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[3085376-2] CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION 

TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT

Lisa Ells – Cal. Bar No. 243657*

Krista Stone-Manista – Cal. Bar No. 269083*

Andrew G. Spore – Cal. Bar No. 308756*

ROSEN BIEN

GALVAN & GRUNFELD LLP

50 Fremont Street, 19th Floor

San Francisco, California 94105-2235

Telephone: (415) 433-6830

Facsimile: (415) 433-7104

lells@rbgg.com

kstone-manista@rbgg.com

aspore@rbgg.com

Lance Weber – Fla. Bar No. 104550*

Sabarish Neelakanta – Fla. Bar No. 26623*

HUMAN RIGHTS DEFENSE CENTER

Post Office Box 1151

Lake Worth, Florida 33460-1151

Telephone: (561) 360-2523

Facsimile: (866) 735-7136

lweber@humanrightsdefensecenter.org

sneelakanta@humanrightsdefensecenter.org

David J. Bodney – Ariz. Bar No. 006065

Heather Todd Horrocks – Ariz. Bar No. 029190

Michael A. DiGiacomo – Ariz. Bar No. 032251

BALLARD SPAHR LLP

1 East Washington Street, Suite 2300

Phoenix, Arizona 85004-2555

Telephone: (602) 798-5400

Facsimile: (602) 798-5595

bodneyd@ballardspahr.com

horrocksh@ballardspahr.com

digiacomom@ballardspahr.com

* Admitted Pro Hac Vice

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

PRISON LEGAL NEWS, a project of the Human 

Rights Defense Center,

Plaintiff,

v.

CHARLES L. RYAN, in his official capacity as 

Director of the Arizona Department of Corrections 

and in his individual capacity; GAIL 

RITTENHOUSE, in her official capacity as 

Division Director, Support Services of the Arizona 

Case No. CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE 

IN SUPPORT OF PLAINTIFF’S 

OPPOSITION TO DEFENDANTS’ 

MOTION TO PARTIALLY DISMISS 

FIRST AMENDED COMPLAINT

Judge: Hon. Roslyn O. Silver

Trial Date: None Set

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 1 of 12
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[3085376-2] 2 CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION 

TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT

Department of Corrections and in her individual 

capacity; JEFF HOOD, in his official capacity as 

Deputy Director of the Arizona Department of 

Corrections and in his individual capacity; ALF 

OLSON, in his individual capacity; JAMES 

RIGGS, in his official capacity as an employee of 

the Office of Publication Review of the Arizona 

Department of Corrections and in his individual 

capacity; and DOES 1 to 20, inclusive,

Defendants.

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 2 of 12
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[3085376-2] CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION 

TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT

Plaintiff submits this Request for Judicial Notice in support of its Opposition to 

Defendants’ Motion to Partially Dismiss Plaintiff’s First Amended Complaint. Pursuant to 

Federal Rule of Evidence 201, the Court may take judicial notice of facts that are “capable 

of accurate and ready determination by resort to sources whose accuracy cannot reasonably 

be questioned.” Fed. R. Evid. 201(b)(2). The Court may take judicial notice of a 

judicially noticeable fact “if requested by a party and supplied with the necessary 

information.” Fed. R. Evid. 201(d).

Courts routinely take judicial notice of government documents, particularly where 

they are posted on the government agency’s official website. See, e.g., See, e.g., DanielsHall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998-99 (9th Cir. 2010) (“It is appropriate to take 

judicial notice of this information, as it was made publicly available by government 

entities.”); Modesto Irrigation Dist. v. Pac. Gas & Elec. Co., 61 F. Supp. 2d 1058, 1066 

(N.D. Cal. 1999) (taking judicial notice of document posted on agency’s website and 

“readily accessible through the Internet”); Paralyzed Veterans of Am. v. McPherson, 2008 

WL 4183981, *5 (N.D. Cal. Sept. 9, 2008) (noting that “[i]t is not uncommon for courts to 

take judicial notice of factual information found on the world wide web. This is 

particularly true of information on government agency websites, which have often been 

treated as proper subjects for judicial notice,” and collecting cases (citation omitted)); In re 

Agribiotech Secur. Litig., 2000 WL 35595963, *2 (D. Nev. Mar. 2, 2000) (“In this new 

technological age, official government or company documents may be judicially noticed

insofar as they are available via the worldwide web.”); see also Lee v. City of L.A., 250 

F.3d 668, 688 (9th Cir. 2001); United States v. S. Cal. Edison Co., 300 F. Supp. 2d 964, 

974 (E.D. Cal. 2004) (recognizing that court make take judicial notice of public 

documents).

Both of the below-listed documents are publicly available on the Arizona 

Department of Corrections official website, and they are directly relevant to Defendants’ 

contention that their recent policy changes have mooted Plaintiff’s claims for equitable 

relief.

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 3 of 12
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[3085376-2] 2 CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION 

TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT

Accordingly, Plaintiff requests that this Court take judicial notice of the following 

documents:

1. Arizona Department of Corrections Department Order 101.02, effective 

September 28, 2010, setting forth the process for Department Order 

development. A true and correct copy of this document, which appears on 

the Arizona Department of Corrections official website at 

https://corrections.az.gov/sites/default/files/policies/100/0101.pdf, is attached 

hereto as Exhibit A. 

2. The “ADC Policies” page of the Arizona Department of Corrections official 

website, identifying several Department Orders that are “under continual 

revision,” including Department Order 914. A true and correct copy of this 

document, which appears on the Arizona Department of Corrections official 

website at https://corrections.az.gov/reports-documents/adc-policies, is 

attached hereto as Exhibit B. 

DATED: January 5, 2017 Respectfully submitted,

ROSEN BIEN GALVAN & GRUNFELD LLP

By: /s/ Andrew G. Spore

Andrew G. Spore

Attorneys for Plaintiff

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 4 of 12
Exhibit A

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 5 of 12
CHAPTER: 100 - AGENCY ADMINISTRATION/MANAGEMENT 

DEPARTMENT ORDER: 101 - SYSTEM OF WRITTEN INSTRUCTIONS

SYSTEM OF WRITTEN INSTRUCTIONS SEPTEMBER 28, 2010 101 - PAGE 3 

1.5.2 When modification is required, the OPR shall ensure that the approval and 

publication process outlined in Attachment A is followed. The Policy Unit may offer 

technical assistance. 

1.6 If employees other than the OPR wish to request a Director’s Instruction be developed, 

revised, or rescinded they shall submit their written request through the chain-of-command to 

the appropriate Division Director for consideration and approval/disapproval. The Policy Unit 

shall not develop a Director’s Instruction without authorization from the Director, Deputy 

Director or Division Directors. 

1.7 Director’s Instruction Rescissions - When it is determined that a Director’s Instruction should 

be rescinded because it is no longer necessary due to procedural, organizational, or operational 

changes, the OPR shall submit a memorandum identifying the Director’s Instruction and 

providing supporting justification for the rescission to the Policy Unit. 

1.7.1 The Policy Unit shall develop a rescission request and forward it to the Director for 

review and signature. 

1.7.2 If the rescission affects other organizational units, the Policy Unit shall provide the 

Deputy Director and/or the appropriate Division Director with an opportunity for 

comment prior to submission to the Director. 

101.02 DEPARTMENT ORDER DEVELOPMENT (See Attachment B) 

1.1 Initiation - The OPR shall begin the development process by submitting a written request to the 

Policy Unit Manager. The request shall describe the topic and any specific requirements for 

content. The OPR may provide a complete draft, an outline or more general guidance and may 

assign a Subject Matter Expert (SME) to work with the Policy Unit in developing the draft. The 

OPR shall also inform the Policy Unit of the priority of the request. 

1.2 Development - Policy Unit staff shall: 

1.2.1 Formally notify the OPR or designated staff member the request has been received. 

1.2.2 Determine, in consultation with the OPR, whether or not a new Department Order 

should be prepared or if the new topic is best addressed by including it in an 

existing Department Order. 

1.2.3 Analyze, research, edit and format, as necessary, to develop a thorough, clear, 

concise, and accurate preliminary draft. 

1.2.4 Work with the OPR and/or an assigned SME to resolve any questions and concerns 

during development of the preliminary draft. Policy Unit staff shall also work with 

the OPR in development and/or revision of any forms necessary to comply with the 

Department Order. 

1.2.5 In cooperation with the OPR/SME determine if: 

1.2.5.1 The entire Department Order, or sections of the Department Order 

should be restricted from inmate and public access. Restricted ("R") 

designations shall be assigned by exception - only when the 

instruction contains specific information which would pose a direct 

threat to the secure, safe operation of the institution, placing 

employees, inmates, or the public at risk. 

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 6 of 12
CHAPTER: 100 - AGENCY ADMINISTRATION/MANAGEMENT 

DEPARTMENT ORDER: 101 - SYSTEM OF WRITTEN INSTRUCTIONS

SYSTEM OF WRITTEN INSTRUCTIONS SEPTEMBER 28, 2010 101 - PAGE 4 

1.2.5.2 Technical Manuals and/or Institution Orders are necessary to 

implement the Department Order. An outline of content requirements 

for the Technical Manual(s) may be included in the 

IMPLEMENTATION section of the Department Order. 

