Case: Rudisill v. Ryan

4:13-cv-01149 | U.S. District Court for the District of Arizona

Filed Date: Sept. 13, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 13, 2013, an African American prisoner in the Arizona State Prison Complex in Tucson filed this lawsuit, pro se, in the U.S. District Court for the District of Arizona. The plaintiff filed under 42 U.S.C. § 1983 against the State of Arizona and the Arizona Department of Corrections. He alleged that the prison assigned him to a particular cell on the basis of his race, in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The plai…

On September 13, 2013, an African American prisoner in the Arizona State Prison Complex in Tucson filed this lawsuit, pro se, in the U.S. District Court for the District of Arizona. The plaintiff filed under 42 U.S.C. § 1983 against the State of Arizona and the Arizona Department of Corrections. He alleged that the prison assigned him to a particular cell on the basis of his race, in violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The plaintiff alleged that the State of Arizona persisted in continuous and systematic racial segregation in the areas of housing and personal care of the prisoners.

On October 30, 2013, the judge assigned to this case, Judge Cindy A. Jorgenson, granted a motion by attorneys from the law firm Kendall, Brill, and Kelly to represent the plaintiff. Among those attorneys was Bert Deixler, who had litigated Johnson v. California, in which the Supreme Court held that racial housing assignments in prison were usually unconstitutional. Johnson is PC-CA-0041 in this Clearinghouse.

On February 4, 2014, the plaintiff filed an amended complaint against all the defendants adding the governor of Arizona as a defendant.

The governor and the director of the Department of Corrections moved to dismiss the case on March 13, 2014. They argued that the plaintiff improperly sued them based on a letter mailed to him and denial of a grievance appeal, despite admitting that the defendants had no involvement in housing, work, or other assignments in the Tucson prison. On March 17, 2014, the Warden of the Arizona State Prison Complex-Tucson also filed a motion to dismiss alleging that the plaintiff improperly sued based on a letter mailed to him.

The plaintiff withdrew the claims against the Division Director of Offender Operation for the Arizona State Department of Corrections, and the Governor. He also filed to substitute the public officer with the Division Director of Operations.

On May 8, 2014, Judge Jorgenson granted the voluntary dismissal of the claims against the governor, and then denied the governor's motion to dismiss as moot. Judge Jorgenson also granted the substitution of the public officer (the Division Director of Offender Operations).

On June 9, 2014, the Division Director of Offender Operations filed a motion to dismiss. This defendant claimed that he was superfluous to this lawsuit and should be dismissed. But, on July 23, 2014, Judge Jorgenson denied the motion.

As discussed in a joint settlement status report filed November 14, 2014, all parties requested a Magistrate Judge to be appointed to the case in order to act as settlement judge in this matter. On November 24, 2014, their request was granted, and Magistrate Judge Charles R. Pyle was chosen to oversee settlement negotiations.

On December 22, 2015, the parties notified the court that they had reached a settlement. Under the settlement, the defendants agreed to stop segregating prisoners by race in housing, except for in individual cases where a prisoner had a documented history of racial animosity. The defendants also agreed to curtail racially discriminatory practices in prison employment opportunities. They agreed to narrowly tailor any consideration of race in connection to employment assignments to address a compelling state interest, and to only ever consider race as one factor in a comprehensive and objective assessment of employment assignment or service. The change in policy would apply to Arizona Department of Corrections prison complexes in Douglas, Eyman, Florence, Lewis, Perryville, Phoenix, Safford, Tucson, Winslow, and Yuma. The defendants also agreed to pay $5,000 in monetary damages to the named plaintiff, and to pay $195,000 to the plaintiff's counsel in attorneys’ fees and costs.

The agreement was intended to last until at least 2023, and contained a clause prohibiting either party from moving to terminate the agreement during that period. The plaintiff’s counsel were designated as monitors over the defendants’ compliance with the terms of the agreement, and the defendants agreed to provide plaintiff’s counsel with documents, reports, and access to its facilities for monitoring purposes. In the event of a breach of the agreement, a process is in place to resolve the issue out of court first, after which the plaintiff’s counsel may seek court enforcement. The agreement bars the court from ordering the defendants to construct new prisons or to hire a specific number or type of staff unless the defendants propose to do so as part of a plan to remedy a failure to comply.

