University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Does v. Stewart PC-AZ-0009
Docket / Court 96-486 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Prison Conditions
Case Summary
Beginning in 1995, inmates in Protective Segregation (PS) status filed a series of lawsuits, pro se, to enjoin the Arizona Department of Corrections (ADOC) from implementing a plan to screen its PS population for transfer to general population (GP) units. The lawsuits were brought under Section 198 ... read more >
Beginning in 1995, inmates in Protective Segregation (PS) status filed a series of lawsuits, pro se, to enjoin the Arizona Department of Corrections (ADOC) from implementing a plan to screen its PS population for transfer to general population (GP) units. The lawsuits were brought under Section 1983 in the District of Arizona; they charged violation of the 8th amendment.

In December 1995, the District Court for the District of Arizona stayed and consolidated the individual cases as Does v. Stewart, and appointed private counsel for the inmates. On February 22, 1996, counsel filed an amended class action complaint on behalf of all PS inmates seeking equitable relief, primarily requesting that the ADOC implement a plan ""to ensure that Protective Segregation prisoners' safety is protected."" In April 1996, the Court certified the PS inmates as a class. Following trial the Court, in a December 1996 memorandum opinion and order, permanently enjoined ADOC from transferring PS inmates to general population. In April 1997, the Court altered the order, to allow ADOC to submit a plan detailing the safe transfer of PS inmates to GP.

Nearly three years later, in February 2000, the ADOC filed a Proposed Remedial Plan. Under the revised process ADOC committed to the following, among other steps: PS-related decisions would be ""clearly documented, well-reasoned, and appropriately reviewed""; multi-level reviews would be allowed; and a PS Administrator and multi-disciplinary PS Committee would review all PS placement and removal decisions. Fundamental to the plan was recognition that PS is not a punitive status and that PS inmates would be provided the same privileges and programs as similarly classified GP inmates.

This plan was accepted by plaintiffs and included in a July 2000 settlement agreement. The settlement agreement requested that the Court conditionally dismiss the lawsuit pursuant to Fed. R. Civ. P. 41(a)(2) and place the lawsuit on the Court's inactive docket prior to final dismissal. Final dismissal could not occur before the first annual review by a jointly appointed Monitor. The settlement agreement named Steven J. Martin as a monitor, and required him to file quarterly reports with the Court regarding ADOC's compliance with the Plan. The settlement agreement provided for final dismissal after the monitor found ""substantial compliance.""

Following the filing of the Third Monitor Report on June 25, 2001, the monitor indicated to the ADOC he would likely recommend the monitoring period be terminated in December of 2001. The lawsuit was dismissed in June 2002.

Eoghan Keenan - 04/16/2005


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Issues and Causes of Action
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Issues
General
Administrative segregation
Assault/abuse by residents/inmates/students
Classification / placement
Protective custody
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Arizona DOC
Plaintiff Description prisoners of the State of Arizona being housed in administrative segregation
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1996 - 2002
Case Closing Year 2002
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Effective Post-PLRA Settlement Models: A Case Study of Arizona's Protective Segregation Lawsuit
By: Debbie A. Hill, Larry Hammond, Bruce Skolnik, Steve Martin, & Donna Clement
Citation: 24 Pace L. Rev. 743 (2004)
[ Detail ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

  Sunbelt Justice: Arizona and the Transformation of American Punishment
By: Mona Lynch (UC Irvine)
Citation: (2010)
[ Detail ] [ External Link ]

Docket(s)
96-00486 (D. Ariz.) 02/12/2007
PC-AZ-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Proposed Remedial plan by the Arizona DOC re: Protective segregation issues 02/09/2000
PC-AZ-0009-0001.pdf | Detail
Settlement Agreement 07/13/2000
PC-AZ-0009-0002.pdf | Detail
Judges Nielsen, William Fremming (E.D. Wash.)
PC-AZ-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bendheim, Alice L. (Arizona)
PC-AZ-0009-9000
Gordon, Andrew S. (Arizona)
PC-AZ-0009-9000
Hammond, Larry A. (Arizona)
PC-AZ-0009-0002 | PC-AZ-0009-9000
Hentoff, Nicholas Simon (Arizona)
PC-AZ-0009-9000
Hill, Debra Ann (Arizona)
PC-AZ-0009-0002 | PC-AZ-0009-9000
Peters, Donald M. (Arizona)
PC-AZ-0009-9000
Whitten, Samuel V. III (Arizona)
PC-AZ-0009-9000
Defendant's Lawyers Gaylord, John M. (Arizona)
PC-AZ-0009-9000
Skolnik, Bruce L. (Arizona)
PC-AZ-0009-0001 | PC-AZ-0009-0002 | PC-AZ-0009-9000
Voss, Teresa M. (Arizona)
PC-AZ-0009-9000
Other Lawyers None on record

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