Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



INDIGENOUS ACTION MEDIA

INDIGENOUS ACTION MEDIA
ANTICOLONIAL zines, stickers, actions, power

Taala Hooghan Infoshop

Kinlani/Flagstaff Mutual AID

MASS LIBERATION AZ

MASS LIBERATION AZ
The group for direct action against the prison state!

Black Lives Matter PHOENIX METRO

Black Lives Matter PHOENIX METRO
(accept no substitutions)

BLACK PHX ORGANIZING COLLECTIVE

BLACK PEOPLE's JUSTICE FUND

PHOENIX: Trans Queer Pueblo

COVID Mutual AID PHOENIX

AZ Prison Watch BLOG POSTS:


Showing posts with label MCSO. Show all posts
Showing posts with label MCSO. Show all posts

Tuesday, January 27, 2015

Johann Hari: Why addicts' lives matter...

Don't miss Johann's book on the Drug War!

 

Thanks, friend, for remembering Marcia Powell...
 

 

-----------------from the Huffington Post-----------------

Addicts' Lives Matter: Here's Why We Need a Hashtag -- and a Total Change of Attitude

Author of 'Chasing The Scream: The First and Last Days of the War on Drugs'
Posted: Updated:

For the past few months, I have been watching the hashtag #BlackLivesMatter as it exposes the unpunished killings of African-Americans -- Trayvon and Michael and Eric, and all the other names that never make the news, because there are so many, and it never seems to stop. I had a very personal reason for watching it so closely. For most of my adult life, and for the past three years especially, I have been spending a lot of time with another minority group. All over the world, they are being killed or left to die, with nobody being punished, and nobody being called to account. There have even been government officials who suggest their deaths are a good thing
.
There will be some people reading this who shrug when members of this minority die, and say they brought it on themselves. I am talking about addicts, who I spent a lot of time with for my new book, Chasing The Scream: The First and Last Days of the War on Drugs. I would like to propose today the hashtag #AddictsLivesMatter, because we need to change how we think about them.

Here's a story I stumbled across that, to me, distills the darkest attitude we have fostered towards addicts in our culture -- the one that has been created by the drug war, and has been in place for a century this year.
In Phoenix, Arizona, I went to a prison called Tent City. It is a slew of tents in the desert behind barbed wire, and I went out in the sweaty Arizona sun with the prison's female chain gang, who are forced to wear t-shirts saying "I Was A Drug Addict" and dig graves. The guards force these women to chant rhymes that state they will be electrocuted if they show any "lip." It's not an idle threat: I met the father of a man who was killed with a taser in this prison, on camera, when he was offering no resistance.

I talked with the women about their lives as they wiped the sweat from their brows. One of them, Karen, was in her early forties and had a quiet, girlish voice as she stuttered her story about being violently abused by men all her life, and how the only thing that had ever made her feel any relief was drugs.

I also spoke with the women who work on prisoners' rights in Arizona, and I asked them one of my stock journalistic questions: What have you seen over the years that shocked you? One of them, Donna Leone Hamm of the excellent organization Middle Ground Prison Reform, started to reel off a long list, and a while into her list she mentioned the time they put a woman in a cage and cooked her, and then carried on. I asked her to stop, and go back a second. What did they do?

When Prisoner Number 109416 woke up in her cell in Perryville State Prison on May 19th 2009 she was suicidal. The prison doctor said she was just trying to get out of her cell. They took 109416 and put her in an uncovered outdoor cage. And they left her there. According to witnesses, she begged for water. She shat herself. She started to scream deliriously. And then she collapsed. By the time the ambulance arrived, her internal organs had been cooked, as if in an oven.

And here's the thing. Nobody was ever criminally punished.

Because she was an addict. Because she didn't matter.

