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

Mark Brnovich 

Attorney General 

Michael E. Gottfried 

State Bar No. 010623 

Assistant Attorney General 

2005 North Central Avenue 

Phoenix, Arizona 85004-1592 

Telephone: (602) 542-7693 

Fax: (602) 542-7670 

E-mail: michael.gottfried@azag.gov 

Attorneys for Defendants Ryan, Rittenhouse, Hood, Olson and Riggs 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Prison Legal News, a project of the 

Human Rights Defense Center, 

 Plaintiff, 

v. 

Charles L. Ryan, et al., 

 Defendants. 

No. CV15-02245-PHX-ROS 

DEFENDANTS’ STATEMENT OF 

PROPOSED INJUNCTION LANGUAGE 

Defendants Ryan, Rittenhouse, Hood, Olson and Riggs, through undersigned 

counsel, pursuant to the Court’s March 8, 2019 Order (doc. 260), propose the following 

language for final injunctive relief regarding the claims on which PLN has prevailed: 

The Court, after full briefing on the parties cross-motions for summary judgment, 

having found that the Arizona Department of Corrections publication regulations 

concerning sexually-explicit written publication content and material is facially in 

violation of the First Amendment to the U.S. Constitution, and good cause appearing 

therefore, it is hereby 

ORDERED that the Arizona Department of Corrections and the State of Arizona, 

and its employees and agents, are hereby enjoined from enforcing the provisions of 

Arizona Department of Corrections Department Order 914 that specifically pertain to 

Case 2:15-cv-02245-ROS Document 267 Filed 04/12/19 Page 1 of 4
 2 

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

withholding, censoring, or preventing inmates from receiving publications that contain 

written sexually-explicit material: 

IT IS FURTHER ORDERED that nothing in this injunction shall prevent the 

Arizona Department of Corrections and the State of Arizona, and its employees and 

agents, from enforcing the provisions of Arizona Department of Corrections Department 

Order 914 that specifically pertain to sexually-explicit or suggestive pictures, non-written 

depictions of nudity, or non-written sexually-explicit depictions; 

IT IS FURTHER ORDERED that this injunctions is stayed for a period of ninety 

days from the date of this Order to allow the Arizona Department of Corrections and the 

State of Arizona to amend, modify, or revise Arizona Department of Corrections 

Department Order 914. 

MEMORANDUM OF LAW 

When an administrative regulation is found to be unconstitutional on its face, prison 

officials must be given an opportunity to propose remedies in the first instance. Lewis v. 

Casey, 518 U.S. 343, 362-63 (1996). In Lewis the Supreme Court held that the district 

court erred when, after finding ongoing constitutional violations in prisons operated by the 

Arizona Department of Corrections, it delegated responsibility for devising a remedial plan 

to a special master. Id. at 363. Although the Arizona Department of Corrections was given 

an opportunity to object to the special master's proposed plan, “[t]he State was entitled to 

far more than an opportunity for rebuttal.” Id. “[C]onsiderations of comity ... require 

giving the States the first opportunity to correct the errors made in the internal 

administration of their prisons.” Id. at 362. See also Graves v. Arpaio, 623 F.3d 1043, 

1046–47 (9th Cir. 2010) (holding that county jail must be allowed to propose remedies in 

the first instance, but can be required to submit proposal before a constitutional violation is 

found). 

Case 2:15-cv-02245-ROS Document 267 Filed 04/12/19 Page 2 of 4
 3 

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

Accordingly, the Arizona Department of Corrections and the State of Arizona must 

be allowed to amend, modify, or revise Arizona Department of Corrections Department 

Order 914 in the first instance. Conversely, the Plaintiff should be prohibited from 

proposing any amendments, modifications, or revisions to Arizona Department of 

Corrections Department Order 914.

RESPECTFULY SUBMITTED this 12th day of April, 2019. 

MARK BRNOVICH 

Attorney General 

/s/ Michael E. Gottfried 

Michael E. Gottfried 

Assistant Attorneys General 

Attorneys for Defendants Ryan, Rittenhouse, 

Hood, Olson and Riggs 

 

Case 2:15-cv-02245-ROS Document 267 Filed 04/12/19 Page 3 of 4
 4 

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

CERTIFICATE OF SERVICE 

I hereby certify that on April 12th, 2019, I electronically transmitted the attached 

document to the Clerk of Court using the CM/ECF System. 

This document and the Notice of Electronic Filing were served on the same date on 

the following, who are registered participants of the CM/ECF System: 

Lisa Ells 

Krista Stone-Manista 

Andrew Spore 

Rosen, Bien, Galvan & Grunfeld LLP 

50 Fremont Street, 19th Floor 

San Francisco, CA 94105-2235 

Attorneys for Plaintiff Prison Legal News 

Sabarish Neelakanta 

Human Rights Defense Center 

P.O. Box 1151 

Lake Worth, FL 33460-1151 

Attorneys for Plaintiff Prison Legal News 

David J. Bodney 

Heather Todd Horrocks 

Ballard, Spahr LLP 

1 East Washington Street, Suite 2300 

Phoenix, AZ 85004-2555 

Attorneys for Plaintiff Prison Legal News 

s/Michael E. Gottfried 

#7727645 

Case 2:15-cv-02245-ROS Document 267 Filed 04/12/19 Page 4 of 4