Johnson v. Upchurch

Grace Mcllvain

" "

1 MILLER & PITT

111 South Church Avenue 2 Tucson, Arizona 85701-1680

602-792-3836 3

JI-AZ-002-001

David Lambert 4 NATIONAL CENTER FOR YOUTH LAW
114 Sansome Street, Suite 900 5 San Francisco, California 94104-3820
415-543-3307 6

Attorneys for Plaintiffs 7

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE DISTRICT OF ARIZONA

10

11 MATTHEW DAVEY JOHNSON; S.G., a minor,)

by and through his mother and next )

12 friend, A.G.; P.M., a minor, by and )

through his mother and next friend, )

13 V.J.; D.F., a minor, by and through )

his mother and next friend S.F.;

)

14 M.G., a minor, by and through

)

his father and next friend D.G.;

)

15 O.S., a minor, by and through

)

his father and next friend A.S.;

)

16 D.A., a minor, by and through

)

his father and next friend, J.A.; )

17 and B.L., a minor, by and

)

through his father and next

)

18 friend, D.L., on behalf of themselves)

and all others similarly situated,

19 Plaintiffs,

20 vs.

21 JAMES R. UPCHURCH, in his

22 personal capacity; GENE MOORE, in his official capacity as Acting

23

Superintendent of Catalina Mountain Juvenile Institution; SAMUEL LEWIS,

24

in his official capacity as Director of the Arizona Department of

25

Corrections; and CAROL MOORE HURTT, in her official capacity as Director

26

of Juvenile Services for the Arizona Department of Corrections,

27

Defendants.

28

NO. CIV-86-195-TUC-RMB CORRECTED SIXTH AMENDED COMPLAINT

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INTRODUCTION

2

1. This is a civil rights class action which concerns

3 policies, practices, and conditions of confinement at the Catalina

4 Mountain Juvenile Institution (CMJI) near Tucson, Arizona.

5 Plaintiffs are juveniles who are or who have been confined at CMJI

6 and who have been subjected by defendants, acting under color of

7 state law, to cruel, unconscionable, and illegal conditions of

8 confinement.

9

2. Plaintiff MATTHEW DAVEY JOHNSON seeks damages from

Defendant JAMES UPCHURCH who is sued in his personal capacity. 10
Plaintiff M.G. seeks damages from defendants CAROL MOORE HURTT and 11
THOMAS KORFF who are sued in their personal capacities. 12
3. Plaintiffs MATTHEW DAVEY JOHNSON and plaintiffs S.G., 13
R.M., D.F., M.G., O.S., D.A., and B.L. seek declaratory, 14
injunctive, and other equitable relief on behalf of themselves and 15
all other juveniles similarly situated who are, or who will be 16
confined at CMJI and thereby subjected to the cruel, 17
unconscionable, and illegal practices of defendants. 18
JURISDICTION 19
4. This Court has jurisdiction of this action under 28
20 U.S.C. Section 1343(3) and (4); 28 U.S.C. Section 1331(a); 28
21 U.S.C. Sections 2201 and 2202; 20 U.S.C. Section 1401 et seq., and

22 the regulations promulgated thereunder; and Federal Rules of Civil

23 Procedure 57 and 65. Plaintiffs' claims for relief are authorized

24 by 42 U.S.C. Section 1983 which provides for redress of

25 deprivations under color of state law or rights guaranteed by the

26 Constitution and laws of the United States.

27 5. This Court has jurisdiction of plaintiffs' state law

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claims under the doctrine of pendent jurisdiction, which permits

federal courts to determine state law claims which form separate

but parallel grounds for relief also sought in substantial claims

based on federal law. 4

PLAINTIFFS

6. Plaintiffs who bring this action by and through a 6

parent as their next friend have not reached their eighteenth

. birthday. The plaintiffs and their next friends are actual

persons and, except for plaintiff JOHNSON, sue under fictitious

names because they fear humiliation and embarrassment if their 10
true identities are made public. 11
7. At the time of filing of the Fourth Amended Complaint, 12
plaintiff MATTHEW DAVEY JOHNSON was 18 years of age; a citizen of 13
the United States; and a resident of the State of Arizona. He was 14
confined at CMJI from October, 1985, until December, 1986. 15
Plaintiff JOHNSON initiated this action in April, 1986, by and 16
through his father as next friend but has since reached his 17
eighteenth birthday and sues in this Amended Complaint on his own 18
behalf. 19
8. Plaintiff s.G. is 14 years of age; a citizen of the
20 United States; and a resident of the State of Arizona. He is
21 currently confined in CMJI and has been so confined since
22 November, 1986. He brings this action by and through A.G., his
23 mother, as next friend.
24 9. Plaintiff P.M. is 17 years of age; a citizen of the
25 United States; and a resident of the State of Arizona. He is
26 currently confined in CMJI and has been so confined since August,
27 1986. He brings this action by and through V.J., his mother, as
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next friend.

10. Plaintiff D.F. is 17 years of age; a citizen of the

2 United States; and a resident of the State of Arizona. He is

currently confined in CMJI and has been so confined since

November, 1986. He brings this action by and through S.F., his

o, mother, as next friend,

7

11. Plaintiff M.G., is a resident of the United States and

a citizen of the State of Arizona. At the time that the Fourth 8

9 Amended Complaint was filed, M.G. was 15 years old and he brought

10 that action by and through D.G., his father and next friend. M.G.

11 reached his eighteenth birthday on January 12, 1990 and sues in

12 this Amended Complaint on his own behalf.

13

12. Plaintiff O.S. is 17 years of age; a citizen of the

14 United States; and a resident of the State of Arizona. He is

15 currently confined in CMJI and has been so confined since July,

16 1986. He brings this action by and through A.S., his father, as

17 next friend.

18

13. Plaintiff D.A. is 17 years of age; a citizen of the

19 United States; and a resident of the State of Arizona. He is

currently confined in CMJI and has been so confined since July, 20
1986. He brings this action by and through J.A., his father, as 21
next friend. 22
14. Plaintiff B.L. is 14 years of age; a citizen of the 23
United States; and a resident of the State of Arizona. He is 24
currently confined at CMJI and has been so confined since April, 25
1986. He brings this action by and through D.L., his father, as 26
next friend. 27

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DEFENDANTS

„

15. Defendant JAMES UPCHURCH was the Superintendent of

CMJI from January, 198 6, to November, 198 6. As such, he was

responsible for the day to day administration and management of 4
CMJI, for formulating, implementing, and approving policies and

decisions affecting juveniles confined at CMJI, and for training, 6
directing, and supervising persons at CMJI responsible for the

care and custody of plaintiffs, including volunteer counselors. 8
He is sued in his personal capacity.

16. Defendant THOMAS KORFF has been Superintendent of CMJI 10
continuously since May, 1987. In that capacity he is responsible 11
for the day to day administration and management of CMJI, for 12
formulating, implementing, and approving policies and decisions 13
affecting juveniles confined at CMJI, and for training, directing, 14
and supervising persons at CMJI responsible for the care and
15 custody of plaintiffs, including volunteer counselors. He is sued
16 in his personal capacity.
17 17. Defendant SAMUEL LEWIS is the Director of the Arizona
18 Department of Corrections. As such, pursuant to Arizona Revised
19 Statutes 42-1603, he is responsible for maintaining and
20 administering CMJI for the treatment and rehabilitation of youth
21 offenders, and for implementing Arizona Department of Corrections

22 regulations, policies, and rules affecting juveniles confined at

23 CMJI. During all times relevant to this complaint, he has been

24 responsible for supervising defendants UPCHURCH, MOORE and KORFF.

25 He is sued in his official capacity.

96

18. Defendant CAROL MOORE HURTT has been Assistant

27 Director for Juvenile and Community Services in the Arizona

28

Department of Corrections continuously since April, 1985. In that

capacity she is responsible for the general supervision and

management of juvenile institutions in Arizona, including CMJI,

and for implementing Arizona Department of Corrections 4
regulations, rules, and policies affecting juveniles confined at

CMJI. Defendant CAROL MOORE HURTT was the immediate supervisor of 6
Defendant JAMES UPCHURCH from April, 1985 to November, 1986, and

has been the immediate supervisor of Defendant THOMAS KORFF since 8

9 May, 1987. She is sued in her personal capacity.

10

19. Defendant C. DIANE BISHOP, is the Superintendent of

11 Public Instruction and Director of the Arizona Department of

12 Education. She also is the Executive Officer of the Arizona State

13 Board of Education. Under Arizona law, she is primarily
14 responsible for state supervision and enforcement of all laws,
15 rules and regulations concerning elementary and secondary
education in Arizona and, pursuant to federal and state laws and 16
regulations, she is primarily responsible for the provision of 17
special education and related services to all eligible 18
''handicapped children," as that term is defined in the Education 19
for all Handicapped Children Act and Arizona Revised Statutes 1520
761, including such children confined at CMJI. She is sued in her 21
official capacity. 22
20. Defendant, the ARIZONA BOARD OF EDUCATION, is the 23
statutorily created entity responsible for setting and enforcing 24
educational policy in the State. It has the authority to and has 25
adopted rules and regulations regarding elementary and secondary 26
education, including the provision of special education services 27
to "educationally handicapped" children as that term is defined in 28

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, the Education for all Handicapped Children Act and Arizona Revised

„ Statutes 15-761, including such children confined at CMJI.

„

21. In doing the acts described herein, each of the

defendants has acted under color of state law and by virtue of the

authority vested in each of them as employees of the State of

Arizona. 6

CLASS ACTION

22. Plaintiffs bring this action on their own behalf and 8
on behalf of all others similarly situated pursuant to Rule 23(a) 9
and (b)2 of the Federal Rules of Civil Procedure. tHe class 10
consists of all juveniles who are now or who in the future will be 11
confined at CMJI. 12
23. The.members of the class are so numerous that joinder 13
of all members is impracticable. On information and belief, there 14
are approximately 175 juveniles presently confined at CMJI and 15
other juveniles are brought into the institution with regularity. 16
In addition, there are questions of law and fact common to the 17
members of the plaintiff class regarding practices of the 18
defendants, and the claims of the named plaintiffs are typical of 19
the claims of the members of the plaintiff class. The named
20 plaintiffs and plaintiffs' counsel will fairly and adequately
21 protect the interests of the members of the class.f
22 24. By their policies, the defendants have acted and
23 continue to act on grounds and in a manner generally applicable to
24 the class, thereby making appropriate final injunctive relief or
25 corresponding declaratory relief with respect to the class as a
26 whole.
27 25. The injuries suffered by the named plaintiffs and the
28

members of the plaintiff class as a result of the policies and

practices of defendants are capable of repetition, yet may evade

review, thereby making class relief appropriate.

4 A.
5
6

FACTUAL ALLEGATIONS FACTS IN SUPPORT OF CLAIMS FOR DECLARATORY. INJUNCTIVE. AND OTHER EQUITABLE RELIEF I. DISCIPLINARY PRACTICES

'

A. Solitary Confinement

26. Defendants maintain a punishment cottage at CMJI known

° as Yucca Cottage which contains 16 cells. These cells are

10 approximately 9' x 9' and are of concrete block construction with

11 bare cement floors and heavy barred doors. Except in two of the

12 cells which contain uncovered institutional-style toilets and

13 sinks, there are no furnishings in the cells except a heavy metal

14 bed frame stationed on metal legs.

15

27. Defendants have failed to maintain these cells in a

16 safe condition. The cells are inadequately heated in winter and

17 inadequately cooled in summer; they are inadequately lighted, and

18 they are unclean and unsanitary.

19

28. Defendants have confined plaintiffs in these cells for

2Q periods ranging from several hours to weeks or even months. For

example, defendants confined plaintiff JOHNSON in Yucca Cottage

22 for over 50 consecutive days. Defendants confined plaintiff D.A.

23 in Yucca Cottage on at least seven occasions for periods as long

as thirteen days. Defendants confined plaintiff O.S. in Yucca

Cottage on at least 3 0 occasions for periods as long as seven

days. Defendants have confined each of the plaintiffs in Yucca

27 Cottage.

29. Defendants have confined plaintiffs in cells in Yucca

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Cottage twenty-four hours a day except for brief periods to use

the bathroom or shower or for periods of forced exercise.

Defendants permit plaintiffs to shower only every other day and to 3
leave their cells to exercise only after they have been in 4
solitary confinement for five consecutive days. On occasion, 5
defendants have denied plaintiffs confined in Yucca Cottage 6
permission to leave their cells to go to the bathroom and, as a 7
result, plaintiffs have urinated or defecated on the floor of 8
their cells. 9
30. Defendants have failed to provide adequate clothing 10
for plaintiffs in Yucca Cottage cells. Before being placed in 11
these cells, defendants strip-search plaintiffs and give them only 12
a jumpsuit to wear. On occasion, defendants have denied 13
plaintiffs jumpsuits and have confined plaintiffs in Yucca Cottage 14
cells with no clothing but underwear. For example, defendants 15
confined plaintiff D.A. in a cell in Yucca Cottage overnight with
16 no clothing but underwear. Defendants do not permit plaintiffs to
17 wear shoes while confined in Yucca Cottage and defendants often do
18 not permit plaintiffs to wear socks.
19 31. Defendants have failed to provide adequate bedding to
20 plaintiffs while in Yucca Cottage cells. Defendants give

21 plaintiffs a mattress and one small blanket each night and then

22 remove the mattress and blanket from the cell each morning. On

23 occasion, defendants withhold mattresses and blankets at night as

24 additional punishment.

25

32. Defendants have failed to take sufficient precautions

26 in the event of fire to adequately protect plaintiffs in Yucca

27 Cottage cells. For example, defendants lock cells in Yucca

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Cottage individually with padlocks and have failed to provide an

adequate plan for evacuation in the event of fire.

33. Defendants have confined depressed, agitated and

emotionally disturbed children in solitary confinement in Yucca 4
Cottage and defendants have taken inadequate measures to protect

them from self-injury. As a result plaintiffs have cut, hanged 6
and otherwise injured themselves.

34. Defendants have failed to provide adequate psychiatric 8
and psychological counseling and other mental health services to

10 plaintiffs held in solitary confinement in Yucca Cottage, including those plaintiffs who have injured or attempted to injure
11 themselves. As a result, plaintiffs have suffered serious
12 psychological stress, including the effects of sensory
13 deprivation, while in Yucca Cottage.
14 35. Defendants have failed to provide educational programs
15 for plaintiffs in Yucca Cottage and they have failed to provide
16 appropriate reading materials. In addition, defendants have

17 prevented plaintiffs from participating in educational programs

18 which they have tried to pursue on their own initiative. For

19 example, defendants intentionally and deliberately denied

20 plaintiff JOHNSON the opportunity to take the Graduate Equivalency

21 Degree Examination (GED) because he was in Yucca Cottage.

22

36. Defendants have failed to provide rehabilitative

23 treatment or counseling programs for plaintiffs in Yucca Cottage.

24

37. Plaintiffs have suffered and continue to suffer

25 serious emotional and physical injury as a result of defendants'

26 practices regarding confinement in Yucca Cottage.

27

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B. Punitive Segregation

38. Defendants confine plaintiffs in Yucca Cottage cells

for indefinite periods of time in a program known as "motivational

hold" or "structured management." Defendants permit plaintiffs in 4
punitive segregation to leave Yucca Cottage only to perform hard

labor or to attend school. Defendants sometimes deny plaintiffs 6
in punitive segregation the opportunity to attend school or to

otherwise participate in any educational program. 8
39. Defendants permit plaintiffs in punitive segregation

to visit only with their parents and only for one-half hour on 10
Saturdays and one-half hour on Sundays. Defendants deny 11
plaintiffs in punitive segregation the opportunity to communicate 12
by telephone with family members. 13
40. Defendants fail to provide plaintiffs in punitive 14
segregation with appropriate counseling, recreation, and other 15
rehabilitative treatment. 16
C. Handcuffing and Shackling 17
41. Defendants use metal, police-style handcuffs and leg 18
shackles to punish plaintiffs for violations of institutional 19
rules. For example, defendants placed plaintiff D.A. in handcuffs 20
and leg shackles for refusing to shovel dirt and required him to 21
stand in the sun for two hours. 22
42. Defendants also use metal handcuffs to restrain 23
plaintiffs whenever they are taken to Yucca Cottage or moved from 24
Yucca Cottage. Defendants have restrained all of the plaintiffs 25
in metal handcuffs before* taking them to Yucca Cottage even though 26
they offered no resistance and posed no threat to the security of 27
the institution. 28
11

43. Defendants have also used handcuffs to punish
plaintiffs for violations of institutional rules by restraining
their arms and legs to the corners of bed frames in what is known 3
as "four-pointing." For example, defendants "four-pointed" 4
plaintiff M.G. and left him on a metal bed frame for several hours 5
because he was involved in a fight. 6
44. Plaintiffs have suffered and continue to. suffer 7
serious physical and emotional injury as a result of defendants' 8
use of handcuffs and shackles. 9
D. Disciplinary Due Process 10
45. Defendants subject plaintiffs to cruel, excessive, 11
harsh, and brutal punishments for violations of petty, vague, and 12
ambiguous institutional rules. For example, defendants punish 13
plaintiffs by placing them in handcuffs and leg shackles, by 14
locking them in solitary confinement cells, by placing them in 15
punitive segregation, and by extending their period of confinement 16
in the institution for such rule violations as smoking, swearing, 17
"staff disrespect," "excessive horseplay," and "rumor of AWOL." 18
46. Defendants have failed to adequately train and 19
supervise institutional staff and have permitted institutional 20
staff to impose cruel and harsh punishments in an arbitrary and
21 capricious manner. For example, defendants have authorized
22 institutional staff, as well as volunteer "counselors" who are not
23 employees of the institution, to punish plaintiffs by having them
24 placed in handcuffs, shackles, solitary confinement, and punitive
25 segregation.
26 47. Prior to the imposition of such harsh and brutal
27 punishments, defendants fail to provide plaintiffs with written
28
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notice of any alleged rule infractions and an opportunity to

„ adequately defend. Defendants fail to provide hearings which are

adequate to determine whether a rule violation has occurred,

whether the child charged committed the violation, and to

determine the most appropriate disciplinary sanction for a child 5
who has violated an institutional rule. 6
48. Defendants have failed to establish any effective

grievance or appeal process for plaintiffs who have been subjected 8
to arbitrary, cruel, excessive, and illegal punishments.

10 II.

MEDICAL CARE

11

49. Defendants have failed to adequately screen and

12 evaluate plaintiffs prior to or at the time of placement in CMJI

13 to determine their medical, dental, and mental health needs.

50. Defendants have failed to provide adequate and 14

appropriate medical, counseling and mental health services to 15

plaintiffs who have cut, hanged or otherwise injured themselves. 16
51. Defendants have failed to design and implement an 17
adequate and appropriate treatment procedure for plaintiffs who 18
are injured or ill or to provide an appropriate facility to 19
provide for their needs. As a result, plaintiffs who are injured 20
or ill are confined in Yucca Cottage. 21
52. Defendants have failed to protect the plaintiffs and 22
members of their class from the excessive or inappropriate use of 23
psychotropic and anti-depressant drugs. Defendants administer 24
such drugs to plaintiffs and members of their class for purposes 25
of punishment and control.
26 III. EDUCATIONAL PROGRAMMING
27 53. Defendants are recipients of federal funds within the

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1 meaning of the Education for All Handicapped Children Act, 20

„ U.S.C. Section 1401, et seq.

„

54. Defendants have failed to adequately evaluate

plaintiffs to determine whether they have special education needs

_ and how such special needs can be met. Defendants also have

, failed to develop appropriate individualized education plans for
6
7 plaintiffs who require special education. For example, plaintiff o P.M. has a stuttering problem and plaintiff M.G. has speech and
language disorders and has been determined to be seriously

emotionally disturbed. Despite knowledge of the handicapping
conditions, defendants have failed to provide plaintiffs with an 11
educational program which addresses these special needs. 12
55. Defendants have failed to hire, adequately train and 13
supervise sufficient numbers of qualified personnel to meet the 14
special education and releited needs of juveniles confined at CMJI. 15
For example, there currently are no special education classes at 16
CMJI because the special education teacher position is vacant. 17
This vacancy has existed since at least January 1988. As a 18
result, juveniles at CMJI who are eligible for and/or in need of 19
special education services are not assigned to special education 20
classes or otherwise provided special education or related 21
services. 22
57. Contrary to the mandates of 20 U.S.C. Section 1415 23
(b)(1)(B), and regulations promulgated thereunder, specifically 34 24
C.F.R. 300.514, defendants have failed to recruit, t r a m or assign 25
"surrogate parents" to juveniles confined at CMJI who are eligible 26
for and/or in need of special education services. 27
58. Defendants C. DIANE BISHOP, the ARIZONA BOARD OF 28
14

EDUCATION, CAROL MOORE, and SAM LEWIS have failed to adequately

monitor CMJI to insure that all eligible handicapped juveniles

confined at the institution are identified, evaluated, and

provided appropriate and necessary special education and related 4
services in a manner that complies with the requirements of

federal and state statutes and regulations.

59. Defendants have failed to provide an educational

program for plaintiffs which complies with the requirements of 8

Arizona law. 9

IV.

REHABILITATIVE CARE AND TREATMENT

10

60. Defendants have failed to provide rehabilitative

11 services and treatment to plaintiffs in the least restrictive

12 environment appropriate to their needs.

13 V.

INAPPROPRIATE PLACEMENT, EVALUATION, AND CLASSIFICATION

14

61. Defendants have failed to design and implement an

15 appropriate classification system for plaintiffs. As a result,

16 plaintiffs are arbitrarily confined in the institution, and

17 assigned to cottages within the institution, without regard to

18 their treatment needs.

19

62. Defendants have failed to adequately evaluate

20 plaintiffs as to their educational, vocational, psychological, and

21 treatment needs.

22

63. Defendants have failed to prepare adequate individual

23 treatment plans for plaintiffs.

24

64. Defendants have failed to evaluate plaintiffs in order

25 to determine whether CMJI is the least restrictive placement 26 appropriate to their needs. For example, plaintiff D.F. is 27 incarcerated at CMJI for running away from a group home and

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plaintiff P.M. is incarcerated at CMJI for a probation violation

„ involving loitering. Plaintiff B.L. is incarcerated at CMJI while

he is awaiting a hearing on a charge of joy riding.

65. Defendants have failed to develop and implement less

,. secure, community-based alternative placements for plaintiffs and

members of their class who are inappropriately confined at CMJI.

VI.

VISITATION. CORRESPONDENCE, AND ACCESS TO COUNSEL

66. Defendants have prohibited and otherwise restricted 8
contact between plaintiffs and members of their families. For

10 example, defendants permit plaintiffs in solitary confinement and

11 punitive segregation to visit only with their parents and only for

12 one-half hour on Saturday, and one-half hour on Sunday.

13 Defendants also restrict and prohibit plaintiffs from talking with

14 parents and other family members by telephone. For example,

defendants denied plaintiff JOHNSON the opportunity to visit with 15

his father or to receive telephone calls from his father for three 16

months. 17

67. Defendants have unlawfully confiscated, read, and 18

withheld plaintiffs' legal documents and communications with their 19

attorneys. For example, defendants searched plaintiff JOHNSON'S 20

cell and confiscated, read, and withheld his legal papers and 21

correspondence despite his objections and repeated requests that 22

they be returned. 23

VII 24

PAROLE REVOCATION

68. Defendants have knowingly and deliberately failed to 25

establish parole revocation procedures which are adequate to 26

protect the rights of plaintiffs and the class they represent. 27

69. Defendants have subjected plaintiffs to parole 28

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revocation procedures which violate their rights guaranteed by the

„ United States Constitution and the Arizona Constitution.

B.

FACTS IN SUPPORT OF PLAINTIFF MATTHEW DAVEY JOHNSON'S

CLAIMS FOR DAMAGES AGAINST DEFENDANT UPCHURCH 4
70. As a direct and proximate result of the failure of

defendant UPCHURCH to properly train and supervise volunteer 6
counselors at CMJI, on August 4, 1986, plaintiff JOHNSON was

summarily handcuffed and confined in a solitary confinement cell 6
in Yucca Cottage. This cell was approximately 9' x 9' and of

10 concrete block construction with a bare cement floor and a heavy
11 barred door. A heavy metal bed frame stationed on metal legs and
an uncovered, institutional-style toilet and sink were the only
12
furnishings in the cell. The cell was not maintained at an
13
appropriate, and comfortable temperature, it was not adequately
14
lighted, and it was not clean.
15
71. As a direct and proximate result of the failure of
16
defendant UPCHURCH to establish an adequate hearing procedure and
17
other safeguards, plaintiff JOHNSON was denied the opportunity to
18
present testimony of witnesses who had first-hand knowledge of
19
events which led to his solitary confinement and to otherwise
20
present an adequate defense. On August 5, 1986, defendant
21
UPCHURCH approved five deiys solitary confinement for plaintiff
22
JOHNSON.
23
72. On August 9, 1986, after plaintiff JOHNSON had been in
24
solitary confinement for five days, defendant UPCHURCH ordered
25
that he remain in Yucca Cottage in punitive segregation
26
indefinitely on "motivational hold." Under this program,
27
plaintiff JOHNSON could be released from Yucca Cottage only at the
28

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discretion of defendant UPCHURCH. Defendant UPCHURCH kept

2 plaintiff JOHNSON in punitive segregation on "motivational hold' in Yucca Cottage for a period in excess of 50 days.

73. Defendant UPCHURCH did not provide plaintiff JOHNSON 4
with notice of an offense or violation of an institutional rule

before placing him in punitive segregation or provide him with a 6
hearing. Nor did defendant UPCHURCH advise plaintiff JOHNSON when

he would be released from punitive segregation or what he was 8
required to do to be released from punitive segregation.