Almost nothing was known about Prisoner Number 109416 except that she was in and out of prison either for having meth, or for prostituting herself to get it, so I set off on a journey across the US to find out who she really was. The story -- which you can find in the book -- tells us a lot about the drug war. Her real name was Marcia Powell and, as I learned from the father of her son, there were moments in her life when she got clean and recovered, only to be busted for old drug charges and to spiral back onto the road that ended in a desert cage.

This story is extreme, but as I learned on my long journey from Mexico to Vietnam, it is only the sharpest tip of the spear that is jabbed at addicts every day, across most of the world. It has been there since the start of the drug war. This war was launched in the 1930s by a man called Harry Anslinger, the head of the Federal Bureau of Narcotics, who was driven by an obsessive hatred of addicts. He treasured a poem that said he could only retire when "the last addicts died."

One of the people he took his rage out on was Billie Holiday. He had her stalked by his agents and sent to prison. He had her stripped of her ability to perform anywhere that alcohol was served. When she collapsed with liver cancer, his agents arrested her on her hospital bed. They handcuffed her to the bed. They confiscated her record player. They banned her friends from seeing her. People protested outside with signs saying "Let Lady Live." When her methadone was cut off, she went into withdrawal and died.

And here's where #BlackLivesMatter and #AddictsLivesMatter meet. When Anslinger found out Judy Garland was a heroin addict, he didn't have her stalked and killed. He told her to take longer vacations, and reassured her studio she'd be fine. Can you spot the difference between Billie and Judy? Can you spot the difference today between the addicts in Beverley Hills who get compassionate rehab, and the addicts in South Central who get cold jail cells?

Nobody wishes the drug war on people they love -- white people, in Harry Anslinger's case. Yet when it comes to the addicts we don't know, we have chosen -- as a society -- a policy of mass caging instead of a policy of compassion. Why? I interviewed Eric Sterling, the lawyer who wrote the drug laws from the United States throughout the 1980s, and who now bitterly regrets it and campaigns for sensible policies. He told me about one meeting, at the height of the AIDS crisis, where he and a group of senators were being briefed on how it was essential to distribute clean needles, or all the addicts would die. Eric didn't write down the words at the time, but he recalled that one of the senator suggested a mass die-off of addicts would be a good thing. After all, who wants addicts to survive?

It's important to stress that most people who support the drug war don't think this way. They don't want to kill addicts. They tell themselves that they are being harsh in order to be kind -- that you have to threaten punishment in order to encourage current addicts to stop, and to prevent other people from falling down that dark well. I don't judge anyone for believing this -- it is based on compassion, and it has been backed with an enormous amount of government propaganda for a hundred years.

But I would urge anyone who sincerely believes this to look at the evidence. There are places that have tried the punishment approach and addicts keep dying in huge numbers. And there are places that have tried the compassionate approach and addicts start to survive and recover in much greater numbers. I have seen this all over the world, from Switzerland to the North of England. To give just one example, in Portugal, after they decriminalized all drugs and chose to spend the money on caring for addicts instead, the rate of injecting drug use has fallen by 50 percent, and overdose and HIV transmission among addicts have come crashing down.

To choose this better path, we have to undo a lot of the assumptions that have been drilled into our heads. As Harry Anslinger was stalking Billie Holiday, he was helping to invent a whole new way of thinking about addicts -- as vampires, or zombies, or predators. We have dehumanized people who get addicted to banned drugs in a way we (thankfully) don't dehumanize people who get addicted to legal drugs, like alcohol. We have to recover the ability to see the humanity of addicts -- that they are people like us, with feelings and dreams and the capacity to be heroic.

I learned about this from many people -- but nobody taught it to me more than a man called Bud Osborn.
In the year 2000 Bud was a homeless street addict on the streets of the Downtown Eastside of Vancouver. His neighborhood had the highest concentration of addicts anywhere in North America. It was the place at the end of the line in the city at the end of the line of the American continent, and all around him, Bud's friends were dying. They would shoot up behind dumpsters so the police wouldn't see them -- but if the police can't see you, nor can anyone else, so if you start to OD, you will be found days later, dead.

