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ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0100 ♦ Fax: (602) 265-0267

Joel B. Robbins, Esq. (011065)

Jesse M. Showalter, Esq. (026628)

ROBBINS & CURTIN, p.l.l.c.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Tel: (602) 285-0100

Fax: (602) 265-0267

joel@robbinsandcurtin.com

jesse@robbinsandcurtin.com

Attorneys for Putative Intervenor Lei Ann Stickney

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Mussalina Muhaymin,

Plaintiff,

v.

City of Phoenix, et al.,

Defendants.

No. 2:17-cv-04565-DLR

INTERVENOR LEI ANN STICKNEY’S 

MOTION TO INTERVENE 

AND MOTION TO MODIFY 

PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 24(b), Lei Ann Stickney (“Ms. Stickney”) hereby moves 

to intervene in this matter for the limited purpose of modifying the protective orders sealing 

all docket entries related to the Court’s summary judgment ruling in this matter. Ms. 

Stickney joins in the motions to intervene and modify protective order that have already 

been filed at Dkt. 356, 357, and 358. Ms. Stickney seeks to intervene in her capacity as a 

plaintiff bringing her own claims against the City of Phoenix for the death of her son, Casey 

Wells. 

I. Introduction.

Our common law system requires that litigants have access to the facts of similar and 

related cases, the arguments made in those cases, and the ultimate rulings in such cases. This 

is especially true in civil rights cases brought under 42 U.S.C. § 1983.

Litigants seeking to hold a municipality liable for a civil rights violation are generally 

required to show a pattern of similar prior incidents. See, e.g., City of Canton, Ohio v. Harris, 
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ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0100 ♦ Fax: (602) 265-0267

489 U.S. 378, 399 (1989). This showing cannot be made if the facts of litigated prior 

incidents are sealed. 

Individual defendants in civil rights cases frequently assert that they are entitled to 

qualified immunity if the “unlawfulness of [their] conduct...was not clearly established.” 

Pearson v. Callahan, 555 U.S. 223, 245, 129 S. Ct. 808, 823, 172 L. Ed. 2d 565 (2009). A 

plaintiff cannot contest an officer’s claim of qualified immunity if the caselaw establishing 

the contours of a specific constitutional right has been sealed.

Ms. Stickney is the surviving mother of Casey Wells, who died on February 4, 2019,

while being restrained by City of Phoenix police officers. Casey Wells had a history of drug 

use and mental illness. Casey died after he was handcuffed, hobbled, restrained, and tased 

by seven City of Phoenix police officers. Ms. Stickney filed a civil rights and wrongful death 

action against the City of Phoenix and individual Phoenix police officers that is currently 

pending in this district as Stickney v. City of Phoenix, et al., 2:20-cv-01401-SMB (the 

“Stickney Lawsuit”). In the Stickney Lawsuit, Ms. Stickney is asserting that the City of 

Phoenix and individual officers violated Casey Wells’ rights and caused his death.

Permissive intervention to modify the protective order is appropriate because the 

Stickney Lawsuit and this lawsuit involve common questions of fact and law. Ms. Stickney 

is attempting to prove that her son died as a result of the City of Phoenix’s policies, customs,

and training related to restraint and mental illness. In the Stickney Lawsuit, the individual 

officers have asserted the defense of qualified immunity. The summary judgment briefing, 

oral argument, and the Court’s ruling on summary judgment are directly relevant to those 

issues.

II. Factual and procedural background of the Stickney Lawsuit.

On February 4, 2019, Phoenix police officers responded to a call of a naked man 

standing on a residential Phoenix street. Officer Arnold—the first to arrive on scene—found 

Casey standing in the street, naked, and unarmed. Casey’s arms were raised, and he was 

yelling at the sky, “talking to God.” It was obvious that Casey was mentally or emotionally 

disturbed. Sgt. Rodarme arrived on scene next. Arnold and Rodarme attempted to arrest 
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ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0100 ♦ Fax: (602) 265-0267

Casey. When Casey pulled his arms away, a struggle ensued. Arnold and Rodarme grabbed 

Casey and took him to the ground. Casey struck his head on the asphalt. 

Officers rolled Casey onto his stomach. One officer grabbed Casey’s legs and bent 

them toward his buttocks. Casey was pinned face-down with five officers on top of him and 

with his left arm pinned beneath his body. Officer Seaquist deployed his taser into Casey’s 

back four times. Casey’s hands were handcuffed behind his back. 

More officers arrived on scene. Casey remained laying face-down in handcuffs, 

“subdued,” with five officers holding him down while two officers placed Casey’s legs in 

RIPP Restraints. Officer Seaquist tased Casey a fifth time. Casey was restrained in handcuffs 

and had six officers applying force to hold him down.

