University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. Gila County JC-AZ-0001
Docket / Court 98-2269 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Jail Conditions
Attorney Organization U.S. Dept. of Justice Civil Rights Division
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' ... read more >
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.

Kristen Sagar - 10/02/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
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
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Gila County Jail
Gila County Jail
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1998 - 2003
Case Closing Year 2003
Case Ongoing No
Additional Resources
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Links An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Written: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice)
[ Detail ] [ External Link ]

Docket(s)
2:98-cv-02269-PGR (D. Ariz.)
JC-AZ-0001-9000.pdf | Detail
Date: 12/22/2003
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum re: Condition of Incarceration, Gila County Jail, Globe, Arizona
JC-AZ-0001-0001.pdf | Detail
Date: 04/25/1994
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Memorandum re: Proposed Investigation of the Gila County Jails in Globe, Arizona
JC-AZ-0001-0002.pdf | Detail
Date: 06/03/1994
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Correspondence re: Gila County Jails in Globe and Payson, Arizona
JC-AZ-0001-0003.pdf | Detail
Date: 08/03/1994
Notice Letter re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona
JC-AZ-0001-0004.pdf | Detail
Date: 08/03/1994
Correspondence re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona
JC-AZ-0001-0005.pdf | Detail
Date: 01/07/1998
Source: U.S. Dep't of Justice, Civil Rights Division, Housing and Civil Enforcement
Findings Letter re: CRIPA Investigation of Gila County Jails in Globe and Payson, Arizona
JC-AZ-0001-0006.pdf | Detail
Date: 01/07/1998
Complaint
JC-AZ-0001-0008.pdf | Detail
Date: 12/22/1998
Settlement Agreement
JC-AZ-0001-0007.pdf | Detail
Date: 01/05/1999
Judges Rosenblatt, Paul Gerhardt Court not on record
JC-AZ-0001-9000
Plaintiff's Lawyers Barrick, Andrew J. (District of Columbia)
JC-AZ-0001-0007 | JC-AZ-0001-0008 | JC-AZ-0001-9000
Lee, Bill Lann (District of Columbia)
JC-AZ-0001-0005 | JC-AZ-0001-0006
Nelson, Mellie H. (District of Columbia)
JC-AZ-0001-0008 | JC-AZ-0001-9000
Patrick, Deval L. (District of Columbia)
JC-AZ-0001-0002 | JC-AZ-0001-0003 | JC-AZ-0001-0004
Peabody, Arthur E. Jr. (District of Columbia)
JC-AZ-0001-0002
Reno, Janet (District of Columbia)
JC-AZ-0001-0008
Rivera, Jose de Jesus (Arizona)
JC-AZ-0001-0008 | JC-AZ-0001-9000
Rosenbaum, Steven H. (District of Columbia)
JC-AZ-0001-0008 | JC-AZ-0001-9000
Defendant's Lawyers Flores, Daisy Denise (Arizona)
JC-AZ-0001-9000
Pardee, Candyce Beumler (Arizona)
JC-AZ-0001-0007 | JC-AZ-0001-9000

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