Free Response to Motion - District Court of Arizona - Arizona

AFFIDAVIT STATE OF ARIZONA County of Maricopa ) ) )

ss.

Mark Hampton, being duly sworn upon his oath, deposes and says: 1. I am the Plaintiff in the matter of Mark E. Hampton v. Charles Ryan,

et al., United States District Court for the District of Arizona No. CV03-1706 PHX NVW. I make this declaration in support of my response to Defendants' motion for summary judgment. 2. The evidence at my STG validation hearing in 1998 included a

photograph that was taken while I was on a work assignment at a Jaycees rodeo, the South Unit Snack Shack, from October 30, 1989 through July 29, 1991. The photograph was of other employees of the Snack Shack. If any of the persons photographed were members of a particular gang, that was, to the best of my knowledge, purely coincidence. This photograph was taken by an Arizona

Department of Corrections staff member. 3. The evidence at my STG validation also included claims that I spoke

with Aryan Brotherhood members in the open yard, at some time prior to August of 1995. I have had countless conversations with the hundreds of inmates that were in the open yard, a place we were permitted to be from 6:00 a.m. to 10:30 a.m., 11:00 a.m. to 3:30 p.m., and 4:00 p.m. to 8:30 p.m. There were typically 800-850 inmates in the yard, and 50 DOC staff in the vicinity. I do not recall any

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specific conversations with members of the Aryan Brotherhood, but if any occurred, they certainly were not in relation to any AB-related activity. 4. I was first assigned to SMU II in February of 1999. My cell

measures approximately 10 feet by 8 feet, and is windowless. The cell contains a bed, a sink and a toilet. All meals are delivered to me in my cell and, with few exceptions, I must remain in his cell 24 hours per day. 5. Three times a week, I am allotted eight minutes of water time to

shower and shave. 6. Although I am allowed to use a handball during my limited exercise

time, I rarely do so because the handball noise and echo disturbs the other inmates in the pod. 7. I have been accepted for the second group of 10 inmates to

participate in the newly-established and untested "Step-Down Program." As part of that program, I took a polygraph examination, conducted by an Arizona Department of Corrections polygrapher. During the course of this examination, I specifically asked the polygrapher to ask the central question that has resulted in my eight-year confinement in "Supermax," namely, whether I was a member of the Aryan Brotherhood. The polygrapher refused to ask me this question. 8. In October of 1999, the DOC collected all the sweats my possession

(blue) and issue orange sweats. In April of 2000, the DOC collected these orange sweats from us. There were no other sweats available for us to purchase from the commissary until late 2004. 2
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9.

In the fall of 1988, I was sent to the Pima County Jail to testify in

court in Pima County on behalf of an inmate charged with assaulting a DOC officer. The prosecutor asked me if I was afraid to testify. I indicated that I was, to which she asked me if I was afraid of the other inmates. I said "no," that my fear was of DOC officials, including those sitting alongside of her at the counsel's table. I explained that I was at the lowest security level that a person with my conviction could have, that I had numerous privileges, but that I knew it could all be taken away by DOC officials in retaliation for my truthful testimony. The inmates was acquitted on the basis of my testimony. 10. I have family members who are of Hispanic heritage. I harbor no ill-

will to any other individual based upon their race, and have do not, and have not, belonged to any group that advances such concepts. Further Affiant saith not. DATED _____ day of October, 2006.

_________________________________ Mark E. Hampton SUBSCRIBED AND SWORN TO before me by Mark E. Hampton this day of ____, 2006.

________________________________ Notary Public My Commission expires: ___________________

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