1.2.6 Upon completion, determine the level of review required and prepare the 

Department Order for review. 

1.3 Review Process - The Policy Unit shall prepare appropriate review binders for the Department 

Order. 

1.3.1 The Policy Unit may work directly with an SME or other staff member identified by 

the OPR. A draft which has been approved by the SME or other assigned staff 

member shall be completed. 

1.3.1.1 When the Director is the OPR, the Policy Unit may work with the 

Deputy Director, the appropriate Division Director or with the 

appropriate staff member from the Director’s staff during 

development of the Department Order. 

1.3.1.2 May provide a review draft to the General Counsel, if a legal issue is 

of concern, or the OPR requests a legal review. 

1.3.1.3 Based on circumstances, may provide a review copy to affected 

staff, identified by the OPR or other management staff members. 

1.3.2 The Policy Unit shall consolidate all comments received at this level into a 

preliminary draft and forward the binder to the Division Directors for review. 

1.3.3 The Division Directors shall review the preliminary draft, and may forward the draft 

to additional staff for review. When complete, the Division Director or designee 

shall approve, disapprove and/or provide comments/additional direction and return 

the draft to the Policy Unit. 

 

1.3.3.1 The Division Director for Offender Operations shall review the draft 

and determine if any or all of the Department Order is not applicable 

to the operation of contract beds facilities. When the Department 

Order or any portion of it are determined to be not-applicable to 

contract beds facilities, Policy Unit staff, in consultation with the 

Contract Beds Operations Director, shall identify applicability by: 

1.3.3.1.1 Developing an APPLICABILITY section or an 

attachment as shown by example in Attachment D 

of this Department Order. 

1.3.3.1.2 Including exceptions or special instructions as text. 

1.3.4 During the review process, the Policy Unit shall address issues raised prior to 

submitting the final draft to the Deputy Director. Approval by the OPR is required 

for any significant revisions made during review. Additionally, multiple draft 

reviews may be necessary to obtain final approval. Policy Unit staff shall: 

1.3.4.1 Review recommendations and comments with the OPR and/or SME 

to determine whether they should be included, modified or omitted. 

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 7 of 12
CHAPTER: 100 - AGENCY ADMINISTRATION/MANAGEMENT 

DEPARTMENT ORDER: 101 - SYSTEM OF WRITTEN INSTRUCTIONS

SYSTEM OF WRITTEN INSTRUCTIONS SEPTEMBER 28, 2010 101 - PAGE 5 

1.3.4.2 Whenever possible, eliminate the need for waivers to Department 

Orders by addressing specific issues raised during review. 

1.3.5 Reviewers shall: 

1.3.5.1 Review Department Order drafts for accuracy, logic and 

completeness. 

1.3.5.2 Identify specific potential obstacles to compliance in their area of 

operation, including areas for which they determine a waiver would 

be needed, and why. 

1.3.5.3 Provide written comments and recommendations, as appropriate to 

the Policy Unit. 

1.4 Director's Review and Approval - The Policy Unit shall: 

1.4.1 Forward the final draft, supporting documentation, and comments through the 

Deputy Director to the Director's Office for review. 

1.4.2 As necessary, work/consult with the OPR to make any changes requested by the 

Director, finalize the draft, and resubmit the draft to the Director for approval and 

signature. 

1.5 Department Order Revision/Correction

1.5.1 OPR’s shall initiate revisions in writing when they determine a Department Order 

requires revision. They shall provide the Policy Unit guidance concerning specific 

changes to be made, including additions, deletions, modifications and, if needed, 

specific wording requirements. 

1.5.1.1 Based on the extent of revisions to be made, the Policy Unit shall 

determine whether to issue replacement pages, or to revise the 

entire Department Order. 

1.5.1.2 Development, review and approval of Department Order revisions 

shall follow the process described for developing a new Department 

Order. 

1.5.1.2.1 Based upon the amount of editing used in 

development, further review may or may not be 

required. 

1.5.1.2.2 The Policy Unit Manager, in consultation with the 

OPR and SME’s, shall determine appropriate level 

of review for replacement pages. 

1.5.2 Manifest errors, as defined in this Department Order, may be corrected without 

review, based on the nature of the correction needed. A record of such corrections 

shall be prepared and placed in the Work File for the document being corrected. If 

appropriate, manifest errors found in Director’s Instructions may be corrected in 

consultation with the OPR, author or appropriate SME. 

