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Parsons v. Ryan

United States District Court, D. Arizona

August 7, 2014

Victor Antonio Parsons, et al., Plaintiffs,
v.
Charles L. Ryan, et al., Defendants.

ORDER

NEIL V. WAKE, District Judge.

Before the Court is Defendants' Motion for Summary Judgment (Doc. 895, sealed at 902). For the reasons that follow, the motion will be denied.

I. Factual Background

Plaintiffs are thirteen inmates housed in various Arizona Department of Corrections (ADC) complexes and the Arizona Center for Disability Law, which is statutorily empowered to act on behalf of the mentally ill (Doc. 1). Defendants are ADC Director Charles Ryan and ADC Division of Health Services Interim Director Richard Pratt. Plaintiffs filed this action in March 2012, presenting five claims for relief stemming from Defendants' alleged deliberate indifference in the provision of overall health, medical, dental, and mental health care and to unconstitutional conditions of confinement in the ADC's isolation units (Doc. 1 at ΒΆΒΆ 140-149). Plaintiffs seek declaratory and injunctive relief, including an Order compelling Defendants to develop a plan to provide Plaintiffs and the proposed class and subclass with constitutionally adequate health care and protection from unconstitutional conditions of confinement in ADC's isolation units.

In March 2013, this class action was certified on a "voluminous evidentiary record." Parsons v. Ryan, 754 F.3d 657, 670 n.12 (9th Cir. 2014) ( Parsons II ), aff'g Parsons v. Ryan, 289 F.R.D. 513, 524 (D. Ariz. 2013) ( Parsons I ). This record included declarations from the Named Plaintiffs, four expert declarations, and numerous internal ADC and Wexford documents. After analyzing the evidence and the class certification standard, the Court ultimately certified the following claims.

A. Class Claims

1. Failure to provide timely access to health care
2. Failure to provide timely emergency treatment
3. Failure to provide necessary medication and medical devices
4. Insufficient health care staffing (i.e. physicians, psychiatrists, dentists, physicians' assistants, registered nurses, and other qualified clinicians)
5. Failure to provide care for chronic diseases and protection from infectious disease
6. Failure to provide timely access to medically necessary specialty care
7. Failure to provide timely access to basic dental treatment
8. Practice of extracting teeth that could be saved by less intrusive means
9. Failure to provide mentally ill prisoners medically necessary mental health treatment (i.e. psychotropic medication, therapy, and inpatient treatment)
10. Failure to provide suicidal and self-harming prisoners basic mental health care

B. Subclass Claims

1. Inadequate psychiatric monitoring because of chronic understaffing
2. Use of chemical agents against inmates on psychotropic medications
3. Lack of recreation
4. Extreme social ...

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