the matter may be referred to the

appropriate authorities for possible prosecution. The inmate/resident

may be subject to correspondence restriction or disciplinary action.

AT SAGUARO CORRECTIONAL CENTER, THE FOLLOWING PROCEDURES WILL BE APPLIED TO OUTGOING SPECIAL CORRESPONDENCE IN LIEU OF THOSE OUTLINED IN P.3.b.iv. ABOVE:

x THE INMATE WILL PRESENT THE UNSEALED SPECIAL CORRESPONDENCE TO A MEMBER OF THE UNIT TEAM STAFF TO INSPECT FOR CONTRABAND. AT NO TIME WILL THE STAFF MEMBER READ OR CENSOR ANY PORTION OF THE SPECIAL CORRESPONDENCE.

x AFTER INSPECTION THE INMATE WILL SEAL THE SPECIAL CORRESPONDENCE IN THE PRESENCE OF THE INSPECTING STAFF MEMBER. ONCE SEALED THE SPECIAL CORRESPONDENCE WILL REMAIN WITH THE INMATE FOR PLACEMENT IN THE OUTGOING MAIL.

4.

Publications

a.

All publications will be reviewed/inspected to ensure the following:

i.

That the publication was sent directly from a recognized publisher,

distributor, or authorized retailer.

x

The Warden/Administrator may refuse to process publications

shipped from persons, entities, and organizations which cannot

assure the facility that the publications have not been handled

by persons other than their employees and the employees of

the mail or shipping service used for shipments to prevent the

introduction of contraband.

ii.

That the publication does not include pictures, depictions, illustrations,

or information as outlined in 16-1.4 H.

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iii.

To remove stapled or perforated items including, but not limited to, free

product samples, calendars, advertising, or promotional items.

b.

Non-English publications are subject to the same review/inspection and may be

subject to a reasonable delay in distribution pending translation. When such

delay exceeds five (5) calendar days, the inmate/resident will be notified in

writing of the delay, the reason for the delay, and subsequent actions regarding

the item.

c.

Unless mandated by contract, law, or regulation, publications will not be

rejected solely because they were purchased as gifts or purchased using funds

other than those from inmate/resident accounts.

Q. WITHHELD CORRESPONDENCE/ITEMS/PUBLICATIONS

1.

Prohibited Correspondence (General or Special)

a.

Facility Mailroom employees will document receipt of prohibited

correspondence on the 16-1E Prohibited Correspondence form.

i.

Withheld correspondence from a health care provider that CCA uses

for off-site inmate/resident medical appointments, will be processed as

follows:

x

The Chief of Security and Health Services Administrator (HSA)

will be notified;

x

The correspondence will be forwarded to the HSA for review;

and

x

The HSA or designee will be responsible for reviewing the

correspondence from the health care provider, ensuring the

privacy of medical information contained within the

correspondence, and communicating any health information to

the inmate/resident.

ii.

Unless an investigation or legal/disciplinary action is necessary,

prohibited correspondence (general or special) will be returned to the

sender along with a copy of the 16-1E and 16-1H

Correspondence/Publications Appeal form within two (2) business days

of receipt. Where permitted, the cost of returning prohibited

correspondence to the sender will be charged to the inmate/resident

addressee.

x

Prohibited correspondence withheld for investigation and/or

pending legal/disciplinary action will be held until conclusion of

the action.

x

In the event correspondence was deemed appropriate based

on an investigation and/or no legal/disciplinary charges are

recommended, the correspondence will be forwarded to the

inmate/resident.

iii.

When the inmate/resident is not the sender, a copy of the 16-1E and

16-1H will also be provided to the inmate/resident.

2.

Prohibited Items

a.

Facility Mailroom employees will document receipt of prohibited items on the

16-1F Prohibited Items form. Copies of the form will be provided to the

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inmate/resident along with a copy of the 16-1H form within two (2) business days of receipt.
AT THIS FACILITY, COPIES OF THE 16-1F AND 16-1H WILL ALSO BE FORWARDED TO THE FOLLOWING INDIVIDUALS:
CHIEF OF SECURITY AND ASSISTANT CHIEF OF SECURITY.