On February 8, 2016, Judge Jorgenson issued an order approving the settlement agreement, and agreeing to enforce its terms. There have been no further substantive developments in the case as of May 26, 2020.

Summary Authors

Jenn Nelson (10/10/2015)

Ryan Berry (7/20/2016)

Julia Florey (4/12/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5648385/parties/rudisill-v-ryan/


Judge(s)

Jorgenson, Cindy K. (Arizona)

Attorneys(s) for Plaintiff

Brill, Laura W. (California)

Deixler, Bert H. (California)

Jackson, Randall C. (Texas)

Palmer, Cassie D. (California)

Attorneys(s) for Defendant

Carter, Pamela (Indiana)

Gottfried, Michael Evan (Arizona)

Expert/Monitor/Master

Rooney, Susannah M (California)

Judge(s)

Jorgenson, Cindy K. (Arizona)

Attorneys(s) for Plaintiff

Brill, Laura W. (California)

Deixler, Bert H. (California)

Jackson, Randall C. (Texas)

Palmer, Cassie D. (California)

Attorneys(s) for Defendant

Carter, Pamela (Indiana)

Gottfried, Michael Evan (Arizona)

Expert/Monitor/Master

Rooney, Susannah M (California)

Documents in the Clearinghouse

Document

Docket

Oct. 18, 2017 Docket
1

Complaint

Sept. 13, 2013 Complaint
19

First Amended Prisoner Civil Rights Complaint

Rudisell v. Ryan

Feb. 4, 2014 Complaint
48

Order

May 8, 2014 Order/Opinion
56

Order

Rudisill v. Ryan et al.

July 23, 2014 Order/Opinion
114-1

Stipulation for Payment of Monetary Damages

Rudisill v. Ryan

Dec. 22, 2015 Pleading / Motion / Brief
114

Stipulation for Order

Rudisill v. Ryan

Dec. 22, 2015 Pleading / Motion / Brief
120

Order [pursuant to stipulation]

Rudisill v. Ryan

Feb. 8, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5648385/rudisill-v-ryan/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT filed by Stephen Louis Rudisill. (21 pages) (Attachments: # 1 envelope)(DLC) (Entered: 09/13/2013)

Sept. 13, 2013
133

ORDER denying 126 Timothy Olmos' Motion to Intervene. Defendant's Motion to Strike Non-Party Olmos's Ex Parte Motion for Sanctions (Doc. 132 ) is GRANTED and Olmos' Motion for Sanctions Against Defense Counsel Paul Carter (Doc. 131 ) is DENIED. The Clerk of the Court shall strike the Ex Parte Motion for Sanctions (Doc. 131 ) from the Court docket. Signed by Judge Cindy K Jorgenson on 3/6/2017.(SIB)

March 7, 2017 RECAP
2

APPLICATION for Leave to Proceed In Forma Pauperis by Stephen Louis Rudisill. (2 pages) (DLC) (Entered: 09/13/2013)

Sept. 13, 2013
3

Prisoner Trust Fund Account Statement by Stephen Louis Rudisill. (8 pages) (DLC) (Entered: 09/13/2013)

Sept. 13, 2013
4

SUMMONS Submitted by Stephen Louis Rudisill. (2 pages) (DLC) (Entered: 09/13/2013)

Sept. 13, 2013
5

NOTICE OF ASSIGNMENT: (DLC) (Entered: 09/13/2013)

Sept. 13, 2013
6

MOTION to Appoint Counsel (25 Pages) by Stephen Louis Rudisill. (JKM) (Entered: 09/16/2013)

Sept. 13, 2013
7

MOTION for Admission Pro Hac Vice as to attorney Cassie D Palmer on behalf of Stephen Louis Rudisill. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013