10

74. Defendant UPCHURCH subjected plaintiff JOHNSON to

11 unnecessarily harsh and cruel practices, conditions, and

12 punishments while in punitive segregation. Defendant UPCHURCH

13 permitted plaintiff JOHNSON to leave his cell to shower, brush his

14 teeth, and comb his hair only every other day; he restricted his

visits with his father to one-half hour on Saturdays and Sundays; 15

he did not permit him to receive telephone calls from his father; 16

and he did not permit him to make telephone calls to his father. 17

75. Defendant UPCHURCH failed to provide plaintiff JOHNSON 18

with any educational program while he was in punitive segregation 19

and defendant UPCHURCH prohibited plaintiff JOHNSON from taking 20

his Graduate Equivalency Examination (GED) while he was in

21

punitive segregation.

22

76. Defendant UPCHURCH directed that plaintiff JOHNSON'S

23

legal papers be confiscated, read, and withheld.

24

C

FACTS IN SUPPORT OF PLAINTIFF M.G.'S CLAIMS FOR DAMAGES,

25 AGAINST DEFENDANTS HURTT AND KORFF

26 77. M.G. was first committed to the custody of the ADOC

27 for probation violation, running away, and indecent exposure on
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1 September 24, 1986 when he was 14 years old.

2

78. While M.G. was under the care, custody, and control of

3 the ADOC, he was confined at AMJI from September 26, 1986 to

October 29, 1986; at CMJI from October 29, 1986 to February 12, 4

1987; at CMJI from March 25, 1987 to August 8, 1987; at CMJI from 5

September 4, 1987 to December 9, 1987; at AMJI from December 9, 6

1987 to May 18, 1987; at CMJI from May 18, 1988 to June 7, 1988; 7

at Sonora Desert Hospital from June 7, 1988 to June 17, 1988; at 8
Arizona State Hospital from June 17, 1988 to July 8, 1988; at CMJI 9
from September 2, 1988 to March 2, 1989; at Jane Wayland 10
Residential Treatment Center from July 17, 1989 to August 28, 11
1989; at CMJI from August 28, 1989 to August 30, 1989; and at 12
Alamo Juvenile Institution from August 30, 1989 to December 22, 13
1989. 14
79. At the time M.G. was first committed to the custody of 15
the ADOC, Defendant CAROL MOORE HURTT knew or should have known 16
that M.G. was seriously emotionally handicapped and learning 17
disabled. Defendant CAROL MOORE HURTT failed to establish 18
policies, procedures and regulations within the ADOC to insure 19
that M.G. was properly evaluated and to insure that a treatment
20 plan was prepared and implemented which addressed his treatment
21 needs. Instead, Defendant CAROL MOORE HURTT approved the transfer
22 of M.G. to CMJI which she knew or should have known was unable to

23 adequately meet his treatment and educational needs.

24 80. Defendant CAROL MOORE HURTT knowingly and deliberately
25 failed to develop and implement regulations, rules, and policies
26 of the ADOC so as to insure that M.G. received treatment and
27 education appropriate to his needs. Defendant CAROL MOORE HURT
28

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knowingly and deliberately failed to employ, train, and supervise

staff to identify and address M.G.'s treatment and educational

needs.

81. Defendant CAROL MOORE HURTT knowingly and deliberately 4

failed to provide academic and special education programs for M.G.

which meet the reguirements of state and federal law.

82. As a direct and proximate result of Defendant CAROL

MOORE HURTT's failure to address M.G.'s treatment and educational

needs within the ADOC, or to place M.G. in an alternate program or

10 setting which could identify and address his treatment and educational needs, M. G.'s condition progressively deteriorated
11 while he was in the custody of ADOC.
12 83. As a direct and proximate result of Defendant THOMAS
13 KORFF's failure to develop and implement institutional policies,
14 rules, and regulations and as a direct and proximate result of
15 Defendant KORFF's failure to employ, train, and supervise staff to
16 provide care and supervision for M.G., CMJI staff under the direct
17 supervision and control of Defendant KORFF, and with his knowledge
18 and consent, repeatedly subjected M.G. to arbitrary and cruel
19 punishments, including placing him in handcuffs, belly-chains, and
20 four-point restraints and confining him in solitary confinement

21 for extended periods of time, as punishment for behavior which was

22 the result of his handicapping conditions.

23

84. As a direct and proximate result of Defendant THOMAS

24 KORFF's failure to address M.G.'s treatment and educational needs

25 while at CMJI, M. G.'s condition progressively deteriorated while

26 he was at CMJI.

27

85. Defendant THOMAS KORFF knowingly and deliberately

28

20

f

r

failed to provide academic and special education programs for M.G.
which meet the requirements of state and federal law.
8 6. At the direction of Defendants CAROL MOORE HURTT and
THOMAS KORFF, CMJI staff repeatedly subjected M.G. to cruel and 4
arbitrary punishments, including confining him in solitary
confinement for extended periods and placing him in handcuffs, 6
belly chains, and four-point restraints, as punishment for
behavior which was the result of his handicapping conditions. 8
87. In addition to failing to provide appropriate
10 treatment for M.G. while he was in their care and custody,
11 defendants CAROL MOORE HURTT and THOMAS KORFF obstructed efforts
12 to identify M.G.'s treatment needs by others acting on his behalf.
For example, defendants CAROL MOORE HURTT and THOMAS KORFF 13
attempted to prevent plaintiffs' expert consultant from evaluating 14
M.G. which resulted in delays in responding to M.G.'s treatment 15
needs. 16
88. Defendants CAROL MOORE HURTT and THOMAS KORFF knowingly 17
and deliberately failed to develop and implement an appropriate 18
release plan for M.G. Although they knew or should have known that 19
M.G. did not possess the social, academic, or vocational skills 20
necessary to function successfully in a non-institutional setting 21
and although they knew or should have known that M.G.'s home was 22
an inappropriate placement, defendants CAROL MOORE HURTT and 23
THOMAS KORFF nevertheless released M.G. on his eighteenth birthday 24
without transition funds or services.
25 89. Defendants CAROL MOORE HURTT and THOMAS KORFF
26 knowingly and deliberately failed to employ, train, and supervise
27 adequate staff at CMJI to protect M.G. from harm.
28
21

r
90. Defendants CAROL MOORE HURTT and THOMAS KORFF
knowingly and deliberately failed to establish parole services
which are adequate to protect the rights of M.G. Defendants CAROL
MOORE HURTT and KORFF subjected M.G. to parole revocation
procedures which they knew or should have known were violative of
his rights.
LEGAL CLAIMS 7
First Claim 8
91. Defendants' use of solitary confinement, punitive
10 segregation, handcuffs, and shackles as described herein violates
11 plaintiffs' rights guaranteed by the Eighth and Fourteenth Amendments to the United States Constitution and Article 2,
12
Section 15 of the Constitution of the State of Arizona.
13
Second Claim
14
92. Defendants' faiilure to provide adequate procedural
15
protections prior to the infliction of harsh and cruel punishments
16
as described herein, defendants' failure to protect plaintiffs
17
from harm while in state custody, and defendants' failure to
18
provide adequate and appropriate medical care, educational
19
programs, rehabilitative treatment, classification, evaluation,
20
and placement as described herein, violate plaintiffs' rights
21
guaranteed by the Fourteenth Amendment to the United States
22
Constitution and Article 2, Section 4 of the Constitution of the
23
State of Arizona.
24
Third Claim
25
93. Defendants' interference with plaintiffs' access to
26
counsel, the courts, and their families as described herein
27
violates plaintiffs' rights guaranteed by the First and Sixth
28
22

Amendments to the United States Constitution and Article 2, 1
Section 6 of the Constitution of the State of Arizona. 2
Fourth Claim 3
94. Defendants' failure to properly evaluate plaintiffs 4
for handicapping conditions and to provide special education 5
services as described herein, violates plaintiffs' rights 6
guaranteed by the Education for the Handicapped Act, 20 U.S.C. 7
Section 1401, et seq. 8
Fifth Claim 9
95. Defendants' failure to establish procedures which 10
adequately protect the rights of plaintiffs during parole 11
revocation proceedings violates plaintiffs' rights guaranteed by 12
the Fourteenth Amendments to the United States Constitutions. 13
NO ADEQUATE REMEDY AT LAW 14
95. AS a proximate result of the defendants' policies, 15
practices, acts and omissions complained of herein, and the 16
conditions and circumstances described above to which plaintiffs 17
are subjected, plaintiffs have suffered, do suffer, and will 18
continue to suffer immediate and irreparable injury. Plaintiffs 19
have no plain, adequate, or complete remedy at law to redress the 20
wrongs described herein. Plaintiffs will continue to be 21
irreparably injured by the policies, practices, acts and omissions 22
of defendants unless this Court grants the injunctive relief which
23 plaintiffs seek.
24
PRAYER FOR RELIEF
25 WHEREFORE, plaintiffs, on their own behalf and on behalf of
26 all others similarly situated, pray that this Court;
27 A. Assume jurisdiction of this action;
28
23

r

B. Award damages against defendant JAMES UPCHURCH in his

personal capacity to plaintiff MATTHEW DAVEY JOHNSON in an amount

3 which the Court deems proper;
C. Award damages against defendants CAROL MOORE HURTT and 4
THOMAS KORFF in their personal capacities to plaintiff M.G. in an 5
amount which the Court deems proper; 6
D. Issue a judgment pursuant to 2 8 U.S.C. Section 2 2 01 7
and 2202 and Rule 57 of the Federal Rules of Civil Procedure 8
declaring that by subjecting plaintiffs to the conditions of 9
confinement described herein defendants THOMAS KORFF, CAROL MOORE, 10
and SAMUEL LEWIS have violated plaintiffs' rights guaranteed by 11
the First, Sixth, Eighth, and Fourteenth Amendments to the United 12
States Constitution, the Arizona Constitution, the Education for 13
the Handicapped Act, 20 U.S.C. Section 1401 et seq., the 14
regulations promulgated thereunder, and Arizona statutes and 15
regulations. 16
E. Issue a judgment pursuant to 28 U.S.C. Section 2201 17
and 2202 and Rule 57 of the Federal Rules of Civil Procedure
18 declaring that by subjecting plaintiffs to the conditions and
19 practices described herein at paragraphs 53-58, defendant BISHOP
20 has violated plaintiffs' rights guaranteed by the Education for

21 the Handicapped Act, 20 U.S.C. Section 1401 et seq., regulations

22 promulgated thereunder, and Arizona statutes and regulations.

23

F. Issue preliminary and permanent injunctions enjoining

24 the defendants THOMAS KORFF, CAROL MOORE, and SAMUEL LEWIS, their

25 agents, employees, successors in office and assigns from engaging

26 in unconstitutional and unlawful acts and practices including, but

27 not limited to:

28

24

f

f

1) Subjecting plaintiffs to solitary confinement,

punitive segregation, handcuffs and shackles as punishment for

violations of institutional rules;

2) Failing to provide appropriate procedural 4
safeguards prior to punishing plaintiffs;

3) Confining plaintiffs in unsafe, unsanitary and 6
unhealthy facilities;

4) Interfering with plaintiffs' right of access to 8
counsel, the courts and their families;

5) Failing to provide plaintiffs with appropriate 10

medical, dental, and psychiatric care; 11

6) Failing to adequately screen and evaluate 12
plaintiffs to ensure that they are not inappropriately confined at 13

CMJI;

14 7) Failing to provide sufficient staff with

15

appropriate training, experience and supervision to insure

16

plaintiffs' safety and to provide plaintiffs with rehabilitative

17

treatment.

18

G. Issue preliminary and permanent injunctions enjoining

19

the defendants THOMAS KORFF, CAROL MOORE, SAMUEL LEWIS, C. DIANE

20

BISHOP, and the ARIZONA BOARD OF EDUCATION, their agents,

21

employees, successors in office and assigns from failing to

22

provide plaintiffs with appropriate and necessary educational

23

services, including special education and related services, in a

24

manner that does not comply with the requirements of federal and

25

state statutes and regulations.

26

H. Retain jurisdiction over defendants THOMAS KORFF,

27

CAROL MOORE, SAMUEL LEWIS, C. DIANE BISHOP, and the ARIZONA BOARD

28

25

f

(

, OF EDUCATION and each of them until such time as the Court is

„ satisfied that their unlawful policies, practices, acts, and

„ omissions complained of herein no longer exist and will not recur.

.

I. Award plaintiffs the costs of this proceeding,

attorneys' fees under 42 U.S.C. Section 1988, and such other and

6 further relief as to this Court seems just and proper.

DATED: April 9, 1990.

Respectfully submitted,

8

9

GRACE McILVAIN

MILLER & PITT, P.C.

10

111 South Church Avenue

Tucson, AZ 85701-1680

11

(602) 792-3836

12

13

"DAVID LAMBERT

14

NATIONAL CENTER FOR YOUTH LAW

1663 Mission St., Ste. 550

15

San Francisco, CA 94103

(415) 543-3307

16

Attorneys for Plaintiffs

17

18

19

20

21

22

23

24

25

26

27

28 26

f

(

Copy of the foregoing mailed this 9th day of April 1990 to:
Ronald A. Lebowitz, P.C. Louis A. Goodman Attorneys at Law 990 Southwest Financial Plaza 3101 North Central Avenue Phoenix, AZ 65012-2461

Faye/D. Bazemo 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

 
 Johnson v. Upchurch

FILED ' RECEIVED

LODGED COPY

MAY 1993'

JI-AZ-002-002

CLERK U S DISTRICT COUF

DISTRICT OF ARIZONA

1

IN THE UNITED STATES DISTRICT COURT BY

H

2

FOR THE DISTRICT OF ARIZONA

3

4 MATTHEW DAVEY JOHNSON, et al.,

5

Plaintiffs,

No. CIV 86-195 TUC RMB

6 vs
7
JAMES R. UPCHURCH, in his personal 8 | capacity, et al.

CONSENT DECREE

9 10
11 I.

Defendants. Introduction

12

1. This case was filed on April 6, 1986, on behalf of Matthew Davey Johnson, a

13

resident of Catalina Mountain Juvenile Institution (CMJI) near Tucson. (The

14
institution has since been renamed Catalina Mountain School.) The Complaint
15
alleged general civil rights violations stemming from Matthew Johnson's
16
confinement in a punishment cottage pursuant to the "Motivational Hold" pro-
17

18

gram. He alleged that he was being held in Yucca Cottage arbitrarily, in

19

violation of his constitutionail rights.

20

2. On June 27, 1986, this Court appointed counsel to represent the plaintiff, who

P
23

amended his Complaint and moved for preliminary relief. Soon thereafter, the parties reached an agreement whereby Matthew Johnson was released from Yucca Cottage and provided additional services.

3. On April 8, 1987, the Court granted plaintiffs motion to file a Fourth Amended

26

Complaint on behalf of seven residents of CMJI whose identities were not

\O 72 Rev.8/82)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

disclosed pursuant to the terms of a protective order. These plaintiffs alleged that officials responsible for the administration and operation of CMJI had failed to provide them with rehabilitative treatment, and had confined them under conditions amounting to punishment in violation of the Fourteenth Amendment. These plaintiffs also moved to proceed on behalf of a class of plaintiffs, and on July 29, 1987, the Court certified a class consisting of all residents of CMJI, then and in the future. 4. On May 26, 1988, the Court granted plaintiffs' motion to file a Fifth Amended Complaint. This complaint added as defendants the Arizona Board of Education and officials responsible for education at CMJI and alleged that special education programs did not meet the requirements of state and federal law. Plaintiffs sought a preliminary injunction requiring defendants to provide special education services at CMJI. 5. On June 10, 1988, with the agreement of the parties, the Court appointed Dr. Peter Leone, Professor of Special Education, University of Maryland, as special master for special education. On July 19, 1989, the Court denied without prejudice plaintiffs' motion for preliminary injunction as moot. 6. After observing educational programs at CMJI and Adobe Mountain Juvenile Institution (AMJI) near Phoenix, and conferring with state officials and institutional personnel, Dr. Leone filed a report with the Court on November 10, 1988, which identified deficiencies in the Department's institutional educational programs.

On April 27, 1990, the Court granted plaintiffs' motion to file a Sixth Amended

1

Complaint alleging that defendants' parole revocation procedures are arbitrary,

2

in violation of plaintiffs' rights guaranteed by the Fourteenth Amendment.

3

Plaintiffs' moved for summary judgment and on August 20, 1990, the Court

4 !

denied this motion on the grounds that there are genuine issues of material fact.

5 On May 17, 1989, Governor Rose Mofford advised the Court that the state was
6
moving toward a comprehensive reform of its juvenile justice system and, on 7

May 25, 1989, Governor Mofford signed an executive order recognizing a right

9

to treatment in the least restrictive environment consistent with public safety for

10

all youth in juvenile institutions operated by the state.

11
On September 22, 1989, the Governor signed an Executive Order establishing
12
a Select Commission on Juvenile Corrections to study the state's juvenile justice
13

14

system and recommend reforms. The Commission conducted research on state

15

and national programs for delinquent youth and consulted with juvenile justice

16

professionals. The Commission also held public hearings and heard testimony

17

from juvenile court judges, childrens' advocates, private providers, probation

18
officers, and others.
19
10. The Commission reported specific recommendations for reform to the Governor
20

21

on May 17, 1990. The Commission also recommended that the Governor

22

appoint a Task Force on Juvenile Corrections to implement its recommendations.

23

Governor Mofford signed an executive order on June 5, 1990, creating a Task

24

Force on Juvenile Corrections and the Court continued the trial to provide an

25

26

.O 72 ^ev.8/82)

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5 i
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II. 24 25 26

opportunity for the defendants to implement the recommendations of the Commission. On May 15, 1991, Governor Fife Symington signed an executive order extending the Task Force's term of operation. 11. On October 16, 1990, the parties reached agreement on individual claims for damages by Matthew Johnson and M. G., a named plaintiff and class representative. 12. On October 22, 1991, the Court awarded interim attorneys fees for plaintiffs and on June 28, 1992, the parties finally resolved all pending issues concerning attorneys fees. 13. THEREFORE, based upon the record herein, including the investigations and reports prepared by the parties' expert consultants; and based upon significant changes in policy by the Department since this action was filed; and based upon changes in direction and leadership within the Department, including changes in personnel administering the Department; and based upon the parties' interest in maintaining continued progress in the provision of a safe, humane, caring environment for children through the utilization of individualized care and treatment in the least restrictive environment; and based upon the acknowledgement that the interests of all parties to this action are best served by this Consent Decree, the parties hereby agree to the entry of this Consent Decree as the final judgement of the Court as to the merits of this action. Stipulations 1. As used in this Consent Decree:

AO 72 (Rev.8/82)

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2 ii 3 4 5
6 !
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8 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev 8/82)

A. AMS shall mean Adobe Mountain School; B. BCS shall mean Black Canyon School; C. CMS shall mean Catalina Mountain School; D. CMJI shall mean Catalina Mountain Juvenile Institution; E. Department shall mean the Department of Youth Treatment and
Rehabilitation; F. Departments shall mean the Department of Youth Treatment and
Rehabilitation and the Department of Education. G. Director shall mean the Director of the Department of Youth Treatment
and Rehabilitation; H. Secure treatment unit shall mean AMS, BCS, CMS and any future
institution operated by the Department pursuant to A.R.S. §41-2816.A. The Court has jurisdiction of this action under 28 U.S.C. §§1331 and 1343(3), and declaratory and injunctive relief are authorized pursuant to 28 U.S.C. §§2201 and 2202 and Rule 65 Fed. R. Civ. Pro. Nothing in this Consent Decree shall be construed to abrogate any substantive rights or procedural protections a child may now have or hereafter acquire under state or federal law. Counsel for the defendants, as signatories to this Consent Decree, are specifically authorized to bind each of the defendants, including the Arizona Department of Youth Treatment and Rehabilitation and the Arizona Board of Education, to the terms of this Consent Decree.

1 2 3 4 !:
s| !
6 |
7 j: 8
III. 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

5. This Consent Decree is binding on the successors in office of the individually named defendants and on any successor agencies of state government which assume all or part of the responsibilities of the Arizona Department of Youth Treatment and Rehabilitation or the Arizona Department of Education.
6. Nothing in this Consent Decree shall be construed as affecting or in any way abrogating the authority of a Superior Court Juvenile Judge to determine who is to be committed to the Department's custody.
Limitations on Institutional Populations 1. Least Restrictive Environment
A. The principle which shall guide the Department in its decisions regarding out-of-home placement of delinquent youth is that every youth committed to the custody of the Department has a right to receive individualized care and treatment in the least restrictive setting consistent with the youth's needs and the protection of the public. The presumption shall be that each youth's best interests are served by remaining in his or her home community with necessary services provided there, provided that the youth poses no undue risk to the community. The Department shall continue its efforts to develop and implement a plan to work with committing courts to increase community based services for youth not appropriate for secure care. (1) The Department shall conduct a diagnostic review for each youth

AO 72 (Rev.8/82)

1 2 3 4 5 I 6 7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev 8/82)

committed to its custody. The Department shall not place any youth into secure care after diagnostic review except youth who pose a threat to public safety, or who have engaged in a pattern of conduct characterized by persistent and delinquent offenses that, as demonstrated through the use of other alternatives, cannot be controlled in a less secure settings or who have had their conditional liberty revoked pursuant to the Arizona Revised Statutes. (2) The diagnostic review shall include a standardized, objective classification or risk assessment instrument as the basis for determining the appropriate level of restrictiveness. 2. Population Limitations A. The Department shall not average more than 110 youth confined in CMS each month, 240 youth in AMS each month, and 30 youth in the BCS residential program each month, unless additional physical facilities are constructed to house such youths in accordance with the standards set forth in paragraph 2(B). Quarterly population reports shall be furnished to the Court within ten days of the end of each quarter. B. The Department shall provide rooms for youth in its secure institutions and shall not utilize day rooms, hallways, dormitories or other common areas for sleeping. The Department shall confine no more than two youth in each room, except those existing rooms designed for 3 or 4
7

2
IV.
4 5 6 ! 7 8 9 10 11 12 13 14 15 16 17 18 19
20 21 22 23 24 25 26

youth. C. The Department shall not increase its total number of secure beds except
with the agreement of the Committee of Consultants. Continuum of Care 1. "Continuum of Care" shall refer to services provided after commitment to the
Department. 2. The Department shall develop and implement a continuum of care for youth
consistent with A.R.S. §41-2817. The continuum shall include residential and non-residential community-based programs designed to supervise and rehabilitate youth in the least restrictive environment consistent with public safety and the needs of the youth. A. Residential services in the continuum of care may include therapeutic
foster care, community-based chemical dependency programs, sheltercare, and supervised independent living programs. Non-residential services in the continuum may include home-based services, intensive case management, educational and vocational services, day-treatment programs, and substance abuse programs. B. The Department may both operate programs along the continuum of care and contract for the programs with private providers. The.goal of the Department is to involve the private sector in the provision of a complete array of treatment services. C. In order to assist in the development of the continuum of care, the

AO 72 (Rev.8/82)

Department shall assess the aggregate treatment needs of committed

1
il
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3 I
I
4 ii
5
6
7
8 i V.
9
10

youth together with then-existing community-based treatment services at least annually. The Department shall take all reasonable steps to provide or develop the treatment services identified by these assessments. D. Youth in the custody of the Department have the right to equal access to the full continuum of services regardless of their gender, ethnicity, country of origin, or race. Safe Institutional Environment 1. The Department shall ensure that its secure institutions comply with all applicable government health, fire and safety codes, and with the Arizona Fire

12 13 14 15 16 17 18 19
VI.
20 21 22 23 24 25

Code, and shall remedy all violations of applicable codes in a timely manner. 2. The Department shall undergo health and fire inspections at least annually. The
Department shall conduct safety inspections at least annually and may use public agencies or contract with qualified individuals for such inspections. 3. The Department shall prepare annual construction budgets reflecting planned expenditures for physical improvements necessary to meet the terms of this Consent Decree. Institutional Programs 1. The goal which shall guide the Department in the administration of its secure institutions is to provide a safe, humane, and caring environment for youth and access to needed services that will contribute to normal growth and development. The Department recognizes the importance of involving a youth's family

26

AO 72 (Rev 8/82)

1
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8 : I ]
9 I
10
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I
12 | 13
14 15 16 17 18 19
20 21 22 23 24 25 26
AO 72 (Rev.8/82)

in rehabilitative efforts and shall maintain program components and flexibility in visitation to encourage families to visit and participate in treatment. Within 30 days of arrival at a secure treatment unit, the Department shall develop an Individual Treatment Plan (or Individual Development Plan) for each youth initially committed to its custody and review the ITP (or IDP) for each youth returned on revocation of conditional liberty, in accordance with the requirements of A.R.S. §41-2815. The Department shall develop programs that address the individual treatment needs of youth committed to its custody, as evidenced by their ITP/IDP's. These programs shall provide rehabilitative services consistent with A.R.S. §412816 and shall include education, individual, group and family counseling, mental health services, recreation, vocational training, and transition and reintegration services. The Department shall also provide specialized programming for sex offenders, violent offenders, and substance abusers. The Department shall within eighteen months of the date of final approval of this Consent Decree fully implement and thereafter maintain the current treatment program (Keys to Innervisions) unless the Department develops an alternative program approved by the Committee that provides rehabilitative services appropriate to age, needs and abilities, as required by A.R.S. §41-2816. The Department shall coordinate and integrate all aspects of programming including the treatment and cottage life program, education, recreation, and the work program.
10

6. The Department shall develop a plan to evaluate the effectiveness of treatment

1 !i

programs through objective outcome measures selected by the Department and

i

2 I

approved by the Committee.

