United States District Court, D. Arizona
K. Duncan United States Magistrate Judge
outstanding issues from the November 9, 2016 Status
Conference are addressed below.
Date Calculations and Performance Measure 86.
parties have informed the Court that they cannot resolve
their impasse about every "X" days and PM 86 and
that this dispute is not covered by their pending
meet-and-confer about the Monitoring Manual. (Docs. 1717,
1718, 1719, 1731, 1732)
careful review of the parties' briefing, the Court
appreciates the nuances left untouched by the earlier Order.
(Doc. 1673) To expand on the issues, the Court revives
hypothetical Inmate PM86, whose medication was discontinued
on January 10 and is, therefore, reclassified. (Id.
at 6) First, it appears that the parties do not agree on when
to start measuring PM 86: when his medication was
discontinued or when he was reclassified. Under its plain
language, PM 86 applies to MH-3D prisoners "for a
minimum of six months after discontinuing medication."
(Doc. 1185-1 at 14, 32) Accordingly, the start date for
calculating compliance is the date that medication is
previously noted, Inmate PM86 discontinued medication on
January 10 and, therefore, must be seen by a mental health
clinician by April 10 and again by July 10. If he was seen by
April 10 and his record is selected for review in May or
June, then it is compliant with PM 86 in May and June even
though he was not seen in those months. (Id.)
However, this explanation does not address the situation
where Inmate PM86 is seen on April 15 (i.e., untimely) and
his record is selected for review in May or June. How should
compliance be assessed for May and June? Nor does it resolve
when his second visit is due: July 10 or July 15? Another
hypothetical not explicitly decided by the Stipulation is the
result when Inmate PM86 is seen on March 15 (i.e., ahead of
schedule). Is his second visit due on June 15 or July 10?
the parties have not been able to answer these questions, the
Court does so as follows. As noted above, measuring
compliance for Inmate PM86 starts on January 10. If Inmate
PM86 is seen by a mental health clinician on April 10, his
April, May, and June records are compliant without any
contrast, if Inmate PM86 is seen by a mental health clinician
on April 15 (or any other day after April 10), his April,
May, and June records are not compliant. And his second visit
must occur by July 10 (i.e., 90 days from when he should have
been seen the first time). If Inmate PM86 is instead seen on
March 15 (or any date ahead of the April 10 deadline), then
his March, April, and May records are compliant without any
additional visits. And his second visit must occur by June 15
(i.e., a minimum of 90 days after he was first seen).
this timing analysis is based on the language of Performance
Measure 86, the Court expects that this same structure for
monitoring compliance will be applied to other performance
measures with similar issues. However, if these additional
hypotheticals do not address all of the scenarios confronting
the parties, they may submit additional scenarios for the
Potentially Outstanding Items.
Court asks both parties to provide an update on the following
• Performance Measure 85 and reclassification of inmates
from MH-3D to MH-3E;
• Maximum custody notebook document production issues;
• Production of documents demonstrating Defendants'
response to ...