PRO HAC VICE FEE PAID. $ 50, receipt number PHX139453 as to Cassie D Palmer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013
8

MOTION for Admission Pro Hac Vice as to attorney Bert H Deixler on behalf of Stephen Louis Rudisill. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013

PRO HAC VICE FEE PAID. $ 50, receipt number PHX139455 as to Bert Howard Deixler. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013
9

MOTION for Admission Pro Hac Vice as to attorney Laura W Brill on behalf of Stephen Louis Rudisill. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013

PRO HAC VICE FEE PAID. $ 50, receipt number PHX139454 as to Laura W Brill. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/30/2013)

Oct. 30, 2013
10

ORDER pursuant to General Order 09−08 granting 7 Motion for Admission Pro Hac Vice; granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/30/2013)

Oct. 30, 2013
11

NOTICE OF PARTY'S CHANGE OF ADDRESS by Stephen Louis Rudisill: #235368, 14A, ASPC− Santa Rita Unit, PO Box 24406, Tucson, Arizona 85734. (KAH) (Entered: 11/13/2013)

Nov. 8, 2013
12

NOTICE OF ATTORNEY SUBSTITUTION: Bert H. Deixler appearing for Stephen Louis Rudisill. . (Deixler, Bert) (Entered: 11/21/2013)

Nov. 21, 2013
13

NOTICE OF ATTORNEY SUBSTITUTION: Laura W. Brill appearing for Stephen Louis Rudisill. . (Deixler, Bert) (Entered: 11/21/2013)

Nov. 21, 2013
14

NOTICE OF ATTORNEY SUBSTITUTION: Cassie D. Palmer appearing for Stephen Louis Rudisill. . (Deixler, Bert) (Entered: 11/21/2013)

Nov. 21, 2013
16

ORDER Directing Monthly Payments be made from Prison Account of Stephen Louis Rudisill #235368; Plaintiff must pay the statutory filing fee of $350.00. Plaintiff must first pay an initial partial filing fee of $10.93. Clerk of Court must serve by mail a copy of this Order on the Director of the AZ Department of Corrections, 1601 W Jefferson, Phoenix, AZ 85007. The Clerk of Court must forward a copy of this Order to Finance.(See attached PDF for complete information).. Signed by Judge Cindy K Jorgenson on 1/22/2014. (JKM) (Entered: 01/23/2014)

Jan. 23, 2014
17

Remark ; Plaintiff Service Packet Due date Deadline is 2/18/2014. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JKM) (Entered: 01/28/2014)

Jan. 28, 2014
18

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Stephen Louis Rudisill . (Deixler, Bert) (Entered: 02/04/2014)

Feb. 4, 2014
19

AMENDED COMPLAINT against All Defendants filed by Stephen Louis Rudisill. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Deixler, Bert) (Entered: 02/04/2014)

Feb. 4, 2014
20

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/10/2014)

Feb. 10, 2014
21

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/10/2014)

Feb. 10, 2014
22

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/10/2014)

Feb. 10, 2014
23

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/10/2014)

Feb. 10, 2014
24

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/10/2014)

Feb. 10, 2014
25

Summons Issued as to Janice Brewer, Daniel Lundberg, Robert Patton, Charles Ryan, Therese Schroeder. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(KEP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/11/2014)

Feb. 11, 2014
26

SERVICE EXECUTED filed by Stephen Louis Rudisill: Proof of Service re: First Amended Complaint upon Janice Brewer on 02/12/14. (Deixler, Bert) (Entered: 02/27/2014)

Feb. 27, 2014
27

SERVICE EXECUTED filed by Stephen Louis Rudisill: Proof of Service re: First Amended Complaint upon Therese Schroeder on 02/12/14. (Deixler, Bert) (Entered: 02/27/2014)

Feb. 27, 2014
28

SERVICE EXECUTED filed by Stephen Louis Rudisill: Proof of Service re: First Amended Complaint upon Danial Lundberg on 02/12/14. (Deixler, Bert) (Entered: 02/27/2014)

