University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Arnold v. Lewis MH-AZ-0001
Docket / Court 2:91-cv-01808-RGS ( D. Ariz. )
State/Territory Arizona
Case Type(s) Mental Health (Facility)
Case Summary
On November 14, 1991, a female inmate incarcerated by the Arizona Department of Corrections (ADOC) filed a lawsuit under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 against Perryville Prison and ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiff and ... read more >
On November 14, 1991, a female inmate incarcerated by the Arizona Department of Corrections (ADOC) filed a lawsuit under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 against Perryville Prison and ADOC in the U.S. District Court for the District of Arizona, Phoenix Division. The plaintiff and the plaintiff's guardian ad litem, represented by the Arizona Center for Disability Law, asked the court for declaratory and injunctive relief enjoining the defendants from transferring the plaintiff, alleging that the prison officials' deliberate indifference to mental health needs was unconstitutional in violation of the Eighth and Fourteenth Amendments.

On November 14, 1991, the District Court (Judge Carl A. Muecke) issued a temporary restraining order, enjoining the defendants from transferring the plaintiff from the Flamenco unit at Perryville Prison anywhere but to Arizona State Hospital (ASH) and enjoining the defendants from placing the plaintiff in lock down, isolation, seclusion, or in restraints for any reason while she remained at the Flamenco unit.

After a November 19, 1991, hearing on the plaintiff's motion for a preliminary injunction, the parties agreed to a stipulated preliminary injunction and began settlement negotiations. Apparently the settlement negotiations failed, and at a November 25, 1991, hearing, the District Court (Judge Muecke) ordered the temporary restraining order to remain in effect. On December 2, 1991, Judge Muecke issued another temporary restraining order.

Hearings continued during which several defendants were dismissed and several of the plaintiff's allegations dismissed.

On September 3, 1992, the District Court (Judge Muecke) granted a permanent injunction enjoining the prison officials from transferring the plaintiff from the Flamenco unit to the Santa Maria Unit at Perryville Prison and enjoining the prison officials from placing the plaintiff in lock down as punishment for behavior that resulted from her mental illness. Arnold v. Lewis, 803 F. Supp. 246 (D. Ariz. 1992). Judge Muecke found that the prison officials (a) neglected to treat the plaintiff's mental illness by placing her in lock down as punishment for behavior resulting from her mental illness, and by failing to provide psychiatric follow-up for her while she was locked down, (b) failed to monitor the plaintiff's medication, (c) failed to transfer the plaintiff to ASH when necessary for treatment. Further, Judge Muecke consolidated this case with Casey v. Lewis, PC-AZ-0004, Hook v. Arizona, PC-AZ-0006, and Gluth v. Arizona, PC-AZ-0011.

On November 18, 1994, the District Court (Judge Muecke) appointed a special master to formulate the injunctive relief.

On October 17, 1995, the District Court (Judge David Alan Ezra), ruling on the consolidated cases, granted the plaintiffs' motions to hold the Director of ADOC in contempt, found unconstitutional an Arizona law excepting the State from paying Special Masters, and denied the defendants' motions to modify. Hook v. Arizona, 907 F. Supp. 1326 (D. Ariz. 1995). The defendants appealed.

On February 27, 1997, as amended on April 22, 1997, the Ninth Circuit Court of Appeals (Judge Thompson) affirmed the District Court's October 17, 1995, ruling. Hook v. Arizona, 107 F.3d 1397 (9th Cir. 1997). The Court found that the supremacy clause precluded application of the state statute, that the Eleventh Amendment did not prohibit the court from ordering state to pay the special masters, that the state statute did not make it impossible for the Director of ADOC to comply with the decree and that the District Court's imposition of a fine was not an abuse of discretion.

We have no information on the Special Master's findings, and no more information on this case.

Josh Altman - 06/14/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
General
Confinement/isolation
Medical/Mental Health
Medication, administration of
Mental health care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Arizona Mental Health Prisons
Plaintiff Description Prisoner alleging prison officials' deliberate indifference to mental health needs was unconstitutional
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1992 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Case Listing PC-AZ-0004 : Casey v. Lewis (D. Ariz.)
PC-AZ-0006 : Hook v. Arizona (D. Ariz.)
PC-AZ-0011 : Gluth v. Arizona Department of Corrections (D. Ariz.)
Docket(s)
91-CV-1808 (D. Ariz.) 02/03/1998
MH-AZ-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Findings of Fact and Conclusions of Law 09/03/1992 (803 F.Supp. 246) (D. Ariz.)
MH-AZ-0001-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Granting Plaintiffs' Motions for Contempt and Denying Defendants' Motions to Modify 10/17/1995 (907 F.Supp. 1326) (D. Ariz.)
MH-AZ-0001-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Ezra, David Alan (D. Haw.)
MH-AZ-0001-0004
Muecke, Charles Andrew (D. Ariz.)
MH-AZ-0001-0003
Strand, Roger Gordon (D. Ariz.)
MH-AZ-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Stuart H. Jr. (District of Columbia)
MH-AZ-0001-0004
Aiyetoro, Adjoa A. (District of Columbia)
MH-AZ-0001-0004
Bendheim, Alice L. (Arizona)
MH-AZ-0001-0004
Cohen, Leslie J. (District of Columbia)
MH-AZ-0001-0004 | MH-AZ-0001-9000
Coppersmith, Samuel George (Arizona)
MH-AZ-0001-0004
Fathi, David Cyrus (District of Columbia)
MH-AZ-0001-0004
Fox, Tannis L. (Arizona)
MH-AZ-0001-0003 | MH-AZ-0001-9000
Gan, Scott H. (Arizona)
MH-AZ-0001-0004
Gordon, Andrew S. (Arizona)
MH-AZ-0001-0004
Nomkin, Joel W. (Arizona)
MH-AZ-0001-0004
Rosati, Kristen Brink (Arizona)
MH-AZ-0001-0004
Stephan, Craig Allen (Arizona)
MH-AZ-0001-0004
Weeks, Lawrence B. (California)
MH-AZ-0001-0004
Weiss, Rachel Rife (Arizona)
MH-AZ-0001-0004
Defendant's Lawyers Abney, Lynne W. (Arizona)
MH-AZ-0001-0004
Adler, Vicki Gotkin (Arizona)
MH-AZ-0001-0004
Albrecht, Richard (Arizona)
MH-AZ-0001-0004
Bueler, Gordon Samuel (Arizona)
MH-AZ-0001-0004
Corbin, Robert K. (Arizona)
MH-AZ-0001-0004
Dennis, Thomas John (Arizona)
MH-AZ-0001-0004
Gaylord, John M. (Arizona)
MH-AZ-0001-0004
Gotkin, Vicki (Arizona)
MH-AZ-0001-9000
Hochuli, Edward G. (Arizona)
MH-AZ-0001-0004 | MH-AZ-0001-9000
Lopez, Bernard Phillip (Arizona)
MH-AZ-0001-0004
Lugosi, Karen L. (Arizona)
MH-AZ-0001-0004
Mills, Michelle Lynne (Arizona)
MH-AZ-0001-0004
Morrow, James Russel (Arizona)
MH-AZ-0001-0004
Overholser, Sonia (Arizona)
MH-AZ-0001-0003 | MH-AZ-0001-9000
Struck, Daniel Patrick (Arizona)
MH-AZ-0001-0004 | MH-AZ-0001-9000
Weineke, Kathleen L. (Arizona)
MH-AZ-0001-0004 | MH-AZ-0001-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -