Free Motion to Seal Document - District Court of Arizona - Arizona

Amanda Vaught SB #023035
LAW OFFICES

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WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.
Williams Center, Eighth Floor 5210 E. Williams Circle Tucson, AZ 85711

(520)790-5828

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Gerald Byerly, NO. CV 04-0323-PHX-FJM (GEE) Plaintiff, PLAINTIFF'S MOTION FOR AN vs. ORDER REQUIRING DEFENDANT FILE CERTAIN Deputy Warden, UNREDACTED DOCUMENTS Defendants. UNDER SEAL Plaintiff, Gerald Byerly, hereby moves this Court for an order requiring Defendant submit certain unredacted documents under seal for the Court's in camera review. Plaintiff's Motion, filed concurrently with his opposing memorandum to

summary judgment, is supported by the following Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES This lawsuit derives from the brutal assault on Plaintiff which took place on September 25, 2003, at the Alhambra Reception Center. (See Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment.) It is undisputed that after Plaintiff requested placement into protective segregation on September 24th, Defendant indiscriminately housed him in the same cell with thirteen other inmates who had neither been screened, classified nor thoroughly identified by the Arizona Department of Corrections. (Id.) Material to the sole issue in this case, whether Defendant's protective segregation policy at Alhambra is deliberately indifferent to inmates' safety, is the identity and Security Threat Group affiliation of the 13 inmates Plaintiff was housed with, as well as the identity of the inmates listed on Plaintiff's Do Not House With list.

Case 2:04-cv-00323-FJM

Document 71

Filed 10/13/2005

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Defendant has refused to provide Plaintiff with certain unredacted, requested and relevant documents and information which would aid Plaintiff in determining whether any of the inmates he was housed with on September 25th were members of a Security Threat Group or were listed on Plaintiff's Do Not House With list. Defendant's refusal to provide Plaintiff with this information has continued despite the existence of a protective order and Plaintiff's willingness to jointly submit any confidential information she designates under seal to the Court. (See letter dated August 31, 2005, attached at Exhibit A at ¶ E.) Therefore, Plaintiff moves for an order requiring that Defendant file with the Court under seal the following: (1) the names of each of the 13 inmates Plaintiff was housed with on September 25th; (2) the inmates listed on Plaintiff's Do Not House With list as of September 25th; and (3) unredacted bated labeled documents ADC004-008, ADC011-013, ADC016, ADC023-026 and ADC028-030. The identity of each inmate housed with Plaintiff on September 25th and the information contained on the selected bate labeled documents will allow this Court to determine whether any of the inmates Plaintiff was housed with on September 25th was a member of a Security Threat Group. Furthermore, since Plaintiff is a recidivist, the inmates listed on his Do Not House With list as of September 25th, will allow the Court determine whether Defendant's protective segregation policy at Alhambra required that Plaintiff be housed with the very inmates whom, for Plaintiff's own protection, the ADC had already determined Plaintiff was not to be housed with. WHEREFORE, Plaintiff requests this Court enter an order requiring that Defendant file with the Court under seal the following: (1) the names of each of the thirteen inmates housed with Plaintiff on September 25th; (2) Plaintiff's Do Not House With list as it existed on September 25th; and (3) unredacted bated labeled documents ADC004-008, ADC011-013, ADC016, ADC023-026 and ADC028-030.
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WATERFALL, ECONOMIDIS, CALDWELL, HANSHAW & VILLAMANA, P.C.

A copy of the foregoing delivered by NEF this 13th day 8 of October, 2005, to:
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By \s\ Amanda Vaught Attorneys for Plaintiff

Kelley J. Morrissey Assistant Attorney General 1275 West Washington Street 11 Phoenix, AZ 85007-2926 Attorneys for Defendant
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____\s\_________________ Liza Dausinger