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Case Name Graves v. Arpaio JC-AZ-0008
Docket / Court 2:77-cv-00479 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Jail Conditions
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU National Prison Project
Case Summary
In 1977, a group of pretrial detainees incarcerated in Maricopa County Jail filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Arizona, alleging that the Maricopa County Sheriff's Office denied them their constitutional rights. Specifically, plaintiffs ... read more >
In 1977, a group of pretrial detainees incarcerated in Maricopa County Jail filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of Arizona, alleging that the Maricopa County Sheriff's Office denied them their constitutional rights. Specifically, plaintiffs maintained that they were denied rights related to overcrowding, medical care, living conditions, prisoner privileges, access to legal materials, and access to courts. A plaintiff class was subsequently certified. In 1981, the parties entered into a Consent Decree which remained in force until it was superseded by a stipulated Amended Judgment entered on January 10, 1995.

In April 1998, the Sheriff and the County moved to terminate the Amended Judgment in accordance with the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3526(b). On September 10, 1998, the District Court denied the motion to terminate, and defendants appealed. The Ninth Circuit Court of Appeals reversed the denial of termination and remanded for further consideration in light of Gilmore v. California, 220 F.3d 987 (2000), which held that § 3526(b) of the PLRA was not unconstitutional. Hart v. Arpaio, 2 Fed.Appx. 867 (9th Cir. 2001).

On remand, the parties submitted briefs to the District Court addressing those aspects of the Maricopa County Jail operations that potentially raised constitutional concerns covered by the Amended Judgment. Full evidentiary hearings were held by the District Court in November 2003 and January 2004. In January 2005, the case was referred to Magistrate Judge Sitver, who issued a Report and Recommendation on September 30, 2005. Hart v. Maricopa County Sheriff's Office, 2005 U.S. Dist. LEXIS 22300 (D. Ariz. 2005).

On February 6, 2006, the Sheriff and County filed a writ of mandamus with the Ninth Circuit, requesting an order compelling the District Court to rule on defendants' motion to terminate. The Ninth Circuit denied the writ on April 19, 2006 and the U.S. Supreme Court denied Certiorari on October 2, 2006. Maricopa County Sheriff's Office v. U.S. Dist. Court for Dist. of Arizona, 127 S.Ct. 370 (2006).

On September 28, 2006, the District Court adopted the magistrate's report and recommendation which, in part, called for the production of various documents by the defendants. Hart v. Maricopa County Sheriff's Office, 2006 U.S. Dist. LEXIS 89545 (D. Ariz. 2006).

The District Court held an evidentiary hearing that started on August 12, 2008 and ran for several weeks, during which it considered the defendants' motion to terminate. On October 22, 2008, the court issued its Second Amended Judgment, which terminated part of the original judgment, but which kept some of the previous injunctive rulings in effect. Specifically, the court refused to terminate the portions of the earlier judgment that dealt with crowding, sanitation, medication administration, classification procedures, medical care, mental health care, recreation and exercise, food, and record keeping.

On November 21, 2008, defendants sought appellate review of the Second Amended Judgment. On January 28, 2009, the Court appointed experts to serve as independent evaluators of defendants' compliance with the medical and mental health provisions of the Second Amended Judgment. On April 7, 2010, because the defendants failed to comply with the Second Amended Judgment's medical and mental health requirements, the Court issued an order requiring the parties to develop a proposed schedule for confirming defendants' full compliance by the end of 2010. On April 4, 2011, the Ninth Circuit affirmed the Second Amended Judgment.

On October 12, 2011, the parties stipulated that certain non-medical provisions of the Second Amended Judgment should be terminated and that other provisions should remain in effect. On April 24, 2012, defendants moved to terminate some provisions of the Second Amended Judgment pursuant to 18 U.S.C. § 3626(b), and plaintiffs did not oppose the motion. On May 24, 2012, defendants' motion was granted, and those provisions of the Second Amended Judgment that remained in effect were restated in a Third Amended Judgment. On August 9, 2013, because defendants disagreed with the status reports of the court-appointed monitors, defendants moved to terminate the Third Amended Judgment, pursuant to 18 U.S.C. § 3626(A)(1).

