Free Exhibit List - District Court of Arizona - Arizona

· Case 2:O3—cv—O2150-SRB—I\/IEA D0cument127 Filed O3/14/2006 Page10f4

1 TERRY GODDARD
ATTORNEY GENERAL
2
WANDA E.. l—IOFMANNa(014805)
3 Assistant Attorn? Gener _
177 North Churc Avenue, Su1te 1105
4 Tucson, Arizona 85701-1114
(520) 628-6044 · Fax (520) 628-6050
5 wendjg.ho1E1nann(§1),azag. gov _
6 Attorneys for Defendants
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10 KEVIN ROY, _ No. CV03-2150-Pl-IX-SRB (MEA)
Plaintifl
11 DEFENDANT L]NDERMAN’S
v. SECOND SUPPLEMENTAL
12 RESPONSE TO PLAINTIFF’S
~ STATE OF ARIZONA, et al., REQUEST FOR PRODUCTION OF
13 DOCUMENTS AND TI-HNGS
Defendants.
14
15 Defendant Linderman, through counsel, supplements his response to Plaintiff’ s
16 Request to Production of Documents and Things, as follows:
17 ELEVENTH REQUEST: Current Approved Religious Items List.
18 RESPONSE: Defendant objects to disclosure of the cturent List of Approved
19 Religious Items as it is irrelevant in time and scope. In the First Amended Complaint
20 dated June 2, 2004, Plaintiff alleged that tl1e Defendants did not permit him to possess
21 seven items-—a medallion, two packs of Tarot cards, a dream catcher, an altar cloth,
22 incense (cedar and sage) and an abalone shell-—-—to practice his Esoteric Christian/Occultist
23 religion. Plaintiff declared himself an Esoteric Christian/Occultist in September 2002.1
24 . .._.
1 The relevant timeframe of this lawsuit is from September 2002 to June 2, 2004,
25 the date Plaintiff filed his First Amended Comttplaint. Plaintiff fled his original com laint
on or about November 3, 2003, therefore e most liberal reading of the timefiame
26 relevant to this lawsuit would be from two gears (the statute of luzmtations) before that
date to the date he filed the First Amended omplaint. But because Roy did not declare
C e 2:O3—cv—O2150-SRB—I\/IEA Document 127 - Filed O3/14/2006 Page 2 of 4

1 Without waiving the objection, the current List of Approved Religious Items for Arizona
2 Department of Corrections inmates who have declared Esoteric Christian as their religion
3 is attached hereto as Attachment 1.2 AQ
. Z P
4 RESPECTFULLY SUBMITTED this 1/ day of March, 2006.
5 TERRY GODDARD
ATTORNEY GENERAL
6
7 _ _` P
y TT Mg/,,,./ ...-r
8 WANDA E. HOFMANN
Assistant Attorneiy General
9 Attorneys for De endants
10
11 ORIGINAL ofthe foregoing mailed
this 2 Lf day of Marc , 2006 to:
12
Kevin M. Roy, #131699
13 ASPC-Eyman, Meadows Unit
14 P.O. Box 3300
Florence, AZ 85232-3300
15
16
17 S t , tt G a1’ Off
¤§§0ii-3§¥2l9i49%‘35°Y °“°’ S me
18
19
20
21
22
23 .
24
25 his religion as Esoteric Christian/Occultist until September 2002 (see DCfCI1d811IS’ Motion
for Surpmary Judgment: Statement of Facts), he lacked standinlguntil September 2002.
26 On February 9, 2006, the Defendants disclosed this rst to Plaintiff with other
materials and a letter in response to Roy’s February 2, 2006, correspondence.
2
C e 2:03-cv-02150-SRB—|VIEA Document 127 Filed O3/14/2006 Page 3 of 4

APPROVED RELIGIOUS ITEMS LIST
Esoteric Christian
altar cloth all 24" X 24" maximum size
herbs all 1 ounce each of up to tive herbs consistent with approved herbs
from current list (tab 2)
prayer beads all 40" maximum length, strung on light, breakaway string
(du to length allowance, should not be worn on the open yard)
ritual stones all 1" maximum size, up to four in a single pouch
smudging shell all 4" X 8" maximum size
tarot cards all number of cards dependent upon tarot deck purchased
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Case 2:03-cv-02150-SRB-MEA

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