Feb. 27, 2014
30

MOTION for Extension of Time to File Answer re: 19 Amended Complaint by Janice Brewer, Daniel Lundberg, Charles Ryan, Therese Schroeder. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 03/03/2014)

March 3, 2014
31

REQUEST re: for Screening by Defendants Janice Brewer, Daniel Lundberg, Charles Ryan, Therese Schroeder. (Gottfried, Michael) (Entered: 03/13/2014)

March 13, 2014
32

MOTION to Dismiss Case by Charles Ryan. (Attachments: # 1 Exhibit A)(Gottfried, Michael) (Entered: 03/13/2014)

March 13, 2014
33

MOTION to Dismiss Case by Janice Brewer. (Attachments: # 1 Exhibit A)(Gottfried, Michael) (Entered: 03/13/2014)

March 13, 2014
34

NOTICE of Errata re: 31 Request by Defendants Janice Brewer, Daniel Lundberg, Charles Ryan, Therese Schroeder.. (Attachments: # 1 Exhibit A)(Gottfried, Michael) (Entered: 03/13/2014)

March 13, 2014
35

NOTICE of Errata re: 34 Notice of Errata, 31 Request for Screening by Defendants Janice Brewer, Daniel Lundberg, Charles Ryan, Therese Schroeder.. (Attachments: # 1 Exhibit A)(Gottfried, Michael) (Entered: 03/14/2014)

March 14, 2014
36

ORDER GRANTING 30 Motion for Extension of Time to Answer. IT IS ORDERED that Defendants Brewer, Ryan, Schroeder, and Lundbergs shall have through and including 3/17/14, to respond to the First Amended Complaint. Signed by Judge Cindy K Jorgenson on 3/13/14.(BAC) (Entered: 03/14/2014)

March 14, 2014
37

MOTION to Dismiss Case by Daniel Lundberg, Therese Schroeder. (Attachments: # 1 Exhibit A)(Gottfried, Michael) (Entered: 03/17/2014)

March 17, 2014
38

STIPULATION re: 33 MOTION to Dismiss Case , 32 MOTION to Dismiss Case re Response and Reply Deadlines by Stephen Louis Rudisill. (Attachments: # 1 Text of Proposed Order)(Deixler, Bert) (Entered: 03/26/2014)

March 26, 2014
39

ORDER granting 38 Stipulation : re: 33 MOTION to Dismiss Case filed by Janice Brewer, 32 MOTION to Dismiss Case filed by Charles Ryan, 37 MOTION to Dismiss Case filed by Daniel Lundberg, Therese Schroeder. 1. Plaintiff may file all responsive memoranda to Defendants Motions to Dismiss the First Amended Complaint through and including April 3, 2014. 2. Defendants may file all reply memoranda to Plaintiffs responsive memoranda through and including April 14, 2014.. Signed by Judge Cindy K Jorgenson on 3/27/2014. (JKM) (Entered: 03/28/2014)

March 28, 2014
40

NOTICE of Appearance by Paul Edward Carter on behalf of Janice Brewer, Daniel Lundberg, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 03/28/2014)

March 28, 2014
41

RESPONSE in Opposition re: 32 MOTION to Dismiss Case , 37 MOTION to Dismiss Case filed by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 04/03/2014)

April 3, 2014
42

MOTION to Substitute Party: substituting TODD HOOD, Division Director of Operations, Arizona Dept. of Corrections in place of ROBERT PATTON, Div. Director of Offender Operations, Arizona Dept. of Corrections by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 04/03/2014)

April 3, 2014
43

NOTICE of Party Dismissal by Stephen Louis Rudisill. Party Robert Patton terminated. (Deixler, Bert) (Entered: 04/03/2014)

April 3, 2014
44

NOTICE of Party Dismissal by Stephen Louis Rudisill. Party Janice Brewer terminated. (Deixler, Bert) (Entered: 04/03/2014)

