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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 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 against the Maricopa County Sheriff's Office. Specifically, plaintiffs maintained that they were denied their constitutional rights ... read more >
In 1977, a group of pretrial detainees 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 against the Maricopa County Sheriff's Office. Specifically, plaintiffs maintained that they were denied their constitutional rights related to overcrowding, medical care, living conditions, mental health care, 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 In 1981, the parties entered into a Consent Decree which remained in force until it was superseded by a stipulated Amended Judgment entered on January 10, 1995.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 Defendants 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. 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. 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. 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 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, the 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 an 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.

Additionally, by March 2, 2015, the court said the defendants must collect and summarize data for a period of 180 days to show 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.

On December 2014, the court amended its judgment and entered its Fourth Amended Judgment. Between December 2014 and April 2019, the legal fight has consisted of several rounds of showing that defendants have not complied with the Fourth Amended Judgment.

Kristen Sagar - 03/29/2009
Nate West - 10/22/2014
Raul Noguera-McElroy - 04/19/2019


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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 (e.g., for hiring, admissions)
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
Filed Pro Se No
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
Filing Year 1977
Case Ongoing Yes
Case Listing JC-AZ-0002 : U.S. v. Maricopa County (D. Ariz.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Finding the Civil Trial's Democratic Future After Its Demise
Date: Summer 2015
By: David Marcus (University of Arizona Faculty)
Citation: 15 Nev. L.J. 1523
[ Detail ] [ External Link ]

