Free Statement - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected]; [email protected] Attorneys for Defendants Corrections Corporation of America and Stolc Brett Duke, Esq. L AW O FFICES OF B RETT D UKE 4157 Rio Bravo El Paso, Texas 79902 and

10 11 12 13 14 IN THE UNITED STATES DISTRICT COURT 15 DISTRICT OF ARIZONA 16 Cheryl Allred 17 Plaintiff, 18 19 20 Defendants. 21 22 23 24 25 26 Defendant Corrections Corporation of America ("CCA") and Plaintiff, through their respective counsel, hereby submit the following Statement of the Case to be presented to the jury panel during jury selection. STATEM ENT OF THE CASE The Plaintiff alleges that on November 28, 2001, she was to be transported from one facility in New Mexico to another in Texas. However, in the Case 2:03-cv-02343-DGC Document 151 Filed 01/04/2006 Page 1 of 3 v. Corrections Corporation of America, Inc.; Bruno Stolc PARTIES' PROPOSED STATEM ENT OF THE CASE NO. CIV 03-2343 PHX-DGC Leon Schydlower, Esq L AW O FFICE O F L EON S CHYDLOWER 210 North Campbell Street El Paso, Texas 79901 Attorneys for Plaintiff Cheryl Allred

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process, she was placed overnight into the Cental Arizona Detention Center in Florence, Arizona owned and operated by the defendant Corrections Corporation of America. Cheryl Allred alleges that during her stay at the prison, the defendants left her alone and unprotected and while the defendants left her alone and unprotected at least two roving, unrestrained, worker prisoners raped her. Cheryl Allred alleges that the prisoners forced her to face a wall and raped her vaginally from behind at least three times. Cheryl Allred filed this lawsuit against the defendants for allowing this rape to happen to her. Defendant Corrections Corporation of America ("CCA) denies that it acted negligently in taking reasonable measures to protect inmate Cheryl Allred from inmate upon inmate sexual assault. On November 28, 2001, Plaintiff was housed at overnight at CCA's Central Arizona Detention Center by order of the U.S. Marshals Service. The Marshals ordered CCA to house inmate Cheryl Allred on isolation status. Defendants allege that in accordance with CCA policy which provides that female inmates are never housed with male inmates, during the intake process in the Receiving and Discharge Unit, Plaintiff was housed alone in a shower cell used specifically for isolation issues. Defendants allege that Plaintiff was processed into the Receiving and Discharge Unit of the prison at approximately 7:20 p.m. After her approximately 20 minute stay in Receiving and Discharge, in which an officer was within ten feet of her cell at all times, Plaintiff was escorted by a female correctional officer to the Medical Unit. Defendants allege that Plaintiff was thereafter housed in a medical isolation cell, under regular observation by female correctional officers, until the next morning when she left the facility at approximately 5:20 a.m.

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Defendants allege there is no dispute that Plaintiff did not report to any CCA personnel that she had been raped. Defendants also allege that Plaintiff did not report that any wrongdoing had occurred while in CCA custody until a week after the alleged rape occurred, while incarcerated at a federal prison in Texas. Defendants allege that Plaintiff's subsequent reports of the alleged rape made to various individuals including medical providers, mental health providers and United States officials have varied considerably. Defendant CCA maintains that the alleged rape could not have occurred. DATED this 4th day of January, 2006. JONES, SKELTON & HOCHULI, P.L.C.

By /s/Rachel Love Halvorson Daniel P. Struck Rachel Love Halvorson 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Corrections Correction of America and Stolc Electronically filed and served this 4 th day of January, 2006, to: ALL PARTIES ON THE ELECTRONIC SERVICE LIST /s/Marie F. Doty

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