Free Response in Support of Motion - District Court of Arizona - Arizona

AFFIDAVIT OF JAMES W. BARNHOUSE
State of Arizona )
) ss.
County of Maricopa ) ‘
James W. Barnhouse, being duly sworn upon his oath, deposes and says: in
1. I am one of the attorneys representing the CHR Defendants in the matter of I
Mikkelsen, et ol. v. Correctional Health Resources, Inc., et al.
2. After Plaintiffs tiled their First Amended Complaint which added Correctional
Health Resources, Inc. as a defendant, counsel for Yuma County contacted me and told me H
Yuma County wanted to remove the case to federal court and requested that we join in ·
removing the matter to federal court on the basis of federal question jurisdiction.
3. I did not conduct an independent analysis of the federal court’s subj ect-matter Y
jurisdiction, relying instead upon the County’s counsel and the appearance in the complaint
that a § 1983 claim had been made. I did not undertake any Article III standing analysis.
4. Appellate counsel retained to assist the CHR Defendants in preparing this
matter for trial first undertook the Article III analysis during the week or ten days prior to the
time CHR’s jurisdictional motion was filed.
Dated this 24* day of October, 2005.
James W. Barnhouse J
Subscribed and sworn to before me, the undersigned notary public, this 24* day of Q
October, 2005 by James W. Barnhouse, known to me or proved to be the individual
executing this document for the purposes stated herein.
My Commission Expires: _
Notary Public ,
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Case 2:02—cv—02252-JAT Document 265-2 Filed 10/24/2005 Pag i of 1 S

Case 2:02-cv-02252-JAT

Document 265-2

Filed 10/24/2005

Page 1 of 1