Bud decided he had to do something. But he also thought, What can I do? I am just a homeless junkie.
Then he had an idea. He gathered some addicts and proposed something simple. He asked them, Why don't we arrange a schedule, and patrol the alleyways ourselves? If we see one of us ODing, we can call an ambulance.

The addicts started to do it and their death rates began to tumble. That was great in itself, but it also meant they began to think about themselves differently -- maybe we're not pieces of shit. Maybe we are people who can achieve things. They started to turn up at public meetings to discuss The Menace Of The Addicts, and they would sit at the back, and after a while, they would put up their hands and explain they were The Addicts, and ask what they could do differently. People complained they left needles lying around, so the patrols were extended to collect discarded needles.

Bud learned that in Frankfurt, Germany, they had opened safe injecting rooms where people could use their drugs monitored by doctors, and that it had massively reduced the death toll. So Bud and hundreds of other addicts began to stalk Philip Owen, the right-wing mayor of Vancouver, everywhere he went, carrying a coffin, asking how long it would be before he ended the deaths.

Nobody had much optimism. Philip Owen was a right-wing businessman from a rich family who had said that addicts should be carted off to the local military base.

But then, after protesting for years, something nobody expected happened. Philip Owen wondered who the hell these people were, and he went to the Downtown Eastside incognito, and he spent night after night talking with addicts. And he was blown away. He had had no idea what their lives were like.

So Philip Owen made an announcement. He held a press conference with the police chief, the coroner, and the addicts, and he announced they were opening the first injecting room in North America. It opened, and Philip Owen's right-wing party was so appalled they eventually deselected him, and his political career ended. He was replaced by a left-wing candidate who kept the injecting room open.

But the taboo was broken. And now the results are in. Ten years on, the average life expectancy on the Downtown Eastside has improved by ten years, and overdose is down by 80 percent. Philip Owen told me he would do it all again in a heart beat.

Bud died last year. He was only in his early sixties, but life as a homeless addict during a drug war, before there was any help, had wrecked his body. For his memorial service they sealed off the streets of the Downtown Eastside, where he had once lived on the pavements, and enormous crowds gathered. There were a lot of people in that crowd who knew they were alive because of the uprising Bud began all those years before.

I learned so much from my friendship with Bud, but here's what I learned more than anything else: You never write anyone off. You never dismiss a human being. You never can assume anyone is worthless. It's hard to think of somebody with less power or respect than a homeless street addict -- but Bud saved thousands of lives, and he changed his city forever.

If you are reading this and thinking, Yes, the abuse of addicts is wrong, but what can we do? We all feel powerless. We all feel sometimes like we can't make a difference. Then think of Bud. If we band together, we have so much more power than we realize.

Every human has the capacity to be a hero -- including addicts. Every life matters. Every addict's life matters. Marcia Powell deserved better than being cooked in a cage. Billie Holiday deserved better than being handcuffed on her deathbed. Bud deserved better than years on the streets. In the twentieth century, we chose policies that kill addicts over policies that save addicts. As year 101 of the drug war begins, we have a chance to save the next Marcia, and Billie, and Bud. There is a better way waiting for us -- if only we are ready to seize it.



Please share your stories of addicts you have known, or addicts who have been killed by our wrong approach, with the hashtag #AddictsLivesMatter.

Johann Hari's book 'Chasing The Scream: The First and Last Days of the War on Drugs' is published by Bloomsbury as a hardback, ebook and audiobook. To find out where to buy it, or for more information, click here.

To be kept up to date on this issue, you can like the book's Facebook page and follow Johann on Twitter.

The sources for this article can be found in the book.