April 3, 2014
45

REPLY to Response to Motion re: 37 MOTION to Dismiss Case , 32 MOTION to Dismiss Case filed by Daniel Lundberg, Charles Ryan, Therese Schroeder. (Gottfried, Michael) (Entered: 04/14/2014)

April 14, 2014
46

RESPONSE in Opposition re: 42 MOTION to Substitute Party: substituting TODD HOOD, Division Director of Operations, Arizona Dept. of Corrections in place of ROBERT PATTON, Div. Director of Offender Operations, Arizona Dept. of Corrections filed by Charles Ryan. (Gottfried, Michael) (Entered: 04/21/2014)

April 21, 2014
48

ORDER denying as moot 33 Motion to Dismiss; granting 42 Motion to Substitute Party. Robert Patton is dismissed from this action without prejudice. Carson McWilliams is automatically substituted as a party in this action for Robert Patton. Defendant Janice Brewer is dismissed from this action without prejudice.. Signed by Judge Cindy K Jorgenson on 5/8/2014.(JKM) (Entered: 05/08/2014)

May 8, 2014
49

SUMMONS Submitted by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 05/14/2014)

May 14, 2014
50

Summons Issued as to Charles Ryan. (EGP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 05/15/2014)

May 15, 2014
51

MOTION to Dismiss Case by Carson McWilliams. (Gottfried, Michael) (Entered: 06/09/2014)

June 9, 2014
52

RESPONSE in Opposition re: 51 MOTION to Dismiss Case filed by Stephen Louis Rudisill. (Palmer, Cassie) (Entered: 06/23/2014)

June 23, 2014
53

MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss Case by Carson McWilliams. (Attachments: # 1 Text of Proposed Order)(Gottfried, Michael) (Entered: 07/03/2014)

July 3, 2014
54

ORDER granting 53 Motion for Extension of Time to File Reply re: 51 MOTION to Dismiss Case . Reply due 7/11/2014. Signed by Judge Cindy K Jorgenson on 7/8/14.(SMBE) (Entered: 07/08/2014)

July 8, 2014
55

REPLY to Response to Motion re: 51 MOTION to Dismiss Case filed by Carson McWilliams. (Gottfried, Michael) (Entered: 07/11/2014)

July 11, 2014
56

ORDER denying Defendant Ryan's 32 Motion to Dismiss; denying Defendants Schroeder and Lundberg's 37 Motion to Dismiss; denying Defendant McWilliam's 51 Motion to Dismiss. Doe Defendants, identified as DOE 1 through DOE 100, are dismissed without prejudice. Defendants Ryan, Schroeder, Lundberg, and McWilliams must answer the First Amended Complaint. Any answer or response must state the specific Defendant by name on whose behalf it is filed or it may be striken. Signed by Judge Cindy K Jorgenson on 7/22/14.(SMBE) (Entered: 07/23/2014)

July 23, 2014
57

ANSWER to 19 Amended Complaint with Jury Demand by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder.(Carter, Paul) (Entered: 08/06/2014)

Aug. 6, 2014
58

ORDER ; Joint Report due by 9/29/2014. Case Management Conference set for 10/6/2014 at 10:30 AM before Judge Cindy K Jorgenson. Signed by Judge Cindy K Jorgenson on 8/27/14. (SMBE) (Entered: 08/27/2014)

Aug. 27, 2014
59

NOTICE of Attorney Withdrawal of Cassie D. Palmer filed by Cassie D Palmer. (Palmer, Cassie) (Entered: 09/26/2014)

Sept. 26, 2014
60

REPORT of Rule 26(f) Planning Meeting by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 09/29/2014)

Sept. 29, 2014
61

NOTICE re: Service of Initial Disclosures by Stephen Louis Rudisill . (Deixler, Bert) (Entered: 09/29/2014)

Sept. 29, 2014
62

NOTICE of Service of Discovery filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 09/29/2014)

Sept. 29, 2014
63

MOTION for Admission Pro Hac Vice as to attorney Randall L Jackson on behalf of Stephen Louis Rudisill. (BAS) (Entered: 10/03/2014)

