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MARK BRNOVICH

Attorney General

CYNTHIA D. STARKEY, Bar No. 013418

TIMOTHY WATSON, Bar No. 018685

Assistant Attorneys General

2005 North Central Avenue

Phoenix, Arizona 85004-1592

(602) 542-7612 – CDS

(602) 542-8346 – TW 

Fax: (602) 542-3393

Cynthia.Starkey@azag.gov

Timothy.Watson@azag.gov

Attorneys for Defendants

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Montiah Chatman, individually and on 

behalf of her two minor children, J.L.C. and 

E.V.T.P.,

Plaintiffs,

vs.

Marci D. Ferrell, Cindy Chrisman and John 

Sullivan,

Defendants.

Case No: 17-cv-03826-PHX-DLR

DEFENDANTS’ PROPOSED 

MODIFICATIONS TO STATEMENT 

OF THE CASE AND PROPOSED 

JUROR QUESTIONS

Pursuant to this Court’s Order (Doc. 155), Defendants Ferrell, Chrisman and 

Sullivan, submit their proposed modifications to the Statement of the Case1 and proposed 

juror questions.

I. PROPOSED MODIFICATIONS TO STATEMENT OF THE CASE:

Plaintiff Montiah Chatman alleges that, on or about January 4, 2017,

Defendants Marci Ferrell and Cindy Chrisman, employees at the

Arizona Department of Child Services (“ADCS”), under the direction of

after consulting with John Sullivan of the Arizona Attorney General’s

Office, unlawfully removed her children from her home in violation of her

 1 Additions are in bold, deletions are stricken through.

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and her sons’ Fourth Amendment rights and in violation of Arizona State

law. Defendants deny removal was unlawful.

Defendants request the above modifications because it is undisputed that Ferrell 

and Chrisman consulted another AAG, not John Sullivan, who opined that removal was 

warranted under the circumstances. Ferrell consulted AAG Sullivan regarding the 

legalities of gaining access to the home in which Montiah Chatman was staying with her 

youngest son E.V.T.P. which was owned by someone else. Additionally, Ferrell 

removed E.V.T.P. from Montiah Chatman’s custody, but she removed J.L.C. from his 

maternal grandmother’s home where he was staying at the time. 

II. PROPOSED JUROR QUESTIONS:

Defendants request that the following three questions be added to the jurors’

questionnaire:

1. During the relevant events in this case, Defendants Ferrell and Chrisman 

worked for Arizona’s child welfare agency, the Arizona Department of Child Safety or 

DCS (formerly known as Arizona Child Protective Services or CPS). Have you or any 

family members or close friends had any experiences with DCS or CPS that could affect 

your ability to be a fair and impartial juror in this case?

2. Have you ever been involved in any way with an investigation of suspected 

child abuse or neglect, and if so will that experience affect how you evaluate this case?

3. Have you or anyone you know ever had their children removed from their 

custody by DCS, CPS, or any other State’s child welfare agency?

Respectfully submitted this 27th day of January, 2021.

Mark Brnovich

Attorney General

/s/ Cynthia Starkey

Cynthia D. Starkey

Timothy Watson

Assistant Attorneys General

Attorneys for the State Defendants

Case 2:17-cv-03826-DLR Document 156 Filed 01/27/21 Page 2 of 3
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Original of the foregoing electronically

filed this 27th day of January, 2021, with:

Clerk of the United States District Court

using the CM/ECF System for filing and 

Transmittal of a Notice of Electronic Filing 

to the following registrants:

Martin A. Bihn

Donna M. McDaniel

Bihn & McDaniel, P.L.C.

2600 North Central Avenue, Suite 1775

Phoenix, Arizona 85004

Attorneys for Plaintiffs

Copy of the foregoing emailed this 

27th day of January , 2020, to:

Honorable Douglas L. Rayes

U.S. District Court of Arizona

Rayes_chambers@azd.usacourts.gov

/s/ J. Navarro #9245214

Case 2:17-cv-03826-DLR Document 156 Filed 01/27/21 Page 3 of 3