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


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

Docket (PACER)

U.S. v. Gila County

Dec. 22, 2003 Docket

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

CRIPA Investigation, Gila County (AZ)

No Court

April 25, 1994 Findings Letter/Report

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

CRIPA Investigation, Gila County (AZ)

June 3, 1994 Justification Memo

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

CRIPA Investigation, Gila County (AZ)

Aug. 3, 1994 Correspondence

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

CRIPA Investigation, Gila County (AZ)

Aug. 3, 1994 Notice Letter

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

CRIPA Investigation, Gila County (AZ)

Jan. 7, 1998 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 Findings Letter/Report
1

Complaint

U.S. v. Gila County

Dec. 22, 1998 Complaint

Settlement Agreement

U.S. v. Gila County

Jan. 5, 1999 Settlement Agreement

Docket

Last updated May 13, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Arizona

Case Type(s):

Jail Conditions

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