4
}
i

oO IY AH PF WN YE

NNN YN NY N NN DY Se ee we e _
ea aan kB OS Ff FS CGH rRiADBREBRAS

CERTIFICATE OF SERVICE
Thereby certify that on fac ‘ B_,2017, 1 electronically transmitted the
attached document to the Clerk of the Court using the ECF System.
I hereby further certify that on the same date, I served the attached document and

Notice of Electronic Filing by mail on the following, who is not a registered participant of the

CM/ECF System:

Samuel Kooistra
ARIZONA CAPITAL REPRESENTATION PROJECT

101 East Pennington Street, Suite 201
Tucson, Arizona 85701
sam@azcapitalproject.org

Attorney for Plaintiff

Michael Gottfried, Assistant Attorney General
Neil Singh, Assistant Attorney General

1275 West Washington Street

Phoenix, Arizona 85007
Michael.gottfried@azag.gov

A Telenr

Afyssia Nielson



oo YN DAH PB WN

10
re
12
3B
14
15
16
17
18
19
20
21
22
23
24
25

27
28

9.

The parties reserve their respective rights and positions with respect to

attorneys’ fees and costs, which issue shall be separately negotiated and, if no agreement

is reached, submitted for resolution by the Court.

od March
RESPECTFULLY SUBMITTED this 3 st day of February, 2017.

ARIZONA CAPITAL REPRESENTATION
PROJECT

By: je y

Sam Kooistra

JACKSON & ODEN, P.C.

By:

Michael Gottfried
Assistant Attorney General

Ou| Ge

Michael E. Gottfried
Attorneys for Defendants

By:



Co Oe YN DAH PR YW HY

wy YY YN NN NY SF os eo

ARIZONA CAPITAL REPRESENTATION PROJECT
101 East Pennington Street, Suite 201

Tucson, Arizona 85701

Telephone: (520) 229-8550

Sam Koorstra ASB NO 032776

SAM@AZCAPITALPROJECT.ORC

JACKSON & ODEN, P.C.

3573 East Sunrise Drive, Suite 125
Tucson, Arizona 85718

Telephone: (520) 884-0024

Fax: (520) 884-0025

TODD JACKSON ASB NO, 012202

TJACKSON@JACKSONODENLAW.COM
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

SCOTT DOUGLAS NORDSTROM, INo. CV-15-02176-PHX-DGC (JZB)
Plaintiff,
vs. STIPULATION AND NOTICE OF
SETTLEMENT

CHARLES RYAN, DIRECTOR, ARIZONA
DEPARTMENT OF CORRECTION; JAMES
O’NEIL, WARDEN, ASPC EYMAN; STACI
FAY, DEPUTY WARDEN, BROWNING
UNIT,

Defendants.

Plaintiff and Defendants, by and through counsel, submit the following stipulation and
notice to the Court of settlement. The following stipulation sets forth the essential terms of
the settlement, and shall be binding and enforceable on the parties. As more fully set forth
below, the settlement contemplates and requires implementation through a formal amendment
to Arizona Department of Corrections Order 801 (“D.O. 801”) and Director’s Instruction 326

(“D.1. 326”), to be completed within 120 days, and the parties have agreed that the Court shall


Ce IY DAH BR wD Ww

10
11
12
13
14
15
16
17
18
19
20
21
22

23°

24
25

27
28

retain jurisdiction to enforce this stipulation of settlement, pending finalization of such
amendments and submission of a final order of dismissal to the Court.
The terms of the parties’ settlement are as follows:
1. D.I. 326 and D.O. 801 shall be modified to eliminate the existing permanent
classification of inmates with a death sentence to maximum custody units, and to permit
death row inmates to seek and obtain re-classification to close custody status based on the

criteria currently available to non-death sentenced maximum custody inmates.

2: Death sentenced inmates who are re-classified to close custody status may
be housed as a group, rather than with non-death sentenced inmates, provided, however,
that nothing herein shall alter existing protocols and procedures relating to protective

custody assignments.

3. The conditions and restrictions of confinement, and quality of facilities,
utilized for close custody housing for death sentenced inmates shall be equivalent to that
of existing close custody housing facilities used for non-death sentenced inmates. Further,
the facilities housing close custody death sentenced inmates shall provide adequate space
for confidential communication with legal counsel. Any additional policies or regulations
not otherwise specified herein shall be amended as necessary to implement these

conditions.

4, D.O. 910 shall be amended to exempt death sentenced inmates classified as

close custody from participation in the functional literacy program.



i)

oO ND HW Bw Ww

10
ul
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5. The amendments to D.I. 326, D.O. 801, and D.O. 910 contemplated herein

shall be completed and implemented within one hundred twenty (120) days.

6. Plaintiff's current disciplinary record meets the criteria for reclassification to
close custody and he shall be reclassified to such status and transferred to such housing
upon adoption of the above referenced amendments, and within one hundred twenty (120)
days of this stipulation. Nothing in this stipulation shall be interpreted to require Plaintiff
to remain classified as a close custody inmate if he no longer meets the requirements for

close custody classification.

7. This stipulation establishes a binding settlement that may be specifically
enforced by the parties through injunctive or other appropriate equitable relief, and
resolves Plaintiffs claims regarding his existing conditions of confinement as set forth in
the complaint. Nothing herein shall be construed as a future waiver of rights regarding

the adequacy of conditions at the facility(ies) to which Plaintiff is transferred and housed

in the future.

8. The existing scheduling order deadlines established in the matter shall be
vacated, and the Court shall set a status conference in approximately one hundred fifty
(150) days at which conference the parties shall report to the Court on the status and
implementation of the amendments and terms described above, and whether this matter

may be dismissed or further enforcement of this settlement is required.