1

7. The Department shall employ at least one full-time certified psychologist at each

4 :

secure institution, and shall employ counselors, with at least a masters degree

i

s ii

in psychology or related field, as needed to perform assessments and assist with

6
counseling and group treatment programs.
7

8. The Department shall develop a program to use volunteers in its secure
8

9

institutions. The Department shall screen volunteers as needed for safety and

10

shall provide them with appropriate training and supervision.

i 1
12
13
VII.
14
15
16

9. The Department shall employ sufficient full-time chaplains at each institution to meet the spiritual needs of youths committed to its custody.
Medical, Dental, and Psychiatric Care 1. All health care staff in the Department's secure institutions shall have written
job descriptions and shall meet applicable state licensure and/or certification

17

requirements. A licensed physician shall continue to supervise health care staff

18

at the Department's secure Institutions. The supervising physician shall approve

19
standard written operating procedures for medical and health services including

20
consent, screening, physical examinations, medical history, immunizations,
21

22

pharmaceutical, detoxification, first aid, and preventive, emergency, routine,

23

chronic, convalescent and special care.

24

2. The Department shall provide for an initial health screening for youth promptly

25

26

11

AO 72 (Rev 8/82)

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev 8/82)

upon arrival at its secure institutions. The initial health screening shall include an assessment of the youth's current condition and health status. The Department shall develop written procedures for treating youth when the initial health screening indicates that they have a contagious illness or are intoxicated or experiencing withdrawal from alcohol or other drugs. 3. The Department shall provide for a health appraisal for youth not later than seven days after arrival at a secure institution, except for youth transferred intradepartmentally from one secure institution to another. The health appraisal shall include a review of the results of the health screening, a health history, and the recording of vital signs. The health appraisal shall also include laboratory and diagnostic tests and examinations as governed by written health policies and procedures developed at the direction of the supervising physician. 4. The Department shall provide for a dental screening for youth within seven days of admission to a secure institution and a dental examination within one month of admission. 5. The Department shall provide sick call at its secure institutions at least five days each week by the nursing staff. The Department shall ensure that a health care provider is on call 24 hours/day, 7 days/week for immediate access by nursing staff. The Department shall enter into written agreements with nearby hospitals to provide medical services which cannot be provided within its facilities, including 24 hour emergency medical care. 6. The Department shall take all reasonable steps to ensure the provision of
12

necessary treatment for diseases or medical conditions discovered or identified

1

during health screenings, health assessments, or sick calls. The Department shall

2 i1

take all reasonable steps to ensure the provision of dental treatment, not limited

ii

3

to extractions, when the health of the youth would otherwise be adversely

4
affected, as determined by the dentist.
5
7. Stimulants, tranquilizers, and psychopharmacological drugs shall continue to be
6 !

7

used only as deemed medically necessary and shall not be administered for pun-

8 !

ishment.

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12 |! 13 14 15 16

8. The Department shall recognize the physician-patient privilege and the principles of informed consent. However, nothing herein prohibits any Department official from access to a youth's medical records and information under appropriate circumstances.
9. The Department shall employ or contract with psychiatrists to treat and assist in treating youth with psychiatric disorders, including recommending transfers to mental health facilities, and to act as a resource for staff. A psychiatrist shall

17

be scheduled at CMS and BCS at least one day each week, and at AMS at least

18

two days each week.

19 VIII. Education
20
1. The Departments shall ensure timely, multidisciplinary assessments of youth
21
who are suspected of being in need of special education and related services in
22

23

accordance with applicable Arizona Statutes and the Individuals with Disabilities

24

Education Act (IDEA), 20 U.S.C. §§1400, et seq. This assessment shall:

25

26

13

AO 72 (Rev 8/82)

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AO 72 (Rev.8/82)

A. provide timely notice and meaningful involvement of parents or surrogate parents;
B. require that, to the extent possible, prior education records of youth be obtained, particularly those relating to evaluation and eligibility for special education services;
C. be conducted by a multidisciplinary team, including persons specified in the Arizona Department of Education regulations as well as appropriate members of the students' individual treatment team;
D. involve students in planning their educational programs; E. utilize, to the extent valid instruments are available, curriculum-
referenced assessments to assist in the placement of students eligible for special education services; F. include assessment of social skills and vocational interests of referred students; and G. provide transition planning that involves reviewing Individual Education Plan (IEP) goals and objectives and identifying appropriate communitybased placements for students. 2. The Departments further agree to maintain appropriate services for students eligible for special education and related services. Appropriate services shall include: A. a continuum of treatment options for students enrolled in special education;
14

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AO 72 (Rev.8/82)

B. implementation of a curriculum in basic skills, vocational skills, and life skills;
C. providing an appropriate mix of individual and group instruction for students enrolled in special education programs, based on the students' individual needs;
D. maintaining appropriate student/teacher ratios in all classes; E. coordinating students1 individualized education programs with regular
education programs and activities and their individual treatment plans; F. making instructional materials available in students' native languages,
when educationally appropriate to do so; G. providing bilingual instruction in accordance with A.R.S. §§15-751 -
756; H. ensuring that students receive a full day of instruction in accordance with
A.R.S. §15-901; I. providing education and vocational services for all eligible youth in
secure care; J. providing services that enable students to achieve the goals and
objectives specified in their individualized education programs. 3. The Department further agrees to provide ongoing support for. educational
programs generally and special education programs specifically. In providing this support, the Department agrees to: A. communicate to all staff a vision of the treatment and education model
15

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AO 72 (Rev.8/82)

for the institution; B. consult with education staff when decisions that directly relate to
education have to be made concerning educational resources, deployment of education staff, and levels of education service; C. maintain a commitment to providing quality special education services to all eligible students; D. develop a standardized system for monitoring pupil progress and a means of providing a school report card for the community; E. continue the process of developing long-range plans for the educational program, including developing a mission statement for the school and an operating philosophy; F. develop community-based liaisons that can identify and facilitate education and vocational placements for students in the community upon discharge; G. provide adequate opportunities for staff development that include instructional skills, behavior management, and transition of students into community settings; H. provide adequate instructional material and space for educational programs; I. make all reasonable efforts to provide adequate teaching salaries that reflect the twelve month school term, including using the expertise and support of the School Board authorized by Arizona Revised Statutes to
16

seek appropriate levels of support for education.

1 i

4. The Department shall achieve and maintain accreditation of its educational

2 li

program by the North Central Association of Colleges and Secondary Schools.

IX. Work Program

5 6 7 8 9 10 11 12 13
14 X.
15 16 17 18 19 20 21 22 23 24 25 26

1. The Department shall develop a work program which complies with A.R.S. §412822. Work programs for youth must be: A. reasonably related to groundskeeping, housekeeping or hygiene, or B. part of an approved vocational program, or C. performed for compensation under contract with a private firm pursuant to A.R.S. §41-2822 (E). D. implemented in a manner that does not interfere with the educational programs set forth in Section VIII.
Orientation/Youth Handbook 1. The Department shall provide each committed youth with a copy of a youth
handbook. The purpose of this handbook is to advise youth of their rights and inform them about the institutional program, applicable rules of conduct, and potential sanctions for violations of rules. The Department shall make the handbook available in Spanish. 2. The Department shall also provide an orientation for every committed youth. The orientation shall include information on the rights of youth in the institutional program, responsibilities of youth in secure confinement, rules of conduct, and potential sanctions.
17

AO 72 (Rev 8/82)

XI. Staff

1

1. The Department shall employ qualified casework, recreation, direct child-care,

j

i32 j

and other staff in sufficient numbers and with sufficient training. 2. A sufficient number of direct child-care workers means not less than 1 worker

4 !!

to 8 youth during the afternoon shift, and not less than 1 worker to 16 youth

5
during normal sleeping hours.
6
3. Qualifications for direct-care staff shall include, at a minimum, six months of
7
experience working with youth in organized activities or programs. Successful
8

9

completion of fifteen (15) semester hours of studies in social or behavioral

10

sciences applicable to a bachelors degree may substitute for the required

11 12 '!'! 13 14 15
16 XII.

experience. 4. The Department shall provide adequate training appropriate to the job
assignment for administrative staff, youth caseworkers, specialist employees, support staff, and part-time staff. Protection from Arbitrary Punishments

17

1. Exclusion

18

A. Exclusion is removal of a youth from regular programming or contact

19
with other youth by confinement in a locked room, except during normal
20
sleeping hours. The room may or may not be the youth's own room.
21
Exclusion may be used only for a "cooling off period, not for
22

23

punishment or the convenience of staff, and shall not exceed 2 hours.

24

Staff shall explain the reasons for exclusion and provide an opportunity

25

26

AO 72 (Rev.8/82)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

for the youth to explain his/her behavior. The Department's goal is to limit the use of exclusion and, when youth must be excluded, to limit the time in exclusion. Staff shall interact with youth in exclusion at least every 30 minutes to attempt to return the youth to the regular cottage program. 2. Separation A. Separation is confinement in a designated security unit to segregate youth from the general population. Separation is a serious and extreme measure which staff shall not impose unless necessary to protect the youth or others from imminent risk of injury, to prevent imminent and substantial destruction of property, to prevent imminent and substantial disruption of the facility, or where there are reasonable grounds to believe that a youth is a serious and continuing escape risk. It may not be imposed as punishment for infractions of institutional rules, or for the convenience of staff. The Department may separate a youth who requests separation and does not meet these criteria, but must release such youth upon request unless they meet these criteria. [Note: Medical isolation is not separation and is not governed by this section.] B. The Department shall designate Crisis Management Teams composed of staff specially trained in crisis intervention techniques. These teams shall attempt to avoid the use of separation by mediating conflicts involving youth. If less restrictive efforts to resolve conflicts are unsuccessful or
19

1
2 3 4
5 J
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

impractical, the Crisis Management Team may escort youth to separation. Youth may be admitted to separation with the approval of the responsible supervisor or responsible caseworker present at the youth's institution. Staff shall not routinely apply restraint devices to youth while escorting them to separation. C. When a youth is admitted to a separation unit, staff shall immediately develop an action plan to resolve the conflict so that the youth may return to the cottage program. The action plan shall include release criteria. The action plan shall also identify the behaviors which must be addressed for the youth to be released from separation and the way in which the Department will encourage these behaviors, including goals and timetables leading to release. Staff shall release youth from separation when they have met the release criteria as outlined in the action plan, and shall not impose by policy or practice minimum periods of time in separation for designated behaviors or offenses. Stable, cooperative behavior and meeting the release criteria indicate that separation is unnecessary. D. The Department shall not confine any youth in separation for longer than 24 hours without providing a hearing within 24 hours to determine whether continued separation is necessary to protect the youth or others from imminent risk of injury, to prevent imminent and substantial property damage, to prevent substantial disruption of the facility, or there
20

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

are reasonable grounds to believe that the youth is a serious and continuing escape risk. In making that determination, the hearing officer shall review the action plan for reasonableness and the youth's progress toward meeting the release criteria. The Department shall provide youth with written and verbal notification of its reasons for continued separation, and shall make available an advocate to assist the youth in presenting information at the hearing. The youth has a right to contact a parent or guardian, to speak on his own behalf or remain silent, to present evidence, and to question witnesses. The Department shall not confine a youth in separation longer than 24 hours unless an impartial hearing officer makes written findings supporting specific separation criteria based upon information presented at the hearing. The Department shall provide an opportunity for prompt review of the decision of the hearing officer and shall provide the youth with written notification of the outcome of the review and the reasons. The youth's caseworker shall review the action plans, and the youth's progress towards release, at least daily for all youth held in separation longer than 48 hours. The Deputy Director or designee must approve continued confinement of a youth daily after the fifth day. The Director, or in the Director's absence, the Deputy Director, must approve continued confinement daily after the tenth day. The size, furnishings, lighting, heat and ventilation of the separation
21

1 2 3 4 5 6 7 8 9
11 ii
12 i!
13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

rooms shall approximate the conditions in the regular living cottages. Absent a documented need to remove an item to protect a youth, the Department shall provide youth in separation with a bed, mattress, pillow, sheets, blankets, regular clothing, and reading materials. The Department shall also allow a youth in separation to send and receive mail, to visit with parents, guardians and attorneys, and to participate in educational and recreational programs, except in those unusual circumstances when doing so would jeopardize safety and security. G. The Department shall maintain a log which records the name of every youth confined in separation, the date and time of confinement, the reasons for confinement, including specific descriptions of the youth's behavior, the name of the individual who has approved separation, and the date and time of release. The signatures of the persons who have approved separation and its extension shall be maintained in the youth's security file. 3. Mechanical Restraints A. The use of restraint devices is an extreme and exceptional measure which shall be used only when a youth is out of control and other less restrictive means to bring the youth under control have failed. Members of the Crisis Management Team or other staff who are specially trained in the use of restraint devices and crisis intervention techniques may restrain a youth to protect the youth or others from imminent harm or to
22

L

1 2 3 4 5 | «!
ii
7 I!
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
A O 72 (Rev 8/82)

prevent substantial property damage. Staff shall remove the restraint devices when they are no longer necessary to protect the youth or others from imminent harm or to prevent substantial property damage. B. Staff must continuously observe youth in restraint devices and a licensed medical staff person must check the youth immediately after restraints are applied and at least every 30 minutes thereafter. A licensed psychologist must authorize the use of restraints after two hours, and a psychiatrist must authorize the use of continued restraints after three hours. C. Youth shall not be restrained to each other or to fixed objects, except that a youth's arms and legs may be secured to a bed frame with soft restraints if authorized by the psychologist or on-call Central Office Administrator. Staff may contact the psychologist or on-call Central Office Administrator for authorization immediately subsequent to restraining the youth, if the youth's behavior actively poses immediate physical harm to self or others. D. The Department shall maintain a log containing the names of each youth placed in restraint devices, the time the youth was restrained, the time the restraints were removed, a description of the events leading to the use of restraints, and the name of the individual who has approved restraints. The signatures of the persons approving the use of mechanical restraints and its extension shall be maintained in the youth's security file.
23

E. The Department shall not routinely restrain youth during transportation

1

to or from secure facilities, but may restrain youth during transportation

2

when staff have reasonable grounds to believe that use of restraint

3

devices is necessary to protect the safety of the youth or others. Youth

4
restrained during transportation may not be restrained to one another, but
5
are not subject to the other provisions of subsections A, B, C and D of
6

7

this section.

8 XIII. Parole Revocation

9

When the Department believes that a youth has violated a term of conditional

10

liberty, it may initiate revocation proceedings pursuant to A.R.S. §41-2819. The

11
Department may take a youth into custody pursuant to A.R.S. §41-2819 or may
12
serve the youth with a citation to appear at a probable cause hearing. The
13
Department shall inform any youth served with a warrant or citation of the
14

15

reasons for the initiation of the revocation proceedings and the youth's rights

16

related to the proceedings.

17

Within 72 hours of a youth's return to a secure facility, the Department shall

18
provide or ensure a hearing to determine whether there is probable cause to
19
believe that the youth has violated a term of conditional liberty and whether or
20
not the youth shall remain in a secure facility to assure attendance at a
21

22

revocation hearing and/or for community safety, or the safety of the youth.

23

The Department shall provide or ensure a hearing for youth within 10 business

24

days of detention to determine whether conditional liberty should be revoked.

25

26

24

AO 72 (Rev .8/82)

The Department shall provide specially trained, impartial hearing examiners,

1

acting under the direct supervision of an attorney, to hear parole revocations.

2

The Department shall make available an attorney, or an advocate acting under

3

the direct supervision of an attorney, to assist youth at parole revocation

4 hearings. Hearing examiners and advocates shall not be supervised by the same
5
attorney. Youth shall have a right to written notice of the charges, to remain 6

7

silent, to call witnesses, and to question adverse witnesses. The hearing

8

examiner shall make written findings of fact.

9 XIV. Implementation and Monitoring

10 11 i 12 13

1. The Department shall prepare a plan or plans within 90 days to implement this Consent Decree. The implementation plan(s) shall include a description of the tasks to be accomplished, personnel (individuals or job titles) responsible for the

14

tasks, and timetables for completion of the tasks.

15

2. A Committee of Consultants (Committee) composed of one person designated

16

by the plaintiffs, one person designated by the Department, and one person

17
jointly designated by the parties whose designation will be subject to Court
18
approval, shall review the adequacy of the plan(s) implementing all sections of
19
this Consent Decree and shall monitor for the Department's compliance with the
20

21

plan(s). The Committee shall also consult with the Department as requested and

22

mediate disputes between the parties concerning compliance. The Department

23

anticipates a cooperative relationship with the Committee.

24
3. The Committee shall inspect each of the Department's secure institutions at least
25

26 25

AO 72 (Rev .8/82)

1 2 i; 3 |
4 ii
5 6 7 8 9 10
11 II 12 j|
13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev.8/82)

every six months, but may inspect more often with the agreement of the Director, which shall not be unreasonably withheld, or to observe Departmental action in response to problems identified and acknowledged as problems by the Director. The Committee need not inspect every 6 months if the Committee and the parties agree that such inspections are not necessary. The Committee shall issue a written report within 30 days of any inspection describing the Department's progress in achieving compliance with this Consent Decree and its implementation plans. The Committee shall provide copies of its report to the Court and the parties. Any party may respond to any report filed by the Committee. Either party may raise questions of compliance with this Consent Decree with any member of the Committee and the Committee shall attempt to resolve the questions informally. If the Committee is unable to resolve the questions informally, either party may request that the Committee make formal findings of fact. Either party may respond to the Committee's findings of fact. The findings of the Committee shall be final and binding unless either party files objections with the Court within 30 days. The Court shall hear the matter de novo and the burden of persuasion shall be on the party filing the objections. The Departments shall provide copies of any existing documents or access to records, files and reports maintained by the Departments concerning youth that the Committee considers necessary to evaluate compliance. Members of the Committee may discuss matters related to this Consent Decree with any youth
26

confined by the Department or any employee. The Departments may designate

liaisons to respond to the requests of the Committee. The State of Arizona,

acting on behalf of the Departments, shall be responsible for the reasonable

expenses of the members of the Committee.

XV. Dismissal

1. This Consent Decree shall take effect on the date of its approval by the Court,

pursuant to Rule 23, Fed. R. Civ. Pro., and shall remain in effect for 4 years

i!

from that date. This case shall be dismissed with prejudice 4 years from that

9

date unless the parties agree to an extension or the plaintiffs object to dismissal

10

and the Court orders an extension. In the event the plaintiffs object to dismissal,

11 !
they shall designate the paragraph(s) of this Consent Decree they contend the
12
Department has breached. The parties shall exhaust the informal dispute
13

resolution mechanisms described in paragraph XIV(6) above before plaintiffs
14

15

move the Court for an extension, and the date of dismissal shall be extended

16

while such informal dispute resolution mechanisms are pending. The Court shall

17

extend this Consent Decree only as to the paragraph(s) for which the Court

18

determines that the Departments are not in compliance.

19

20 Dated: This
21

day of

22

23

Richard M. Bilby

24

United States District Judge

25

26

27

AO 72 (Rev 8/82)

Approved:
1 2 3
David Lambert 4 National Center for Youth Law
Counsel for Plaintiffs
5 6 7
8 Grace Mcllvain Miller, Pitt & McAnally, P.C.
9 Counsel for Plaintiffs
10 11
12
13 14 15 16 17 18 19 20 21 22 23 24 25 26
AO 72 (Rev 8/82)

Louis !A. Goodr Ronald A. Lebowitz, P. C. Counsel for Defendants
TO Ronald A.
Ronald A. Lebowitz, Counsel for Defendants
28

 
 Johnson v. Upchurch

1 JI-AZ-002-003

APR 1

n

^:J^V-'1-

2

IN THE UNITED STATES DISTRICT C O U K J

3

FOR THE DISTRICT OF ARIZONA

4

5 MATTHEW DAVEY JOHNSON, et al.,
6 Plaintiff,
7 vs.
8 JAMES R. UPCHURCH, et al.,
9 Defendants.
10

NO. CIV 86-195 TUC RMB

11

12 ORDER RE: CONSENT DECREE POPULATION LIMITATIONS
13

14

On May 6,1993, the Court approved a Consent Decree which placed population 15

limitations on the number of youths who could be confined at the Arizona Department 16

of Juvenile Corrections ("ADJC"). Specifically, the Consent Decree provided in 17

relevant part: 18

The Department shall not average more than 110 youth at CMS each

19

month, 240 youth at AMS each month, and 30 youth in the BCS

residential program each month, unless additional physical facilities are

20

constructed to house such youtns in accordance with the standards set

forth in paragraph 2{B).

21

See Consent Decree, IIL2.A. at 7. The Decree further requires that ADJC obtain the 22

consent of the Committee of Consultants before increasing the total number of secure 23

beds. Id., III.2.C. at 8. 24

At no time has ADJC been in compliance with the Consent Decree population 25

limitations. 26

Subsequent to the Decree, A.R.S. § 8-241 was enacted. That statute confers upon

the juvenile courts the authority to not only commit youth to the Department, but to

•\

also designate minimum lengths of stay in secure confinement. A.R.S. § 8-241 in effect,

eliminates the discretion previously held by the Department to regulate its population.

To address an increasing population, ADJC sought the approval of the

Committee of Consultants and the Court to increase the number of its secure

residential beds. Based on the recommendations from the Committee of Consultants,

the Court authorized increasing the capacity of AMS from 240 to 312 beds and BCS

7 from 30 residential beds to 120 beds. See Order of November 27, 1995. Approval was

also given for new construction: a 24-bed boot camp and two 24-bed cottages, subject

to design approval and meeting Consent Decree standards. Id. That Order

10 immediately increased the bed capacity at the three institutions to 542 with an

11 additional 72 beds made available upon completion. Despite this increased capacity,

12 demographic factors and significant changes in Arizona law have prevented ADJC from

13 satisfying the population limits.

14

The Committee of Consultants submitted their Fifth Semi-Annual Report on the

15 Implementation of the Consent Decree (the "Report") on January 30, 1996. The

16 Report found that ADJC was violating the population limits by 51 youths. The

17 Report recommended that ADJC be held accountable to the Consent Decree

18 population provisions.

19

At hearing held February 9. 1996, ADJC assured the Court that by applying a

20 variety of program options, it would be at, or under, the population caps within 60

21 days. Based on those assurances, the Court ordered:

22

that Director Eugene Moore and the Arizona Department of Juvenile

Corrections shall be in compliance with the Consent Decree on or before

23

5:00 P.M., APRIL 9, 1996. Director Moore shall submit a compliance

report to the Court

If this report does not satisfy the Court, the

24

Court shall issue an Order at 5:01 PJvl., April 9, 1996 which will ensure

DJC complies with the terms of the Consent Decree.

25

See Order of February 21, 1996.

26

The Department asserts today that it made its assurances to the Court on

27

28

February 9, 1996 based on juvenile court commitment practices during the period of

October 1995 through December 1995. Unanticipated at the time, was.that the number

of youth committed to ADJC with determinate lengths of stay would increase by

14.5%. According to ADJC, despite the Administrative Office of the Courts' promise

that the juvenile courts would endeavor to limit commitments to those youths who

satisfy the commitment guidelines, this has not occurred. Instead, since February 9,

1996, the secure care population has exceeded the requirements set by the Consent

Decree by an average of 78 youths. As of April 9, 1996, ADJC's secure population

exceeded the capacity by 72 youth.

10

As required by the Court's February 9, 1996 Order, Defendants submitted on

11 March 20, 1996 their Plan for Complying with the population requirements of the

12 Decree. After reviewing the Plan, the Court finds: (1) the Plan gives no estimate as to

13 the projected population reductions which would occur as a result of the proposed

14 programs; (2) the overcrowding has actually increased since the Court's February 9,

15 1996 Order; and (3) Defendants' proposal that the capacity of Adobe Mountain School

16 be temporarily increased until the new construction at Black Canyon School is

17 completed is contrary to Decree requirements. Accordingly, the Court rejects

18 Defendants' Plan as inadequate and in violation of Decree requirements.

19

This dilemma is the direct result of the Department's ongoing failure to provide

20 adequate physical facilities and personnel to staff those facilities. The juvenile judges

21 of this State have been forced into an untenable position: Do they commit youths to

22 overcrowded state institutions, keep them in overcrowded local institutions (if such

23 even exists), or release them back to the community? This was to be solved by the

24 State when it agreed to the Consent Decree. The State has defaulted on its agreement

25 and this Court has no recourse but to force Defendants to live up to their agreement.

26

27

28

•T

1

Having considered these issues, relevant documents, ADJC March 20, 1996

2 Population Plan, the Committee of Consultants' recommendations, and good cause

3 appearing therefor,

4

IT IS ORDERED that:

5

(1) The Arizona Department of Juvenile Corrections is in violation of

6 Paragraph III.2.A. of the Consent Decree;

7

(2) ADJC is hereby enjoined as of this date from accepting any youth in

8 excess of 110 at Catalina Mountain School; 312 at Adobe Mountain School and 120 at

9 Black Canyon School;

10

(3) Those youth received by the Department must meet one of the criteria

11 set forth in the Consent Decree at Section III.l.A.(l).