Docket(s)
2:77-cv-00479-EHC (D. Ariz.)
JC-AZ-0008-9000.pdf | Detail
Date: 05/03/2019
Source: 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
JC-AZ-0008-0001.pdf | Detail
Date: 01/28/1999
Appellees' Responding Brief
JC-AZ-0008-0002.pdf | Detail
Date: 02/23/1999
Reply Brief of Appellants Maricopa County (Arizona) Board of Supervisors and Maricopa County Sheriff's Office
JC-AZ-0008-0003.pdf | Detail
Date: 03/16/1999
Decision Without Published Opinion (248 F.3d 1171)
JC-AZ-0008-0020.pdf | WESTLAW| LEXIS | Detail
Date: 01/25/2001
Memorandum (2 Fed.Appx. 867)
JC-AZ-0008-0021.pdf | WESTLAW| LEXIS | Detail
Date: 01/25/2001
Source: Westlaw
ACLU Press Release: "ACLU Joins Lawsuit Over Conditions at Jail Run by Infamous Arizona Sheriff"
JC-AZ-0008-0004.pdf | Detail
Date: 12/04/2003
Report and Recommendation and Order (2005 U.S.Dist.LEXIS 22300) (D. Ariz.)
JC-AZ-0008-0022.pdf | LEXIS | Detail
Date: 09/30/2005
Source: LexisNexis
Plaintiffs' Motion for Preliminary Injunction Requiring Defendants to Allow Class Counsel Access to Class Members
JC-AZ-0008-0005.pdf | Detail
Date: 10/01/2005
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
JC-AZ-0008-0006.pdf | Detail
Date: 10/17/2005
Defendants’ Response to Plaintiffs’ Objections to the Magistrate Judge’s Report and Recommendation Dated September 30, 2005
JC-AZ-0008-0008.pdf | Detail
Date: 10/24/2005
Plaintiffs' Post-Status Conference Brief
JC-AZ-0008-0007.pdf | Detail
Date: 03/29/2006
Petition for Writ of Certiorari
JC-AZ-0008-0009.pdf | Detail
Date: 07/18/2006
Brief in Opposition of Real Parties in Interest
JC-AZ-0008-0010.pdf | Detail
Date: 08/21/2006
Order (2006 U.S.Dist.LEXIS 89545) (D. Ariz.)
JC-AZ-0008-0023.pdf | LEXIS | Detail
Date: 09/28/2006
Source: LexisNexis
Untitled (549 U.S. 885)
JC-AZ-0008-0024.pdf | WESTLAW| LEXIS | Detail
Date: 10/02/2006
Source: Westlaw
Plaintiffs' Pre-Trial Brief
JC-AZ-0008-0011.pdf | Detail
Date: 07/30/2008
Source: ACLU National Prison Project
Plaintiffs' Trial Brief Concerning Remedies Available at Conclusion of Evidentiary Hearing
JC-AZ-0008-0014.pdf | Detail
Date: 08/18/2008
Source: Westlaw
2d Amended Judgment (D. Ariz.)
JC-AZ-0008-0012.pdf | Detail
Date: 10/22/2008
Source: ACLU National Prison Project
Findings of Fact and Conclusions of Law (2008 WL 4699770) (D. Ariz.)
JC-AZ-0008-0013.pdf | WESTLAW | Detail
Date: 10/22/2008
Source: ACLU National Prison Project
Second Amended Judgment (D. Ariz.)
JC-AZ-0008-0015.pdf | Detail
Date: 10/22/2008
Source: ACLU National Prison Project
Judgment [ECF# 1828] (D. Ariz.)
JC-AZ-0008-0016.pdf | Detail
Date: 07/02/2009
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 1845] (D. Ariz.)
JC-AZ-0008-0017.pdf | Detail
Date: 07/30/2009
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 1880] (D. Ariz.)
JC-AZ-0008-0027.pdf | Detail
Date: 04/07/2010
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 1972] (2011 WL 1843026) (D. Ariz.)
JC-AZ-0008-0018.pdf | WESTLAW | Detail
Date: 05/16/2011
Source: PACER [Public Access to Court Electronic Records]
Order (2011 WL 2784810) (D. Ariz.)
JC-AZ-0008-0019.pdf | WESTLAW | Detail
Date: 07/15/2011
Source: Westlaw
Third Amended Judgment [ECF# 2094] (D. Ariz.)
JC-AZ-0008-0028.pdf | Detail
Date: 05/24/2012
Source: PACER [Public Access to Court Electronic Records]
Findings of Fact and Conclusions of Law and Order [ECF# 2283] (D. Ariz.)
JC-AZ-0008-0026.pdf | Detail
Date: 09/30/2014
Source: PACER [Public Access to Court Electronic Records]
Fourth Amended Judgment [ECF# 2284] (D. Ariz.)
JC-AZ-0008-0025.pdf | Detail
Date: 09/30/2014
Source: PACER [Public Access to Court Electronic Records]
Revised Fourth Amended Judgment [ECF# 2299] (D. Ariz.)
JC-AZ-0008-0029.pdf | Detail
Date: 12/10/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Browning, James Robert (Ninth Circuit) show/hide docs
JC-AZ-0008-0021
Carroll, Earl Hamblin (FISC, D. Ariz.) show/hide docs
JC-AZ-0008-0006 | JC-AZ-0008-0008 | JC-AZ-0008-0023
Kleinfeld, Andrew Jay (D. Alaska, Ninth Circuit) show/hide docs
JC-AZ-0008-0021
Rymer, Pamela Ann (C.D. Cal., Ninth Circuit) show/hide docs
JC-AZ-0008-0021
Sitver, Morton (D. Ariz.) show/hide docs
JC-AZ-0008-0022
Wake, Neil Vincent (D. Ariz.) show/hide docs
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-0008-0029 | JC-AZ-0008-9000
Plaintiff's Lawyers Balaban, Eric G. (District of Columbia) show/hide docs
JC-AZ-0008-9000
Bendheim, Alice L. (Arizona) show/hide docs
JC-AZ-0008-0005 | JC-AZ-0008-0007 | JC-AZ-0008-0022 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Desai, Sharad H. (Arizona) show/hide docs
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Eber, Gabriel B. (District of Columbia) show/hide docs
JC-AZ-0008-9000
Fathi, David Cyrus (District of Columbia) show/hide docs
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) show/hide docs
JC-AZ-0008-9000
Hammond, Larry A. (Arizona) show/hide docs
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) show/hide docs
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) show/hide docs
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) show/hide docs
JC-AZ-0008-9000
Meyers, Diane M. (Arizona) show/hide docs
JC-AZ-0008-0007 | JC-AZ-0008-0010 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Nguyen, Hanh (District of Columbia) show/hide docs
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Pochoda, Daniel Joseph (Arizona) show/hide docs
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Romero, Jason J. (Arizona) show/hide docs
JC-AZ-0008-0007 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Rosenbaum, David B. (Arizona) show/hide docs
JC-AZ-0008-0023 | JC-AZ-0008-9000
Rubalcava, Christina Claire (Arizona) show/hide docs
JC-AZ-0008-9000
Shelton, Patti James (Arizona) show/hide docs
JC-AZ-0008-9000
U'Ren, Stephen A. (Arizona) show/hide docs
JC-AZ-0008-0002
Winter, Margaret (District of Columbia) show/hide docs
JC-AZ-0008-0011 | JC-AZ-0008-0014 | JC-AZ-0008-9000
Defendant's Lawyers Begley, William F. (Arizona) show/hide docs
JC-AZ-0008-9000
Birnbaum, Gary L. (Arizona) show/hide docs
JC-AZ-0008-0001 | JC-AZ-0008-0003 | JC-AZ-0008-0022 | JC-AZ-0008-9000
Cloman, Courtney Rachel (Arizona) show/hide docs
JC-AZ-0008-9000
Conaway, Jessica Ann (Arizona) show/hide docs
JC-AZ-0008-9000
Cronin, Mary Collins (Arizona) show/hide docs
JC-AZ-0008-9000
Crown, Larry Jay (Arizona) show/hide docs
JC-AZ-0008-9000
Dixon, Thomas (Arizona) show/hide docs
JC-AZ-0008-0001 | JC-AZ-0008-0003
Flaggman, Sherle Rubin (Arizona) show/hide docs
JC-AZ-0008-9000
Franco, Jorge (Arizona) show/hide docs
JC-AZ-0008-9000
Hall, Norman Glenn (Arizona) show/hide docs
JC-AZ-0008-9000
Iafrate, Michele Marie (Arizona) show/hide docs
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) show/hide docs
JC-AZ-0008-9000
Lai, Anne (Arizona) show/hide docs
JC-AZ-0008-9000
Liddy, Thomas P (Arizona) show/hide docs
JC-AZ-0008-9000
Lordan, Thomas (Arizona) show/hide docs
JC-AZ-0008-0015
Micheaels, John A. (Arizona) show/hide docs
JC-AZ-0008-0001 | JC-AZ-0008-0003 | JC-AZ-0008-9000
Polson, Adam S. (Arizona) show/hide docs
JC-AZ-0008-0006 | JC-AZ-0008-0007 | JC-AZ-0008-0008 | JC-AZ-0008-0023 | JC-AZ-0008-9000
Pringle, Andrew L. (Arizona) show/hide docs
JC-AZ-0008-0001 | JC-AZ-0008-0002 | JC-AZ-0008-0003 | JC-AZ-0008-0022 | JC-AZ-0008-9000
Weeks, Phillip (Arizona) show/hide docs
JC-AZ-0008-9000
Wilenchik, Dennis Ira (Arizona) show/hide docs
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) show/hide docs
JC-AZ-0008-9000

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