Graves, et al v. Arpaio, et al

Plaintiff: Fred Graves and Isaac Popoca
Defendant: Fulton Brock, Don Stapley, Andrew Kunasek, Max W Wilson, Mary Rose Wilcox and Joseph Arpaio
Movant: Todd Wilcox
Case Number: 2:1977cv00479
Filed: July 2, 2009
Court: Arizona District Court
Office: Phoenix Division Office
Presiding Judge: Neil V Wake
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 1, 2017 2404 Opinion or Order of the Court ORDER: Plaintiffs' Motion to Enforce Fourth Amended Judgment and for Additional Relief 2373 is denied. Plaintiffs' Motion for Evidentiary Hearing 2380 is denied. By 3/17/2017, Defendants will meet and confer with Plaintiffs regarding Defendants' plan for collecting and summarizing data to show compliance. Defendants will collect and summarize data for the months of April, May, and June 2017. During April, May, and June 2017, Plaintiffs' counsel and experts may tour the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site. By 7/28/2017, Defendants shall file with the Court a report of their corrective actions, compliance data collection procedures, and compliance data summaries for April, May, and June 2017. Beginning 8/1/2017, Defendants shall make available to Plaintiffs the raw data summarized in Defendants' compliance report. Plaintiffs shall file a response to Defendants' compliance report by 9/1/2017. Defendants' reply in support of their compliance report is due 9/22/2017. See order for details. Signed by Senior Judge Neil V Wake on 3/1/2017.(LMR)
July 23, 2015 2322 Opinion or Order of the Court ORDER that the Motion of Osborn Maledon, P.A. to Withdraw as Counsel of Record for Plaintiffs (Doc. 2321 ) is denied. See order for complete details. Signed by Judge Neil V. Wake on 7/23/15. (NKS)
December 10, 2014 2298 Opinion or Order of the Court ORDER that Plaintiffs' Motion for Reconsideration (Doc. 2287 ) is granted in part. FURTHER ORDERED that the Revised Fourth Amended Judgment (Doc. 2299 ) filed concurrently with this Order shall supersede the Fourth Amended Judgment (Doc. 2284 ) and have continuing effect. See order for complete details. Signed by Judge Neil V. Wake on 12/10/14. (NKS)
September 30, 2014 2283 Opinion or Order of the Court FINDINGS OF FACT AND CONCLUSIONS OF LAW and Order - IT IS ORDERED that Defendants Fulton Brock, Don Stapley, Andrew Kunasek, Max Wilson and Mary Rose Wilcoxs Motion to Terminate Third Amended Judgment on Behalf of Correctional Health Services (Doc. 2142 ) is denied. By December 1, 2014, Defendants will adopt policies and procedures or amend existing policies and procedures. By December 16, 2014, Defendants will file with the Court a copy of each policy adopted or amended to comply with thi s Order and identify the specific policy provisions that demonstrate compliance. By February 27, 2015, Defendants will fully implement each of the policies ordered herein, including hiring additional staff, providing training, and making facility m odifications, as needed. By March 16, 2015, Defendants will file with the Court a summary of actions taken to implement each of the policies. Beginning March 2, 2015, Defendants will collect and summarize data for a period of 180 days that shows the extent to which Defendants are complying with this Order. On September 15, 2015, Defendants will file with the Court a report of the data collected and summarized in compliance with this Order. IT IS FURTHER ORDERED that, for the convenience of the p arties, those provisions of the Third Amended Judgment that remain in effect and the additional prospective relief granted by this Order are restated in the Fourth Amended Judgment entered this day. (See document for full details). Signed by Judge Neil V Wake on 9/30/14. (LAD)
May 24, 2012 2094 Opinion or Order of the Court THIRD AMENDED JUDGMENT - The Second Amended Judgment (Doc. 1635) is vacated as to future effect, except that the terms of this Third Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Third Amended Judgment and will provide quarterly summaries of those records to Plaintiffs' counsel. Signed by Judge Neil V Wake on 5/24/12. (see judgment for full details)(DMT)
July 15, 2011 1995 Opinion or Order of the Court ORDER granting 1978 Motion for Attorney Fees and Cost in Connection with Defendant Arpaio's Appeal (Doc. 1978). That the Clerk enter judgment pursuant to Fed. R. Civ. P. 54(d) and LRCiv 54.2 in favor of Plaintiffs against Defendants in the amo unt of $42,441.30 for attorneys' fees and $1,643.36 for non-taxable costs payable to the ACLU National Prison Project and $12,113.85 for attorneys' fees and $1,127.94 for non-taxable costs payable to Osborn Maledon, P.A., plus interest at the federal rate from the date of this Order until paid. Signed by Judge Neil V Wake on 7/15/11.(DMT)
July 12, 2011 1993 Opinion or Order of the Court ORDER: Upon finding of good cause, the effective date of the automatic stay under 18 U.S.C. § 3626(e)(2) of those provisions of the Second Amended Judgment subject to Defendant Arpaios Motion to Terminate is postponed to 09/06/11, as provided by 18 U.S.C. § 3626(e)(3). FURTHER ORDERED that the 1992 Stipulation Regarding Automatic Stay is denied without prejudice. FURTHER ORDERED that the parties have until 5:00 p.m., 07/18/11, to file a new stipulation if they wish to waive the automatic stay that would otherwise be imposed by 18 U.S.C. § 3626(e)(2) as herein postponed under § 3626(e)(3). See order for complete details. Signed by Judge Neil V Wake on 7/12/11. (NKS)