You can watch the video of Johann Hari's recent speech about #AddictsLivesMatter

Johann will be speaking and signing books at Politics and Prose in Washington DC on the evening of the 29th Jan, the 92nd Street Y in NYC on the lunchtime of the 30th Jan, Red Emma's in Baltimore on the 4th Feb, and at Ben McNally bookstore in Toronto (with Naomi Klein) on the 11th Feb.

Tuesday, September 30, 2014

Judge Wake re: Graves v Arpaio: jail medical care still sucks.


I heard some time ago that supervision of the MCSOs health and mental health care services for prisoners was going to be winding down due to their increasing compliance, though I kept hearing horror stories coming out of Joe's jails - like the young woman who lost her unborn child due to food poisoning last winter, soon before the men and women alike tried to launch a hunger strike to protest being fed garbage unfit for human consumption (Arpaio made it sound like they were just upset about going vegetarian - like they really wanted that green bologna and mystery meat back). 

The MCSO is also holding mentally ill children in solitary confinement - which has been shown to be devastating to such prisoners' mental health. I'd love to see the ACLU and Judge Wake take that one on next. Then again, maybe this current suit would cover solitary for those kids, if I can get evidence to the court that it's damaging already-compromised, mentally ill youth, and that their ultra-isolation isn't serving any penological interest. Hmm...




Also, check this link out in re the racial profiling lawsuit against Sheriff Joe and the MCSO, now under orders to reform by US District Judge Murray Snow:

"The ACLU of Arizona has launched a website, ChangingMCSO.org (in English)/CambiandoMCSO.org (in Spanish), so that the public can keep up with the court-ordered reforms of the Maricopa County Sheriff's Office."





--------from the ACLU-AZ---------



Arpaio's Jails Ordered to Stop Endangering Prisoners' Health



Judge Finds Maricopa County Jails Fail to Provide Adequate Medical and Mental Health Care


FOR IMMEDIATE RELEASE
September 30, 2014

CONTACT:
Alexandra Ringe, ACLU national, 212-549-2666media@aclu.org
Steve Kilar, ACLU of Arizona, (602) 773-6007, skilar@acluaz.org

PHOENIX – More than four years after a federal judge put the Maricopa County jails operated by Sheriff Joseph Arpaio under court order for neglect of detainees, that same judge, Neil Wake, has ruled that the jails must remain under the order. Judge Wake found that the jails continue to provide detainees with inadequate medical and mental health care. The American Civil Liberties Union and the ACLU of Arizona showed during an evidentiary hearing that concluded in March that the scarcity and poor quality of the jails' medical and mental health care caused unnecessary suffering.

"Those in charge of Maricopa County's jails can no longer skirt their constitutional responsibility for detainees' health," said Eric Balaban, staff attorney for the ACLU's National Prison Project. "Judge Wake found severe problems with the jails' medical care, from intake to treatment. Detainees have had serious illnesses that the jails' staff missed or ignored, causing permanent injuries and even deaths. With today’s decision, every detainee at Maricopa County should have access to adequate medical and mental health care. At last."

In August 2013, Maricopa County commissioners and the Sheriff asked the court to lift the order placed on it in 2008 – an order which itself resulted from the jails' failure to provide constitutionally adequate health care and abide by the terms of a 1995 federal court order requiring improvements in health services.

As Balaban explained, "Last year, the Maricopa County jails requested an end to the 2008 court order, claiming that they'd done what was necessary for the detainees' mental and physical health. We said, 'Not so fast.' We investigated, bringing medical and mental health experts to the jail, and what we found showed Judge Wake that the jails have a long way to go before his order can be lifted."

In addition to the ACLU and the ACLU of Arizona, Osborne Maledon, P.A., has assisted on the case.

Read the ruling here: https://www.aclu.org/prisoners-rights/graves-v-arpaio

Thursday, May 29, 2014

Federal precedent set: Jail mail "postcard-only" policies unconstitutional.



