Free Statement - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA GERALD BYERLY, Plaintiff, v. DEPUTY WARDEN, et al., Defendants. Defendant Schriro submits the following Supplemental Statement of Facts in support of her Motion for Summary Judgment: 1. ADC Department Order 806 defines a Security Threat Group ("STG") as SUPPLEMENTAL STATEMENT OF FACTS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT No. CV 04-0323-PHX-FJM (GEE)

"[a]ny organization, club, association or group of individuals, either formal or informal (including traditional prison gangs), that may have a common name or identifying sign or symbol, and whose members engage in activities that include, but are not limited to planning, organizing, threatening, financing, soliciting, committing or attempting to commit unlawful acts that would violate the Department's written instructions, which detract from the safe and orderly operations of prisons." Certification is the formal designation of a club, group, gang or organization as a STG by the Director based upon a STG Unit Threat Assessment. (Declaration of Herb Haley, hereinafter "Haley," attached as Exhibit A at ¶ 2.)

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2.

On September 24-25, 2003, inmate Byerly was housed at the Alhambra

Reception Center in cell D175 with thirteen other inmates. None of the inmates housed in D175 with inmate Byerly on September 24 or 25, 2003 were members of a STG. (Haley at ¶ 3.) 3. On September 24-25, 2003, ADC had certified the following as validated

STGs: Arizona Aryan Brotherhood, Border Brothers, "New" Mexican Mafia, "Old" Mexican Mafia, Grandel, Mau Mau, Warrior Society, and Surenos. The following were monitored STGs: skinheads, Westside City, African American Council, and Nazi Low Riders. (Haley at ¶ 4.) 4. The Mini Park Locos are a criminal street gang (CSG), as defined in

ARS § 13-105, and are not a certified or monitored STG. (Haley at ¶ 5.) 5. None of the thirteen inmates housed in D175 with inmate Byerly on

September 24 or 25, 2003, were on his Do Not House With ("DNHW") list. (Haley at ¶ 6.) 6. ASPC-Alhambra Correctional Service Logs for September 25, 2003

document the staff supervision at the Alhambra Reception Center on September 25, 2003. (Declaration of Douglas Schuster, hereinafter "Schuster," attached as Exhibit B at ¶ 2.) 7. Copies of the ASPC-Alhambra Correctional Service Logs for September

25, 2003 were produced to Plaintiff. (Defendant Schriro's Response to Plaintiff's Request for Production, dated May 13, 2005, attached as Exhibit C.) RESPECTFULLY SUBMITTED on this 20th day of December, 2005. TERRY GODDARD Attorney General s/Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

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ORIGINAL of the foregoing electronically filed this 20th day of December, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 20th day of December, 2005, to: Amanda J. Vaught WATERFALL ECONOMIDIS 5210 E. Williams Cir. Tucson, AZ 85711-4473 Attorney for Plaintiff s/ C. Jordan Secretary to Kelley J. Morrissey
IDS04-0399/RM#G2004-20952

938673

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