On September 30, 2014, after a prior evidentiary hearing, Judge Neil Wake issued an order denying defendants' motion to terminate the Third Amended Judgment. The Court declared that defendants must adopt certain policies regarding medical and mental health care and file with the Court a copy of each policy adopted. The Court further ordered that, by February 27, 2015, defendants must hire additional staff, provide more training, and make facility modifications. Finally, by March 2, 2015, defendants must collect and summarize data for a period of 180 days that shows the extent to which they have complied with these provisions and must file with the Court a report of the data collected. The Court restated those provisions of the Third Amended Judgment that remained in effect and stated the additional prospective relief granted by the order in a Fourth Amended Judgment. The Court awarded plaintiffs attorneys fees incurred in defending against the motion to terminate.

The case is ongoing.

Kristen Sagar - 03/29/2009
Nate West - 10/22/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Goals and Timekeeping
Hire
Monitoring
Other requirements regarding hiring, promotion, retention
Recordkeeping
Reporting
Crowding
Crowding / caseload
Defendant-type
Jurisdiction-wide
General
Access to lawyers or judicial system
Administrative segregation
Assault/abuse by residents/inmates/students
Conditions of confinement
Disciplinary procedures
Food service / nutrition / hydration
Law library access
Library (non-law) access
Mail
Phone
Recreation / Exercise
Religious programs / policies
Restraints : physical
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Suicide prevention
Totality of conditions
Visiting
Medical/Mental Health
Dental care
Medical care, general
Medication, administration of
Mental health care, general
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Maricopa County
Maricopa County Board of Supervisors
Maricopa County Sheriff's Office
Plaintiff Description All pretrial detainees held in the Maricopa County Jail system.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1981 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing JC-AZ-0002 : U.S. v. Maricopa County (D. Ariz.)
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Finding the Civil Trial's Democratic Future After Its Demise
Written: Jan. 25, 2016
By: David Marcus (University of Arizona)
Citation: 15 Nev. L.J. 1523
[ Detail ] [ External Link ]