"Funk Sheriff Joe" Campaign
28th and Indian School, Phoenix, 2012

This goes out to prisoners of the Maricopa County Jails: 

The end of the postcard-only policy will come to this state only if you file grievances and appeal them all the way to the top, then file suit. Please do so if you plan to be there at least another 6 months.

Your grievances should specify that the policy is a violation of your first amendment rights. Note the reasons raised below that the court said such a policy is a constitutional violation in Oregon (article 2). Itemize the kinds of consequences that the policy has had to you, personally (ie: increased isolation, despair and loss of intimacy; loss of housing or defaulting on debts or missing critical information for being unable to attend to personal business; decreased likelihood of staying out of jail/prison if close relationships are disrupted; lack of information about current events may impede your ability to participate in your defense; and so on.) Tell them the remedy you desire is the end of the policy and the allowance of regular mail again.

In the meantime, you should check out the library at the jail for legal resources, and ask for a "Section 1983 Civil Suit filing packet". The most recent version should be May 2013. Get to know the library's resources, you'll need them. Be good to your librarian, too - you need them a s well. Dont go around talking about suing, either - keep it on the down low or face harassment and retaliation by officers and administrators. But let other prisoners know what you are doing, in the hopes they will join in.

At the same time you try to get the info from the library, write to the US District Court and ask for a current "packet for prisoners needing to file pro se" (with no attorney). They will send you the forms and instructions, including for how to file if you have no money to put down up front for the filing fee ($400) - that should not stop you. See who comes through with the right documents for you the fastest. Always trust the courts before you trust the jail's instructions and paperwork, though. Here's the addy:

US District Court: Arizona  / Sandra Day O'Connor Courthouse
410 W. Washington Street Suite 130  / Phoenix, AZ 85003                 


 If the jail staff are intimidating you or impeding your ability to file a lawsuit in any way, send what evidence you have of their conduct to the ACLU, below. If at all possible, though, you need to have a loved one run a shadow file for you of all your important documents from this point forward. Once they realize what we're doing, the jail will tear up your houses and try to destroy any evidence you have that could be used against them, so mail all your docs out somewhere safe and retrievable ASAP.

You cannot file a lawsuit or a complaint with the ACLU until you have completed the jail's grievance process, appealing every denial. Get a copy of the policy and follow it to the letter. Send copies of your completed, denied grievances, with the enclosed complaint form (or a letter) to:ACLU of Arizona  / P.O. Box 17148 / Phoenix, AZ 85011
 
Tell the ACLU you want to file a Section 1983 federal civil rights suit to seek an injunction to end the postcard-only policy of Sheriff Joe's. It's being thrown out by the federal courts all across the country. Ask them to help you and other prisoners fight it. The more who write to them, having completed the grievance process, the more likely they will be to deal with it. They aren't inviting you to do this, by the way - I'm suggesting it as our strategy to elicit their help. No guarantee that they will have the capacity to, though, even if they desire to.

Families of MCSO prisoners: you also have standing to sue, if this policy is infringing on your first amendment rights, too. Talk to the ACLU-AZ about what you might be able to do, too.

I write the blog Arizona Prison Watch, by the way, from my home, and I'm no attorney, just a well-intended anarchist; this is how I fight the state. My address is PO Box 20494 / Phoenix, AZ 85036 - phone is 480-580-6807. email is arizonaprisonwatch@gmail.com I'd love it if you'd all keep me in the loop too - I can run a shadow file for prisoners if you are willing to commit to this effort and send me your documentation.

Finally, if you're going to be doing all this because you expect to be stuck in jail for awhile,  subscribe to Prison Legal News, PO Box 1151, Lake Worth, FL 33460. Its only $30 a year for prisoners, and well worth it.


Good luck, and blessings. May we all someday live free.

Peggy Plews

----------------------from the ACLU----------

ACLU-MO Challenges Jail’s Postcard-Only Policy in Federal Court

Monday, April 7, 2014

MCSO Deaths in Custody: the homicides of John Klatt and Douglas Walker.



