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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 1 of 10
EXHIBIT 46 

Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 2 of 10
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Mussalina Muhaymin as Personal 

Representative of the Estate of 

Muhammad Abdul Muhaymin, Jr. , 

Plaintiff, 

vs. 

City of Phoenix, an Arizona 

Municipal Corporation; Antonio 

Tarango ; Officer Oswald Grenier; ) 

Offi cer Kevin McGowan ; Officer ) 

Jason Hobe ; Officer Ronalda ) 

Canilao; Officer David Head ; ) 

Officer Susan Heimbinger; ) 

Officer James Clark; Officer ) 

Dennis Lerous; Officer Ryan ) 

Nielson; Officer Steven Wong; ) 

and Doe Supervisors 1- 5, ) 

) 

Defendants. ) 

) -----------------

Case No .: 

17- cv- 04565- PHX- SMB 

VIDEOTAPED DEPOSITION OF - MUHAYMIN 

December 11 , 2019 

3 : 42 p . m. 

Tempe , Arizona 

REPORTED BY : 

Kate E . Roundy , RPR 

Certified Court Reporter 

CCR No . 50582 

MARICOPA REPORTING , INC . 

2801 East Camelback Road 

Suite 200 

Phoenix, Arizona 85016 

MARICOPA REPORTING 

WWW .MARICOPAREPORTI NG . COM 

Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 3 of 10
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Page 19 

MR . CHAMI : This is federal court , and I ' m 

2 allowed to state the basis of my objection . 

3 And this is not coaching , but go ahead and ask 

4 your question . 

5 BY MS . STILLWELL : 

6 Q. Ten days, so around January 1 4th , does that sound 

7 about right? 

8 MR . CHAMI : Objection . Calls for speculation . 

9 Lacks foundation . 

10 BY MS . STILLWELL : 

11 

12 · 

Q. 

A. 

If you know? 

I just knew it was like after -- I didn ' t really 

13 hear about a funeral coming up until afterwards . 

14 

15 

16 

Q. 

A. 

Q. 

17 funeral? 

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19 

A. 

Q. 

20 you know? 

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22 

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24 

A. 

Q. 

A. 

Q. 

Okay . 

I don ' t know . 

Okay . You j u st went with your mom to the 

Yeah . 

Okay . And was your mom married to Muhammad ; do 

No . 

No , you don ' t know , or no , she wasn ' t married? 

She wasn ' t married . 

Okay . Do you recall a time when you and your mom 

25 and your dad all lived together? 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 4 of 10
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A . 

Q. 

A. 

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A. 

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A . 

Q. 

A . 

Q. 

A. 

Q. 

A. 

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Page 20 I 

Yes . 

When was that? 

Around 2011 . 

Okay . And for how long , if you remember? 

He stayed about three months . 

Okay . And how were things during that time? 

It was good . 

And he ultimately left? 

Like what do you mean? Like? 

He didn ' t stay with you and your mom --

No . 

-- in 2011 after those few months? 

After those few months , that 1 s when he left . 

Okay . And during the time that he lived with 

1 5 you , did he put you to bed? 

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A . 

Q. 

A. 

Q. 

A . 

Q. 

A. 

Q. 

A. 

Q. 

Yeah . 

Did he tuck you to bed? 

Yeah . 

Did he read you books? 

No . 

Did he cook dinner or breakfast? 

Yeah . 

Did he take you to school or from school? 

Yes . Yes . 

Did he take you to any activities? 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 5 of 10
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A. 

Q. 

Page 25 

No . 

Okay . Actually your father -- yeah . 

3 After the funeral , did you spend some time with 

4 your Aunt Mussalina? 

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A. 

Q. 

day 

A. 

Q. 

A. 

Q. 

A. 

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phone? 

A. 

Q. 

A. 

Q. 

A. 

Q. 

No . I didn ' t stay the whole funeral , so , no . 

Oh , I ' m talking about after the funeral , any 

Um . 

-- from 2017 to 2019? 

I don ' t think so , no . 

You just don ' t have a memory of it? 

Huh-uh . 

Okay . Did you continue talking to her on the 

Did you text with her at all? 

Did you talk to your brother at all beforehand - -

-- or after? 

21 Now , with your dad , what is your earliest memory 

22 of him? 

23 

24 

A. 

Q. 

Two days before he passed away . 