Oct. 3, 2014

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150961 as to Randall L Jackson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 10/03/2014)

Oct. 3, 2014
65

NOTICE of Service of Discovery filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 10/03/2014)

Oct. 3, 2014
66

MINUTE ENTRY for Scheduling Conference proceedings held before Judge Cindy K. Jorgenson on 10/6/2014. A formal order will follow. Present: Bert Deixler, counsel for the Plaintiff appears telephonically. Paul Carter, counsel for the defendants is present. (Court Reporter Mary Riley.) Hearing held 10:35 a.m. to 10:50 a.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JTA) (Entered: 10/06/2014)

Oct. 6, 2014
67

MOTION (Stipulated) for Entry of a Confidentiality Order by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 10/16/2014)

Oct. 16, 2014
68

*Proposed Confidentiality Order re: 67 MOTION (Stipulated) for Entry of a Confidentiality Order . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) *Modified to remove proposed, lodged status on 10/24/2014 (BAC). (Entered: 10/16/2014)

Oct. 16, 2014
69

NOTICE of Service of Discovery filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 10/16/2014)

Oct. 16, 2014
70

ORDER: Discovery due 4/6/2015; Dispositive motions due by 5/4/2015; Proposed Pretrial Order due 6/15/2015; Status Report due by 11/14/2014. (See attached PDF for complete information). Signed by Judge Cindy K Jorgenson on 10/21/14.(BAC) (Entered: 10/21/2014)

Oct. 21, 2014
71

ORDER GRANTING 67 Stipulated Motion for the Entry of a Confidentiality Order. (See attached PDF for complete information). Signed by Judge Cindy K Jorgenson on 10/23/14.(BAC) (Entered: 10/24/2014)

Oct. 24, 2014
72

STATUS REPORT Joint Settlement Status Report by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 11/14/2014)

Nov. 14, 2014
73

NOTICE of Service of Discovery filed by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 11/19/2014)

Nov. 19, 2014
74

ORDER: This Court appoints Magistrate Judge Charles R. Pyle for purposes of settlement negotiations. Magistrate Judge Pyles chambers will contact counsel to arrange for the settlement conference. Signed by Judge Cindy K Jorgenson on 11/21/14.(BAC) (Entered: 11/24/2014)

Nov. 24, 2014
75

NOTICE of Service of Discovery filed by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 11/26/2014)

Nov. 26, 2014
76

SERVICE EXECUTED filed by Stephen Louis Rudisill. Proof of Service re: First set of Interrogatories upon Carson McWilliams, Charles Ryan, Therese Schroeder, Daniel Lundberg on 11/26/14. (BAC) (Entered: 12/10/2014)

Dec. 9, 2014
77

ORDER: IT IS ORDERED SETTING the Settlement Conference for 1/30/15 AT 9:30 A.M. at ASPC−Tucson−Santa Rita Unit. Defense counsel shall make appropriate arrangements for the settlement conference to occur at the prison. IT IS FURTHER ORDERED setting a Telephonic Status Conference re: upcoming Settlement Conference on 1/9, 2015 AT 10:00 A.M. Chambers will initiate the call. If counsel wish to be contacted at a number other than that listed on the docket, counsel should notify the undersigneds law clerk, Suzanne Kaplan McKee. Chambers will issue a letter forthwith regarding deadlines and procedure for the settlement conference. Signed by Magistrate Judge Charles R Pyle on 12/12/14.(BAC) (Entered: 12/15/2014)

Dec. 15, 2014
79

TRANSCRIPT REQUEST by Stephen Louis Rudisill for proceedings held on 10/06/14, Judge Cindy K Jorgenson hearing judge(s). (Deixler, Bert) (Entered: 01/05/2015)

Jan. 5, 2015
80

TRANSCRIPT REQUEST by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder for proceedings held on 10/6/14, Judge Cindy K Jorgenson, Judge Scheduling Conference hearing judge(s). (Carter, Paul) (Entered: 01/07/2015)

