Case: United States v. Gila County

2:98-cv-02269 | U.S. District Court for the District of Arizona

Filed Date: Dec. 28, 1998

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On March 7, 1994, the Mexican Consul, Nicolas Escalante, wrote the U.S. Attorney for the District of Arizona (Janet Napolitano), complaining of poor conditions in the Gila County jail in Globe Arizona. He had been to the jail at the request of a number of Mexican citizen inmates. The U.S. Attorney's Office referred the matter to the Civil Rights Division of the Department of Justice, which opened an investigation into two jails in Gila County, one in Globe and the other in Payson Arizona. Pursu…

On March 7, 1994, the Mexican Consul, Nicolas Escalante, wrote the U.S. Attorney for the District of Arizona (Janet Napolitano), complaining of poor conditions in the Gila County jail in Globe Arizona. He had been to the jail at the request of a number of Mexican citizen inmates. The U.S. Attorney's Office referred the matter to the Civil Rights Division of the Department of Justice, which opened an investigation into two jails in Gila County, one in Globe and the other in Payson Arizona. Pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §§ 1997 et seq., the matter was opened by a notice letter dated Aug. 3, 1994, and after investigation, the Department of Justice issued findings on January 7, 1998. The findings letter noted that conditions in the Payson jail had been remedied to a sufficient extent that they were not unconstitutional. The Globe jail, by contrast, continued to have very significant problems, described in the letter.

On December 22, 1998, the U.S. Department of Justice filed this CRIPA lawsuit in the U.S. District Court for the District of Arizona regarding the conditions of confinement in the Globe jail. Judge Paul G. Rosenblatt was assigned to hear this case. On December 22, 1998, the parties reached a settlement agreement and filed joint motions to dismiss the case. Specifically, the agreement covered changes in inmate classification, security, safety and supervision, staff training, inmate exercise, sanitation, environment, fire safety, and health care.

On January 5, 1999, the U.S. District Court for the District of Arizona (Judge Paul G. Rosenblatt) granted the dismissal, conditioned upon the compliance with the terms of the settlement agreement. On November 28, 2003, the parties agreed that the defendants had substantially complied with the terms of the settlement agreement, and they filed a joint motion to unconditionally dismiss the case. On December 2, 2003, the court granted the motion to dismiss unconditionally.

Summary Authors

Kristen Sagar (10/2/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10836414/parties/united-states-v-gila-county/


Judge(s)

Rosenblatt, Paul Gerhardt (Arizona)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reno, Janet (District of Columbia)

Rivera, Jose de Jesus (Arizona)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Flores, Daisy Denise (Arizona)

Judge(s)

Rosenblatt, Paul Gerhardt (Arizona)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Lee, Bill Lann (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reno, Janet (District of Columbia)

Rivera, Jose de Jesus (Arizona)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Flores, Daisy Denise (Arizona)

Pardee, Candyce Beumler (Arizona)

Documents in the Clearinghouse

Document

2:98-cv-02269

Docket (PACER)

U.S. v. Gila County

Dec. 22, 2003

Dec. 22, 2003

Docket

2:98-cv-02269

Memorandum re: Condition of Incarceration, Gila County Jail, Globe, Arizona

CRIPA Investigation, Gila County (AZ)

No Court

April 25, 1994

April 25, 1994

Findings Letter/Report

2:98-cv-02269

Memorandum re: Proposed Investigation of the Gila County Jails in Globe, Arizona

CRIPA Investigation, Gila County (AZ)

June 3, 1994

June 3, 1994

Justification Memo

2:98-cv-02269

Notice Letter re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona

CRIPA Investigation, Gila County (AZ)

Aug. 3, 1994

Aug. 3, 1994

Notice Letter

2:98-cv-02269

Correspondence re: Gila County Jails in Globe and Payson, Arizona

CRIPA Investigation, Gila County (AZ)

Aug. 3, 1994

Aug. 3, 1994

Correspondence

Findings Letter re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona

CRIPA Investigation, Gila County (AZ)

No Court

Jan. 7, 1998

Jan. 7, 1998

Findings Letter/Report

2:98-cv-02269

Correspondence re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona

CRIPA Investigation, Gila County (AZ)

Jan. 7, 1998

Jan. 7, 1998

Correspondence
1

2:98-cv-02269

Complaint

U.S. v. Gila County

Dec. 22, 1998

Dec. 22, 1998

Complaint

2:98-cv-02269

Settlement Agreement

U.S. v. Gila County

Jan. 5, 1999

Jan. 5, 1999

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10836414/united-states-v-gila-county/

Last updated Aug. 10, 2022, 12:56 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (SAT) (Entered: 12/29/1998)

Dec. 22, 1998

Dec. 22, 1998

Clearinghouse
2

JOINT MOTION to dismiss case by Pla USA, Dft Gila County [2-1] (MAP) (Entered: 01/04/1999)

Dec. 22, 1998

Dec. 22, 1998

PACER
3

ORDER by Judge Paul G. Rosenblatt granting motion to dismiss case by Pla USA, Dft Gila County [2-1]; That this case is conditionally dismissed, pursuant to Fed.R.Civ.P. 41(a)(2), conditional upon dfts achieving compliance with the terms of the Settlement Agreement. That this case remain on the Court's inactive docket, and the Court to retain jurisdiction, until a Final Dismissal with Prejudice is entered. (NOTE: per RC in chambers term this case, no inactive docket) (cc: all counsel) (KMG) (Entered: 01/05/1999)

Jan. 5, 1999

Jan. 5, 1999

PACER
4

JOINT MOTION to Dismiss Case UNconditionally by pla, and dfts [4-1] (NOTE: At Court Order #3 on 1/5/1999 dismissed this case conditioanlly upon dfts achieving compliance with the terms of the Settlement Agreement) (KMG) (Entered: 12/02/2003)

Nov. 28, 2003

Nov. 28, 2003

PACER
5

ORDER by Judge Paul G. Rosenblatt granting motion to Dismiss Case UNconditionally by pla, and dfts [4-1]. The United States, pla having entered into a Settlement Agreement with Gila County, Arizona, et al., together with Gila County has moved this Court for entry of an Order finally and Unconditionally dismissing this action. Pursuant to Fed.R.Civ.P. 41(a)(2), this Court entered a Conditional Dismissal Order on 1/5/1999, conditional upon dfts' achieving compliance with the terms of the Settlement Agreement. The United States represents that the dft are in substantial compliance with the requirements of the Settlement Agreement. Accordingly, IT IS HEREBY ORDERED that this case shall be and is dismissed with prejudice. (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 12/02/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
6

RETURNED MAIL addressed to: Steven H. Rosenbaum re order filed [5-1] (NOTE: Return to Sender - Moved, not forwardable). (KMG) (Entered: 12/29/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
7

RETURNED MAIL addressed to: Andrew Barrick re order filed [5-1] (NOTE: Returned to Sender - Moved, Not forwardable) (KMG) (Entered: 12/29/2003)

Dec. 22, 2003

Dec. 22, 2003

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 1998

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gila County Jail (Globe, Gila), County

Gila County Jail (Payson, Gila), County

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

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

Order Duration: 1998 - 2003

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Disciplinary segregation

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run