Case 2:03-cv-01819-JAT D0cument166—8 Filed O1/27/2006 Page10f4
1 Daniel P. Struck, Bar #0l2377"_
Timothy I. Bcjanowski #022126
2 Joi$1as,._S1
3 Suite. 800
Phoenix, AFIZDHH 85012
4 Telephone No.; (602) 263-7323.
Facsitnile No-.: (6.02) 200-7811
5 EéMail: clstrucl;@ jshii1·m.co·m·
6 a
Attorneys. for Deiirndartts Garcia and Mrs ·
7
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
_ Carlos Arthur Powell.
10 _ _ _ CIV .03-1819 PHX—JAT (DOA)
Plaintiff
1 1 v. A
12 F. Garcia (Asst. Warden)
C. Miles (Unit Manager.’Bravo) -ArFF1DAV1T·
13 E. Scalet (Ins. Inv.)
1 Todd Mohr1(DHO Hearing Officer)
-
1 5
`-DeI"cndan`t.
1 6
17 STATE OF ARIZONA )
t . 1 SS .
18 COUNTY OF PINAL )
19 I, OFFICER TIMOTHY P. CASON, being of sound mind,. age of
20 majority being. first duly sworn under oath, depcse and state based upon personal
21 kno w-ledge that:
22 1. I am a C01T¢CIiDH‘&l-OHICCI and .c9IJ11It· baliff for the INS at the
23 Eloy Detention Center where courtroom hearings take place.
24 2. Plaintiff was escorted the from the Eloy DeteI1t"ion Cen-ter
25 Protective Custody Unitto the courtroom for his INS hearing on the dates- identified in
26 Plaintif f’ s complaint by Officer Seferino Talam-a-n’tcs..
Case 2:03-cv-01819-JAT Document 166-8 Filed O1/27/2006 Page 2 014
1 3.. Once ·-at the c.o-urtroom, Plaintiff was released into my custody
2. of for the hearing.
Z3 4. There were approximately four other inmates inside the
4. courtroom at the- time the Plaintiff arrived.
5 5. l was `inside thecourtroom at all .t`irn·es Plaintiff was there.
6 6. This is my primary post,
T 7. Plaintiff sat at the front left of the coturtroom and wjas
8 approximately ten (I0). feet away from the other inmates.
9 8. I was stationed approximately tive (5) feet from Plaintiff.
10 9. I remain-ed inside .the courtroom at my post the entire time of
11 the hearing to provide security inthe courtroom- and to protect Plaintiff from htarnr.
12 l0. There are four officers stationed in the court area to provide
13 security at all time.
14 ll. At no time w-as Plaintiff left alone in the c·our.tro·o1n with the
- 15 gen-eral population inniates.
16 12.. There is absolutely no talking or gestures. permitted in the
17 courtroom. lf there were gestures or comments, the inmate who-made them would be
18 iinmediately removed from the .oourtro.orn.
1 9 I3. Plaintiffiwas the only- inmate to speak or make a gesture of any
20 kind in the Courtroom during the hearing. Plaintiff ask-edme if the hearings were
21 recorded and I answered that they were recorded.
22 I4. At no time did Plaintiff vomit on the-floor of the courtroom.
23 If Plaintiff had been vomiting in the Courtroom, an incident report would be written
24 -and-. filed-.
25
26
2
Case 2:03-cv-01819-JAT Document 166-8 Filed O1/27/2006 Page 3 of 4
1 I5, Plaintiff was se_.gre;g-ated from the other inmates inside the
2 courtroom at all times by- loeat-ing him in the far left portion, well away from other
3 inmates.
4 16. I was stationed beside Plaintiff and the other inina-tes at. all
5 time-s. while inside the courtroom.
6 17.. All prot‘e_ctive_ custody cases are heard first.-then the inmate is
7 taken from the courtroom immediately and placed into-a separate -holdin-g cell until they
B are escorted back to the- protective custodyunit. `This is; what occurred- to Plaintiff.
9 18t I saw no breach of security or procedures at Plain-tiff"s INS
1U hea-r-ing.
1 1 Further this affiant sayeth naught.
12 /
• Hcer Timo -y P. ason
14
15 . SUBSCRIBED AND sworus to before me this clay of
im., 200-Q, by Timothy P, C-ason
16
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- ary Public _
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