As some folks out there are well aware, cops and prison guards often collaborate with gang leaders to set up people they want to see shut up or executed  - often by celling them with a likely assailant/killer, then looking the other way long enough for the deed to be done. 

Last week a prisoner was killed in a case I think is very much related to the murder of an accused child predator, John Klatt, in MCSO's jail in January by similar means - except this time, I think the intended victim is the one who survived the confrontation.  

In the January killing, it looks like the MCSO placed Klatt in minimum security with a ton of child molestation charges against him - an obvious attempt to have him executed by other prisoners before trial. 20 yo. Nike Black likely did the deed under order of one of the gangs, leaving him no choice but to kill the guy and be the hero, or or die as a coward himself. All the gangs police and punish the members of their own race in prison, whether or not those prisoners are gang members. That kid had a fresh charge that would have forced him to either seek protective custody in prison or do the gang's dirty work. The gang and yard leaders usually tell guys with domestic violence charges (or any offense against a woman) that they can only clear their own name by taking out some prisoner whose crime is worse than their own. What would most guys in similar shoes choose - and how much of a real choice is that, anyway? The MCSO helped force Black into that position, too, by celling him with Klatt.

The community has a lot to do with these extra-judicial execution of prisoners, as well - just look at the comments after this news article about the first of these two killings. Friends and family of both suspect and victim are there, and lots of people are giving the killer props for a job well done. For those of you who think accused pedophiles deserve to be executed, do you also think their killers deserve to have their lives destroyed as well? Because that's part of the collateral damage of extra-judicial executions and vigilantism - someone else then has to be punished for doing that job. Your champion, Nike Black's life will now be spent in prison and most likely shortened by violence and trauma, heroin addiction, or Hepatitis C (which most prisoners in this state contract during their incarceration...). In the meantime, you will all forget his noble sacrifice and he will become like all the other faceless, dehumanized prisoners you like to know are suffering.
 

Arpaio insisted in January that nothing could have been done to prevent Klatt's killing (How about segregating your sex offenders and child molesters from the rest of the population, as the AZ DOC does?) I think they have the right to be safe in custody, be they pre-trial or post-conviction. For those to whom guilt and innocence matters in prisoner rights cases, you're wrong. Let one be abused, and all are at risk - justifying punishments above and beyond those already sanctioned by the court, like rape of child predators, puts everyone in prison at greater risk, even the "good guys". But you should also be aware that up to 15% of convicted sex offenders may actually be innocent. What might the innocence rate be among those who have simply been accused? Sadly, all are condemned as soon as the news of their charges hits the media. Look at Courtney Bisbee.

So now we come to the current killing - a convicted prisoner awaiting sentencing on a violent crime who fears for his own safety is celled with an accused (and confessed) seriously mentally ill child killer awaiting trial, also fearing for his safety. If I was Walker's family's attorney, I'd look closely at Arpaio's refusal to take responsibility for re-visiting policies around celling people with crimes the rest of the prisoner population would find repugnant as the very reason that Walker ended up dead, even if Ward claims self-defense. As I observed earlier, the public was so pleased that the victim of the January attack was an accused pedophile that the MCSO wouldn't have felt much pressure to keep any other child predator in their custody safe from similar treatment. They were outright encouraged to set it up, in fact. It was ordained by that decision to cell those two together that one of the two parties would leave in a body bag - that was a reasonably forseeable event after the January homicide of John Klatt. That spells major liability.


In this more recent homicide,  I wouldn't be surprised if Walker was celled with Ward by folks at the MCSO wagering on whether or not he would kill him. Walker did time before and was on his way back to the joint - I guarantee the gangs would have put a green light on Ward to "discipline" him for the way he killed his 12 year old younger brother; his celly would be the most likely person they'd order to do it, regardless of whether or not the guy was in a gang. If Walker didn't follow those orders he'd be hitting the prison gates as a target himself in a short two weeks - he was expressing fear for his safety as it was, according to this report. I think everyone just underestimated Ward's determination to stay alive, and his capacity for fighting back.