12

(4) Each youth in the custody of ADJC shall be provided equal access to the

13 full continuum of services offered by ADJC as prescribed by Section IV.2.D. of the

14 Consent Decree;

15

(5) Nothing herein alters or amends this Court's November 27, 1996 Order

16 provided that the yet-to-be-constructed two 24-beds units and the 24-boot camp comply

17 with the full continuum of services;

18

(6) In the event that there is limited bed space for committed youth waiting

19 transportation to the physical custody of ADJC, it shall contact the respective juvenile

20 courts to give the committing courts the opportunity to meet and confer in order to

21 designate which committed youth shall be placed in ADJC's secure care. In the event

22 that the committing courts cannot agree among themselves within two working days,

23 the decision of which youth shall be placed in ADJC custody shall be made by the

24 Chief Justice of the Arizona Supreme Court or his designee;

25

(7) No youth for whom a revocation proceeding pursuant to A.R.S. § 41-2819

26 has been or will be instituted, shall be held in a secure facility operated by the ADJC

27

28

4

if such placement will exceed the population provisions approved by this Court;

(8) No youth who has been assigned to conditional liberty by ADJC who is

arrested for a new offense shall be placed in a secure facility operated by ADJC pending

a probable cause hearing;

(9) If, following a probable cause hearing, it is determined to prosecute on the

new offense(s) such youth will not be placed in a secure facility operated by ADJC

7 prior to sentencing;

8

(10) Nothing shall prohibit the Department from petitioning the Committee

of Consultants for additional beds in accordance with the Consent Decree;

10

(11) ADJC shall continue to submit reports to the Committee of Consultants

11 in accordance with the Court's February 21, 1996 Order;

12

(12) If ADJC is not in compliance with this Order by 5:00 P.M., May 9, 1996,

13 Defendants shall be held in contempt of court. 14 15 DATED this J_ day of fTf/n I

^ 1996,

16

17

^•<3u^

Richard M. Bilby

19

United States District Judge

20

21

22

23

24

25

26

27

28

 
 CM/ECF - azd - Docket Report

Page 1 of 49

CMX, DEATH, TERMED
U.S. District Court DISTRICT OF ARIZONA (Tucson Division) CIVIL DOCKET FOR CASE #: 4:86-cv-00195-RHW

Johnson, et al v. State of AZ, et al Assigned to: Robert H Whaley Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff Matthew Davey Johnson

Date Filed: 04/08/1986 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by David Lee Lambert National Ctr for Youth Law 405 14th St 15th Floor Oakland, CA 94612-2701 (510)835-8099 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Grace McIlvain Haralson Miller Pitt & McAnally PC 1 S Church Ave Ste 900 Tucson, AZ 85701-1620 (520)792-3836 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard M Pearl Law Offices of Richard M Pearl 1816 5th St Berkeley, CA 94710 (510)649-0810 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Demchak Goldstein Demchak Baller Borgen & Dardarian 300 Lakeside Dr Ste 1000 Oakland, CA 94612 (510)763-9800 TERMINATED: 09/07/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?267311263469535-L_923_0-1

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CM/ECF - azd - Docket Report
V. Defendant Arizona, State of TERMINATED: 04/08/1987
Defendant James R Upchurch in his personal capacity

Page 2 of 49
represented by Richard Albrecht Office of the Attorney General Liability Management Section 1275 W Washington Phoenix, AZ 85007-2997 602-542-7675 Fax: 602-542-3393 Email: rick.albrecht@azag.gov TERMINATED: 04/08/1987 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald A Lebowitz Maricopa County Sheriffs Office 100 W Washington Ste 1900 Phoenix, AZ 85003-0001 (602)256-1614 TERMINATED: 04/08/1987 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke Office of the Attorney General Liability Management Section 1275 W Washington Phoenix, AZ 85007-2997 (602)542-4951 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman Hammond & Tobler PC 1212 E Osborn Phoenix, AZ 85014-2639 (602)266-2224 TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Albrecht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.azd.uscourts.gov/cgi-bin/DktRpt.pl?267311263469535-L_923_0-1

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CM/ECF - azd - Docket Report

Page 3 of 49

Defendant Samuel A Lewis in his official capacity as Director of the Arizona Department of Corrections
Defendant Carol Moore in her official capacity as Director of Juvenile Services for the Arizona Department of Corrections

Ronald A Lebowitz (See above for address) TERMINATED: 05/05/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis Office of the Attorney General 1275 W Washington Phoenix, AZ 85007-2926 (602)542-5025 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman (See above for address) TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Albrecht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald A Lebowitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman (See above for address)

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CM/ECF - azd - Docket Report

Page 4 of 49

Defendant Gene Moore in his official capacity as Acting Superintendent of Catalina Mountain Juvenile Institution TERMINATED: 05/27/1988
V. Intervenor Defendant John Fife Symington, III Governor

TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard Albrecht (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald A Lebowitz (See above for address) TERMINATED: 05/05/1997 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard Albrecht (See above for address) TERMINATED: 05/27/1988 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald A Lebowitz (See above for address) TERMINATED: 05/27/1988 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew Peyton Thomas Office of the Governor 1700 W Washington Phoenix, AZ 85007 (602)542-7001 TERMINATED: 05/15/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Justin Cooper Cooper Carvin & Rosenthal 1500 K St NW Ste 200 Washington, DC 20005-1264

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CM/ECF - azd - Docket Report
Intervenor Defendant Arizona, State of Arizona Constitutional Defense Council, State of Arizona

Page 5 of 49
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Daniel Flores Office of the Governor 1700 W Washington Phoenix, AZ 85007 (602)542-7001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Tewksbury Hauser Gammage & Burnham PLC 2 N Central Ave 18th Floor Phoenix, AZ 85004 602-256-4462 Fax: 602-256-4475 Email: lhauser@gblaw.com TERMINATED: 03/03/1933 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W Kirk Cooper Carvin & Rosenthal 1500 K St NW Ste 200 Washington, DC 20005-1264 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew Peyton Thomas (See above for address) TERMINATED: 05/15/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Justin Cooper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Daniel Flores (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Tewksbury Hauser (See above for address)

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Defendant Thomas Korff in his official capacity as Superintendent of Catalina Mountain Juvenile Institution
Defendant C Diane Bishop in her official capacity as Superintendent of Public Instruction for the Arizona Department of Education
Defendant Arizona Education, Board of

TERMINATED: 03/03/1933 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael W Kirk (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman (See above for address) TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman (See above for address) TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Dean Edward Brekke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Alan Goodman

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Date Filed 09/15/1986 09/15/1986 09/22/1986 09/23/1986
09/23/1986 09/24/1986
09/24/1986 09/24/1986 09/25/1986 09/25/1986 09/25/1986

(See above for address) TERMINATED: 01/29/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas John Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

7 Motion by Matthew Davey Johnson for temporary restraining order and order to show cause. (former emp) (Entered: 09/23/1986)

7 Motion by Matthew Davey Johnson for preliminary injunction (former emp) (Entered: 09/23/1986)

14 Motion by Matthew Davey Johnson for order to allow experts to inspect premises, exam or meet with plaintiff and review file. (former emp) (Entered: 09/23/1986)

17 ORDER for habeas corpus ad testificandum by Judge Richard M. Bilby that dft prdc pla Matt Johnson, Paul Perguson & Omar Shaheed for tstmny @ the hrng in this crt for 9/26/86 @ 9:00am.(cc:USM, Catalina Mt Sch, RMB) (former emp) (Entered: 09/25/1986)

18 Defendants' submission of crt ordered reports. (former emp) (Entered: 09/25/1986)

20 M/E: (RMB) Hrng held in re: appointmnt of Psychiatrist & Religious Counselor. ORDERED mtn is granted as to Dr. Flynn and denied without prej as to religous counselor. ORDERED Dr Flynn shall be allowed the following: (see order for further details) Dr Flynn's rprt shall b/fld w/the Court by 12:00 on 9/25/86. (cc:McIlvain, Albrecht, RMB) (former emp) (Entered: 09/25/1986)

19 Response by James R Upchurch, AZ to motion for preliminary injunction [7-1] (former emp) Modified on 10/01/1986 (Entered: 09/25/1986)

21 Defendant submission of crt ordered rprt Alayne Yates, M.D. (FILED UNDER SEAL) (former emp) Modified on 09/29/1986 (Entered: 09/25/1986)

Writ of Habeas Corpus issued (former emp) (Entered: 09/25/1986)

22 Pla submission of crt ordered report of Dr Todd Flynn, Psychologist. (FILED UNDER SEAL) (former emp) Modified on 09/29/1986 (Entered: 09/26/1986)

23 Reply memo by Matthew Davey Johnson to response to motion for preliminary injunction [7-1] (former emp) Modified on 10/01/1986 (Entered: 09/26/1986)

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09/25/1986 09/25/1986 09/25/1986 09/29/1986 09/29/1986
09/29/1986 09/30/1986 10/10/1986
10/14/1986 10/16/1986 11/10/1986 11/18/1986 11/18/1986 11/18/1986 11/26/1986

24 Dft submission of court ordered rprt by Dr. Philip Giles (FILED UNDER SEAL). (former emp) Modified on 09/29/1986 (Entered: 09/26/1986)
25 Notice of service by James R Upchurch, of rspns to rqst for prdctn of dcmnts. (former emp) (Entered: 09/26/1986)
26 Notice by James R Upchurch, of filing attachmnt to rspns to mtn for prlmnr injctn. (former emp) (Entered: 09/26/1986)
27 M/E: ORDERED the rpt sbmtd by Dr. Todd Flynn & Dr. Philip Giles be sealed. (cc:McIlvan, Albrecht, RMB) (former emp) (Entered: 09/29/1986)
M/E: hearing re motion for preliminary injunction [7-1] held on 9/26/86. John Davis Crt rptr. Crt hvng been advsd by cnsl that an agrmnt had been reached, ORDER the hrng for prlim injunc is recessed indefinitely sbjct to ntfctn of the crt by cnsl. Cnsl shall sbmt stip to the crt for rvw. (cc: McIlvain, Albrecht, RMB) (former emp) (Entered: 09/29/1986)
29 M/E: ORDERED the report of Alayne Yates, M.D. BE FLD UNDER SEAL. (former emp) (Entered: 09/29/1986)
LODGED: Interim Order re motion for preliminary injunction [7-1], motion for temporary restraining order and order to show cause. [7-1] (former emp) (Entered: 10/01/1986)
30 INTERIM ORDER-- Richard M. Bilby 1. Hrng on the mtn for OSC, for TRO, & for prlmnry inj is recessed indefinitely. A cntnuation of the hrng will be rescheduled upon the rqst of any prty. (see ordr for details re 215) 16. Nothing in this ordr shall be interpreted as a waiver or stlmnt of any of pla clms in this litigation. (cc:McIlvain, Albrecht, RMB) (former emp) (Entered: 10/14/1986)
31 Pla agreement of non-admission re offense for whc he was sent to Catalina Mountain Juvenile Institution. (former emp) (Entered: 10/14/1986)
32 Notice of service by Matthew Davey Johnson of rqst for prdctn of dcmnts. (former emp) (Entered: 10/17/1986)
33 Notice of service by James R Upchurch et al of rspns to rqst for prdctn of dcmnts. (former emp) (Entered: 11/10/1986)
34 Motion by plaintiff to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded cmplnt. (former emp) (Entered: 11/20/1986)
LODGED: Order re motion to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded cmplnt. [34-1] (former emp) (Entered: 11/20/1986)
LODGED: 2nd amnded complaint. (former emp) (Entered: 11/20/1986)
35 Response by defendants to motion to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded [34-1] (former emp)

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12/02/1986
12/02/1986 12/02/1986 12/15/1986 12/15/1986 12/16/1986 12/17/1986
01/08/1987
01/09/1987 01/21/1987 02/02/1987 02/02/1987 02/04/1987
02/17/1987 02/17/1987 02/17/1987 02/17/1987

(Entered: 11/28/1986)
36 Reply by plaintiff Matthew Davey Johnson to response to motion to add parties dft, to amnd the allegations of the cmplnt & to file a 2nd amnded cmplnt. [34-1] (former emp) (Entered: 12/03/1986)
36 Amendment of mtn, & prpsd 3rd amnded cmplnt. (former emp) (Entered: 12/03/1986)
LODGED: 3rd amnded cmplnt. (former emp) (Entered: 12/03/1986)
37 Application by plaintiff of non-resident attny to appear (former emp) (Entered: 12/17/1986)
LODGED: Order re motion of non-resident attny to appear [37-1] (former emp) (Entered: 12/17/1986)
38 Response by defendant to mtn to file 3rd amnded complaint. (former emp) (Entered: 12/17/1986)
39 Application for Limited Admissions and ORDER: by Judge Richard M. Bilby that David Lambert may appear and participate in this action as counsel for: Mathew Johnson. (cc: Albrecht McIlvain Lambert RMB) (former emp) (Entered: 12/18/1986)
40 M/E: granting motion amnd cmplnt. The 3rd amnded cmplnt is ordrd filed this date. FURTHER ORDRD all dscvry in this matter be cmpltd by 7/1/87 & the parties cmply w/ L/R 42c compliance deadline by 8/3/87 (cc: McIlvain Albrecht RMB) (former emp) (Entered: 01/09/1987)
41 Third Amended complaint. (former emp) (Entered: 01/09/1987)
42 Motion by defendant to dismiss 3rd amnd cmplnt (former emp) (Entered: 01/22/1987)
43 Stipulation re rspns to dft's mtn to dsms. (former emp) (Entered: 02/03/1987)
LODGED: Order re stipulation [43-1] (former emp) (Entered: 02/03/1987)
44 ORDER by Judge Richard M. Bilby granting stipulation [43-1],The pla shall hv until 2/16/87 to file Response to motion to dismiss 3rd amnd cmplnt [42-1(cc:McIlvain Lambert Albrecht RMB) (former emp) (Entered: 02/05/1987)
45 Motion by plaintiff to amend complaint (4th amnd) (former emp) (Entered: 02/18/1987)
LODGED: Fourth amended complaint (former emp) (Entered: 02/18/1987)
46 Motion by plaintiff to proceed in forma pauperis (former emp) (Entered: 02/18/1987)
LODGED: Order re motion to proceed in forma pauperis [46-1] (former

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02/17/1987 02/17/1987 02/17/1987 02/17/1987 02/17/1987 02/17/1987
02/18/1987 03/02/1987 03/04/1987
03/05/1987 03/05/1987 03/10/1987

emp) (Entered: 02/18/1987)
47 Motion by plaintiff Matthew Davey Johnson to certify class action (former emp) (Entered: 02/18/1987)
48 Memorandum by Matthew Davey Johnson in support of motion to certify class action [47-1] (former emp) (Entered: 02/18/1987)
49 Motion by plaintiff Matthew Davey Johnson for leave to proceed in pseudonym (former emp) (Entered: 02/18/1987)
LODGED: Order re motion for leave to proceed in pseudonym [49-1] (former emp) (Entered: 02/18/1987)
50 Response by plaintiff to motion to dismiss 3rd amnd cmplnt [42-1] (former emp) (Entered: 02/18/1987)
52 Notice of Hearing set motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] on 4:00 3/23/87, set motion for leave to proceed in pseudonym [49-1] on 4:00 3/23/87, set motion to certify class action [47-1] on 4:00 3/23/87, set motion to proceed in forma pauperis [46-1] on 4:00 3/23/87, set motion to amend complaint (4th amnd) [45-1] on 4:00 3/23/87, set motion to dismiss 3rd amnd cmplnt [42-1] on 4:00 3/23/87 (former emp) (Entered: 02/18/1987)
51 Motion by plaintiff for order reserving damages claim in the 4th amnd cmplnt. (former emp) (Entered: 02/18/1987)
53 Notice by Richard Albrecht, of association of attorney Ronald A Lebowitz (former emp) (Entered: 03/03/1987)
54 M/E: resetting motion to amend complaint (4th amnd) [45-1] to to 3:00 4/6/87, resetting motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] to 3:00 4/6/87, resetting motion to certify class action [47-1] to to 3:00 4/6/87, resetting motion to proceed in forma pauperis [46-1] to to 3:00 4/6/87, resetting motion for leave to proceed in pseudonym [49-1] to to 3:00 4/6/87, resetting motion to dismiss 3rd amnd cmplnt [42-1] to 3:00 4/6/87 (cc:McIlvain Lebowitz Albrecht Lambert RMB) (former emp) (Entered: 03/04/1987)
55 Joint mtn & stip for ext of time to rspnd to pls mtn to amnd cmplnt, etc. (former emp) (Entered: 03/09/1987)
LODGED: Order re stipulation [55-1] (former emp) (Entered: 03/09/1987)
56 ORDER by Judge Richard M. Bilby Based on the stip of the parties; grntng dfts an ext of time in whc to rspnd to pla mtn to amnd the cmplnt, mtn to certify the class, mtn to prcd in f/p, mtn to prcd in pseudonym & mtn to reserve the damage clms of pla Matthrew Davey Johnson. FURTHER ORDRD granting dft an ext of time in whc to rply to pla rspns to dft mtn to dismiss 3rd amnd cmplnt [42-1]. The rspns & rply of the Dfts shall be sbmtd by 3/11/87. The pla shall sbmt their rply by 3/18/87. (cc: Lambert McIlvain Lebowitz Albrecht RMB) (former emp)

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03/11/1987 03/11/1987 03/11/1987
03/11/1987 03/11/1987 03/11/1987 03/11/1987 03/11/1987 03/24/1987 03/24/1987 03/24/1987
03/27/1987 03/27/1987 03/27/1987 04/01/1987 04/01/1987 04/01/1987

(Entered: 03/10/1987)
57 Response by defendant to motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] (former emp) (Entered: 03/11/1987)
58 Memorandum in sprt by defendant of rspns to pla mtn to rsrv damages. (former emp) (Entered: 03/11/1987)
59 Response by defendant to motion for leave to proceed in pseudonym [491], and motion to proceed in forma pauperis [46-1 (former emp) (Entered: 03/11/1987)
60 Memorandum by defendant in sprt of rspns to pla mtn for lv to prcd in pseudonym & mtn to prcd IFP. (former emp) (Entered: 03/11/1987)
61 Opposition by defendant to motion to certify class action [47-1] (former emp) (Entered: 03/11/1987)
62 Memorandum in sprt of defendant opposition to motion for class certification. (former emp) (Entered: 03/11/1987)
63 Response by defendant to motion to amend complaint (4th amnd) [45-1] (former emp) (Entered: 03/11/1987)
64 Memorandum by defendant in suprt of opstn to pla mtn to amnd cmplnt. (former emp) (Entered: 03/11/1987)
65 Motion by plaintiff for protective order (former emp) (Entered: 03/25/1987)
LODGED: Order re motion for protective order [65-1] (former emp) (Entered: 03/25/1987)
66 Reply by plaintiff to response to motion to amend complaint (4th amnd) [45-1], motion to proceed in forma pauperis [46-1], motion to certify class action [47-1], motion for leave to proceed in pseudonym [49-1], motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] (former emp) (Entered: 03/25/1987)
67 Motion by plaintiff for order for entry upon land. (former emp) (Entered: 03/30/1987)
LODGED: Order re motion for order for entry upon land. [67-1] (former emp) (Entered: 03/30/1987)
68 Notice of service by plaintiff of 1st set of interrogs to dfts. (former emp) (Entered: 03/30/1987)
69 Opposition by defendant to motion for protective order [65-1] (former emp) (Entered: 04/02/1987)
70 Memorandum by defendant in support of opposition to pla mtn for protective ordr.[69-1] (former emp) (Entered: 04/02/1987)
71 Motion by defendant to strike pla mtn for prtctv ordr & for sanctions. (former emp) (Entered: 04/02/1987)

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04/01/1987 04/08/1987
04/08/1987 04/08/1987
04/13/1987 04/16/1987 04/16/1987 04/20/1987 04/23/1987 04/24/1987 04/27/1987 04/27/1987

72 Memorandum by defendant in support of motion to strike pla mtn for prtctv ordr & for sanctions. [71-1] (former emp) (Entered: 04/02/1987)
73 M/E: Hrng hld on pndg mtns. John Davis Crt rprtr. ORDRD granting motion for order reserving damages claim in the 4th amnd cmplnt. [51-1] Granting motion for leave to proceed in pseudonym [49-1] granting motion to amend complaint (4th amnd) [45-1] denying motion to dismiss 3rd amnd cmplnt w/out prej. [42-1] Denying motion for protective order [65-1] as to the acting Superintendant, Carol Moore, Jean Moore, Sam Lewis & gr to the extnt that the names of the "Class Members' shall not b/rvld to anyone w/out prior approval of the Crt. Dft shall file w/the Crt every 2 wks a rprt of the dscplnry actns taken or cntmpltd invlvng class members. Parties cmpl a list of class members, said list t/b fld w/the Crt UNDER SEAL. Taking under advisement the motion to proceed in forma pauperis [46-1] (see ordr for details). Taking under advisement the motion certify class action [47-1], taking under advisement the motion for order for entry upon land. [67-1] (cc: McIlvain Lambert Lebovitz RMB) (former emp) (Entered: 04/08/1987)
74 Fourth amnded complaint (former emp) (Entered: 04/08/1987)
75 M/E: Telephonc hrng hld re dscvry. John Davis Crt rprtr. ORDRD Dft's oral mtn for lv to release Class Member's names to DOC Employees Gail Parin & Michelle Ralston is granted. FURTHER ORDRD the oral mtn of dft for prdctn of the "Next Friend" tax rtrns is denied. (cc: McIlvain Lebowitz Lamber RMB) (former emp) (Entered: 04/08/1987)
76 Supplemental memo by plaintiff to motion to proceed in forma pauperis [46-1] (former emp) (Entered: 04/14/1987)
77 Document Sealed - Letter dated 4/15/87 frm atty Ronald A Lebowitz (former emp) (Entered: 04/16/1987)
78 Dfts' Supplemental response to plas' motion for class certification (former emp) (Entered: 04/17/1987)
79 Declaration of a named pla. Document Sealed (pursuant to Court Order) (former emp) (Entered: 04/21/1987)
80 Notice of service by plaintiff of rqst to permit entry upon land or other property. (former emp) (Entered: 04/24/1987)
81 Document Sealed (pursuant to Court Order) minute entry [73-1] BiWeekly rprt of dscplnry incidents . (former emp) (Entered: 04/27/1987)
82 Motion by defendant to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson for failure to state a claim upon whc relief can be granted & for lack of jurisdiction (former emp) (Entered: 04/28/1987)
83 Memorandum by defendant in support of motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson for failure to state a claim upon whc relief can be granted & for lack of jurisdiction [82-1] (former emp) (Entered: 04/28/1987)

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04/27/1987 04/27/1987 04/27/1987
04/27/1987 04/28/1987 04/28/1987 04/29/1987
04/30/1987 05/04/1987 05/04/1987 05/05/1987 05/05/1987
05/08/1987
05/11/1987

84 Motion by defendant for more definite stmnt pur to rls 12(e) & 23(d)(4). (former emp) (Entered: 04/28/1987)
85 Memorandum by defendant in support of motion for more definite stmnt pur to rls 12(e) & 23(d)(4). [84-1] (former emp) (Entered: 04/28/1987)
86 Notice of Hearing setting motion to dismiss claims of pla for lack of jurisdiction [82-1] on 1:30 6/22/87 , setting motion for more definite stmnt pur to rls 12(e) & 23(d)(4) [84-1] on 1:30 6/22/87 (former emp) (Entered: 04/28/1987)
87 Notice of service by plaintiff of 2nd set of interrogs & rqst for prdctn of dcmnts. (former emp) (Entered: 04/28/1987)
88 Stipulation re: identities of class members. (former emp) (Entered: 04/29/1987)
LODGED: Order re stipulation [88-1] (former emp) (Entered: 04/29/1987)
90 ORDER by Judge Richard M. Bilby granting stipulation [88-1] Cnsl for dfts may reveal the identities of class members to Captain Harlan Nelson, Chief of Security. FURTHER ORDRD Nelson be prvded a cpy of the Crt's ordr of 4/6/87, setting forth rstrctns imposed by the Crt in ordr to protect the identity of class members. (cc: Lambert McIlvain Lebovitz Albrecht RMB) (former emp) (Entered: 05/01/1987)
89 Notice of service by plaintiff of rqst for prdctn of dcmnts & interrogs. (former emp) (Entered: 05/01/1987)
91 Motion by defendant for dscvry & to extend time to comply w/LR 42c (former emp) (Entered: 05/05/1987)
92 Memorandum by defendant in support of motion for dscvry & to extend time to comply w/LR 42c [91-1] (former emp) (Entered: 05/05/1987)
93 Notice of service by defendant of rspnses to pla 1st set of interrogs. (former emp) (Entered: 05/06/1987)
94 M/E: IT IS ORDRD the hrng on the motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla for failure to state a claim upon whc relief can be granted & for lack of jurisdiction [82-1] & the motion for more definite stmnt pur to rls 12(e) & 23(d)(4) [84-1] is reset to 2:30 7/13/87. (cc: McIlvain Albrecht Lambert Lebowitz RMB) (former emp) (Entered: 05/06/1987)
95 M/E: granting motion for dscvry & to extend time to comply w/LR 42c [91-1] IT IS ORDRD dscvry & mtn ddl is extnded to 10/1/87; and cmplnc date for L/R 42c joint proposed PTO is extended to 11/2/87 (cc:RMB Lambert McIlvain Lebowitz Albrecht.) (former emp) (Entered: 05/11/1987)
96 Motion by plaintiff Matthew Davey Johnson to extend time to rply to dfts splmntl memo re class cert. (former emp) (Entered: 05/12/1987)

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05/11/1987 05/12/1987 05/12/1987
05/15/1987 05/18/1987 05/18/1987
05/21/1987 05/22/1987 05/27/1987 05/27/1987 05/27/1987 06/05/1987