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 8 of 12
CHAPTER: 100 - AGENCY ADMINISTRATION/MANAGEMENT 

DEPARTMENT ORDER: 101 - SYSTEM OF WRITTEN INSTRUCTIONS

SYSTEM OF WRITTEN INSTRUCTIONS SEPTEMBER 28, 2010 101 - PAGE 6 

1.6 Department Order Rescissions - When it is determined that a Department Order should be 

rescinded because it is no longer necessary due to procedural, organizational, or operational 

changes, the OPR shall submit a memorandum identifying the Department Order and providing 

supporting justification for the rescission to the Policy Unit. 

1.6.1 The Policy Unit shall develop a rescission request and forward it to the Director for 

review and signature. 

1.6.2 If the rescission affects other organizational units, the Policy Unit shall provide the 

Deputy Director and/or the appropriate Division Director with an opportunity for 

comment prior to submission to the Director. 

1.7 If employees other than the OPR wish to request a Department Order be developed, revised, or 

rescinded they shall submit their written request through the chain-of-command to the 

appropriate Division Director for consideration and approval/disapproval. The Policy Unit shall 

not develop a Department Order without authorization from the Director, Deputy Director or 

Division Directors. 

101.03 INMATE NOTIFICATIONS - As part of the system of written instructions, the Director, Deputy 

Director or Division Directors may determine notice to the inmate population is required for an 

issue which impacts all or part of the population. 

1.1 The originator of the Inmate Notification shall: 

1.1.1 Develop the Inmate Notification in accordance with Attachment F. Effective dates 

or other issues shall be included in the text of the Notification as determined by the 

OPR. (See Attachment F and the flowchart at Attachment C.) 

1.1.1.1 Absent exigent circumstances, inmate notifications of changes 

impacting the population shall include a 30-day notice period prior to 

implementation. 

1.1.2 Forward the completed Inmate Notification to the Director for final approval and 

signature. 

1.2 When signed by the Director, the Director’s office shall forward the signed document to the 

Policy Unit for distribution and publication. 

1.3 The Policy Unit shall assign a number to the notification and electronically distribute it to the 

Deputy Director, Division Directors, Wardens, and selected management staff in accordance 

with established distribution schedules. 

1.4 The OPR may determine that an associated Director’s Instruction is also required. If so, the 

Director’s Instruction shall be prepared in accordance with section 101.01. Unless otherwise 

notified, the Policy Unit shall distribute related Director’s Instructions and Inmate Notifications 

together. 

1.5 Because of the limited life span, Inmate Notifications are not to be placed in Department Order 

Manuals. Inmate Notifications are to be posted on inmate bulletin boards and made available to 

inmates who do not have access to posted copies. 

1.6 Based on circumstances, an OPR may determine that a particular issue affects members of the 

public and staff as well as inmates. The Inmate Notification may be used for notifying those 

individuals and modified as needed for that purpose. 

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 9 of 12
Exhibit B

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 10 of 12
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ADC Policies

The Arizona Department of Corrections provides a forum for members of the public to comment on the policies that may 

affect them. These policies are: / Inmate Visitation 

(//corrections.az.gov/sites/default/files/policies/900/0911_-_effective_05-07-15.pdf)(DO 911); / Inmate Mail

(//corrections.az.gov/sites/default/files/policies/900/0914.pdf) (DO 914); and / Inmate Marriages

(//corrections.az.gov/sites/default/files/policies/900/0904.pdf) (DO 904.07). If you have a comment, complaint or 

question about the below listed policies, please / contact ADC (mailto:directoroffice@azcorrections.gov). This section of 

the ADC Policy Manual is under continual revision. Each Director's Instruction or revision will be linked from this page as it 

becomes available.

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Director's Instructions List

(//corrections.az.gov/reportsdocuments/adcpolicies/directors-instructionslist)

State Agencies State Services Visit OpenBooks Search AZ.Gov Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 11 of 12
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[3085376-2] CV-15-2245-PHX-ROS

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION 

TO PARTIALLY DISMISS FIRST AMENDED COMPLAINT 

CERTIFICATE OF SERVICE 

I certify that, on the 5th day of January, 2017, I electronically transmitted a PDF 

version of this document to the Office of the Clerk of the Court, using the CM/ECF 

System for filing and transmittal of a Notice of Electronic Filing to all CM/ECF registrants 

listed for this matter. 

 By: /s/ Andrew G. Spore 

 Andrew G. Spore 

Case 2:15-cv-02245-ROS Document 121 Filed 01/05/17 Page 12 of 12