Really, all of these men's families need to sue, with Arpaio's name at the top of the list. MCSO complicity will likely not be proven in criminal court, of course - the investigators handling these cases will never even try to hold officers or Arpaio accountable in their reports. Only the prisoners will appear to be the violent ones in all this - that's consistent with the way the good Sheriff Joe implements justice in the community, too: he subverts it and ducks responsibility every chance he can.


I'm sure I'll have more to say about this case down the road, as more is learned about what community-based psychiatric help, if any, Ward and his family got before he killed his brother. For now, though, I think the real story is about the proclivity of law enforcement officers to act as judges, juries and executioners (or their accomplices); moreover, the willingness of their adoring public to accept it. 


-------------------------

Phoenix man accused of killing brother now accused of killing cellmate

Vianka Villa, The Republic |
azcentral.com  
 April 4, 2014

A Maricopa County inmate charged in the fatal stabbing of his 12-year-old brother in Phoenix now stands accused of killing his cellmate in a frenzied attack on Wednesday night.

Andrew Ward, 27, was arrested early Thursday on suspicion of killing Douglas William Walker, who was awaiting sentencing on an armed robbery conviction, according to the Maricopa County Sheriff's Office.
Sheriff's officials said Walker was found "beaten, stabbed with a golf pencil and smeared with peanut butter over his head." He was discovered at about 7:30 p.m. when inmates notified detention officers on a security walk of a fight inside the cell.

Phoenix fire paramedics pronounced Walker dead on scene. Paramedics also determined that a plastic bag had been placed in Walker's nose and throat and obstructed his breathing.

Ward reportedly admitted to a play-by-play of the attack in an interview with detectives and told investigators that he had "no regrets," according to a sheriff's statement.

Ward relayed that he had cut Walker's throat with a plastic playing card, stabbed him in the eyes and throat with a golf pencil and finished the assault by stuffing a plastic bag down Walker's throat, according to a sheriff's statement.

Sheriff's Office spokesman Chris Hegstrom said Ward has been re-classifiedd and housed by himself in the Fourth Avenue Jail.

Both Ward and Walker were placed in segregated custody in the county jail system after each told jail administrators they feared for their safety, according to the Sheriff's Office.

Ward was arrested March 12 on suspicion of stabbing and killing his 12-year-old brother in a north Phoenix home last month, and pleaded not guilty to the allegations in a brief court hearing.

Walker pleaded guilty to armed robbery charges last month and was due to be sentenced, and likely transferred to the Department of Corrections, on April 11.

In September 2013 Walker and an accomplice robbed a man in a McDonald's parking lot on Indian School, threatening him with a knife and an Airsoft gun, a type of replica toy gun that fires plastic BB's, according to court documents.



Walker and his accomplice demanded money from the man and took his iPhone, which they later tried to sell after they fled the scene, court documents show. He was charged with armed robbery.


It is the second murder Ward has been accused of in the past three weeks.

Police said Ward called 911 on March 12 from a convenience store and reported he had stabbed someone at a house off 35th Avenue south of Deer Valley Road.

Officers found Austin Tapia with multiple and fatal stab wounds when they arrived at the home at about 5:30 p.m.

Ward had blood on his clothing and was believed to be carrying a knife in his pants pocket when he was taken into custody at the convenience store, said Sgt. Steve Martos, a Phoenix police spokesman.

Police said Ward was alone with his brother, whose mother and two sisters were out to dinner.

Austin had decided to stay home.

Detectives said that when they asked Ward why he killed his brother he told them, "Honestly, I just felt like killing."

Court records suggest Ward struggled with drugs and alcohol.

In filing the probable-cause statement, police suggested Ward may be an addict and mentally ill and had asked to "go to (a) mental hospital" instead of jail when he called police.