LODGED: Order re motion to extend time to rply to dfts splmntl memo re class cert. [96-1] (former emp) (Entered: 05/12/1987)
97 Response by plaintiff Matthew Davey Johnson to motion to dismiss for failure to state a claim & for lack of jurisdiction [82-1],& to motion for more definite stmnt pur to rls 12(e) & 23(d)(4). [84-1] (former emp) (Entered: 05/13/1987)
98 ORDER by Judge Richard M. Bilby granting motion to extend time to rply to dfts splmntl memo re class cert. [96-1] Pla shall hv until 5/14/87 to file a rply to dfts' splmntl memo re class crtfctn & their rspns to dfts mtn for more definite stmnt & dfts' mtn to dsms. (cc: McIlvain Lambert Lebowitz Albrecht RMB) (former emp) (Entered: 05/13/1987)
99 M/E: Telephonic conf hld re dscvry 5/14/87. John Davis Crt rprtr. Pla cnsl will sbmt expert's social security #s to the Crt telephonically. (cc:McIlvain Lambert Lebowitz RMB Albercht) (former emp) (Entered: 05/15/1987)
100 Notice of service by defendant of rspnses to pla 3rd set of nonuniform interrogs. (former emp) (Entered: 05/18/1987)
101 M/E: The Crt, @ the rqst of cnsl has rvwd the rprts concerning security matters involving the pla experts. The rprts contain nothing whc wld indicate that either expert poses a security risk to the institution. (cc:McIlvain Lamber Lebowitz RMB Albrecht) (former emp) (Entered: 05/19/1987)
102 Dfts' rspns to plas' rply to motion for more definite stmnt and motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson (former emp) (Entered: 05/22/1987)
103 Notice of service by defendant of rspns to rqst for prdctn of dcmnts. (former emp) (Entered: 05/22/1987)
104 Notice of service by defendant Gene Moore, defendant Carol Moore, defendant Samuel Lewis, defendant James R Upchurch of nonuniform interrogatories to plaintiffs (first set). (former emp) (Entered: 05/29/1987)
105 Notice of service by defendant Gene Moore, defendant Carol Moore, defendant Samuel Lewis, defendant James R Upchurch of supplemental responses to plaintiffs first set of nonuniform interrogatories. (former emp) (Entered: 05/29/1987)
106 Notice of service by defendant Gene Moore, defendant Carol Moore, defendant Samuel Lewis, defendant James R Upchurch of responses to plaintiffs second set of interrogatories. (former emp) (Entered: 05/29/1987)
107 M/O: (RMB) IT IS ORDERED resetting hearing on motion to dismiss claims of pla P.M., D.F., O.S., & D.A., & clms for injnctv relief of pla Johnson for failure to state a claim upon whc relief can be granted & for lack of jurisdiction [82-1] to 3:00 p.m. on 7/27/87. (cc: Lambert, McIlvain, Lebowitz, Albrecht, RMB) (former emp) (Entered:

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06/08/1987 06/08/1987 06/10/1987
06/16/1987
06/18/1987 06/29/1987 07/02/1987 07/22/1987 07/27/1987 07/30/1987 07/30/1987 07/30/1987
07/30/1987

06/05/1987)
108 Motion by plaintiff for appearance of Teresa Demchak, Atty, San Francisco, CA (former emp) (Entered: 06/12/1987)
LODGED: Order re motion for appearance of Teresa Demchak, Atty, San Francisco, CA [108-1] (former emp) (Entered: 06/12/1987)
109 ORDER: by Judge Richard M. Bilby that Teresa Demchak may appear and participate in this action as counsel for: Grace McIlvain, attorney for plaintiff. (cc: McIlvain, Lambert/Demchak, Lebovitz, Albrecht, RMB) (former emp) (Entered: 06/12/1987)
110 M/E: (RMB) HEARING REGARDING DISCOVERY: (JOHN DAVIS, COURT REPORTER present): IT IS ORDERED that counsel for defendant shall in the event he is unavailable, designate associate counsel and notify opposing counsel of same. (cc: McIlvain, Lambert, Lebowitz, RMB, Albrecht) (former emp) (Entered: 06/17/1987)
111 Notice of service by plaintiff of fourth set of interrogatories and request for production of documents. (former emp) (Entered: 06/19/1987)
112 Notice of service by plaintiff of answers to deft's interrogatories. (former emp) (Entered: 06/30/1987)
113 Notice of service by defendant of supplemental response to pla second set of nonuniform interrogatories. (former emp) (Entered: 07/06/1987)
114 Plaintiff's memorandum of law regarding institutional tours by expert witnesses. (former emp) (Entered: 07/23/1987)
115 Response by Gene Moore, Carol Moore, Samuel Lewis, James R Upchurch to memorandum of law [114-1] (former emp) (Entered: 07/29/1987)
116 M/E:(RMB) ORD granting motion to proceed in forma pauperis [46-1] (cc:RMB, McIlvain, Lambert, Lebowotz, Demchok, Goodman) (former emp) Modified on 08/04/1987 (Entered: 08/03/1987)
117 ORDER by Judge Richard M. Bilby granting motion to certify class action [47-1] (see ord for directives), (cc: RMB, McIlvain, Lambert, Lebowitz, Goodman, Demchok,) (former emp) (Entered: 08/03/1987)
118 M/E: (RMB)John Davis, Ct rpt. TELEPHONIC CONF RE: DISC. heard 7/29/87. ORD dft shall submit a copy of several pages of the institutions disciplinary log to the court, UNDER SEAL. (cc:McIlvain, Lambert, Lebowitz, Demchok, Goodman, RMB) (former emp) Modified on 08/04/1987 (Entered: 08/03/1987)
119 M/E:(RMB) John Davis, Ct Rpt. HEARING . ORD mot to dism is denied; mot for more definite stmt is denied. Witness list shall be exchanged by parties, copy to the ct no later than 10/15/87. Fur directives to cnsl. discovery cutoff due 1/15/88 , L/R 42c compliance deadline due 2/6/88 , pretrial conference set for 10:00 on 3/7/88 (cc: RMB, McIlvain,

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07/31/1987 07/31/1987 08/07/1987 08/07/1987
08/07/1987 08/10/1987
08/12/1987 08/13/1987

Lambert, Lebowitz, Goodman, Demchak) (former emp) (Entered: 08/05/1987)
120 M/E: (RMB) John Davis, Ct Rpt. TELEPHONIC CONFERENCE of 7/30/87 IN RE: DISC. ORD Dr. Creson shall not interview the Educational Personnel. Dft submit objs to proposed ntc to class no later than 8/6/87 and shall submit a form of ord in re parent/ guardianship. (cc:McIlvain, Lambert, Lebowitz, Demchak, Goodman, RMB) (former emp) Modified on 08/05/1987 (Entered: 08/05/1987)
121 Notice of service by defendant of ans to plas' fourth set of interrogs and req for prod of docs. (former emp) (Entered: 08/05/1987)
122 Notice of service by plaintiff of fifth set of interrogs. (former emp) (Entered: 08/10/1987)
123 ORDER by Judge Richard M. Bilby for ltmd puposes of sending ntc of pending class act to parents or guardians in case 85-195; provisions generally imposed by A.R.S. 8-246(A) are waived in od for ct to determine whether said parents or guardians obj to class membrship. FUR ORD ltd ct-ord waiver in no way modifies the gen appl and enforcement of A.R.S. 8-246 w/respect to legal relationship between pla class mbrs, Supr Ct of St of Az and Az Dept of Corrections. (cc:RMB, McIlvain, Lebowitz, Ching, Lambert) (former emp) (Entered: 08/10/1987)
124 M/E:(RMB)J. Davis, Ct Rpt. TELEPHONIC HRG RE DISC. a telephonic conf call set for 8/11/87 at 4:30 re unresolved issues of class ntc. ORD lock-up sheets designated by plas for review shall be reviewed at the institution adn those docs necessary to be produced shall be clearly mkd in ord to reduce amt of costs incurred by dft. No obj to form of ord re class members, ord is signed and filed.(cc:McIlvain, Levowitz, Lambert, Ching) (former emp) (Entered: 08/10/1987)
125 Notice by plaintiff of taking deposition of Lee Sits, Rhonda Zwelling & Sandruel White on 8/31/87; David Cancio, Glenn Crabtree, Neil Wallick & Ricky Boyd on 9/1/85; Thomas Perkins, John Green & Ricardo Trujillo on 9/2/87; Diane Wigglesworth, Laurent Brolowski, & John Larkin on 9/3/87; Daniel Vanelli, Daniel Blake, Richard Brooks & Jennifer Sunshine on 9/4/87; Thomas Turos & Bill McPheron on 9/14/87; David Lawrence & Susan Voskuil on 9/15/87; Patricia Trainor & Mary Yates on 9/16/87; Dr Garritt Dangremond, Joella Schultz & Harlan Nelson on 10/5/87; Thomas Korff, Ricky Lewis & William Haro on 10/6/87; Person in charge of diagnostic intake at Adobe Mountain & Person in charge of parole/probation on 10/7/87, Carol Moore on 10/8/87 & Sam Lewis on 10/9/87 (former emp) (Entered: 08/12/1987)
127 ORDER by Judge Richard M. Bilby approving Ntc of pending class action. Copy of the mailing list shall be filed w/clk of the ct UNDER SEAL and shall not be opened w/o prior approval of the ct. (cc:RMB, Lambert, McIlvain, Lebowitz) (former emp) (Entered: 08/14/1987)
126 Notice of service by defendants of non-uniform interogs to plas(second

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08/17/1987
08/18/1987 08/20/1987 08/25/1987
08/25/1987
08/26/1987 08/28/1987 08/28/1987 09/01/1987 09/04/1987 09/14/1987 09/16/1987 09/18/1987 10/02/1987

set) & rule 34 reqs for prod. (former emp) (Entered: 08/13/1987)
128 ORDER by Judge Richard M. Bilby in connection with the mailing of the ntc ORDERED that pla's cnsl mail the ntc of class actn to ea of the juveniles and their parents and/or guardian in both the English and Spanish version. Crt interpreter will prepare the nec translation and furnish it to pla's cnsl (cc: Staff Interpreter, McIlvain, Lebowitz RMB) (former emp) (Entered: 08/18/1987)
129 Dfts' ANSWER TO FOURTH AMENDED COMPLAINT (former emp) (Entered: 08/19/1987)
130 Motion by defendant to sever (former emp) (Entered: 08/21/1987)
131 Notice by the Honorable RMB to all juveniles currently confined at Catalina Mountain Juvenile Institution and their parents or legal guardians of pending class action. (cc: McIlvain, Libowitz, Lambert, Albrecht, RMB) (former emp) (Entered: 08/26/1987)
131 (WRITTEN IN SPANISH) Notice by the Honorable RMB to all juveniles currently confined at Catalina Mountain Juvenile Institution and their parents or legal guardians of pending class action. (cc: McIlvain, Lebowitz, Lambert, Albrecht, RMB) (former emp) (Entered: 08/26/1987)
132 Deft's ntc of hearing on deft's motion to sever claims of pla Johnson from class action claims, set for 10/26/87 at 1:30 pm. (former emp) (Entered: 08/28/1987)
133 Notice of service by defendant of second supplemental response to pla first set of nonuniform interrogatories. (former emp) (Entered: 08/31/1987)
134 Notice of service by plaintiff of xth set of interrogatories and request for production of documents. (former emp) (Entered: 08/31/1987)
135 Response by plaintiff to motion to sever [130-1] (former emp) (Entered: 09/02/1987)
136 Declaration by plaintiff re mailing of class action in English and Spanish. (former emp) (Entered: 09/04/1987)
137 Notice of service by defendant of nonuniform interrogatories to class members (first set). (former emp) (Entered: 09/15/1987)
138 Notice of service by defendant of answers to pla fifth set of interrogatories and request for production of documents. (former emp) (Entered: 09/16/1987)
139 Notice of service by plaintiff of answers to defendants' 2nd set of interrogatories and request for production. (former emp) (Entered: 09/22/1987)
140 M/E: (RMB) Telephonic cnf held on 10/2/87 -crt rptr John DavisORDERED that discovery deadlines will be reviewed/reset at the 1026/87 hrg set for mtn to sever. FUR ORDERED that the institutional

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10/05/1987 10/05/1987 10/07/1987 10/07/1987 10/19/1987 10/20/1987 10/26/1987 10/26/1987
11/23/1987 11/30/1987 12/01/1987
12/04/1987 12/18/1987

files of the plas may be copied as per the flwg conditions (see m/e) (cc: McIwain Labert Lebowitz RMB) (former emp) (Entered: 10/05/1987)
141 Motion by plaintiff for protective order and sanctions and costs (former emp) (Entered: 10/08/1987)
142 Memorandum by plaintiff in support of motion for protective order and sanctions and costs [141-1] (former emp) (Entered: 10/08/1987)
143 Notice of service by defendant of ans to plas' sixth set of interrogs and req for prod of docs. (former emp) (Entered: 10/09/1987)
144 Notice of service by plaintiff of req for prod of docs and things (former emp) (Entered: 10/09/1987)
145 Response by defendant to motion for protective order and sanctions and costs [141-1] (former emp) (Entered: 10/21/1987)
146 Notice by plaintiff of taking depo of defendants on the following date(s): 10/27/87 (former emp) (Entered: 10/21/1987)
147 Reply by plaintiff to response to motion for protective order and sanctions and costs [141-1] (former emp) (Entered: 10/27/1987)
148 M/E: (Debbie Kahn, court reporter present) IT IS ORDERED that mtn to sever is denied; it is further ordered that mtn for protective order is denied without prejudice; it is ordered that deft prepare a set of contention interrogatories to be served upon the class (see m/e for further details; trial is set for 10/11/88 at 9:00 am; it is further ordered that parties submit a joint proposed discovery schedule by 12/1/87; and pretrial conference date of 3/7/88 is vacated. trial set for 9:00 on 10/11/88 , (cc: McIlvain, Lambert/Dendak, Labovitz/Goodman, RMB) (former emp) (Entered: 10/28/1987)
149 M/E (dated 11/20/87) IT IS ORDERED that mtn for entry upon land is moot. (cc: McIlvain, Lambert, Lebowitz, Ching, RMB) (former emp) (Entered: 11/24/1987)
150 Notice by plaintiff of taking depo of defendants on the following date(s): 12/14/87 (former emp) (Entered: 12/01/1987)
151 M/E: (dated 11/27/87) JOHN DAVIS, court reporter present; TELEPHONIC CONFERENCE RE QUESTIONNAIRE ORALLY REQUESTED BY COUNSEL: Counsel to submit within 5 days the infor on Capt. Nelson for in camera inspection; counsel to get together and submit a cover letter within a week and if counsel cannot agree on said cover letter the court will draft one. (cc: McIlvain, Lambert/Demchak, Lebowitz, RMB) (former emp) (Entered: 12/02/1987)
152 Notice by plaintiff of taking depo of defendants on the following date(s): 12/4/87 (former emp) (Entered: 12/08/1987)
153 ORDER by Judge Richard M. Bilby that Captain Nelson's notes are found not to have been prepared in anticipation of litigation, and do not

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01/29/1988 02/05/1988 02/29/1988
03/04/1988
03/11/1988 04/11/1988 04/11/1988 04/11/1988 04/11/1988

fall within the workproduct exemption of the discovery rules. It is further ordered that copies of said documents be delivered to plaintiffs' counsel no later than 1/8/88. (cc: McIlvain Lambert Lebowitz Ching) (former emp) (Entered: 01/06/1988)
154 M/E: (RMB) John Davis, ct rpt. TELEPHONIC CONF RE: DISCDisclosure of educational docs. ORD pla may make copies of educational docs as disc, but shall not disclose these docs to anyone other than experts in this case.(cc: McIlvain, lambert, Lebowitz, RMB) (former emp) (Entered: 02/01/1988)
155 Notice by plaintiff of taking depo of CLYDE STARLIN, GLENN CRABREEE on 2/9/88 ; RICKEY LEWIS, SUSAN VALE on 2/10/88; BRUCE HARKREADER, RICARDO TRUJILLO on 2/22/88; DIANE WIGGLESWORTH, LAURENT BROLOWSKI on 2/12/88; JOHN LARKIN, DANIEL VANELLI on 2/16/88; LUCILLE STACY, JOELLA SCHULTZ on 2/17/88 (former emp) (Entered: 02/08/1988)
156 Notice by plaintiff of taking depo of Garritt Dangremond, 3/7/88; Diane Wigglesworth, 3/7/88; Philip Hamilton, 3/8/88; Tom Turos, 3/8/88; Jenni Sunshine, 3/9/88; mary Yates, 3/10/88; Susan Voskuil, 3/10/88; Patricia Trainor, 3/11/88; Art Glass, 3/17/88; Lt. Ernest Pallandini,3/17/88; Capt. Harlan Nelson, 3/18/88; David Lawrence, 3/21/88; Gene Moore, 3/22/88; James Upchurch, 3/23/88; Thomas Korff, 3/24/88; Intake Assessment People, 3/28/88; Carl Fos, 3/29/88; Carol Moore, 3/30/88; Sam Lewis on 3/31/88. (former emp) (Entered: 03/01/1988)
157 Notice by plaintiff of taking depos on the following dates of DIANE WIGGLESWORTH, ART GILL on 3/9/88; THOMAS TUROS on 3/10/88; JENNI SUNSHINE on 3/11/88; MARY YATES, MD, SUSAN VOSKUIL, PHD on 3/17/88, PATRICIA TRAINOR on 3/18/88; ART GLASS, Lt. ERNEST PALLANDINI on 3/21/88; CAPT. HARLAN NELSON on 3/22/88; DAVID LAWRENCE on 3/23/88; GENE MOORE on 3/24/88; JAMES UPCHURCH on 3/25/88; THOMAS KORFFon 3/28/88. (former emp) (Entered: 03/07/1988)
158 M/E: Telephonic Cnf: Cnsl initiated held on 3/11/88 - crt rptr Carol Post - ORDERED Pla is entitleld to inquire of the deponents of the past practices frm 1/1/82 to present only not the practices prior to 1/1/82 (cc: McIlvain, Llamert, Lebowitz/Goodman, RMB) (former emp) (Entered: 03/15/1988)
159 Motion by plaintiff Matthew Davey Johnson for preliminary injunction with sealed document attached to Court's copy. (former emp) (Entered: 04/11/1988)
159 Document Sealed (pursuant to Court Order) (former emp) (Entered: 04/11/1988)
160 Motion by plaintiff Matthew Davey Johnson to file fifth amended complaint (former emp) (Entered: 04/11/1988)
LODGED: FIFTH AMENDED COMPLAINT (former emp) Modified on

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04/11/1988 04/11/1988 04/15/1988 04/15/1988 04/15/1988 05/02/1988 05/02/1988 05/11/1988 05/12/1988 05/12/1988 05/12/1988 05/12/1988 05/17/1988 05/18/1988
05/18/1988

04/11/1988 (Entered: 04/11/1988)
161 Notice of Hearing on pla's mtn for leave to amend complaint and pla mtn for preliminary injunction set for 5/13/88 at 9:00 a.m. (former emp) (Entered: 04/11/1988)
162 Notice of service by plaintiff of request for production of documents and things. (former emp) (Entered: 04/11/1988)
163 Notice by plaintiff of taking depo of C. Diane Bishop on the following date(s): 4/26/88 (former emp) (Entered: 04/15/1988)
164 Notice by plaintiff of taking depo of Diane Petersen on the following date (s): 4/25/88 (former emp) (Entered: 04/15/1988)
165 Notice by plaintiff of taking depo of Ron Hecht on the following date(s): 4/25/88 (former emp) (Entered: 04/15/1988)
166 Response by defendant to motion to file fifth amended complaint [160-1] (former emp) (Entered: 05/03/1988)
167 Response by defendant to motion for preliminary injunction [159-1] (former emp) (Entered: 05/03/1988)
168 Document Sealed (pursuant to Court Order) in Courtroom Deputy's Filing Cabinet. (former emp) (Entered: 05/16/1988)
169 Defendants' proposal regarding special education matters. (former emp) (Entered: 05/16/1988)
170 Affidavit of Louis A. Goodman, attorney for defts, regarding mailing of class notice. (former emp) (Entered: 05/16/1988)
171 Defts' supplemental memorandum in response to plaintiffs' motion for preliminary injunction. (former emp) (Entered: 05/16/1988)
172 Reply by plaintiff to defts' response to plaintiff's motion for preliminary injunction [159-1] (former emp) (Entered: 05/16/1988)
173 M/E: Hrg re witnesses held on 5/12/88. John Davis reporting. Cnsl make statements to the Court. ORDERED, hrg cont'd to 5/13/88 at 9:00am. (cc: RMB) (former emp) (Entered: 05/18/1988)
174 M/E: (dated 5/13/88) JOHN DAVIS, court reporter present; HEARING ON MOTION FOR PRELIMINARY INJUNCTION: Witness sworn and examined; exhibits marked and admitted, ORDERED exhibits be sealed and made part of the record, FURTHER ORDERED that discovery cutoff due 12/15/88 , and L/R 42 compliance deadline due 5:00 on 1/16/89 , and , and pretrial conference 1:00 on 2/6/89 ; trial date of 10/11/88 is vacated and to be reset at pretrial conference. (cc: all counsel of record, RMB) (former emp) (Entered: 05/20/1988)
175 Exhibit list for hearing on motion for preliminary injunction held on 5/13/88. (former emp) (Entered: 05/20/1988)

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05/18/1988 05/18/1988 05/25/1988
05/26/1988 05/27/1988 05/27/1988 06/14/1988 06/23/1988 07/07/1988 07/07/1988 07/15/1988
07/20/1988 07/26/1988

176 Witness list for hearing on motion for preliminary injunction held on 5/13/88. (former emp) (Entered: 05/20/1988)
177 Document Sealed (pursuant to minute entry filed on 5/18/88) Exhibits submitted at hearing on motion for preliminary injunction held on 5/13/88. (former emp) (Entered: 05/20/1988)
179 Notice of service by defendants of responses to plas' 4th req for production of documents and things; plas' 5th req for production of documents and things; plas' 6th req for production of documents and things; 2nd supplemental responses to plas' 2nd set of interrogs. (former emp) (Entered: 05/31/1988)
178 Transcript of mtn for preliminary inju proceedings for dates of 5/13/88 (former emp) (Entered: 05/27/1988)
180 M/E: Dfts having no objection, ordered pla's motion for leave to file fifth amended complaint [160-1] is granted. The clk is directed to file the 5th amended complaint this date. (cc: McIlvain, Lambert, Demchak, Lebowitz, RMB) (former emp) (Entered: 05/31/1988)
181 AMENDED COMPLAINT; party Gene Moore deleted; parties Thomas Korff, C Diane Bishop, Az Bd of Education added. (former emp) (Entered: 05/31/1988)
182 ORDER by Judge Richard M. Bilby that court appoints Dr. Peter Leone as court's special master on special education and authorized to review all records of Catalina Mountain Juvenile Institution. (cc: McIlvain, Lebowitz, Lambert, RMB) (former emp) (Entered: 06/15/1988)
183 Transcript of proceedings for hearing on Motion for Preliminary Injunction held on 6/23/88. (former emp) (Entered: 06/24/1988)
184 Notice of service by defendant of response to plas' request for production of docus dated 6/28/88 (former emp) (Entered: 07/08/1988)
185 Notice of service by plaintiff of request for produ of docus (former emp) (Entered: 07/08/1988)
186 M/E: (dated 7/5/88) John Davis, court reporter present; ATTORNEY INITIATED TELEPHONIC CONFERENCE: RE DISCOVERY: ORDERED deft to submit to court, under seal, for in camera insepction, the letters of resignation written to CMJI by former employees; FURTHER ORDERED that deft produce to plaintiff assessmnt report and finalized report by Suicide Task Foce; deft produce written manual. (cc: all counsel of record, RMB) (former emp) (Entered: 07/18/1988)
187 M/E: (dated 7/19/88) IT IS ORDERED that plaintiffs' motion for preliminary injunction is denied without prejudice as moot. (cc: McIlvain, Lambert/Demchak, Albrecht, Lebowitz, RMB) (former emp) (Entered: 07/21/1988)
188 Affidavit of Louis A. Goodman regarding mailing of class notice. (former emp) (Entered: 07/27/1988)

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08/11/1988
09/02/1988 09/07/1988 09/13/1988 09/28/1988 09/28/1988 10/03/1988 10/06/1988 10/07/1988 10/07/1988
10/11/1988 10/18/1988 10/27/1988 10/28/1988

189 M/E: TELEPHONIC HEARING RE DISCOVERY: ATTORNEY INITIATED: ORDERED depnent, Cheryl Moore, is directed to answer the questions of plaintiff as to the specific conditions of treatment, practices and conditions at Catalina Mountain School and of implementations of the suicide task force recommendations. (cc: McIlvain, Lambert, Demhe, Goodman, Lebowitz, RMB) (former emp) (Entered: 08/12/1988)
190 Notice of service by defendant of disc requests (former emp) (Entered: 09/06/1988)
191 Notice of service by plaintiff of req for prod of docs. (former emp) (Entered: 09/08/1988)
192 Notice of service by defendants of disc requests. (former emp) (Entered: 09/17/1988)
193 Motion by plaintiff to prod of portions of Yucca Log and Pro Ord. (former emp) (Entered: 10/01/1988)
LODGED: Order re motion to prod of portions of Yucca Log and Pro Ord. [193-1] (former emp) (Entered: 10/01/1988)
194 M/E: (RMB)J.Davis, ct rpt. TELE CONF re: DISC. ORDERD plas may have expert at institution for purpose of review of plant.(cc: McIlvain, Lambert, Lebowitz,RMB) (former emp) (Entered: 10/04/1988)
195 Notice of service by plaintiff of interrogs and req for prod of docs. (former emp) (Entered: 10/07/1988)
196 Affidavit Louis A. Goodman re mailing of class ntc. (former emp) (Entered: 10/08/1988)
197 M/E: ORDERED that a hearing will be held at the Catalina Mountain Juvenile Institution on 11/10/88 @ 2:00 pm . Dr Peter Leone, crt-apptd spcl mstr will present the findings of his inquiry into spcl programming at the institution. Cnsl for ptys directed to be present, as well as rep of the Dept of Corr. If attys desire, they may invite appropriate mbrs of the Az Senate & House of Rep (cc: McIlvain Lambert/Demchak Leowitz RMB Albrechht) (former emp) (Entered: 10/11/1988)
198 Notice of service by defendant of contention interrogs upon plas (former emp) (Entered: 10/12/1988)
199 Response by defendant to motion to prod of portions of Yucca Log and Pro Ord. [193-1] (former emp) (Entered: 10/20/1988)
200 Reply by plaintiffs to response to motion to prod of portion of Yucca Log and Pro Ord. [193-1] (former emp) (Entered: 10/28/1988)
201 ORDER by Judge Richard M. Bilby granting motion to prod of portions of Yucca Log and Pro Ord. [193-1] FUR ORD confidentiality of logs be strictly maintained. Cpys for trial be sealed.(cc:McIlvain, Leobvitz, Lambert, RMB0 (former emp) (Entered: 11/01/1988)

