Free Motion for Summary Judgment - District Court of Arizona - Arizona

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ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY By: MICHAEL J. MASSEE State Bar No. 015901 JOSEPH VIGIL State Bar No. 018677 Deputy County Attorneys MCAO Firm No. 00032000

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CIVIL DIVISION Security Center Building 222 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-2206 Telephone (602) 506-8541 Attorneys for Defendant Deputy Jeremy Goad IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Ralph Slusher, Plaintiff, NO. CV 04-0293-PHX-EHC (MEA) DEFENDANT'S STATEMENT OF FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT

Maricopa County Sheriff's Office, et al., Defendants.

Pursuant to Rule 56(e), Defendant submits the following Statement of Facts in support of his Motion for Summary Judgment: 1. Plaintiff was an inmate in the Maricopa County jails on November

19, 2003, when he was being transported back from a court hearing to Madison

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Street Jail in a jail transport van. Deposition of Ralph Slusher dated January 10, 2006, relevant pages attached hereto as Exhibit 1, at p. 4 ll. 16-25. 2. Plaintiff alleges that the van suddenly stopped and he was thrown

against the wall inside the van. Id. at p. 6 l. 23 ­ p. 7. l. 1. 3. Plaintiff admits he does not know how fast the van was moving just

prior to its sudden stop. Id. at p. 9 ll. 8-12. 4. After this accident, Plaintiff found himself lying on the floor of the

van. Id. at p. 11 ll. 1-3. 5. He was still shackled to the inmates on either side of him, and they

all exited the van. Id. at p. 11 ll. 6-11. 6. He was not bleeding, does not recall if he lost consciousness but

claims that he was in severe pain. Id. at p. 11 ll. 17-18; p. 10 at ll. 17-20; p. 11 l. 11. 7. When he walked back to his cell, Plaintiff was shackled to other

inmates and did not fall out of line. Id. at p. 12 ll. 11-17. 8. After he got back to his housing unit, Plaintiff put in a request for

medical care and a grievance for not having received medical care already. Id. at p. 7 ll. 9-16. 9. Plaintiff saw a nurse about 13 days later, but Plaintiff admits that

this delay was not caused by Defendant. Id. at p. 13 l. 21 ­ p. 14 l. 2. 10. Plaintiff was seen by medical providers twice after this incident, and

each time he was prescribed pain medication. Id. at p. 15 ll. 13-18. 2 Filed 08/22/2006 Page 2 of 5 Case 2:04-cv-00293-EHC-MEA Document 28-2

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11.

X-rays were taken on the first visit, which showed no traumatic

injuries. Id. at p. 15 ll. 19-23. 12. Plaintiff was released from the custody of the Maricopa County jail

to the Arizona Department of Corrections in March of 2004. Id. at p. 17 ll. 5-7. 13. From the time of this accident until the following March, Plaintiff

treated only two times for his injuries. Id. at p. 17 ll. 8-10. 14. Since then he has not requested any additional treatment, either

while in the custody of Maricopa County or the Department of Corrections. Id. at p. 17 ll. 11-16. 15. Upon learning of this incident, Defendant's supervisor, Sgt. Keith

Kochis, conducted an investigation. Affidavit of Keith Kochis, attached hereto as Exhibit 2, at ¶ 2. 16. His report reflects that damage to the van was estimated at $500,

but to his knowledge no repairs were actually undertaken because the dent did not impact the van's operations. Id. at ¶ 3. 17. According to Sgt. Kochis, the primary duty of transport deputies is to

ensure that the inmates remain in secure custody throughout the transport operation so that the safety of the public is maintained. Id. at ¶ 4. 18. When any transport deputy is involved in an accident, he must use

sound judgment to determine whether to request emergency services or to return the inmates being transported to a secure location where they can then access medical services. Id. at ¶ 5. 3 Document 28-2
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19.

Non-emergency medical care was available to inmates in the

Madison Street Jail. Id. at ¶ 6. 20. In this case, based on the non-emergency nature of Plaintiff's

injuries and the relatively minor nature of the accident, Sgt. Kochis believes that Defendant acted properly in returning the inmates to their respective houses within the Madison Street Jail where they could access medical services in accordance with jail procedures. Id. at ¶ 8. RESPECTFULLY SUBMITTED this 22nd day of August, 2006. ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY

BY:

s/ Michael J. Massee MICHAEL J. MASSEE JOSEPH VIGIL Deputy County Attorneys Attorneys for Deputy Jeremy Goad

ORIGINAL of the foregoing E-FILED and copies MAILED this 22nd day of August 2006, Honorable Earl H. Carroll United States District Judge Sandra Day O'Connor U.S. Courthouse, Suite 521 401 West Washington Street, SPC 48 Phoenix, Arizona 85003 Honorable Mark E. Aspey United States Magistrate Judge 123 North San Francisco Street, Suite 200 Flagstaff, Arizona 86001 ... 4 Document 28-2
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Ralph Slusher #184486 ASPC-Douglas-MSU Mohave South Unit PO Box 5002 Douglas, Arizona 85608-5002 Plaintiff Pro Per

s/ Terri Giacalone
CJ 05-480 S:\COUNSEL\Civil\Matters\CJ\2005\Slusher CJ05-480\Pleadings\SOF.DOC

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