3.

Prohibited Publications

a.

The Warden/Administrator has the authority to ban publications that routinely

contain pictures, depictions, illustrations, or information as outlined in 16-1.4 H.

i.

A review of three (3) or more issues of the publication or all issues of

the publication, whichever is less, must be conducted to ensure that the

publication meets the criteria outlined above in Q.3.a.

ii.

If the results of the review indicate a need to ban the publication, the

following must occur:

x

The publisher must be informed, in writing, of the ban on the

publication and a brief explanation of the reason(s) for the ban

must be included.

x

Within thirty (30) days of the ban, the publication will be

included on the facility’s banned publication list and posted in

an area accessible to the inmate/resident population.

x

The issues reviewed must be retained at the facility for the

duration of the ban.

b.

Publications may also be banned when required by the contracting agency.

Publications banned by the contracting agency will be posted in an area

accessible to the inmate/resident population.

c.

A current list of banned publications must be posted in an area accessible to

the inmate/resident population.

d.

Facility Mailroom employees will document receipt of prohibited publications on

the 16-1G Prohibited Publication form.

e.

A copy of the 16-1G and 16-1H will be provided to the inmate/resident stating

the reason for denial.

4.

Appeal

When prohibited correspondence/items/publications have been denied, the inmate/resident and/or the sender will have the opportunity to appeal the denial. Correspondence/items/publications denied for legal/disciplinary action may not be appealed.

a.

Any individual choosing to appeal denied correspondence/publications must

complete the 16-1H and return the form to the Facility Mailroom employees

within seven (7) calendar days of receipt.

b.

Upon receipt of a 16-1H, Facility Mailroom employees will forward the form to

the Warden/Administrator or designee (not to be delegated below Assistant

Warden/Administrator) for review and response.

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The Warden/Administrator or designee (not to be delegated below Assistant Warden/Administrator) will provide a response to the appeal within fifteen (15) calendar days of receipt. The response will be forwarded to the Facility Mailroom employees who will be responsible for ensuring that the original is maintained at the facility and copies are provided to the sender.
Inmates/residents will have the opportunity to choose disposition of denied appeals regarding prohibited items as outlined below.
The Warden/Administrator or designee’s (not to be delegated below Assistant Warden/Administrator) decision is final and concludes the appeal process, unless otherwise specified in the facility management contract.
AT THIS FACILITY, ADDITIONAL CONTRACTUAL PROCEDURES FOR APPEALING DENIED CORRESPONDENCE/ITEMS/PUBLICATIONS ARE:
NONE

5.

Disposition

a.

Inmates/residents will be provided the opportunity to designate the disposition

of prohibited items on the 16-1F in one (1) of the following manners:

i.

Destroyed by facility employees;

ii.

Mailed to an address designated by the inmate/resident at the

inmate/resident’s expense; or

iii.

Picked up by an inmate/resident’s visitor, with prior approval of the

Warden/Administrator or designee.

b.

The inmate/resident will have thirty (30) calendar days to notify the facility of the

disposition.

c.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING

DISPOSITION OF PROHIBITED ITEMS ARE:

NONE

6.

Destruction

In the event a disposition has not been received by the inmate/resident after thirty (30) calendar days and no pending appeals, grievances, or other hold notices exist, the prohibited items will be destroyed.

a.

Two (2) employees must be present for the destruction.

b.

The 16-1F must document that a disposition was not received and that no

grievance or other hold notice is pending.

c.

Both employees will sign the 16-1F indicating the date and time of the

destruction.

d.

Upon completion of the destruction, a copy of the 16-1F will be forwarded to the

inmate/resident.

7.

