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Case Number: 2:12-cv-00601-ROS
Judge: Roslyn Silver
Court: United States District Court for the District of Arizona (Maricopa County)
Plaintiff's Attorney: Corene Kendrick
Defendant's Attorney: Ashlee B. Hesman, Daniel Patrick Struck, Jacob Brady Lee, Lucy Marie Rand,
Michael Evan Gottfried, Timothy James Bojanowski, Timothy Michael Ray, Rachel Love, Richard Michael Valenti
Description: Phoenix, Arizona civil rights lawyers represented thousands of prisoners.Plaintiffs, who sued the Directors of the Arizona Department of Corrections on prisoner civil rights violation theory under 42 U.S.C. 1983, claiming that their conditions of imprisonment violated the Eighth Amendment prohibition of cruel and unusual punishment because of failure on the part of the State to provide health care to them.
Parsons v. Ryan seeks to improve the health care and conditions in maximum security custody units in the state’s prison system. In last night’s order, Judge Roslyn Silver rejected the explanations offered by the ADC for their failure to meet the requirements of the Parsons settlement. Judge Silver then directed the ADC to file a statement explaining why she should not issue further contempt fines against the department for its failure to provide adequate medical, mental health, and dental care for the months of March through December 2020. Judge Silver stated that she would use the $1.1 million fine, as well as a June 2018 contempt fine of $1.4 million, to hire an independent expert to provide a system-wide analysis of the quality of health care provided to incarcerated people. She also found that the ADC is not meeting its obligation to provide people in maximum custody with necessary out-of-cell time.
Outcome: Judge Silver found that the Arizona Department of Corrections in contempt for the second time in three years for its failure to comply with a settlement agreement reached in October 2014. The court ordered the ADC to pay a fine of more than $1 million.