Docket(s)
2:77-cv-00479-EHC (D. Ariz.) 10/14/2014
JC-AZ-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opening Brief of Appellants Maricopa County (Arizona) Board of Supervisors and Maricopa County Sheriff's Office 01/28/1999
JC-AZ-0008-0001.pdf | Detail
Appellees' Responding Brief 02/23/1999
JC-AZ-0008-0002.pdf | Detail
Reply Brief of Appellants Maricopa County (Arizona) Board of Supervisors and Maricopa County Sheriff's Office 03/16/1999
JC-AZ-0008-0003.pdf | Detail
Decision Without Published Opinion 01/25/2001 (248 F.3d 1171)
JC-AZ-0008-0020.pdf | WESTLAW| LEXIS | Detail
Memorandum 01/25/2001 (2 Fed.Appx. 867)
JC-AZ-0008-0021.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
ACLU Press Release: "ACLU Joins Lawsuit Over Conditions at Jail Run by Infamous Arizona Sheriff" 12/04/2003
JC-AZ-0008-0004.pdf | Detail
Report and Recommendation and Order 09/30/2005 (2005 U.S.Dist.LEXIS 22300) (D. Ariz.)
JC-AZ-0008-0022.pdf | LEXIS | Detail
Document Source: LexisNexis
Plaintiffs' Motion for Preliminary Injunction Requiring Defendants to Allow Class Counsel Access to Class Members 10/01/2005
JC-AZ-0008-0005.pdf | Detail
Defendants' Maricopa County Board of Supervisor's Objections to 9/30/05 Report and Recommendation and Motion for Protective Order and Request to Set Hearing/Oral Argument on Motion to Terminate 10/17/2005
JC-AZ-0008-0006.pdf | Detail
Defendants’ Response to Plaintiffs’ Objections to the Magistrate Judge’s Report and Recommendation Dated September 30, 2005 10/24/2005
JC-AZ-0008-0008.pdf | Detail
Plaintiffs' Post-Status Conference Brief 03/29/2006
JC-AZ-0008-0007.pdf | Detail
Petition for Writ of Certiorari 07/18/2006
JC-AZ-0008-0009.pdf | Detail
Brief in Opposition of Real Parties in Interest 08/21/2006
JC-AZ-0008-0010.pdf | Detail
Order 09/28/2006 (2006 U.S.Dist.LEXIS 89545) (D. Ariz.)
JC-AZ-0008-0023.pdf | LEXIS | Detail
Document Source: LexisNexis
Untitled 10/02/2006 (549 U.S. 885)
JC-AZ-0008-0024.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Plaintiffs' Pre-Trial Brief 07/30/2008
JC-AZ-0008-0011.pdf | Detail
Document Source: ACLU National Prison Project
Plaintiffs' Trial Brief Concerning Remedies Available at Conclusion of Evidentiary Hearing 08/18/2008
JC-AZ-0008-0014.pdf | Detail
Document Source: Westlaw
2d Amended Judgment 10/22/2008 (D. Ariz.)
JC-AZ-0008-0012.pdf | Detail
Document Source: ACLU National Prison Project
Findings of Fact and Conclusions of Law 10/22/2008 (2008 WL 4699770) (D. Ariz.)
JC-AZ-0008-0013.pdf | WESTLAW | Detail
Document Source: ACLU National Prison Project
Second Amended Judgment 10/22/2008 (D. Ariz.)
JC-AZ-0008-0015.pdf | Detail
Document Source: ACLU National Prison Project
Judgment 07/02/2009 (D. Ariz.)
JC-AZ-0008-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/30/2009 (D. Ariz.)
JC-AZ-0008-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/07/2010 (D. Ariz.)
JC-AZ-0008-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/16/2011 (2011 WL 1843026) (D. Ariz.)
JC-AZ-0008-0018.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 07/15/2011 (2011 WL 2784810) (D. Ariz.)
JC-AZ-0008-0019.pdf | WESTLAW | Detail
Document Source: Westlaw
Third Amended Judgment 05/24/2012 (D. Ariz.)
JC-AZ-0008-0028.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Fourth Amended Judgment 09/30/2014 (D. Ariz.)
JC-AZ-0008-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings of Fact and Conclusions of Law and Order 09/30/2014 (D. Ariz.)
JC-AZ-0008-0026.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Browning, James Robert (Ninth Circuit)
JC-AZ-0008-0021
Carroll, Earl Hamblin (FISC, D. Ariz.)
JC-AZ-0008-0006 | JC-AZ-0008-0008 | JC-AZ-0008-0023
