United States District Court, D. Arizona
Fred Graves, Isaac Popoca, on their own behalf and on behalf of a class of all pretrial detainees in the Maricopa County Jails, Plaintiffs,
v.
Paul Penzone, Sheriff of Maricopa County; Bill Gates, Steve Gallardo, Denny Barney, Steve Chucri, and Clint L. Hickman, Maricopa County Supervisors, Defendants.
ORDER
Neil
V. Wake Senior United States District Judge
Before
the Court are:
(1)
Plaintiffs' Motion for Leave to File Amended/Corrected
Expert Report (Doc. 2490), the response (Doc. 2491), and
the reply (Doc. 2492);
(2)
Defendants' Supplemental Report Regarding Corrective
Actions, Compliance Data Collection Procedures, and
Compliance Data Summaries for April, May, and June 2017
(Doc. 2473), the response (Doc. 2484), and the reply (Doc.
2487); and
(3)
Defendants' Proposed Plan for Demonstrating Compliance
Regarding Subparagraph 5(a)(26) of Revised Fourth Amended
Judgment (Doc. 2485), the response (Doc. 2488), and the
reply (Doc. 2489).
I.
BACKGROUND
The
Revised Fourth Amended Judgment was entered on September 30,
2014, and ordered specific remedies to correct constitutional
deficiencies, which included adopting or amending policies to
satisfy 31 specific requirements for providing medical and
mental health care, implementing the policies, and
demonstrating implementation of the policies. (Doc. 2299.) On
March 1, 2017, the Court found that Defendants had
demonstrated compliance with 21 of the 31 specific
requirements but had not yet demonstrated compliance with the
remaining 10 requirements. (Doc. 2404.) On August 22, 2018,
the Court found that Defendants had demonstrated compliance
with 7 of the 10 remaining specific requirements. (Doc.
2483.) The Court granted Defendants' request to submit
supplemental briefing regarding subparagraphs (22) and (23)
of Paragraph 5(a) of the Revised Fourth Amended Judgment and
ordered Defendants to file a proposed plan for demonstrating
compliance with subparagraph (26) of Paragraph 5(a) of the
Revised Fourth Amended Judgment concerning instances of
disciplinary isolation. (Id.)
II.
TERMS
MCSO: Maricopa County Sheriff's Office
CHS: Correctional Health Services
SMI: Seriously Mentally Ill. as identified by community
health providers
MHCC: Mental Health Chronic Care, as identified by
CHS TechCare: CHS's electronic medical records program
Operation Journal: MCSO's electronic records program
Speed
letter: a communication from CHS to MCSO regarding planned
involuntary treatment or action with assistance from MCSO if
force is needed
DAR:
Disciplinary Action Report
III.
PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED/CORRECTED
EXPERT REPORT (DOC. 2490)
Plaintiffs
submitted an expert report with their response to
Defendants' Supplemental Report (Doc. 2473) regarding
subparagraphs 5(a)(22) and (23). Defendants subsequently
identified errors in the expert report, which included
Plaintiffs' expert's omission of 16 planned
use-of-force incidents and his assertion that Defendants had
failed to produce one incident report. Plaintiffs seek leave
to file a corrected report that includes the 16 incidents,
concede Defendants had produced the one report, and do not
address Defendants' other objections. Defendants object
to Plaintiffs filing a corrected expert report because it
provides Plaintiffs' expert additional ...