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11/02/1988
11/14/1988
11/22/1988 11/25/1988
11/25/1988 11/25/1988 12/05/1988 12/12/1988 12/12/1988 12/12/1988 12/13/1988
01/04/1989 01/05/1989 01/11/1989 01/11/1989
01/12/1989 01/17/1989

202 M/E: (RMB) ORD that the hrg re 11/10/88 at 2:00 will be held in Judge Bilby's ctrm rather than at the Catalina Mt Juvenile inst.(cc: Lambert, McIlvain, Lebovitz, RMB) (former emp) (Entered: 11/03/1988)
203 Rpt of review of special education prgramming at Catalina Mtn Juv Inst submitted by Peter E. Leone, Ph.D, Special Master to the Ct as per me of 10/7/88. (former emp) (Entered: 11/15/1988)
204 Memorandum of p/a by plaintiff (former emp) (Entered: 11/23/1988)
205 M/E:(RMB)(11/22/88) Carol Post Ct rpt.HRG RE: EXAM OF "MG" Exhs ORD SEALED discovery cutoff due 4/28/89 , y L/R 42c compliance deadline due 5:00 6/30/89 , pretrial conference 3:00 7/17/89 , trial date set for 9:00 8/1/89 Ord vac m/e of 5/13/88. Fur directives to cnsl. (cc: McIlvain, Demchak/Lambert, Lebowitz, RMB) (former emp) (Entered: 11/28/1988)
206 Exhibit list in court (exhs sealed) (former emp) (Entered: 11/28/1988)
207 Witness list in court (former emp) (Entered: 11/28/1988)
208 Notice of service by plaintiffs of interrog and req for prod of docu (former emp) (Entered: 12/06/1988)
209 Motion by plaintiffs to compel resp to req for prod of docu (former emp) (Entered: 12/13/1988)
210 Memorandum of p/a by plaintiff in support of motion to compel resp to req for prod of docu [209-1] (former emp) (Entered: 12/13/1988)
211 Declaration by Teresa Demchak re motion to compel resp to req for prod of docu [209-1] (former emp) (Entered: 12/13/1988)
212 M/E: TELE CONF RE DISC (G RICO Ct Rptr) ORD granting motion to compel resp to req for prod of docu to the ext tht prod of docu by dft shall be compl no ltr than 1/13/89. (see m/e for fur details) (cc: McIlvain Lambert/Demchak Lebowitz RMB) (former emp) (Entered: 12/14/1988)
213 Notice of service by defendants of disc responses (former emp) (Entered: 01/05/1989)
214 Notice of service by plaintiff of resps and objs to contention interrogs to pla (former emp) (Entered: 01/06/1989)
215 Motion by plaintiffs' to compel and memo of p/a (former emp) (Entered: 01/12/1989)
216 M/E: ORD setting motion to compel [215-1] at 1:30 on 1/17/89 for teleph hrg (cc: McIlvain Lebowitz Demehak/Lambert RMB) (former emp) (Entered: 01/12/1989)
217 Letter re: Errata motion to compel afdt of plaintiff (former emp) (Entered: 01/13/1989)
218 M/E: ORD resetting motion to compel [215-1] at 2:00 on 1/25/89 for tele

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01/17/1989 01/17/1989 01/18/1989 01/24/1989 01/27/1989 02/03/1989 02/10/1989 02/10/1989 02/15/1989 03/03/1989 03/14/1989 05/09/1989
06/08/1989
06/09/1989 01/09/1990

hrg Cnsl to advise ct w/tele number where they can be reached (cc: McIlvain Lebowitz Demchak/Lambert RMB) (former emp) (Entered: 01/18/1989)
219 Notice of service by defendants of resps to interrogs and req for prod (former emp) (Entered: 01/18/1989)
220 Notice of service by defendants of non uni interrogs (former emp) (Entered: 01/18/1989)
221 Affidavit of Louis Goodman re mailing of class ntc (former emp) (Entered: 01/19/1989)
222 Notice of service by defendant of suppl resp to interrog (former emp) (Entered: 01/25/1989)
223 M/E: TELE CONF ORD denying motion to compel (see me/ for details) (cc: McIlvain Lebowitz Demchak/Lambert RMB) (former emp) (Entered: 01/30/1989)
224 Notice of service by defendant of disc req (former emp) (Entered: 02/06/1989)
225 Notice of service by defendants of non uni interrogs (former emp) (Entered: 02/13/1989)
226 Affidavit of Louis Goodman re mailing of class ntc (former emp) (Entered: 02/13/1989)
227 Notice of service by plaintiff of objs to defts' non uni interrogs (former emp) (Entered: 02/15/1989)
228 Notice by defendant of hearing re oral argument re: dfts' disc req teleconference at 10:00 on 3/9/89 (former emp) (Entered: 03/06/1989)
229 M/E: TELE CONF (J DAVIS CT RPTR) ORD Pla shall amend contention interrogs (see m/e for details) Amd interrogs due 4/10/89 (cc: McIlvain Lambert Lebowitz RMB) (former emp) (Entered: 03/15/1989)
230 M/E: TELE CONF - MTN FOR CONTINUANCE TRL (oral mtn) (J DAVIS CT RPRT) ORD Mtn for continuance taken under advisement, further tele-conference at 11:00 on 6/7/89 (see m/e for details) (former emp) (Entered: 05/11/1989)
231 M/E: Hrg mtn to contu trl/stat case held on 6/7/89 -rptr John Davis- ORD continue trial date 9:00 2/6/90 . P/T cnf prev set for 7/17/89 is VACATED. ORD dft subm to the crt copies of the commissions minutes of mtgs. (former emp) (Entered: 06/08/1989)
232 Notice of change of address for Ronald Lebowitz (new phone 234-0099) (former emp) (Entered: 06/12/1989)
233 MINUTE ENTRY (RMB) Crt Rptr: J Davis TELE CONF RE: STRUCTURED STLMNT ORD tele conf on 1/12/90 at 1:30 (see m/e for details) (cc: all counsel) (former emp) (Entered: 01/12/1990)

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01/18/1990 03/19/1990
03/26/1990 03/26/1990 03/26/1990 04/05/1990 04/10/1990 04/10/1990 04/20/1990 04/20/1990 05/02/1990 05/02/1990 05/09/1990 05/17/1990 05/21/1990 05/25/1990

234 MINUTE ENTRY RMB Crt Rptr: John Davis TELEPHONIC CONFERENCE trial reset to April 10, 1990 at 9:00: status hearing set March 19, 1990 1:30 , , (cc: all counsel) (VDA) (Entered: 01/18/1990)
235 MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: John Davis Tele stat cnf held on 3/19/90 ORD trial RESET to 6/1/90 @ 9:00 Crt will set another stat cnf in May. Crt authorizes 30 days to complete disc on Parole Commission. Mtns for s/j filed by 5/1/90 (former emp) (Entered: 03/21/1990)
236 MOTION to amend complaint by plaintiff [236-1] (former emp) Modified on 03/27/1990 (Entered: 03/27/1990)
237 MEMORANDUM IN SUPPORT by plaintiff motion to amend complaint by plaintiff [236-1] [236-1] (former emp) (Entered: 03/27/1990)
Proposed 6th amd cmp submitted by by plaintiff (former emp) (Entered: 03/27/1990)
238 RESPONSE by defendant to motion to amend complaint by plaintiff [236-1] (former emp) (Entered: 04/06/1990)
Proposed corrected 6th amd cmp submitted by by defendant (former emp) (Entered: 04/12/1990)
239 NOTICE by plaintiff of change of address for atty, David Lambert (former emp) (Entered: 04/12/1990)
240 MINUTE ENTRY Judge Inits: (RMB) granting motion to amend complaint by plaintiff [236-1] (cc: all counsel) (former emp) (Entered: 04/23/1990)
241 6th AMENDED COMPLAINT by plaintiff (former emp) (Entered: 04/23/1990)
242 MOTION for partial summary judgment by plaintiff [242-1] (former emp) (Entered: 05/03/1990)
243 MEMORANDUM IN SUPPORT by plaintiff motion for partial summary judgment by plaintiff [242-1] [242-1] (former emp) (Entered: 05/03/1990)
244 ANSWER by defendants to corrected 6th amd cmp (former emp) (Entered: 05/10/1990)
245 NOTICE OF HEARING by plaintiff status hearing (telephonic) on 5/23/90 at 1:15 (former emp) (Entered: 05/18/1990)
246 MEMORANDUM IN SUPPORT by plaintiff motion for partial summary judgment by plaintiff [242-1] [242-1] (former emp) (Entered: 05/22/1990)
247 MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: J Davis status hearing held ORD tele conf set for 6/6/90 at 1:00, ORD trial set bfr ct on 7/31/90 at 9:00 (see m/e for details) (cc: all counsel) (former emp) (Entered:

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06/04/1990 06/04/1990 06/08/1990 06/08/1990 06/08/1990 06/13/1990
06/13/1990 06/18/1990 07/02/1990 07/10/1990 07/19/1990 07/23/1990 07/23/1990
07/30/1990 07/31/1990

05/29/1990)
248 MOTION to exceed the page limit re: resp to mtn for sum jgm by defendant [248-1] (former emp) (Entered: 06/08/1990)
Proposed resp to mtn for sum jgm and stmnt of facts submitted by by defendant (former emp) (Entered: 06/08/1990)
249 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit re: resp to mtn for sum jgm by defendant [248-1] (cc: all counsel) (former emp) (Entered: 06/11/1990)
250 RESPONSE by defendant to motion for partial summary judgment by plaintiff [242-1] (former emp) (Entered: 06/11/1990)
251 STATEMENT OF FACTS by defendant re motion response [250-1] (former emp) (Entered: 06/11/1990)
252 MINUTE ENTRY Judge Inits: (RMB) Crt Rptr: G Rico TELE CONF COMMISSIONS REPORT ORD status hearing set for 7/3/90 at 8:15 ORD July 31, 1990 trial date is reaffirmed depending on progress shown at stat conf (see m/e for details) (cc: all counsel) (former emp) (Entered: 06/14/1990)
253 NOTICE of filing afdts by defendant (former emp) (Entered: 06/14/1990)
254 REPLY by plaintiff to response to motion for partial summary judgment by plaintiff [242-1] (former emp) (Entered: 06/18/1990)
255 SUPPLEMENTAL by defendant to resp to pla's mtn for pt sum jgm [250-1] (former emp) (Entered: 07/03/1990)
256 AFFIDAVIT of TODD C FLYNN Ph.D. (former emp) (Entered: 07/11/1990)
257 MINUTE ENTRY Judge Inits: (RMB) setting motion for partial summary judgment re parole revocation by plaintiff [242-1] at 10:00 8/13/90 (cc: all counsel) (former emp) (Entered: 07/19/1990)
258 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis status hearing held on July 3,90 further directives to cnsl (cc: all counsel) (VDA) (Entered: 07/23/1990)
259 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis Telephonic Conference, Ordered trial re:damages and Marcus Gilliam reset to Sept 18, 1990 at 9:00 parties to file list depos to be tkn by 7/27/90; to file witness list by 7/31/90; file stmt of issue by 9/11/90 see me for further directives (cc: all counsel) (VDA) Modified on 07/25/1990 (Entered: 07/23/1990)
260 STIPULATION to extend hrg on p[la's mtn for pt sum jgm to 8/20/90 (former emp) (Entered: 07/31/1990)
261 NOTICE by plaintiff Matthew Davey Johnson OF TAKING DEPO OF FRANK RYAN on 8/29/90 at 9:00 am; THOMAS KORFF on 8/29/90 at

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07/31/1990
07/31/1990 08/01/1990
08/01/1990 08/08/1990 08/09/1990 08/13/1990
08/13/1990 08/13/1990 08/15/1990 08/15/1990 08/15/1990 08/15/1990 08/15/1990 08/15/1990 08/15/1990 08/15/1990

1:00 pm. (former emp) (Entered: 08/01/1990)
262 NOTICE by plaintiff Matthew Davey Johnson OF TAKING DEPO OF CAROL HURTT on the following date(s): 8/31/90, 9:30 am (former emp) (Entered: 08/01/1990)
263 WITNESS LIST AND LIST OF DEPOSITION TO TAKE by plaintiff Matthew Davey Johnson (former emp) (Entered: 08/01/1990)
264 MINUTE ENTRY Judge Inits: (RMB) granting stip resetting motion for partial summary judgment by plaintiff [242-1] at 11:00 8/20/90 (cc: all counsel) (former emp) (Entered: 08/03/1990)
265 WITNESS LIST by defendant (former emp) (Entered: 08/03/1990)
266 MOTION to quash subpoenas by plaintiff [266-1] (former emp) (Entered: 08/09/1990)
267 NOTICE of svc of req for prod of docus by defendant (former emp) (Entered: 08/09/1990)
268 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Toni Henson TELE HRG RE DISC held 8/13/90 taking under advisement on 8/13/90 the motion to quash subpoenas by pla Ord Records in cam to crt for determination of production Furth Ord Video depo of pla Johnson to be tkn at Crt house on 8/20/90 Pla Gilliam Depo and IME to be tkn in Phoenix See ME for directives to cnsl , (cc: all counsel) (VDA) (Entered: 08/13/1990)
269 ADDENDUM by plaintiff to witness list [263-1] (former emp) (Entered: 08/14/1990)
270 NOTICE of Rule 35 Examination of Matthew Davey Johnson on 8/28/90 by defendant (former emp) (Entered: 08/14/1990)
271 NOTICE by defendant OF TAKING DEPO OF TODD FLYNN PhD on the following date(s): 8/24/90 (former emp) (Entered: 08/16/1990)
272 NOTICE by defendant OF TAKING DEPO OF DAVEY JOHNSON on the following date(s): 8/20/90 (former emp) (Entered: 08/16/1990)
273 NOTICE by defendant OF TAKING DEPO OF MONA GILLAM on the following date(s): 8/22/90 (former emp) (Entered: 08/16/1990)
274 NOTICE by defendant OF TAKING DEPO OF DAVID GILLAM on the following date(s): 8/22/90 (former emp) (Entered: 08/16/1990)
275 NOTICE by defendant OF TAKING DEPO OF TODD FLYNN PhD on the following date(s): 8/24/90 (former emp) (Entered: 08/16/1990)
276 NOTICE by defendant OF TAKING DEPO OF MARCOS GILLAM on the following date(s): 9/4/90 (former emp) (Entered: 08/16/1990)
277 NOTICE by defendant OF TAKING DEPO OF MATTHEW JOHNSON on the following date(s): 8/21/90 (former emp) (Entered: 08/16/1990)
278 NOTICE of Rule 35 examination by defendant (former emp) (Entered:

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08/15/1990 08/17/1990 08/20/1990 08/21/1990 08/21/1990 08/24/1990 08/24/1990
08/27/1990 08/27/1990
08/27/1990
08/27/1990
08/29/1990 08/29/1990 08/31/1990 09/04/1990

08/16/1990)
279 MOTION to strike addendum to pla's witness list by defendant [279-1] (former emp) (Entered: 08/16/1990)
280 RESPONSE by plaintiff to motion to strike addendum to pla's witness list by defendant [279-1] (former emp) (Entered: 08/21/1990)
281 NOTICE by plaintiff OF TAKING DEPO OF (see plding for names) on the following date(s): (see plding) (former emp) (Entered: 08/22/1990)
282 MINUTE ENTRY Judge Inits: (RMB) ORD dft shall disclose which witnesses they will use at trl to pla no later than 8/24/90 (cc: counsel) (former emp) (Entered: 08/22/1990)
283 MINUTE ENTRY Judge Inits: (RMB) granting motion to strike addendum to pla's witness list by defendant [279-1] (cc: all counsel) (former emp) (Entered: 08/22/1990)
284 NOTICE of svc of req for prod of docus, req for adm by plaintiff (former emp) (Entered: 08/27/1990)
285 MINUTE ENTRY Judge Inits: (RMB) granting motion to quash subpoenas by plaintiff [266-1] Clk is directed to return Mr. Johnson's rcds to Judgge Veliz, Juvenile Ct (cc: all counsel) (former emp) (Entered: 08/27/1990)
286 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Chris Wright Hrg Held 8/20/90 Ord denying motion for partial summary judgment by plaintiff [242-1] (cc: all counsel) (VDA) (Entered: 08/27/1990)
287 MINUTE ENTRY Judge Inits: RMB trial continued to 10/2/90 at 9:00 , Disvoery extended one wk plaintiff may have one one additional nerological witness in Gillam case, wrtn report to be provided by August 29, 1990 5pm , (cc: all counsel) (VDA) (Entered: 08/27/1990)
288 MINUTE ENTRY Judge Inits: RMB ORDERED, Video depositions may continue and shall be held in Courtroom #1 in order to use video equipment for taping of the questioning attorney. Clerk will make the arrangements. (re: minute entry [288-1] (VDA) (Entered: 08/27/1990)
289 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis Status Conference Held 8/22/90 ORDERED, discovery cutoff set 9/26/90 gillam & damages issues, See ME for directives to cnsl , , (cc: all counsel) (VDA) (Entered: 08/27/1990)
290 WITNESS LIST by defendant (former emp) (Entered: 08/30/1990)
291 AMENDED WITNESS LIST by defendant (former emp) (Entered: 08/30/1990)
292 Amended NOTICE of Rule 35 exam of Matthew Davey Johnson on 9/6/90 by defendant (former emp) (Entered: 09/04/1990)
293 STIPULATION for a stlmnt conf (former emp) (Entered: 09/05/1990)

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09/04/1990 09/04/1990 09/04/1990 09/04/1990 09/06/1990 09/10/1990 09/10/1990 09/11/1990 09/17/1990 09/20/1990
11/20/1990 11/27/1990 11/27/1990 11/28/1990 11/30/1990 11/30/1990

294 NOTICE by defendant OF TAKING DEPO OF IRA SCHWARTZ, Ph.D. on the following date(s): 9/24/90 (former emp) (Entered: 09/05/1990)
295 NOTICE by defendant OF TAKING DEPO OF MICHAEL NELSON Ph.D. on the following date(s): 9/19/90 (former emp) (Entered: 09/05/1990)
296 NOTICE by plaintiff OF TAKING DEPO OF see plding for names/dates (former emp) (Entered: 09/05/1990)
297 NOTICE by plaintiff OF TAKING DEPO OF MICHAEL NELSON Ph.D. on the following date(s): 9/21/90 (former emp) (Entered: 09/05/1990)
298 MINUTE ENTRY Judge Inits: (RMB) settlement conference set for 9/6/90 at 4:00 in Phx, Courtroom #3, 7th flr (cc: all counsel) (former emp) (Entered: 09/10/1990)
300 MINUTE ENTRY Judge Inits: RMB Crt Rptr: none present granting stipulation Settlement confeld 9/7/90 Phx,Az , (cc: all counsel) (VDA) (Entered: 09/10/1990)
299 ORDER by Judge Richard M. Bilby granting stipulation Sttlmnt Conf held 9/7/90 in Phx,Az (cc: all counsel) (VDA) (Entered: 09/17/1990)
301 MINUTE ENTRY Judge Inits: (RMB) in court (telephonic) hearing on 9/20/90 at 1:30 re: dft's ltr re: mtn to quash subpoena (cc: all counsel) (former emp) (Entered: 09/12/1990)
302 NOTICE by plaintiff OF TAKING DEPO OF DR RICHARD HINTON on the following date(s): 9/27/90 (former emp) (Entered: 09/18/1990)
303 MINUTE ENTRY Judge Inits: RMB in court hearing on mtn to reconsider mtn to quash subpoena re Johnson is vacated crt hold mtn in abeyance; cnsl for dfts to contact the crt re rescheduling hrg if necessary. (cc: all counsel) (former emp) (Entered: 09/24/1990)
304 ATTORNEY APPEARANCE for plaintiff by Richard M Pearl (former emp) (Entered: 11/26/1990)
305 MOTION to exceed the page limit re:mtn for atty fees and costs by plaintiff [305-1] (former emp) (Entered: 11/27/1990)
Proposed mtn for atty fees and costs submitted by by plaintiff (former emp) (Entered: 11/27/1990)
Proposed ntc of hrg re: mtn for atty fees submitted by by plaintiff (former emp) (Entered: 11/29/1990)
306 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit re:mtn for atty fees and costs by plaintiff [305-1] (cc: all counsel) (former emp) (Entered: 12/03/1990)
307 MOTION for attorney's fees and costs by plaintiff [307-1] (former emp)

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11/30/1990 12/11/1990
12/31/1990 12/31/1990 12/31/1990 01/03/1991
01/04/1991 02/05/1991 02/14/1991 02/15/1991 02/15/1991 02/15/1991 02/15/1991 02/15/1991 02/25/1991

(Entered: 12/03/1990)
308 MOTION to extend time to resp to mtn for atty fees by defendant [308-1] (former emp) (Entered: 12/03/1990)
309 ORDER by Judge Richard M. Bilby granting motion to extend time to resp to mtn for atty fees by defendant [308-1], resp due 1/7/91, rply due 1/22/91, and setting motion for attorney's fees and costs by plaintiff [3071] at 1:30 2/11/91 (cc: all counsel) (former emp) (Entered: 12/12/1990)
310 MOTION to extend time to resp to mtn for atty fees/costs by defendant [310-1] (former emp) (Entered: 12/31/1990)
311 NOTICE OF HEARING by defendant setting motion to extend time to resp to mtn for atty fees/costs by defendant [310-1] at 11:30 1/3/91 (former emp) (Entered: 12/31/1990)
312 RESPONSE by plaintiff to motion to extend time to resp to mtn for atty fees/costs by defendant [310-1] (former emp) (Entered: 01/02/1991)
313 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis TELE CONF held ORD granting motion to extend time to resp to mtn for atty fees/costs by defendant EXT Ti to 2/15/91 Pla response by 3/1/91 HRG previously set for 2/11/91 is Vacated, to be reset by the Court if necessary. , (cc: all counsel) (VDA) (Entered: 01/03/1991)
314 Rply MEMORANDUM by defendant in suppt of mtn to exttm (former emp) (Entered: 01/07/1991)
315 NOTICE by plaintiff of req for prod of docus (former emp) (Entered: 02/06/1991)
317 ORDER by Judge Richard M. Bilby tht ptys have until 3/8/91 to resp to Dr Leone ltr and rpt (cc: all counsel) (re: order [317-1] (former emp) (Entered: 02/19/1991)
316 MOTION to exceed the page limit re: resp to mtn for interim asward of atty fees and costs by defendant [316-1] (former emp) (Entered: 02/19/1991)
Proposed resp to mtn for atty fees and costs and docus in suppt submitted by by defendant (former emp) (Entered: 02/19/1991)
318 MINUTE ENTRY Judge Inits: (RMB) granting motion to exceed the page limit re: resp to mtn for interim award of atty fees and costs by defendant [316-1] (cc: all counsel) (former emp) (Entered: 02/19/1991)
319 RESPONSE by defendant to motion for attorney's fees and costs by plaintiff [307-1] (former emp) (Entered: 02/19/1991)
320 EXHIBITS (Re: [319-1] (former emp) (Entered: 02/19/1991)
321 Ntc of filing AFFIDAVIT of RUSSELL K VAN VLEET (former emp) (Entered: 02/27/1991)

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02/25/1991 02/26/1991 02/27/1991 03/11/1991 03/13/1991 03/14/1991 03/15/1991 03/15/1991 03/18/1991 03/18/1991 03/20/1991 04/03/1991
04/04/1991 05/03/1991 05/29/1991

322 Ntc of filing of AFFIDAVIT of MICHAEL J HAWKINS (former emp) (Entered: 02/27/1991)
323 STIPULATION to exttm to file reply to resp to mtn for atty fees and costs (former emp) (Entered: 02/27/1991)
324 ORDER by Judge Richard M. Bilby granting stipulation, resp due 3/15/91. (re: motion for attorney's fees and costs by plaintiff [307-1] [307-1] (cc: all counsel) (former emp) (Entered: 02/28/1991)
325 AFFIDAVIT of LOUIS A. GOODMAN, atty for dft (former emp) (Entered: 03/12/1991)
326 STIPULATION re ext of tim efor pla to rply to dfts resp to pla pet for interim award of reasonable atty's fees and costs re [307-1] (former emp) (Entered: 03/14/1991)
327 STIPULATION re Ext of Time for pla to reply to dft Pet for Interim Award of Reasonable Atty Fees & Costs (former emp) (Entered: 03/19/1991)
328 ORDER by Judge Richard M. Bilby that pla have until 3/20/91 to file rply to dfts resp to pla ept for inter award of attyfees & costs. (cc: all counsel) (former emp) (Entered: 03/19/1991)
329 MINUTE ENTRY Judge Inits: RMB in court hearing re expert's report set for 4/3/91, 9:00 am (cc: all counsel) (former emp) (Entered: 03/19/1991)
330 MOTION to exceed the page limit re: rply to atty fees and costs by plaintiff [330-1] (former emp) (Entered: 03/20/1991)
331 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit re: rply to atty fees and costs by plaintiff [330-1] (cc: all counsel) (former emp) (Entered: 03/21/1991)
332 REPLY MEMORANDUM by plaintiff to response to motion for attorney's fees and costs by plaintiff [307-1] & Appendix 1 in sup of reply. (former emp) (Entered: 03/21/1991)
333 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Pat Bauer/standby , , STATUS CONFERENCE HELD in chambers issue of special education Experts present all parties to confer and submit a proposed schedule for submission of Order/consent decree re:spec ed issues (cc: all counsel) (VDA) (Entered: 04/05/1991)
334 NOTICE OF SUPPLEMENT to documents accompanying defendants' response to motion for attorney's fees and costs by plaintiff [307-1] [3071] (former emp) (Entered: 04/08/1991)
335 NOTICE by plaintiff of srvc of discovery papers. (former emp) (Entered: 05/06/1991)
336 NOTICE by defendant of resp to req for prod of docus (former emp) (Entered: 06/04/1991)