Kleinfeld, Andrew Jay (D. Alaska, Ninth Circuit) [Magistrate]
JC-AZ-0008-0021
Rymer, Pamela Ann (Ninth Circuit, C.D. Cal.)
JC-AZ-0008-0021
Sitver, Morton (D. Ariz.) [Magistrate]
JC-AZ-0008-0022
Wake, Neil Vincent (D. Ariz.)
JC-AZ-0008-0011 | JC-AZ-0008-0012 | JC-AZ-0008-0013 | JC-AZ-0008-0015 | JC-AZ-0008-0017 | JC-AZ-0008-0018 | JC-AZ-0008-0019 | JC-AZ-0008-0025 | JC-AZ-0008-0026 | JC-AZ-0008-0027 | JC-AZ-0008-0028 | JC-AZ-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Balaban, Eric G. (District of Columbia)
JC-AZ-0008-9000
Bendheim, Alice L. (Arizona)
JC-AZ-0008-0005 | JC-AZ-0008-0007 | JC-AZ-0008-0022 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Desai, Sharad H. (Arizona)
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Eber, Gabriel B. (District of Columbia)
JC-AZ-0008-9000
Fathi, David Cyrus (District of Columbia)
JC-AZ-0008-0005 | JC-AZ-0008-0007 | JC-AZ-0008-0010 | JC-AZ-0008-0022 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Flood, Kelly Joyce (Arizona)
JC-AZ-0008-9000
Hammond, Larry A. (Arizona)
JC-AZ-0008-0007 | JC-AZ-0008-0010 | JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Hill, Debra Ann (Arizona)
JC-AZ-0008-0007 | JC-AZ-0008-0010 | JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Jarvi, Theodore C. (Arizona)
JC-AZ-0008-0002 | JC-AZ-0008-0003 | JC-AZ-0008-0005 | JC-AZ-0008-0007 | JC-AZ-0008-0022 | JC-AZ-0008-9000
Lyall, James Duff (Arizona)
JC-AZ-0008-9000
Meyers, Diane M. (Arizona)
JC-AZ-0008-0007 | JC-AZ-0008-0010 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Nguyen, Hanh (District of Columbia)
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Pochoda, Daniel Joseph (Arizona)
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Romero, Jason J. (Arizona)
JC-AZ-0008-0007 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Rosenbaum, David B. (Arizona)
JC-AZ-0008-0023 | JC-AZ-0008-9000
Rubalcava, Christina Claire (Arizona)
JC-AZ-0008-9000
Shelton, Patti James (Arizona)
JC-AZ-0008-9000
U'Ren, Stephen A. (Arizona)
JC-AZ-0008-0002
Winter, Margaret (District of Columbia)
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Defendant's Lawyers Begley, William F. (Arizona)
JC-AZ-0008-9000
Birnbaum, Gary L. (Arizona)
JC-AZ-0008-0001 | JC-AZ-0008-0003 | JC-AZ-0008-0022 | JC-AZ-0008-9000
Cloman, Courtney Rachel (Arizona)
JC-AZ-0008-9000
Conaway, Jessica Ann (Arizona)
JC-AZ-0008-9000
Cronin, Mary Collins (Arizona)
JC-AZ-0008-9000
Crown, Larry Jay (Arizona)
JC-AZ-0008-9000
Dixon, Thomas (Arizona)
JC-AZ-0008-0001 | JC-AZ-0008-0003
Flaggman, Sherle Rubin (Arizona)
JC-AZ-0008-9000
Franco, Jorge (Arizona)
JC-AZ-0008-9000
Hall, Norman Glenn (Arizona)
JC-AZ-0008-9000
Iafrate, Michele Marie (Arizona)
JC-AZ-0008-0006 | JC-AZ-0008-0007 | JC-AZ-0008-0008 | JC-AZ-0008-0009 | JC-AZ-0008-0022 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Kaven, Brian (Arizona)
JC-AZ-0008-9000
Lai, Anne (Arizona)
JC-AZ-0008-9000
Liddy, Thomas P (Arizona)
JC-AZ-0008-9000
Lordan, Thomas (Arizona)
JC-AZ-0008-0015
Micheaels, John A. (Arizona)
JC-AZ-0008-0001 | JC-AZ-0008-0003 | JC-AZ-0008-9000
Polson, Adam S. (Arizona)
JC-AZ-0008-0006 | JC-AZ-0008-0007 | JC-AZ-0008-0008 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Pringle, Andrew L. (Arizona)
JC-AZ-0008-0001 | JC-AZ-0008-0002 | JC-AZ-0008-0003 | JC-AZ-0008-0022 | JC-AZ-0008-9000
Weeks, Phillip (Arizona)
JC-AZ-0008-9000
Wilenchik, Dennis Ira (Arizona)
JC-AZ-0008-0006 | JC-AZ-0008-0007 | JC-AZ-0008-0008 | JC-AZ-0008-0009 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Other Lawyers Clark, Stephen C. (California)
JC-AZ-0008-9000

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