May 16, 2011 1972 Opinion or Order of the Court ORDER: 1949 Defendant Arpaio's Motion Regarding Detention Staff Training Relating to Mental Health Issues is denied, 1959 Defendant Maricopa County Board of Supervisors' Motion to Vacate June 14, 2011 Evidentiary Hearing is granted with out prejudice, and 1963 Plaintiffs' Motion for an Order Adopting the Unopposed Recommended Remedies of the Courts Experts is denied. FURTHER ORDERED granting 1953 Plaintiffs' discovery request for counsel and their medical expert to tou r the Maricopa County Jails facilities, speak with pretrial detainees and staff, and review records on-site, upon reasonable notice to Defendants. FURTHER ORDERED vacating the evidentiary hearing set for 06/14/11. FURTHER ORDERED setting a status co nference for 9:30 a.m., 06/14/11. By 06/07/11, the parties shall file a joint case management report stating (1) whether there is need for an evidentiary hearing regarding nursing and/or physician staffing and (2) whether there is need for an evidentiary hearing on any other matter at this time. See order for details. Signed by Judge Neil V Wake on 05/16/11. (NKS)
November 17, 2010 1930 Opinion or Order of the Court ORDER that 1912 Motion to terminate is denied for lack of jurisdiction without prejudice to refiling it after the Court of Appeals' mandate issues and jurisdiction is revested in this Court. Signed by Judge Neil V Wake on 11/16/10.(DMT)
April 7, 2010 1880 Opinion or Order of the Court ORDER that the parties meet and confer to develop a proposed procedure and schedule. The Parties shall jointly file a report explaining their proposed procedure by 06/11/10. IT IS FURTHER ORDERED setting a hearing on the parties' proposed procedure for achieving Defendants' complete compliance with the Second Amended Judgment June 24, 2010 at 1:30 p.m.. Signed by Judge Neil V Wake on 04/07/10. (NOTE: See attached pdf for complete details) (ESL)
July 2, 2009 1827 Opinion or Order of the Court ORDER granting 1826 Amended Motion for Attorney Fees. ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $1,239,491,63 for attorneys' fees and $123,221.7 7 for non-taxable costs plus interest at the federal rate from 10/22/08 until paid. FURTHER ORDERED that the Clerk enter judgment pursuant to Fed.R.Civ.P. 54(d) and LRCiv 54.2 in favor of plas against dfts in the amount of $97,029.55 for attorneys' fees and $4,970.52 for non-taxable costs plus interest at the federal rate from the date of this order until paid. Signed by Judge Neil V Wake on 7/1/2009.(LAD)
April 20, 2009 1799 Opinion or Order of the Court ORDER granting 1640 Motion for Attorney Fees: ORDERED that Plaintiffs Motion for Attorneys Fees and Non-taxable Costs (doc. #1640) is granted in the amount of $1,239,491.63 and nontaxable costs in the amount of $123,221.77. Additional fee s and expenses accrued since December 5, 2008, may be claimed by May 6, 2009. Defendants may file a response within the time permitted by LRCiv 7.2(c). No reply may be filed unless invited by the Court. The Court will then direct entry of judgment in the total amount awarded, with interest from October 22, 2008. See text of attached order for full details. Signed by Judge Neil V Wake on 4/20/09.(SJF)
October 22, 2008 1635 Opinion or Order of the Court SECOND AMENDED JUDGMENT - The Amended Judgment 705 is vacated as to future effect, except that the terms of this Second Amended Judgment have continuing effect. Defendants will maintain records of their compliance with this Second Amended Judgment and will provide quarterly summaries of those records to Plaintiffs counsel. (AJ 114). (see judgment for full details). Signed by Judge Neil V Wake on 10/22/08. (DMT, )

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Search for this case: Graves, et al v. Arpaio, et al
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Defendant: Fulton Brock
Represented By: William F Begley
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Defendant: Don Stapley
Represented By: William F Begley
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Defendant: Andrew Kunasek
Represented By: William F Begley
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Defendant: Max W Wilson
Represented By: William F Begley
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Defendant: Mary Rose Wilcox
Represented By: William F Begley
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Defendant: Joseph Arpaio
Represented By: Courtney Rachel Cloman
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Plaintiff: Fred Graves
Represented By: Eric Balaban
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Plaintiff: Isaac Popoca
Represented By: Eric Balaban
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Movant: Todd Wilcox
Represented By: Stephen C Clark
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