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05/30/1991 06/04/1991 06/28/1991 08/23/1991 08/30/1991 09/03/1991 09/27/1991 10/04/1991 10/04/1991 10/10/1991 10/22/1991
10/30/1991
11/15/1991
12/18/1991 01/29/1992

337 MINUTE ENTRY Judge Inits: RMB setting motion for attorney's fees and costs by plaintiff [307-1] at 10:00 7/1/91; (see m/e for details) (cc: all counsel) (former emp) (Entered: 06/04/1991)
338 NOTICE by defendant of srvc of discovery papers. (former emp) (Entered: 06/06/1991)
339 MINUTE ENTRY Judge Inits: RMB setting motion for attorney's fees and costs by plaintiff [307-1] at 11:00 9/3/91 (cc: all counsel) (former emp) (Entered: 07/01/1991)
340 SUPPLEMENTAL CITIATIONS by plaintiff re Petition for Attorney's Fees and Costs (former emp) (Entered: 08/26/1991)
341 SECOND SUPPLEMENTAL Citation in Support of Fees Petition by plaintiff (former emp) (Entered: 09/03/1991)
342 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis taking under advisement on 9/3/91 the motion for attorney's fees and costs by plaintiff [307-1] (cc: all counsel) (former emp) (Entered: 09/04/1991)
343 ORDER Pla req for interim award of attys fees granted in part. See order for details by Judge Richard M. Bilby (cc: all counsel) (re: order [343-1] (former emp) (Entered: 09/30/1991)
344 MOTION for correction of ord re interim award of fees and costs by plaintiff [344-1] (former emp) (Entered: 10/07/1991)
345 NOTICE OF HEARING by plaintiff setting motion for correction of ord re interim award of fees and costs by plaintiff [344-1] at 3:00 10/21/91 (former emp) (Entered: 10/07/1991)
346 RESPONSE by defendant to motion for correction of ord re interim award of fees and costs by plaintiff [344-1] (former emp) (Entered: 10/15/1991)
347 AMENDED ORDER by Judge Richard M. Bilby (re: motion for attorney's fees and costs by plaintiff [307-1] Order dfts pay attys the sum of $1,255,318.49 as an interim award of fees and costs + interest from this date until paid (cc: all counsel) (former emp) (Entered: 10/23/1991)
348 MINUTE ENTRY Judge Inits: RMB Crt Rptr: John Davis HRG HELD 10/21/91 Teleph ORD granting motion for correction of ord re interim award of fees and costs by plaintiff [344-1] Formal Order to Follow , , (cc: all counsel) (VDA) (Entered: 10/30/1991)
349 ACKNOWLEDGEMENT OF RECEIPT by pla's re State of Az warrant 81889247, dated 10/25/91, in the sum of $1,258,413.80, rec'd in office of Miller, Pitt & McAnally on date preceding 10/30/91 (former emp) (Entered: 11/18/1991)
350 NOTICE by plaintiff of service of pla's req to prod documents (former emp) (Entered: 12/20/1991)
351 NOTICE by defendant of Service of resp to plas req to prod documents

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06/16/1992 06/16/1992
09/09/1992 09/10/1992 11/04/1992
11/24/1992 01/19/1993 01/22/1993
01/28/1993 02/08/1993
02/10/1993 03/26/1993
03/29/1993 04/22/1993 04/26/1993 05/06/1993 05/18/1993

(former emp) (Entered: 02/03/1992)
352 STIPULATION re attys fees and costs (former emp) (Entered: 06/18/1992)
353 ORDER regarding attys fees and costs by Judge William D. Browning for Richard M. Bilby (cc: all counsel) (re: order [353-1] (former emp) (Entered: 06/18/1992)
354 REQUEST by pla for status conference. (former emp) (Entered: 09/14/1992)
355 ORDER by Judge Richard M. Bilby status hearing set for 10/30/92, 1:00 pm (cc: all counsel) (former emp) (Entered: 09/15/1992)
356 MINUTE ENTRY Judge Inits: RMB status hearing held on 10/30/92 , and case management ddl for ptys to submit proposed consent decree by 1/15/93 for court approval (cc: all counsel) (former emp) (Entered: 11/10/1992)
RETURNED MAIL addressed to: Teresa Demchak [356-1], (former emp) (Entered: 11/30/1992)
357 STIPULATION to extend time to 2/1/93 to file consent decree. (former emp) (Entered: 01/25/1993)
358 ORDER by Judge Richard M. Bilby case management ddl due 2/1/93 to submit proposed consent decree (cc: all counsel) (former emp) (Entered: 01/26/1993)
359 LETTERS received by the court. (former emp) (Entered: 02/01/1993)
361 ORDER by Judge Richard M. Bilby that prop stlmnt approved (see order for details). (cc: all counsel) (re: order [361-1] (former emp) (Entered: 02/11/1993)
360 NOTICE by pla of proposed form of ntc to class (former emp) (Entered: 02/10/1993)
363 ORDER by Judge Richard M. Bilby that ptys advise crt w/in 30 days if they will consent to revised version of consent decree. (cc: all counsel) (re: order [363-1] (former emp) (Entered: 03/31/1993)
362 RETURN OF SERVICE of filing publication afdts in several newspapers by dft (former emp) (Entered: 03/30/1993)
364 NOTICE by pla of acceptance of crts suggested additions to consent decree. (former emp) (Entered: 04/23/1993)
365 NOTICE by dft of acceptance of crt's suggested additions to the consent decree. (former emp) (Entered: 04/27/1993)
366 CONSENT DECREE by Judge Richard M. Bilby terminating case (cc: all counsel) (former emp) (Entered: 05/06/1993)
367 STIPULATION re appointment of third member of committee as Peter

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06/02/1993 02/22/1994 04/13/1994 09/14/1994 09/23/1994 10/03/1994 10/24/1994 03/28/1995 05/20/1995 08/17/1995 08/28/1995 09/12/1995

Leone. (former emp) (Entered: 05/19/1993)
368 ORDER by Judge Richard M. Bilby approves appoointment of Dr. Leone as third member of Committee of Consultants. (cc: all counsel) (former emp) (Entered: 06/03/1993)
369 TRANSCRIPT of meeting re consent decree bfr the Honorable Richard M Bilby by Court Reporter: Cathy Schwader for the following date(s): 1/13/94 (former emp) (Entered: 02/23/1994)
370 MINUTE ORDER: Judge's init RMB: presentation re consent decree is set for 6/16/94 at 2:00 at Catalina Mountain School (cc: all counsel) [370-1] (re: order [370-1] (former emp) (Entered: 04/22/1994)
371 MINUTE ENTRY Judge Inits: RMB Ord that DYTR may operate under the revised implementation plan matrix. Further ord that DYTR's req to increase the number of secure beds is denied [cc: Cnsl, RMB [371-1] re: minute entry [371-1] (BAR) (Entered: 09/21/1994)
RETURNED MAIL addressed to: Teresa Demchak, Esq [371-1] (former emp) (Entered: 10/04/1994)
372 MINUTE ORDER by Judge Bilby tht hrg is set on the Committee of Consultants' 3rd semi-annual rpt on 12/9/94 @ 9:00 at the USDC Phoenix AZ (cc: all counsel) [372-1] re: order [372-1] (former emp) (Entered: 10/07/1994)
373 MINUTE ORDER by Judge Bilby tht hrg is set on the Committee of Consultants' 3rd semi-annual rpt on 12/9/94 @ 9:00 at the USDC crtrm #7 Phx AZ (cc: all counsel) [373-1] re: order [373-1] (former emp) (Entered: 10/25/1994)
374 ORDER by Judge Richard M. Bilby next presentation pursuant to consent decree set for 5/30/95 10:00 at Adobe Mountain School, Phoenix, Az. (cc: all counsel) re: order [374-1] (PAB) (Entered: 03/29/1995)
375 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Cathy Schwader/ECR Presentation made to Court re: Consent Decree-Adobe School/Phoenix [cc: counsel, RMB] [375-1] re: minute entry [375-1] (VDA) (Entered: 05/31/1995)
376 MINUTE ORDER by Judge Bilby re iss of increasing the population limits of the Consent Decree; in crt hrg set for 1:30 9/6/95 (cc: all cnsl) [376-2] (former emp) (Entered: 08/22/1995)
377 MINUTE ORDER re iss of increasing the population limits of the Consent Decree; [376-1], re: ord [376-2] in court hrg set for 1:30 9/6/95 (cc: all cnsl) [377-2] (former emp) (Entered: 09/05/1995)
378 MINUTE ENTRY: Judge Inits: RMB Committee of Consultants "Interim R & R on Population Limitation"; in crt hrg held ORD tht the Crt concurs w/the Committee & prelim approves the Dept's req (see pldg for details); FUR ORD tht the ptys shl meet & provide the Crt w/form of ord for its

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10/13/1995 10/16/1995 11/07/1995 11/27/1995 11/27/1995 12/06/1995

consideration re modifying the Consent Decree [cc: all cnsl] [378-2] (former emp) (Entered: 09/13/1995)
379 ORDER by Judge Richard M. Bilby tht Section III(2)(A) of the Consent Decree entered in open crt on 5/5/93 is modified for a period of 10 days as follows: The Dept shl not average more than 110 youth confined in CMS ea mo, 312 youth in AMS ea mo, & 192 youth in the BCS residential program ea mo unless addl physical facilities are constructed to house such youths; qtrly population rpts shl be furnished to the Crt w/i 10 days of the end of ea qtr (cc: all cnsl) re: order [379-1] (former emp) (Entered: 10/16/1995)
380 ORDER by Judge Richard M. Bilby tht on 10/25/95 dfts shl submit complete plans as to all expansion requests recommended by the Committee of Consultants in its rpt to the Crt dated 8/3/95, Committee shl review pla & make recommendations to Crt by 11/3/95; FURTH ORD tht on or bfr 1/1/96 dfts shl be in FULL compliance w/the Revised Consent Decree Agency Implementation Plan Matrix dated 6/6/94 (cc: all cnsl) re: order [380-1] (former emp) (Entered: 10/17/1995)
381 ORDER by Judge Richard M. Bilby the Committee of Consultants having informed the Crt tht it is in the best int of all ptys, the Dept of Juvenile Corrections shl submit its revised plan re the expansion req to the Committee on or bfr 11/13/95 & the Committee make a recommendation to the Crt on or bfr 11/28/95 (cc: all cnsl) re: order [3811] (former emp) Modified on 11/08/1995 (Entered: 11/08/1995)
382 ORDER by Judge Richard M. Bilby tht the Committee of Consultants having notified the Crt, the presentation purs to the Consent Decree is set for 1/26/96 @ 2:00 PM @ Catalina Mountain School; any cnsl or nonpty desiring to attend shl notify Marian Webber @ 542-4038 @ least 5 days prior to said hrg. The Crt reserves the right to limit access if it finds tht security of the facility is jeopardized [cc: all cnsl] re: order [382-1] (former emp) (Entered: 11/30/1995)
383 ORDER by Judge Richard M. Bilby tht dfts' request to modify the Consent Decree is granted as outlined in the 11/17/95 Revised Plan & the Committee of Consultants Recommendations; FUR ORD tht ptys submit an Amd Consent Decree w/i 10 days of rcpt of this ord; FUR ORD tht upon completion of the new secure beds, dfts contact the Crt through the Committee of Consultants in ord to provide evid tht all ancillary staff/services are in place. If satisfied, the Crt will then iss the final ord allowing the use of the new facilities (cc: all cnsl) re: order [383-1] (former emp) (Entered: 11/30/1995)
384 ORDER by Judge Richard M. Bilby dfts' cnsl having notified the Crt of unavoidable conflict w/the 1/26/96 presentation date & good cause shown; the presentation is reset for 2/2/96 @ 2:00 @ Catalina Mountain School; any cnsl or nonpty desiring to attend shl notify Marian Webber @ least 5 days prior to hrg; Crt reserves the right to limit access if it finds tht the security of the facility is jeopardized (cc: all cnsl) re: order [384-1] (former emp) (Entered: 12/08/1995)

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01/10/1996 01/11/1996 01/23/1996 02/21/1996
03/21/1996 04/09/1996
04/09/1996 04/12/1996 04/12/1996 04/22/1996 04/29/1996

385 ORDER by Judge Richard M. Bilby tht Section XI.2 of the Consent Decree be modifed relative to staffing rations re: jgm [366-2] (cc: all cnsl) (former emp) (Entered: 01/17/1996)
386 ORDER by Judge Richard M. Bilby tht Committee of Consultants presentation set for 2/2/96 is vacated & reset to 2/9/96 @ 2:00 PM @ Catalina Mountain School; any cnsl or nonpty desiring to attend shl notify Marian Webber @ least 5 days prior to hrg (cc: all cnsl) re: order [386-1] (former emp) (Entered: 01/17/1996)
387 STIPULATION & request for stay (PAB) (Entered: 01/23/1996)
388 ORDER by Judge Richard M. Bilby tht Director Eugene Moore & the Az Dept of Juv Corrections shl be in compliance w/the Consent Decree on or bfr 5:00 PM 4/9/96; Moore shl submit a compliance rpt to the Crt & Consultant Allen Breed. This rpt may be submitted by facsimile; FUR ORD tht Eugene Moore shl submit by facsimile every Fri by 5:00 PM a stat rpt re the Dept's compliance w/the Consent Decree to Consultant Breed by facsimile. The Committee shl inform the Crt of any instance of non-compliance re [366-2] (cc: all cnsl) (former emp) (Entered: 02/27/1996)
389 TRANSCRIPT of 5th semi-annual rpt of consultants Catalina Mountain School bfr the Honorable Richard M Bilby by Court Reporter: Cathy Schwader/ECR for the following date(s): 2/9/96 (former emp) (Entered: 03/25/1996)
390 ORDER by Judge Richard M. Bilby that the Az. Dept of Juv Correctins is in violation of Paragraph III.2A of the consent decree,ADJC is herby enjoined as of this date from accepting any youth in excess of 110 at Catalina; 312 at Adobe Mtn and 120 at Black Canyon School (see order for further details) ADJC to comply with this order by 5/9/96 5:00 or Dfts shl be held in contempt of court. [366-2] (cc: all counsel) (PAB) (Entered: 04/10/1996)
391 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Cschwader/ECRO , Telephonic hearing held [cc: counsel,RMB] [391-3] (VDA) (Entered: 04/12/1996)
392 ORDER by Judge Richard M. Bilby the Committee of Consultants having notified the crt tht they are ready to make their next semi-annual report purs to the Consent Decree, ; said presentation is set for 9:00 6/20/96, USDC 44 E. Broadway, Tuc, Az (cc: all cnsl) (former emp) (Entered: 04/15/1996)
393 MOTION to strike Paragraph 3 from page 3 of the Order of 4/9/96 by dft [393-1] (former emp) (Entered: 04/15/1996)
394 RESPONSE by pla to motion to strike Paragraph 3 from page 3 of the Order of 4/9/96 by dft [393-1] (PAB) (Entered: 04/23/1996)
395 REPLY by dft to response to motion to strike Paragraph 3 from page 3 of the Order of 4/9/96 by dft [393-1] (PAB) (Entered: 05/01/1996)

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05/03/1996 05/03/1996 05/03/1996 05/03/1996 05/03/1996 05/03/1996 05/03/1996 05/10/1996 05/23/1996 05/23/1996 05/23/1996 06/18/1996

396 TRANSCRIPT of telephonic conf compliance with population limits by Crt Recorder: Cathy Schwader/A/V Tronics Inc for the following date(s): 4/9/96 (former emp) (Entered: 05/07/1996)
397 TRANSCRIPT of 4th semi-annual report of Consultants Adobe Mountain School by Crt Recorder: Cathy Schwader/AV Tronics Inc for the following date(s): 5/30/95 (former emp) (Entered: 05/07/1996)
398 First semi-annual report on the implementation of the Consent Decree by the Az Dept of Youth Treatment & Rehab submitted by Committee of Consultants Peter E Leone, Allen F Breed, Russell K Van Vleet dated 12/31/93 (former emp) (Entered: 05/07/1996)
399 Second semi-annual report on the implementation of the Consent Decree by the Az Dept of Youth Treatment & Rehab submitted by Committee of Consultants Peter E Leone, Allen F Breed, Russell K Van Vleet dated 6/6/94 (former emp) (Entered: 05/07/1996)
400 Third semi-annual report on the implementation of the Consent Decree by the Az Dept of Youth Treatment & Rehab submitted by the Committee of Consultants Peter E Leone, Allen F Breed, Russell K Van Vleet dated 12/2/94 (former emp) (Entered: 05/07/1996)
401 Fourth semi-annual report on the implementation of the Consent Decree by the Az Dept of Youth Treatment & Rehab submitted by Committee of Consultants Peter E Leone, Allen F Breed, Russell K Van Vleet dated 5/23/95 (former emp) (Entered: 05/07/1996)
402 Fifth semi-annual report on the implementation of the Consent Decree by the Az Dept of Juvenile Corrections submitted by Committee of Consultants Peter E Leone, Allen F Breed, Russell K Van Vleet dated 1/30/96 (former emp) (Entered: 05/07/1996)
403 ORDER by Judge Richard M. Bilby that the Dept of Juv Corrections is in compliance with paragraph III.2.A.of the Consent Decree. It is further affirmed that the Courts 4/9/96 order continues in full force & effect(cc: all counsel) re: order [403-1] (PAB) (Entered: 05/14/1996)
404 ORDER by Judge Richard M. Bilby denying motion to strike Paragraph 3 from page 3 of the Order of 4/9/96 by dft [393-1] (cc: all counsel) (former emp) (Entered: 05/24/1996)
405 LETTER re Committee of Consultants' Recommendation tht Section XII, 2. C. of the Consent Decree be modified by Peter E Leone, Committee of Consultants (former emp) (Entered: 05/24/1996)
406 ORDER by Judge Richard M. Bilby modifying Section XII.2.C of the Consent Decree re: letter [405-1] (cc: all cnsl) (former emp) (Entered: 05/24/1996)
407 SIXTH SEMI-ANNUAL REPORT on the Implementation of the Johnson v. Upchurch Consent Decree by the AZ Dept of Juvenile Corrections dated 6/12/96 by Peter E Leone, Allen F Breed, Russell K Van Vleet (former emp) (Entered: 06/19/1996)

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06/19/1996
09/06/1996 09/24/1996 09/24/1996 10/03/1996 11/07/1996 11/08/1996 11/08/1996 12/02/1996 01/08/1997 01/17/1997

408 ORDER by Judge Richard M. Bilby that the Dept is authorized to move up to 12 youth from Triumph to Encanto. 22 additional Triumph youth may be phased into Encanto upon prior authorization & approval of russell Van Vleet. At no time shall there be more than 34 youth housed at Encanto. At no time shall the levels of staff or services from the other institutions fall below Consent Decree standards in order to provide staff & services to Encanto. Failure to comply with this Order shall result in the closure of encanto. This order shall take affect nunc pro tunc on 6/12/96.(cc: all counsel) re: order [408-1] (PAB) (Entered: 06/24/1996)
409 ORDER by Judge Richard M. Bilby that ADJC's request for a 14 bed expansion at Catalina Mt. School is conditionally approved pending committee's final approval. ADJC shall comply w/ all other aspects if this ct's prior orders & consent degree(cc: all counsel) re: order [409-1] (former emp) (Entered: 09/10/1996)
410 REQUEST for Ct to formally approve the 48 bed expansion of secure beds within Dept of Juv. Corr. at Black Canyon School by Committee of Consultants (letter formated) (former emp) (Entered: 09/25/1996)
411 ORDER by Judge Richard M. Bilby re: request [410-1]that request to modify the Consent Degree is granted that two 24 bed units at Black Canyon are approved (cc: all counsel) (former emp) (Entered: 09/25/1996)
412 ORDER by Judge Richard M. Bilby granting def's request to modify the Consent Degree to extent the 14 bed expansion at Catalina Mt. School (cc: all counsel) re: order [412-1] (former emp) (Entered: 10/04/1996)
413 MINUTE ENTRY Judge Inits: RMB in court hearing set for 10:00 1/17/97 for Committee of Consultants 7th sem-annual report in Courtroom 3 at USDC [cc: all cnsl, RMB] [413-2] (former emp) (Entered: 11/08/1996)
414 REQUEST by Peter E Leone for Comm of Consultants that the CT approve a temporary increase at Adobe Mt School by 48 beds to a population of 360 (former emp) (Entered: 11/13/1996)
415 ORDER by Judge Richard M. Bilby granting request of temporary increase in population caps at Adobe Mt School to 360 until 12/3/96(cc: all counsel) (former emp) (Entered: 11/13/1996)
416 ORDER by Judge Richard M. Bilby re: order [415-1], re: request [414-1] that Dept may temporarily increase the population caps at Adobe Mt School to 360 until 12/13/96, at which time the pop. shall be reduced to 312, unless further order from the ct (cc: all counsel) (former emp) (Entered: 12/04/1996)
417 7th Semi-Annual REPORT bu Committee of Consultants re: Consent Degree by the Az Dept of Jev. Corrections (former emp) (Entered: 01/10/1997)
418 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Cathy Schwader ; in court

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02/03/1997 02/03/1997 02/03/1997 02/03/1997 02/03/1997 02/05/1997 02/07/1997
02/07/1997
02/07/1997 02/07/1997 02/10/1997 02/11/1997 02/13/1997 02/13/1997

hearing held Ct finds that Az Dept of Juv Corr is in violation of Ctordered population caps, Dept shall not accept any Juvs sent to them by State. Dept shall fax by 5pm to CT and Mr. Van Vleet daily reports, each party have until 2/3/97 by 5pm to file memos in support of their positions; Hrg on order to show cause is 2/7/97 at 9am at USDC in Phoenix [cc: all cnsl, RMB] [418-2] (former emp) (Entered: 01/23/1997)
419 MEMORANDUM by Matthew Davey Johnson re order to show cause [418-1], re [418-2] (PAB) (Entered: 02/03/1997)
420 MOTION to continue (reschedule) 2/7/97 hearing date by dfts [420-1] (former emp) (Entered: 02/04/1997)
421 MOTION to exceed the page limit to file response ro order to show cause, alternative mtn to modify Consent Degree or alternatively, to dism this action by dft [421-1] (former emp) (Entered: 02/04/1997)
LODGED Def's response to order to show cause & motion to modify Consent Decree or to Dism Lawsuit (former emp) (Entered: 02/04/1997)
LODGED def's exhibits (dx) attached to OSC response and Motion (former emp) (Entered: 02/04/1997)
422 ORDER by Judge Richard M. Bilby denying motion to continue (reschedule) 2/7/97 hearing date by dfts [420-1] (cc: all counsel) (former emp) (Entered: 02/05/1997)
423 MINUTE ENTRY Judge Inits: RMB Crt Rptr: VICKI REGER, ECR Order to Show Cause re Contempt held. The Court finds the Department to be in contempt after repeatedly failing to comply with this Court's orders. The Court will issue a formal order next week. [423-2] (MI) (Entered: 02/07/1997)
424 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit to file response ro order to show cause, alternative mtn to modify Consent Degree or alternatively, to dism this action by dft [421-1] (cc: all counsel) (former emp) (Entered: 02/10/1997)
425 RESPONSE by dfts to minute entry RE: order to show cause [418-2] (former emp) (Entered: 02/10/1997)
425 MOTION to Modify Consent Degree by dfts [425-1] or to dismiss Lawsuit by dfts [425-2] (former emp) (Entered: 02/10/1997)
426 DEF'S EXHIBITS (Re: [425-1]Attached to OSC Response and Motions (former emp) (Entered: 02/10/1997)
429 TRANSCRIPT of order to show cause before Judge Bilby by Court Reporter: Vicki Reger for the following date(s): 2/7/97 (PAB) (Entered: 02/18/1997)
427 REPORT, Daily Population Records (former emp) (Entered: 02/13/1997)
430 TRANSCRIPT of 7th semi-annual rpt of consultants before the Honorable Richard M. Bilby by Court Reporter: Cathy Schwader for the