Officer Seaquist then deployed his taser into Casey a fifth time, while Officers 

Arnold, Rodarme, Funston, Long, Haynes, and Yamane applied pressure to Casey’s neck, 

back, and legs. Casey became unresponsive. He was transported to John C. Lincoln Hospital 

where he died.

The Maricopa County Medical Examiner determined that Casey’s death was caused 

by “cardiac dysrhythmia and arrest due to methamphetamine intoxication, acute psychosis, 

arteriosclerotic cardiovascular disease, and physical restraint with prone positioning and 

possible extrinsic chest compression.” The autopsy also revealed multiple fractures of the 

cartilage in Casey’s neck. 

Ms. Stickney filed suit against the City of Phoenix for the wrongful death of Casey.

See Plaintiff’s Second Amended Complaint, (Stickney v. City of Phoenix, et al.), Dkt. 1-3.

That lawsuit is currently pending in this District before Judge Brnovich. The City of Phoenix 

moved to dismiss Ms. Stickney’s claims. On March 23, 2021, the Court issued its order 

permitting Ms. Stickney’s constitutional claims to proceed against the City of Phoenix and 

the individual officers. See Order, (Stickney v. City of Phoenix, et al.), Dkt. 37. Discovery is 

ongoing in the Stickney Lawsuit, and the City of Phoenix has not sought a protective order 

and the pleadings are not under seal. 
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ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0100 ♦ Fax: (602) 265-0267

In her lawsuit, Ms. Stickney alleges that the City of Phoenix’s policies, customs, and 

practices caused Casey’s death. Specifically relevant here, Ms. Stickney has alleged that the 

City of Phoenix failed to train its officers regarding the use of prone restraint and the dangers 

of positional asphyxia, and failed to train its officers regarding interactions with individuals 

who are “mentally disturbed, whether because of mental illness or intoxication.” Id., at p. 

10. Ms. Stickney also alleged that Phoenix encouraged officers to escalate situations and 

created a culture of impunity that fostered the use of excessive force. Id.

Given the similarity between her own claims, and the claims brought in this suit, the 

summary judgment briefing, oral argument, and order in this case will most likely affect the 

controlling law in Ms. Stickney’s suit against the City of Phoenix.

III. The Court should permit Lei Ann Stickney to intervene for the limited purpose 

of modifying the protective orders and unsealing documents.

Ms. Stickney joins in the arguments for intervention and modification of the 

protective order already pending before the Court. See Dkts. 356, 357, and 358. Ms. Stickney 

also sets forth an additional basis for intervention and modification of the protective order: 

to protect the rights of other litigants and potential litigants with claims against the City of 

Phoenix.

IV. Conclusion

Lei Ann Stickney respectfully requests that she be permitted to intervene in this 

matter for purposes of modifying the protective orders sealing the summary judgment order 

and the related briefing. 

RESPECTFULLY SUBMITTED: September 27, 2021

Robbins & Curtin, p.l.l.c.

By: /s/ Jesse M. Showalter

Joel B. Robbins

Jesse M. Showalter

301 E. Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Attorneys for Putative Intervenor 

Lei Ann Stickney
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ROBBINS 

&

CURTIN, P.L.L.C.

301 East Bethany Home Road, Suite B-100

Phoenix, Arizona 85012

Telephone: (602) 285-0100 ♦ Fax: (602) 265-0267

CERTIFICATE OF SERVICE

I hereby certify that on September 27, 2021, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF system for filing and transmittal of a 

Notice of Electronic Filing to the following CM/ECF registrants:

David A. Chami

Price Law Group, PC

8245 N. 85th Way

Scottsdale, AZ 85258

david@pricelawgroup.com

Attorney for Plaintiff

Daniel J. O’Connor

Travis Hill

O’Connor & Dyet PC

7955 S. Priest Drive

Tempe, AZ 85284

daniel.oconnor@occlaw.com

travis.hill@occlaw.com

Attorneys for Defendants

Brian J. Theut

Theut, Theut & Theut P.C.

5150 N. 16th Street, Suite B-236

Phoenix, AZ 85016

brian@theutlaw.com

Attorneys for Plaintiff A.M.

Sanaa Ansari

Muslim Advocates

P.O. Box 34440

Washington, D.C. 20043

sanaa@muslimadocates.org

Attorneys for Putative Intervenor Muslim 

Advocates

Gregg P. Leslie

Tayler Brown

ASU Sandra Day O’Connor College of Law

Public Interest Law Firm

111 E. Taylor Street, Mail Code 8820

Phoenix, AZ 85004

gregg.leslie@asu.edu

tbrown45@asu.edu

Attorneys for Intervenor The Associated Press

/s/ Julie W. Molera