Jan. 7, 2015
81

MINUTE ENTRY for proceedings held before Magistrate Judge Charles R Pyle: Telephonic Status Conference held on 1/9/2015 regarding upcoming settlement conference. Matter will proceed to settlement conference on 1/30/15 as scheduled. This minute entry serves to notify the District Court of the status of the parties settlement discussions as directed by the District Court's Scheduling Order (Doc. 70). APPEARANCES: Telephonic appearance by Bert Deixler & Randall Jackson for Plaintiff Stephen Louis Rudisill. Telephonic appearance by Paul Carter & Michael Gottfried for Defendants Charles Ryan, Carson McWilliams, Therese Schroeder & Daniel Lundberg. This hearing was not recorded nor was a court reporter present for the duration of the proceedings. Hearing held 9:58 am to 10:17 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) (Entered: 01/09/2015)

Jan. 9, 2015
82

NOTICE of Service of Discovery filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 01/12/2015)

Jan. 12, 2015
83

TRANSCRIPT of OF CASE MANAGEMENT CONFERENCE held on 10/06/2014, before Judge CINDY K. JORGENSON. Court Reporter Mary A. Riley. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/2/2015. Redacted Transcript Deadline set for 2/12/2015. Release of Transcript Restriction set for 4/13/2015. (CSL) (Entered: 01/12/2015)

Jan. 12, 2015
84

NOTICE of Service of Discovery filed by Daniel Lundberg, Carson McWilliams, Charles Ryan, Therese Schroeder. (Carter, Paul) (Entered: 01/16/2015)

Jan. 16, 2015
85

MINUTE ENTRY for proceedings held before Magistrate Judge Charles R Pyle: Settlement Conference held on 1/30/2015. APPEARANCES: Bert Deixler & Randall Jackson for Plaintiff: Stephen Louis Rudisill. Michael Gottfried & Paul Carter for Defendants. This hearing was not recorded nor was a court reporter present for the duration of the proceedings. Hearing held 9:00 am to 2:00 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) (Entered: 02/04/2015)

Jan. 30, 2015
86

STIPULATION re Extension of Pretrial Deadlines [First Request] by Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/04/2015)

Feb. 4, 2015
87

Additional Attachments to Main Document re: 86 Stipulation [Proposed] Order by Plaintiff Stephen Louis Rudisill. (Deixler, Bert) (Entered: 02/04/2015)

Feb. 4, 2015
88

ORDER pursuant to 86 Stipulation: IT IS ORDERED: Each of the deadlines set forth in the Court's Scheduling Order is hereby extended, respectively, as follows: Deadline for Plaintiff to disclose expert witnesses is extended to 5/11/15; deadline for disclosure of rebuttal experts is extended to 5/25/15; deadline for disclosure of fact witnesses is extended to 5/25/15; discovery deadline is extended to 7/6/15; deadline to file dispositive motions is extended to 8/3/15; deadline to submit the Joint Pretrial Order is extended to 9/13/15. Signed by Judge Cindy K Jorgenson on 2/5/15.(BAC) (Entered: 02/06/2015)

Feb. 6, 2015
89

ORDER Settlement Conference set for 4/6/2015 at 09:30 AM before Magistrate Judge Charles R Pyle. IT IS ORDERED this matter is to occur at the Sandra Day O'Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona. Signed by Magistrate Judge Charles R Pyle on 2/11/15. (CKS) (Entered: 02/12/2015)

Feb. 12, 2015
91

STIPULATION re Extension of Pretrial Deadline (Second Request) by Stephen Louis Rudisill. (Attachments: # 1 Proposed Order)(Deixler, Bert) (Entered: 05/07/2015)

