Free Stipulation - District Court of Arizona - Arizona

A JUN Yi 8 ZG 8
1 Terry Goddard
2 Attorney General
Michele L. Forney, Bar No. 0 I97 75
3 Assistant Attorney General
1275 W. Washington
4 Phoenix, Arizona 85007-2997
Telephone: (602) 542—4951 .
5 Fax: (602) 542-7670
E—rna11: [email protected]
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Attorneys for Defendants
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8 IN TI-IE UNITED STATES DISTRICT COURT
l 9 FOR THE DISTRICT OF ARIZONA ‘ ` ·
10 Timothy Lee Ward,
No. CV 03-2159 PHX ROS (JRI)
1 1 Plaintifi
STIPULATION TO SUBMIT
12 v. MATERIALS FOR IN CAMERA
REVIEW
13 Sgt. Carr, et al.,
14 Defendants.
c 15 The parties stipulate as follows:
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1. Plaintiff Timothy Ward, who is incarcerated within Arizona Department of
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18 Corrections, aileges that he was treated differently from other inmates because he is a
I 19 homosexual, and that his due process rights were violated bythe Defendants.
20 2. The parties have participated in discovery and agree that the documents
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listed in Exhibit A are potentially relevant to the resolution of issues alleged in Ward’s
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23 Second Amended Complaint. I ‘
i 24 3. On April 15, 2008, Defendants tiled a Motion for Summary Judgment (dkt.
I 25 136), in which they relied in part on certain documents that were not produced to
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Plaintiff for reasons of prison safety and security and confidentiality.
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. Cas 2:03-cv—02159-ROS-JRI Document 167 Filed 06/20/2008 Page 1 of 4

1 4. This Court denied Defendants’ Motion (dkt. 91) to file those documents
2 under seal, and instead ordered Defendants to (1) amend their motion for summary
Z judgment so as not to rely on those documents; (2) produce the documents to Ward; or
5 (3) withdraw the motion. (Dkt. 150.)
6 5. Defendants have amended their Motion for Summary Judgment and will
7 not be relying on the aforementioned documents. (Dkt. 159.)
; I 6. On May 21, 2008, Ward and undersigned counsel had a telephonic
10 conference to discuss remaining discovery issues pursuant to this Court’s March 26,
it 2008 Order. (Dkt. 133.)
I2 7. During that discussion, Ward indicated that, even though Defendants do .
it not intend to rely on the aforementioned documents, he still believes they are relevant.
15 8. In an effort to resolve their discovery dispute, the parties agree that the
16 documents should be produced to the Court for in camera review.
ll 9. The parties ask this Court to determine, after review of the documents
is submitted and the parties’ respective motions for summary judgment and associated
;; pleadings, whether the documents are relevant and whether Plaintiff should be entitled to
` 3] review them. Defendants continue to obj ect to the disclosure of these documents to
P 22 Plaintiff for reasons of prison security, including the safety of Ward for possessing
23 documents involving other inmates and for the safety of those other inmates as well.
, 10. Plaintiff states that if the Court concludes that he is entitled to see the
I 26 documents, he will return the documents to the Defendants upon completion ofthe case.
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- 2:03—cv—02159-ROS-JRI Document 167 Filed 06/20/2008 Page 2 of 4

I ll. If the Court concludes that Piaintiff should be allowed to see the
2 documents, Defendants request that an alternate procedure be put in place to prevent the
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documents from being released into the general population while allowing Plaintiff
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5 sufficient time to review them.
at
6 RES?ECTFULLY SUBMITTED this Ill day of ZSRMSE,. 2008.
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9 _ Timothy L. Ward, ADC #148256
1 0 Plaintiff, P8-o - VE?
Terry Goddard
1] Attorney General
12 _ __ a ’ (0 [ae/af
13 5% 4;“ 5 ,..8..} I- l· Jf..¤ ‘
Michele L. Forney •
i4 Assistant Attorney General
1 5 Attorneys for Defendants
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23 Original e—filed this day
2 of , 2008, with:
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25 Clerk ofthe Court
Q United States District Court
26 District of Arizona
401 West Washington Street, SPC l
C 27 Phoenix, AZ 85003-2118
j 28 3
Cas=· 2:03-cv—02159-ROS-JRI Document 167 Filed 06/20/2008 Page 3 of 4

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2 Copy meiled the same date to:
3 Timothy Lec Ward, #148256
ASPC - Eyman - SMU I
4 P.O. BOX 4000
5 Florence, AZ 85232
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s/Colleen S. Jordan
7 Secretmy to: Michele L. Forney
8 IDS044}306/RSK:G04—2064O
5 I 0 1 #2}.0686 1 I
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