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02/14/1997
03/03/1997 03/03/1997 03/03/1997
03/03/1997 03/03/1997 03/03/1997 03/03/1997 03/03/1997 03/04/1997 03/04/1997
03/04/1997
03/04/1997

following date(s): 1/17/97 (PAB) (Entered: 02/18/1997)
428 ORDER by Judge Richard M. Bilby, Defs are found to be in contempt of re: minute entry [418-2], re: order [390-1]; defs enjoined from accepting any youths in excess(see order); Fine imposed of $300 per day, per youth if defs excced pop caps commencing 2/14/97; Committee of Counsultant to submit an amended 7th Sem-annual report w/i 30 days cs mngmnt ddl set for 3/14/97 (cc: all counsel) (former emp) (Entered: 02/14/1997)
431 MOTION for new trial by dft [431-1] and /or for relief from order dated 2/14/97 by dft [431-2] (former emp) (Entered: 03/03/1997)
432 MOTION to stay Pending Decision on Mtn for new trial and/or mtn for relief from jgm by dft [432-1] (former emp) (Entered: 03/03/1997)
433 MOTION to accelerate hearing on motion to stay Pending Decision on Mtn for new trial and/or mtn for relief from jgm by dft motion for new trial by dft [431-1], motion for relief from order dated 2/14/97 by dft [431-2] by dft [433-1] (former emp) (Entered: 03/03/1997)
434 ATTORNEY APPEARANCE(Ntc of Assoc of Cnsl) for dfts Thomas J. Dennis (former emp) (Entered: 03/03/1997)
435 MOTION to terminate consent decree by dft [435-1] (PAB) (Entered: 03/04/1997)
436 MOTION to modify consent decree re: population limits by dft [436-1] (PAB) (Entered: 03/04/1997)
437 MOTION for extention of consent decree & mem in suppt by pla [437-1] (PAB) (Entered: 03/04/1997)
438 Pla opposition to dft mot for accel hrg & mot for stay and CROSSMOTION to extend time to resp to dft motions by pla [438-1] (RE: [4331], [432-1] ) (PAB) (Entered: 03/04/1997)
439 MOTION to intervene by J Fife Symington, State of Arizona [439-1] (former emp) (Entered: 03/05/1997)
440 MEMORANDUM IN SUPPORT by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona of motion to intervene by J Fife Symington, State of Arizona [439-1] (former emp) (Entered: 03/05/1997)
441 MOTION to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-1] , dismiss intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-2] (former emp) (Entered: 03/05/1997)
442 MEMORANDUM IN SUPPORT by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona of motion to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenordefendant State of Arizona [441-1], motion dismiss intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-2] (former

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03/05/1997
03/07/1997 03/10/1997 03/13/1997 03/13/1997
03/13/1997 03/13/1997
03/14/1997 03/14/1997
03/17/1997 03/18/1997

emp) (Entered: 03/05/1997)
443 ORDER by Judge Richard M. Bilby denying motion to accelerate hearing on motion to stay Pending Decision on Mtn for new trial and/or mtn for relief from jgm by dft motion for new trial by dft [431-1] [432-1], re: motion for new trial by dft [431-1] and re: motion for relief from order dated 2/14/97 by dft [431-2]; Pla shall file a response on or before 3/20/97 cs mgmt ddl satisfied (cc: all counsel) (former emp) (Entered: 03/12/1997)
444 MOTION to extend time to file responses by pla [444-1] (former emp) (Entered: 03/12/1997)
445 ORDER with attached Committee of Consultants Recommendations, that parties have until 3/14/97 to file any objections otherwise Ct will adopt Committee's recommendations as proposed by Judge Richard M. Bilby (cc: all counsel) re: order [445-1] (former emp) (Entered: 03/12/1997)
446 MOTION (Request)to extend time to file response to Pla's mtn for Extension of Consent Degree by dft [446-1] (former emp) (Entered: 03/13/1997)
447 STIPULATION that plas have until 4/15/97 to respond to Def's mtn to terminate Consent Degree & Def's mtn to modify Consent Degree re: Pop Limits and that def's have until 4/15/97 to respond to Pla's mtn fro extension of Consent Degree and Mem in Support (former emp) (Entered: 03/13/1997)
448 ORDER by Judge Richard M. Bilby resetting motion for new trial by dft [431-1] at 2:00 3/25/97, resetting motion for relief from order dated 2/14/97 by dft [431-2] at 2:00 3/25/97, telephonic conference (cc: all counsel) (former emp) (Entered: 03/19/1997)
449 ORDER by Judge Richard M. Bilby granting stipulation that pla have until 4/15/97 to respond to def's mtn to terminate consent degree & def's mtn to modify consent decree re: population limits and defs have until 4/15/97 to respond to pla's mtn for extension of consent decree & mem in support(cc: all counsel) (former emp) (Entered: 03/19/1997)
450 1997-1998 Secure Bed Plan REPORT from Az Dept of Juvenile Corrections (former emp) (Entered: 03/19/1997)
451 ORDER by Judge Richard M. Bilby approving 1997-1998 Secure Bed Plan report; final approval is contigent upon executive branch & legislative funding, bed capacities at AMD, Rincon, Cholla & SRJCC can be increased incrementally to approved pop levles as Comm of Consultants certifies to CT (cc: all counsel) (former emp) (Entered: 03/19/1997)
452 Amended 7th Semi-Annual REPORT of Implementation of Consent Decree by ADJC (former emp) (Entered: 03/19/1997)
453 RESPONSE by dft, intervenor-defendant to motion to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenor-

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03/18/1997 03/19/1997
03/20/1997 03/20/1997 03/20/1997 03/20/1997 03/21/1997
03/21/1997 03/24/1997
03/24/1997 03/24/1997 03/24/1997 03/24/1997 03/25/1997

defendant State of Arizona [441-1] (MRP) (Entered: 03/21/1997)
454 NOTICE OF HEARING by dft setting motion to intervene by J Fife Symington, State of Arizona [439-1] at 2:00 3/25/97 (former emp) (Entered: 03/21/1997)
458 CERTIFICATE of Service that the Comm of Consultant's Stmt re: Def's viol of Facility Capacity limits & resulting fine for 2/14/97 thru 3/14/97 was mailed to Ronald A Lebowitz, David Lambert, Grace McIlvain and USDC-Tucson (former emp) (Entered: 03/24/1997)
455 MOTION to extension of Cosent Decree by pla [455-1] (former emp) (Entered: 03/21/1997)
456 MEMORANDUM IN SUPPORT by pla of motion to extension of Cosent Decree by pla [455-1] (former emp) (Entered: 03/21/1997)
457 MOTION to exceed the page limit for response to def's mtn for new trial and/or relief from order dated 2/14/97 by pla [457-1] (former emp) (Entered: 03/21/1997)
LODGED Pla's response to def's mtn for new trial and/or relief for order dated 2/14/97 (former emp) (Entered: 03/21/1997)
459 SUPPLEMENTAL to Motion for new trial for relief from judgement by dft to [431-1], to [431-2]and/or Emergency mtn for stay pending decision on mtn for new trial and relief from jgm (former emp) Modified on 04/01/1997 (Entered: 03/25/1997)
459 Emergency MOTION to stay pending decison on mtn for new trial and /or mtn for relief from jgm; Def's supplement to mtn for new trial by dft [459-1] (former emp) Modified on 04/01/1997 (Entered: 04/01/1997)
460 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit for response to def's mtn for new trial and/or relief from order dated 2/14/97 by pla [457-1] (cc: all counsel) (former emp) (Entered: 03/25/1997)
461 RESPONSE by pla to motion for new trial by dft [431-1], motion for relief from order dated 2/14/97 by dft [431-2] (former emp) (Entered: 03/25/1997)
462 REPLY by intervenor-defendant Fife Symington & Az Constitutional Defense cnsl to Atty Generals opposition motion response [453-1]to motion to intervene (former emp) (Entered: 03/25/1997)
463 MOTION to exceed the page limit for reply in support of mtn for new trial/and or relief from order of 2/14/97 by dft [463-1] (former emp) (Entered: 03/25/1997)
LODGED Def's reply in support of mtn for new trial and or for relief from order dated 2/14/97 (former emp) (Entered: 03/25/1997)
464 Notice and ORDER by Judge Richard M. Bilby constitutes certification to Atty general of US as req by 28 USC 2403 as this questions the

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03/25/1997 03/25/1997 03/25/1997
03/26/1997 03/26/1997 03/31/1997 03/31/1997 03/31/1997 03/31/1997

consitutionality of an Act of Congress(cc: all counsel) re: order [464-1] (former emp) (Entered: 03/26/1997)
465 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit for reply in support of mtn for new trial/and or relief from order of 2/14/97 by dft [463-1] (cc: all counsel) (former emp) (Entered: 03/26/1997)
466 REPLY in support by dft to pla's response to motion for new trial by dft [431-1], motion for relief from order dated 2/14/97 by dft [431-2] (former emp) (Entered: 03/26/1997)
469 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Dianne Davenport re: motion to extension of Cosent Decree by pla [455-1] [455-1], re: motion (Request)to extend time to file response to Pla's mtn for Extension of Consent Degree by dft [446-1] [446-1], re: motion to extend time to file responses by pla [444-1], re: motion to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-1], re: motion dismiss intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-2], granting motion to intervene by J Fife Symington,and stayed as to Consitutional Defense Council-State of Arizona [439-1], setting motion for new trial by dft at 1:45 4/28/97, setting motion for relief from order dated 2/14/97 by dft [431-2] at 1:45 4/28/97, re: motion to time to resp to dft motions by pla [438-1] , re: motion for extention of consent decree & mem in suppt by [437-1], re: motion to modify consent decree re: population limits by dft [436-1], re: motion to terminate consent decree by dft[435-1], re: motion to Modify Consent Degree by dfts [425-1], re: dismiss Lawsuit by dfts [425-2] setting at 9:00 3/31/97 (see ME, 14 mtns total set for hrg on 4/28/97 at 1:45[cc: all cnsl, RMB] [469-1] (former emp) Modified on 08/12/1998 (Entered: 03/28/1997)
467 Ntc of filing Original AFFIDAVIT of Eugene Moore (former emp) (Entered: 03/27/1997)
468 NOTICE by pla of Drawing in Question the Constitutionality of Act of Congress (former emp) (Entered: 03/27/1997)
470 MOTION to stay Accrual of Contempt Fines nunc pro tunc from entry of the 2/14/97 contempt order by intervenor-defendant J Fife Symington [470-1] (former emp) (Entered: 04/01/1997)
471 RESPONSE by pla to emergency motion to stay pending decison on mtn for new trial and /or mtn for relief from jgm; Def's supplement to mtn for new trial by dft [459-1] (former emp) (Entered: 04/01/1997)
472 MEMORANDUM RE; Application of PLRA's automatic stay to Pending Motions by dft (former emp) (Entered: 04/01/1997)
474 MINUTE ENTRY Judge Inits: ACM Crt Rptr: B.Brunotte taking under advisement on 3/31/97 the motion to stay Accrual of Contempt Fines nunc pro tunc from entry of the 2/14/97 contempt order by intervenordefendant J Fife Symington [470-1] [cc: all counsel] [474-1] (former

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04/01/1997
04/14/1997 04/15/1997 04/15/1997 04/15/1997 04/15/1997 04/15/1997 04/15/1997
04/15/1997 04/15/1997

emp) (Entered: 04/02/1997)
473 ORDER by Judge Richard M. Bilby denying memorandum re: PLRA's Automatic Stay to Pending Mtns as automatic stay in Prison Lit Reform Act is unconstitutional & will not tkae effect pending Ct's decision of def's mtn to terminate Consent Degree; granting motion to stay pending decison on mtn for new trial and /or mtn for relief from jgm; Def's supplement to mtn for new trial by dft as to entent payment of fine to clerk of court is stayed but contempt fine will cont to accrue in accordance w/2/14/97 ct's order [459-1] (cc: all counsel) (former emp) (Entered: 04/02/1997)
475 OBJECTIONS by dft to Seventh Amended report [452-1] (former emp) (Entered: 04/15/1997)
476 WITNESS LIST by intervenor-defendant J Fife Symington (former emp) (Entered: 04/15/1997)
477 OBJECTIONS by intervenor-defendant J Fife Symington to amended semi-annual report of the comm of consultants [452-1] (former emp) (Entered: 04/15/1997)
478 MOTION to exceed the page limit as to brief on pending mtns to terminate, to extend consent decree & for relief from contempt order by intervenor-defendant J Fife Symington [478-1] (former emp) (Entered: 04/15/1997)
LODGED Gov. Symington's Brief on Pending motions to terminate, to extend consent decree & for relief from contempt order (former emp) (Entered: 04/15/1997)
479 ORDER by Judge Richard M. Bilby granting motion to exceed the page limit as to brief on pending mtns to terminate, to extend consent decree & for relief from contempt order by intervenor-defendant J Fife Symington [478-1] (cc: all counsel) (former emp) (Entered: 04/15/1997)
480 BRIEF FILED by intervenor-defendant J Fife Symington regarding motion to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-1], regarding motion for relief from order dated 2/14/97 by dft[431-2], regarding motion to modify consent decree re: population limits by dft [436-1] , regarding motion to terminate consent decree by dft [435-1], regarding motion to Modify Consent Degree by dfts [425-1], regarding motion dismiss Lawsuit by dfts [425-2] (former emp) (Entered: 04/15/1997)
481 RESPONSE by pla to motion to modify consent decree re: population limits by dft [436-1], motion to Modify Consent Degree by dfts [425-1] (former emp) (Entered: 04/15/1997)
482 RESPONSE by pla to motion to terminate Injunctive Relief by intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-1], motion dismiss intervenor-defendant J Fife Symington, intervenor-defendant State of Arizona [441-2], motion to terminate

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04/15/1997 04/15/1997
04/15/1997 04/15/1997
04/21/1997
04/22/1997
04/22/1997 04/22/1997
04/22/1997 04/22/1997 04/23/1997 04/24/1997 04/25/1997 04/28/1997 04/28/1997 04/28/1997

consent decree by dft [435-1] (former emp) (Entered: 04/15/1997)
483 WITNESS LIST by pla (former emp) (Entered: 04/16/1997)
484 RESPONSE to pla's motion for 2 yrs entension of Consent Decree by dft and AMENDED-MOTION for extension of Consent Decree by dft [4841] (RE: [455-1] ) (former emp) (Entered: 04/16/1997)
485 WITNESS LIST for April 28 hearing by dfts (former emp) (Entered: 04/16/1997)
486 NOTICE by pla of Service of mailing of Pla's Response to Def's * Intervenor's Motions to Modify Consent Decree and Pla's Response to Def's mtn to terminate Consent Decree & Intervenor's Motion to Terminate Injunc Relief and to Dism (former emp) (Entered: 04/17/1997)
487 ORDER by Judge Richard M. Bilby re: order [408-1]of 6/19/96 is reaffirmed and 34 youths maybe housed in the Encanto Unit under the restrictions of the prior order (cc: all counsel) (former emp) (Entered: 04/22/1997)
488 ORDER that submitted report entitled Current Status of Compliance w/Consent Decree be filed by Judge Richard M. Bilby (cc: all counsel) re: order [488-1] (former emp) (Entered: 04/22/1997)
489 REPORT-Current Status of Compliance with the Consent Decree (former emp) (Entered: 04/22/1997)
490 ORDER that Ntc to Defnts as to teh amt of the fine for the period of 3/17/97 thru 4/14/97 be filed by Judge Richard M. Bilby (cc: all counsel) re: order [490-1] (former emp) (Entered: 04/22/1997)
491 NOTICE to Defts as the amt of fine for 3/17/97 thru 4/14/97 (former emp) (Entered: 04/22/1997)
492 REPLY by dft to response to motion to terminate consent decree by dft [435-1] (former emp) (Entered: 04/24/1997)
493 EXHIBITS(Deposition Excerpts)referenced in Gov Symington's brief (Re: [480-1] (former emp) (Entered: 04/24/1997)
494 REPLY BRIEF FILED by pla regarding motion to extension of Consent Decree by pla [455-1] (former emp) (Entered: 04/24/1997)
495 MEMORANDUM in response to amended findings of committee of consultants by dft re [452-1] (former emp) (Entered: 04/25/1997)
496 OBJECTIONS by dft to report "current status of compliance with consent decree"[489-1] (former emp) (Entered: 05/01/1997)
497 AFFIDAVIT of Eugen Moore & Alan wright in support of memorandum [495-1] (former emp) (Entered: 05/01/1997)
498 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Cathy Schwader re: report 1997-98 Expansion Plan[450-1]; Defts have until 5/2/97 at 5pm to notify

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05/02/1997
05/05/1997 05/05/1997 05/06/1997 05/06/1997 05/07/1997 05/08/1997
05/08/1997 05/12/1997 05/13/1997 05/16/1997 06/09/1997 06/27/1997

CT whether they will agree to immediate termination of Consent Decree & certify that 1997-98 Expansion Plan is fully implemented; if Defts do not accept this option, CT will rule on all pending motions [cc: all cnsl, RMB] [498-1] (former emp) (Entered: 05/05/1997)
501 ORDER by Judge Richard M. Bilby granting motion to extension of Consent Decree by pla [455-1], staying the motion for new trial by dft [431-1] and motion for relief from order dated 2/14/97 by dft [431-2] , granting motion for extention of consent decree & mem in suppt by pla [437-1], granting motion to modify consent decree re: population limits by dft [436-1]; all remaining motions are denied as moot (cc: all counsel) (former emp) (Entered: 05/05/1997)
499 ATTORNEY SUBSTITUTION: terminating attorney Ronald A Lebowitz and substituting attorney Dean Edward Brekke (former emp) (Entered: 05/05/1997)
500 MEMORANDUM by pla re [498-1]Ct's proposal on consent decree (former emp) (Entered: 05/05/1997)
502 MOTION to clarify order of 5/2/97 and Memorandum in support by pla [502-1] (former emp) (Entered: 05/06/1997)
502 Motion to Clarify order of 5/2/97 and MEMORANDUM IN SUPPORT by pla of motion to clarify order of [502-1] (former emp) (Entered: 05/06/1997)
503 RESPONSE by intervenor-defendant J Fife Symington to motion to clarify order of 5/2/97 and Memorandum in support by pla [502-1] (former emp) (Entered: 05/08/1997)
504 ORDER by Judge Richard M. Bilby granting motion to clarify order of 5/2/97 and Memorandum in support by pla [502-1]; that Ct clarifies its 5/2/97 order to the extent that the SEcure Bed Expansion Plan is the plan dated 4/30/97 (cc: all counsel) (former emp) (Entered: 05/09/1997)
505 RESPONSE by dft, intervenor-defendant to minute entry * Ct's proposal re: Secure Bed Expansion Plan [498-1] (former emp) (Entered: 05/09/1997)
506 TRANSCRIPT of Motions Hearing by Court Reporter: Cathy Schwader for the following date(s): 4/28/97 at 1:56pm (former emp) (Entered: 05/13/1997)
507 RESPONSE by dft to motion to clarify order of 5/2/97 and Memorandum in support by pla [502-1] [502-1] (former emp) (Entered: 05/14/1997)
508 MOTION for award of attorney's fees by pla [508-1] , for costs by pla [508-2] (former emp) (Entered: 05/16/1997)
509 NOTICE by pla's attorney of change of address (former emp) (Entered: 06/11/1997)
510 STIPULATION Extending Time to File Memorandum and Declarations

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07/02/1997 08/25/1997
09/15/1997 09/24/1997 09/26/1997 10/01/1997
10/08/1997 10/27/1997 11/26/1997 12/23/1997 01/26/1998 02/26/1998 03/02/1998
03/30/1998 04/28/1998

in support of Pla's mtn for award of reasonable Attorney fees (former emp) (Entered: 06/30/1997)
511 ORDER by Judge Richard M. Bilby granting stipulation for filing pla's memoradum in support of mtn for atty fees to 8/15/97(cc: all counsel) (former emp) (Entered: 07/03/1997)
512 ORDER by Judge Richard M. Bilby re: motion for award of attorney's fees by pla [508-1], re: motion for costs by pla [508-2], that stip/form or order be filed no later than 9/18/97 (cc: all counsel) (former emp) (Entered: 08/28/1997)
513 ORDER by Judge Richard M. Bilby that Dfts having undertaken to implement their ; status report due 9/26/97 & every 30 days therafter (cc: all counsel) (former emp) (Entered: 09/16/1997)
514 STIPULATION for Judgment of Attorney Fees by pla, dft (former emp) (Entered: 09/25/1997)
515 STATUS REPORT by dft re: progress toward completion of 4/30/97 secure bed plan (MRP) (Entered: 09/29/1997)
516 JUDGMENT & ORDER by Judge Richard M. Bilby granting stipulation that plas shall be awarded $34,433.00 in full satisifaction of atty fees & costs incurred to date, including statutory interest(cc: all counsel) (former emp) (Entered: 10/06/1997)
517 NOTICE of Satisifaction of Award of $34,433.00 for atty fees & costs awards by dft (former emp) (Entered: 10/09/1997)
518 2nd STATUS REPORT by dft re: Progress toward completion of 4/30/97 secure bed plan (former emp) (Entered: 10/29/1997)
519 Defendants 3rd status rpt: progress toward completion of 4/30/97 secure bed plan (PAB) (Entered: 12/01/1997)
520 Fourth STATUS REPORT re progress toward completion of 4/30/97 secure bed plan by dfts (BAR) (Entered: 12/29/1997)
521 Defendant's Fifth STATUS REPORT RE: Progress toward completion of 4/30/97 Secure Bed Plan (former emp) (Entered: 01/27/1998)
522 Defendants' Sixth STATUS REPORT re: Progress toward completion of 4/30/97 Secure Bed Plan (former emp) (Entered: 02/27/1998)
523 ORDER by Judge Richard M. Bilby: The committee of consultants conduct a site visit & report to the Court a a status hearing ; status hearing set for 1:30 4/28/98 (cc: all counsel) (PAB) (Entered: 03/03/1998)
524 Defendants' Seventh STATUS REPORT re: Progress toward completion of 4/30/97 Secure Bed Plan by dft (former emp) (Entered: 03/31/1998)
525 MINUTE ENTRY Judge Inits: RMB Crt Rptr: Beth Harper, ECR. status hearing held. Comm of Consults to conduct a site visit after 11/1/98 and

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04/28/1998 04/29/1998
05/15/1998
07/31/1998 09/16/1998 09/30/1998 10/08/1998 11/12/1998 11/18/1998 11/24/1998
12/04/1998
12/08/1998

provide rpt to the Ct. re: dfts' compliance w/its expan. plan. [cc: counsel, RMB ] [525-2] (MEG) (Entered: 04/29/1998)
526 STATUS REPORT by Committee of Consultants re: Secure Bed Expansion Plan of 4/30/97 (former emp) (Entered: 04/30/1998)
527 ORDER by Judge Richard M. Bilby ; in court hearing set for 3:30 12/4/98 ; Department shall certify to the Crt on or bfr 11/1/98 that it has implemented its 4/30/98 Expansion Plan, Committee of Consultants shall then conduct a site visit & report to the Crt (cc: all counsel) (former emp) (Entered: 04/30/1998)
528 LETTER from intervenor-defendant J Fife Symington, intervenordefendant State of Arizona that Lisa Daniels is currently General Counsel to Governor instead of Andrew Peyton Thomas, per RL term Andrew Thomas & add Lisa Daniels (former emp) (Entered: 05/15/1998)
529 STATUS REPORT by dft (PAB) (Entered: 08/03/1998)
530 Defendant's Ninth STATUS REPORT RE: Progrss toward Completion of 4/30/97 Secure Bed Plan by dft (former emp) (Entered: 09/17/1998)
531 ORDER by Judge Robert C. Broomfield Case reassigned to Robert H. Whaley (with notice sent) (cc: all counsel) (former emp) (Entered: 09/30/1998)
532 Defendants Tenth STATUS REPORT RE: Progress towards Completion of 4/30/97 Secure Bed Plan by dfts (former emp) (Entered: 10/09/1998)
533 CERTIFICATION of completiton of 4/30/97 secure bed plan by dft (KDT) (Entered: 11/13/1998)
534 AMENDED CERTIFICATION of Completion of 4/30/97 Secure Bed Plan by dft to [533-1] (former emp) (Entered: 11/19/1998)
535 MINUTE ORDER re: [533-1] ; cs mngmnt ddl set for 11/30/98 for all objections to Secure Bed Plan to be filed; this reaffirms the evidentiary hrg set for 12/4/98 at 3:30pm(cc: all counsel) [535-2] (former emp) (Entered: 11/24/1998)
536 ORDER by Robert H. Whaley Dft are hereby in compliance with the 4/30/97 expansion plan & Court's prior orders; the Court's 2/14/97 contempt order is hereby vacated & the fine entered therein expunged; all pending mtn are denied as moot and the Clerk is directed to close this case herewith terminating case (cc: all counsel) (PAB) (Entered: 12/04/1998)
537 MINUTE ENTRY Judge Inits: RHW Crt Rptr: Debra Clark Telephonic conf held 11/23/98. Meeting with the committee members: Peter Leone, Russ VanVleet & Allen Brede. Court asks parties to brief the Court. Court summarizes his understanding of Judge Bilby's thinking. Court suggest that they may appear by phone during the 12/4/98 hrg. Members shall call the Court conference line on 12/4/98. [cc: all cnsl] [537-1] re: minute entry [537-1] (PAB) (Entered: 12/08/1998)

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12/08/1998
03/29/2000 06/28/2000

538 MINUTE ENTRY Judge Inits: RHW Crt Rptr: Barbara Brodrick Hearing held 12/4/98 re: Compliance with dft expansion plan. Dr Peter Leone advises the court on the record after conducting a site visit, reports that dft are now in compliance with their expansion plan & recommends that the Court vacate the 2/14/97 contempt order & so ordered by the Court. vacating [428-2] order. Clerk directed to close this case [cc: all cnsl] [538-1] (PAB) (Entered: 12/08/1998)
539 MOTION (Letter format) for copy of the whole as individual indicates that he was a pla in this matter, by Marcos Lee Gillam #97978, Arizona State Prison Complez-Eyman, PO Box 4000 SMUI (3-B-37) Florence Arizona 85232-4000 [539-1] (former emp) (Entered: 04/04/2000)
540 ORDER by Robert H. Whaley denying motion for copy of the whole as individual indicates that he was a pla in this matter, by Marcos Lee Gillam #97978, Arizona State Prison Complez-Eyman, PO Box 4000 SMUI (3-B-37) Florence Arizona 85232-4000 [539-1] (cc: all counsel) (former emp) (Entered: 06/28/2000)

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