May 7, 2015
92

ORDER pursuant to 91 Stipulation: Deadlines set forth in the Court's 2/5/15 Order is hereby extended. The deadline for Plaintiff to disclose expert witnesses due 7/10/15; deadline for disclosure of rebuttal experts due 7/24/15; deadline for disclosure of facts witnesses is due 7/24/15; discovery deadline due 9/4/15; deadline to submit dispositive motions due 10/2/15; deadline to submit the Joint Pretrial Order due 11/12/15. Signed by Judge Cindy K Jorgenson on 5/8/15.(BAC) (Entered: 05/11/2015)

May 11, 2015
93

ORDER Setting Settlement Conference for 6/30/2015 at 09:30 AM before Magistrate Judge Charles R. Pyle.Hearing to be held at the Sandra Day O'Connor U.S. Courthouse, 401 West Washington Street, Phoenix, Arizona, in a courtroom to be determined. Signed by Magistrate Judge Charles R. Pyle on 5/28/2015. (SSG) (Entered: 05/29/2015)

May 29, 2015
94

MINUTE ENTRY for proceedings held before Magistrate Judge Charles R Pyle: Settlement Conference held on 6/30/2015. APPEARANCES: Bert Deixler & Randall Jackson for Plaintiff: Stephen Louis Rudisill. Michael Gottfried & Paul Carter for Defendants. This hearing was not recorded nor was a Court Reporter present for the duration of the proceedings. Hearing held 9:30 am to 5:00 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) (Entered: 07/01/2015)

June 30, 2015
95

STIPULATION re Extension of Pretrial Deadlines (Third Request) by Stephen Louis Rudisill. (Attachments: # 1 Text of Proposed Order)(Deixler, Bert) (Entered: 07/08/2015)

July 8, 2015
96

ORDER pursuant to 95 Stipulation : IT IS HEREBY ORDERED THAT: Each of the deadlines set forth in the Court's May 11, 2015 Order is hereby extended, respectively, as follows:The deadline for Plaintiff to disclose expert witnesses is extended to October 8, 2015; The deadline for disclosure of rebuttal experts is extended to October 22, 2015; The deadline for disclosure of facts witnesses is extended to October 22, 2015; The discovery deadline is extended to December 3, 2015; The deadline to submit dispositive motions is extended to December 31, 2015;and The deadline to submit the Joint Pretrial Order and file motions in limine is extended to February 10, 2016. Signed by Judge Cindy K Jorgenson on 7/9/2015. (DLC) (Entered: 07/10/2015)

July 10, 2015
97

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Bert H Deixler. (Deixler, Bert) (Entered: 07/15/2015)

July 15, 2015
98

ORDER setting a Settlement Conference for 8/24/2015 at 09:30 AM before Magistrate Judge Charles R Pyle to occur at the Sandra Day O'Connor U.S. Courthouse, 401 West Washington Stree, Phoenix, Arizona. Signed by Magistrate Judge Charles R Pyle on 7/21/15. (CKS) (Entered: 07/21/2015)

July 21, 2015
99

MINUTE ENTRY for proceedings held before Magistrate Judge Charles R Pyle: Settlement Conference held on 8/24/2015. Defendant, Carson McWilliams, appears for the settlement conference. APPEARANCES: Bert Deixler and Randall Jackson for Plaintiff: Stephen Louis Rudisill. Paul Carter for Defendants. This hearing was not recorded nor was a Court Reporter present for the duration of the proceedings. Hearing held 9:15 am to 2:00 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CKS) (Entered: 08/27/2015)

Aug. 24, 2015

PRO HAC VICE FEE PAID. $ 35, receipt number PHX163371 as to Susannah M Rooney. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 09/29/2015)

Sept. 29, 2015
101

ORDER pursuant to General Order 09−08 granting 100 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e−mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/29/2015)

Sept. 29, 2015

State / Territory: Arizona

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: Sept. 13, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An African-American male housed at the Arizon State Prison Complex in Tucson, Arizona. His housing assignment was made on the basis of his race.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Department of Corrections, State

Arizona State Prison Complex-Tucson, State

The State of Arizona, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $120,000

Order Duration: 2016 - 2023

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Required disclosure

Issues

General:

Classification / placement

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run