Okay . When he -- you remember that he lived with 

25 you in 2011? 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 6 of 10
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2 

A. 

Q. 

Page 26 

Yes . 

Okay . And sinc_e_ -- rrom 2011 until 20 1 7 , how 

3 often did you see him? 

4 A. Not often . It was kind of like a reunited- type 

5 thing when r saw im because I had a cbanc_e_ to . 

6 Q. Okay . From 2000 -- welL, a~tua i ty do you know at 

7 any time after you • ~e born unt~l his passing, do you know 

8 if he sent money? 

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10 

A. 

Q. 

11 books? 

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1 4 

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A. 

Q. 

(Nonverbal response.) 

Do _you know if he sent clothing or items or 

:f he had some , he did , t think . I don't know . 

You just don ' t know? 

TH2 COURT REPORTER : Is that a yes or a no? 

THS WITNESS : No . 

THE COURT REPORTER : Than k you. 

1 7 BY MS . STILLWELL : 

1 8 Q. You said that you saw your father two days before 

19 his passing? 

20 

21 

22 

Q. 

A. 

Yes . 

And how did that come about? 

I found out my mom, she went to go see him at tne 

23 .park a lot . And so when I found that out, I was asking 

24 her if I could go see him. 

2 5 Q. Okay . How did you ~ind out your mom was visiting 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 7 of 10
Page 27 

1 him? 

2 A. Because my grandma , they went -- he went -- he 

3 went to my grandma ' s clinic . So then she told me, did you 

4 know that your dad was here and your mom was seeing" him? 

5 nnd I said no . 

6 So then I asked my mom if I couLd go see him. 

7 Q. Okay . So your g~a~dma ' s clinic, this is yoU+" 

8 mom ' s mom? 

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10 

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A. 

Q. 

A. 

Q. 

Yes . 

And what kind off a clinic does she run? 

She went to Terros. 

Okay . And so did she tell you that she was 

13 that he was li~ing at the park, or did your mom tell you? 

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A •• 

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18 the ...e..ark? 

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25 him? 

A. 

Q. 

A. 

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A. 

Q. 

My grandma told me . 

Okay . And so you asked your mom to go? 

Yes . 

And do you know how long he had been l iving at 

No . 

Do you know what he had been doinq --aJ 

No . 

-- for the years before that? fJJ 

No . 

Had you had any contact or communication with 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 8 of 10
A . 

Q . 

A . 

Q . 

A. 

No phone calls? 

No . 

No other visits? 

No . 

Page 28 

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6 Q . So you said two days before his p_assing __you went 

7 to the park? 

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A . 

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A. 

Yes . 

Did your mom Lake you? 

Yes . 

And were you able to see h i m? 

Yes . 

And were you able to visit with him? 

Yes . 

How ~ ong would you say you were at the park? 

Four hours exact . 

Okay . What disL.._you guys do? 

We ta l ked . We pl qyed, because he was at the 

19 park . We played a lot and, we ju.st hung out and s t uff' . 

20 Q. And bow was -- hpw was he acting? 

21 A. Normal . 

22 Q. Was he being playful? 

23 A . Yeah . 

24 Q . Did he recognize you? 

25 A. Xes . 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 9 of 10
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A. 

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4 anything? 

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Q. 

A . 

Q. 

A. 

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And he was happy to see you? 

Yes . 

Page 29 

And did you play on some park equipment together, 

Yes . 

And did he show you where he was living? 

Well , kind 0£ already had the idea . 

Okay . Did you see where he was sleeping? 

Yes . 

Okay . Do you recall ever spending any holidays 

11 or birthdays wi~h your dad? 

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13 

14 

A. 

Q. 

A. 

15 either . 

Q. 

We don ' t really celebrate holidays . 

Okay . 

But birthdays, I didn ' t really celebrate that 

16 Okay . When you had the big ~amily gatherings and 

17 

'18 

like Thanksgiving at your aunt ' s 

A. Yeah , that was -- that side of the family 

19 celebrates holidays . 

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21 

22 

Q. 

A. 

Q. 

Okay . He wasn ' t at those? 

Buh- uh . 

Okay . Did you ever have any family gatherings 

23 wi th your dad that you remember? 

24 A . Two days before he passed away , that was kind of 

25 a famiiy gathering , I guess . 

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Case 2:17-cv-04565-DLR Document 382-2 Filed 11/30/21 Page 10 of 10