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WO

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Eric John King,

Petitioner,

vs.

Charles L. Ryan, et al.,

Respondents.

No. CV 98-01277-PHX-RCB

Order Allowing Confidential Contact

Visit with Petitioner

Death Penalty Case

Before the Court is Eric John King’s Stipulation for Order Allowing Confidential

Contact Visit with Petitioner. (Dkt. 111.) Petitioner’s counsel and counsel for the Arizona

Department of Corrections (“ADOC”) have stipulated to the terms of the Order Allowing a

Confidential Contact Visit between Eric John King and Dr. Karen Bronk Froming, a

neuropsychologist retained by Petitioner’s counsel.

Petitioner, through counsel, has requested that ADOC allow Dr. Froming to have a

confidential contact visit with him to gather information necessary for the preparation of

Petitioner’s upcoming evidentiary hearing. Petitioner, a death row inmate, is currently

housed in Browning Unit, a maximum security prison facility located in the Arizona State

Prison Complex, Eyman, in Florence, Arizona. Because of the nature of the prisoners housed

in this facility, Browning Unit has a no-contact-visit policy absent a court order. The Ninth

Circuit has held that ADOC’s non-contact visitation policy at its high security prisons is

rationally related to its legitimate penological concerns. Casey v. Lewis, 4 F.3d 1516, 1523
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(9th Cir. 1993) (“The ADOC policy is a reasonable response to the legitimate institutional

concerns posed by full contact visitation: prevention of escape, assault, hostage-taking, and

the introduction of contraband.”). Petitioner, through counsel, acknowledges that ADOC has

a legitimate penological interest in requiring that any contact visit be conditioned on

following certain security measures. To assist this Court in determining the extent of the

visitation/examination, as well as to protect ADOC’s interest in securing its prisons, the

limitations on the visit are listed below.

IT IS ORDERED that Petitioner’s Stipulation for Order Allowing Contact Visit

between Eric John King and Dr. Karen Bronk Froming (Dkt. 111) is GRANTED.

IT IS FURTHER ORDERED that Dr. Froming be permitted to have a confidential

contact visit with Eric John King for neuropsychological testing under the following terms:

1. Visitation shall take place on Monday, May 17, 2010, from 10:00 a.m. to 4:00

p.m., and Tuesday, May 18, 2010, from 10:00 a.m. to 4:00 p.m.

2. Petitioner’s counsel shall make arrangements with Warden Ernest Trujillo

(“the Warden”), Arizona State Prison - Eyman Complex Browning Unit, or his

designee, to schedule such visits.

3. The Warden, through his staff, may require Dr. Froming to subject all

instruments, equipment, manuals, and the like to an inspection and inventory

prior to and subsequent to any meeting with Petitioner.

4. If requested by Dr. Froming, the Warden, through his staff, shall remove

handcuffs from Petitioner so that Petitioner may complete certain tests.

However, Petitioner shall at all times remain in leg irons. ADOC may require

Petitioner to wear a stun belt during the meetings.

5. Both Petitioner and ADOC recognize that Petitioner’s decision not to contest

ADOC’s practice of using a stun belt on Petitioner is due to the time

constraints placed upon Petitioner’s counsel and in no way constitutes a waiver

of the “stun belt issue” in any future request for a contact visit in this case or

in any other case. ADOC’s willingness to stipulate hereto should not be

considered a waiver of any aspect of ADOC’s non-contact visitation policy.

6. Dr. Froming will be required to wear all protective gear, including any

protective vest and/or safety goggles provided by ADOC. Dr. Froming will

be allowed to wear a suit jacket over the protective vest. If requested, Dr.

Froming shall be allowed to remove the protective vest and safety goggles if,

in her opinion, the vest and/or the goggles interfere with the testing and

evaluation of Petitioner.

7. The meetings between Petitioner and Dr. Froming shall be confidential and

take place in a room that allows for privacy. The room in which the meetings

take place shall have a door that remains closed during the meeting. The room
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Page 3 of 3

may have windows which allow the Warden, through his staff, to observe the

meeting. Dr. Froming shall sit in the chair closest to the door, and Petitioner

shall not go between him and the door without permission. The room in which

the meetings take place shall have three chairs and a table no larger than three

feet in width.

8. Dr. Froming shall be allowed to have physical contact with Petitioner as is

necessary to conduct testing.

9. Before being allowed the contact visit authorized herein, Dr.Froming shall

certify in a written release to ADOC that she has investigated and ascertained

the risks to her personal safety associated with the visit as authorized by and

under the circumstances described in this order; that she agrees to assume

those risks; and that she releases and holds harmless ADOC, the state of

Arizona, and their officers and employees from any claim arising from death

or injury associated with the risks assumed. However, such release shall not

operate as a release of gross negligence on the part of ADOC.

10. Dr. Froming shall submit her full name, date of birth, and social security

number to ADOC at least ten days before the scheduled examination of

Petitioner. In the event that she has had a prior arrest or conviction for any

felony offense, she will not be permitted into the institution.

11. ADOC’s willingness to stipulate to the contact visit hereto shall not be

considered a waiver of any aspect of ADOC’s non-contact visitation policy.

IT IS FURTHER ORDERED that the Clerk of Court forward a copy of this Order

to counsel of record; and to Michael Brodsky, Assistant Attorney General, Arizona

Department of Corrections, 1275 West Washington, Phoenix, AZ 85007; and Warden

Trujillo, Arizona State Prison, Eyman Prison Complex, Browning Unit, 4374 East Butte

Avenue, Florence, Arizona 85132.

DATED this 1st day of May, 2010.