All signed 16-1E, 16-1F, 16-1G, and 16-1H forms will be maintained at the facility in

accordance with CCA Policy 1-15 Retention of Records.

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R.

DISTRIBUTION OF CORRESPONDENCE

1.

Excluding weekends and holidays, or emergency situations, incoming and outgoing

correspondence will be distributed within forty-right (48) hours of the facility’s receipt.

a.

Correspondence received in languages other than English may be subject to a

delay for translation of its contents. When such delay exceeds normal

distribution timeframes, a 16-1I Correspondence Translation Delay form will be

completed and presented to the inmate/resident to acknowledge.

2.

The distribution of special correspondence, incoming and outgoing, will be documented.

Inmates/residents may be required to sign acknowledging their receipt of the special

correspondence.

S.

PACKAGES

1.

Incoming

In the event the facility allows receipt of special packages, the following will apply:

a.

Each Warden/Administrator may make available to the inmate/resident

population a list of items which may be received in packages.

b.

Any person may purchase and send such approved items to any

inmate/resident. However, at some facilities the contracting agency allows the

package to be sent from a vendor only.

i.

AT THIS FACILITY, THE ITEMS WHICH MAY BE RECEIVED IN

PACKAGES ARE AS FOLLOWS:

ONLY PACKAGES FROM VENDORS APPROVED BY THE FACILITY ADMINISTRATION MAY BE RECEIVED.

ii.

THE NUMBER OF PACKAGES WHICH MAY BE RECEIVED ARE AS

FOLLOWS:

AS ALLOWABLE PROPERTY MATRIX DICTATES.

c.

All incoming packages will be inspected for contraband.

d.

Excluding weekends and holidays, or emergency situations, packages are held

no more than seventy-two (72) hours before delivery to the inmate/resident.

2.

Outgoing

a.

All outgoing packages will be inspected for contraband.

b.

Excluding weekends and holidays, or emergency situations, packages will be

shipped within seventy-two (72) hours of receipt.

3.

Packages containing non-allowable or excess property items, that are not considered

contraband, will be disposed of in accordance with CCA Policy 14-6 Inmate/Resident

Property unless contractually mandated otherwise.

AT THIS FACILITY, THE FOLLOWING POLICY IS UTILIZED IN LIEU OF CCA POLICY 14-6:

NONE

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4.

Contraband will be destroyed in accordance with procedures outlined in CCA Policy 9-5

Searches and Contraband Control unless contractually mandated otherwise.

AT THIS FACILITY, THE FOLLOWING POLICY IS UTILIZED IN LIEU OF CCA POLICY 9-5:

NONE

5.

Packages containing legal materials and special information will be processed in the

same manner and time frames as special correspondence.

T.

CORRESPONDENCE RESTRICTION

1.

Correspondence restriction may be imposed on inmates/residents for:

a.

Violation of the procedures in this policy;

b.

Violation of USPS regulations;

c.

Complaints received from the receiver of the correspondence;

d.

Any other action deemed appropriate by the Warden/Administrator.

2.

Anytime a correspondence restriction is imposed a 16-1J Correspondence Restriction

Notice must be completed and sent to the affected inmate/resident. The 16-1J must

include the reason for the restriction and the length of time the restriction will be

imposed.

a.

The 16-1J and all documentation supporting the restriction will be maintained in

the inmate/resident’s institutional file, unless prohibited by contractual

requirements.

b.

AT THIS FACILITY, CORRESPONDENCE RESTRICTION DOCUMENTS

WILL BE MAINTAINED IN THE FOLLOWING LOCATION:

NONE

3.

All correspondence restrictions will be reviewed by the Warden/Administrator or

Assistant Warden/Administrator at least once every six (6) months and documented on

the 16-1K Review of Correspondence Restriction.

a.

The purpose for the review is to determine if the inmate/resident’s

correspondence restriction should be continued or discontinued. The 16-1K

must fully document the results of the review.

b.

The inmate/resident must be provided a copy of the 16-1K.

4.

AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING

CORRESPONDENCE RESTRICTION ARE:

NONE

U.

FORWARDING OF CORRESPONDENCE

1.

Inmates/residents are responsible for notifying their correspondents and the publishers

of their subscriptions of any change of address. Inmates/residents arriving at the facility

or scheduled for transfer or release may request change of address cards from the

Facility Mailroom.

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2.

Facilities are not required to forward correspondence to inmates/residents who are

temporarily absent from the facility (e.g. out to court, hospital, etc.) when the

inmate/resident is anticipated to return to the facility within two (2) weeks.

3.

Correspondence received from an inmate/resident who has been transferred from the

facility where the correspondence was received shall be immediately forwarded to the

facility or agency that has current custody of the inmate/resident. The correspondence

will not be returned to sender as “Addressee Unknown” or “Inmate No Longer Housed

At This Facility” unless the inmate/resident has been released from custody and a

forwarding address is not available.

4.

First class mail and periodicals addressed to an inmate/resident who has been

transferred shall be forwarded to the inmate/resident’s current address via United

States Postal Service (USPS).

5.

Standard mail with a “mailer endorsement” (i.e. “Address Service Requested”,

“Forwarding Service Requested”, “Change Service Requested”, “Return Service

Requested”) that was appropriately addressed, but is undeliverable due to the

inmate/resident no longer being housed at the facility will be returned to the USPS for

processing. Standard mail received without a “mailer endorsement”, for

inmates/residents no longer at the facility, may be disposed of.

6.

AT THIS FACILITY, ADDITIONAL CONTRACTING AGENCY PROCEDURES FOR

FORWARDING CORRESPONDENCE ARE:

NONE

16-1.5 REVIEW: This policy will be reviewed by the Office of General Counsel on an annual basis.
16-1.6 APPLICABILITY: All CCA Facilities (Provided contractual requirements do not mandate otherwise)
16-1.7 APPENDICES: None
16-1.8 ATTACHMENTS: 16-1A Unauthorized Use of Facility Mail Services 16-1B Unacceptable Funds Notification 16-1C Inmate/Resident Correspondent Suspension/Termination 16-1D Rejection of General Correspondence 16-1E Prohibited Correspondence 16-1F Prohibited Items 16-1G Prohibited Publication 16-1H Correspondence/Publications Appeal 16-1I Correspondence Translation Delay 16-1J Correspondence Restriction Notice

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16-1K Review of Correspondence Restriction 1-1G Policy/Post Order/PCN Acknowledgement AT THIS FACILITY ADDITIONAL FORMS UTILIZED ARE:

16-1.9 REFERENCES: CCA Policy 1-1 CCA Policy 1-15 CCA Policy 9-5 CCA Policy 14-6 ACA Standards. 4-4266/4-ALDF-2A-60 4-4487 4-4488/4-ALDF-5B-05 4-4489/4-ALDF-5B-06 4-4490/4-ALDF-5B-07 4-4491/4-ALDF-5B-08 4-4492/4-ALDF-5B-09 4-4493 4-4494 4-4495/4-ALDF-5B-10 4-4496

16-1

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EXHIBIT B

NOTICE OF CHANGE TO POLICY 16-1
In December 2009, CCA revised Policy No. 16-1 regarding prisoner mail to remove certain limitations on publishers’ ability to send books and publications to prisoners at Saguaro Correctional Center. You may review a copy of Policy No. 16-1 at the prison library. The pertinent changes are as follows:
1. Prisoners at Saguaro Correctional Center may receive gift publications (that is, books and publications paid for and ordered by third parties), as long as otherwise permitted pursuant to Policy No. 16-1.
2. If any incoming book or publication is rejected, the material shall be held at the institution for a period of thirty (30) days after having provided notice to the publisher. The publisher shall be given notice and opportunity to respond while material is being held.
3. Prison Legal News is an approved vendor at Saguaro Correctional Center.

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