The report said Ward's family reported that he suffered from depression and had a history of domestic violence in the home.

The family also said Ward had threatened them in the past and that his siblings had called the police on him before.

Ward's previous convictions included DUI, assault, marijuana possession and resisting arrest, according to court records.

Thursday, January 30, 2014

Cruel and Unusual: Arpaio's new jail visitation limits hurt families, children.


(EDITED 1/31/2014 12:15pm)

I discovered that visits have been reduced to one 30 minute visit/prisoner today when I went to visit someone at the jail, and my heart sank. This reduction in visits to only one 30-minute visit each week (and a max of 2 visitors) must have been devastating for prisoners and their loved ones when it went into effect - still is, I would bet. I hope people are grieving this policy and sue over it, especially since the mail policy still only allows for postcards - no letters are allowed in unless they qualify as legal mail. That means no paperwork about one's medications, or one's rights while incarcerated, or issues related to one's case unless a lawyer sends it. They don't even allow letters from children, or cute pencil drawings on the postcards. It's bad enough to do that to someone who has been convicted of a crime - but, as Kelly Flood from the AZ ACLU said: 

"It seems particularly unjust and unfortunate when we’re talking about pre-sentence detainees,” Flood said. “For those folks to be completely deprived of their families’ visitation, it’s unjust and unfortunate and dehumanizing."

Many are trapped in pre-trial custody just because they can't afford bail, not because they are necessarily more dangerous or guilty or evil than those who are free pending trial. Do you know how hard it is to defned yourself when all the information you can get from the outside world is what Sheriff Joe allows on the TV screen and what you can get from a postcard?

So many folks in the general public say criminals shouldn't have the right to visits, that it's a privilege for the law-abiding that they don't deserve, but maintaining family connections is critical to mitigate the harm that incarceration does to the imprisoned as well as their loved ones, like their kids, who are undoubtedly being hurt by losing contact with their parents. 

This visitation restriction is probably also pretty hard on the mentally ill being held in solitary confinement, getting only more disturbed the more they're isolated, abused, and separated from support. Evidence-based practice suggests that visitation and close family/community ties are critical for helping prisoners succeed once back in the community...unfortunately, the MCSO doesn't abide by contemporary professional corrections practices, as we can all see.


So not only is cutting everyone to a single 30-minute visit cruel to people who haven't even been convicted yet,  it's really dumb on crime as far as those who have been. It certainly isn't "fair" to hurt everyone equally, which is the justification for cutting back visitation where there shouldn't be any disruption of the visitation areas for these kiosks to be installed. It's simply justifying being abusive to more prisoners than he really has to be hurting, that's all.
 
For those of you looking for current jail policies and info for families, here they are (effective December 1, 2013). If the link is broken, its probably outdated, so head to the MCSO main website.


THE POSTCARD-ONLY POLICY WAS FOUND UNCONSTITUTIONAL IN OREGON, AS IT VIOLATES THE 1ST AMENDMENT RIGHTS OF PRISONERS AS WELL AS THOSE WHO WRITE TO THEM FROM THE FREE WORLD (that means people like me have standing to sue if MCSO rejects my letters...).

-------------------------------

MCSO to allow video jail visits – for a price




The Republic | azcentral.com Tue Dec 10, 2013 10:58 PM
 
Maricopa County jails are installing a new video system that will allow inmates to have virtual visits with family, while earning the county Sheriff’s Office hundreds of thousands of dollars a year, but make it harder for some relatives to see loved ones.

The high-tech system, which will be the largest of its kind in the country, according to the manufacturer, will let family and friends anywhere in the world talk with inmates via video, so long as they have access to a computer with a camera and a credit card to pay $12.95 for a 20-minute conversation.

The system, which is expected to be in place early next summer, is meant to make visits easier and improve security at the county jails, which book 100,000 people every year. But as work begins on installing the Internet-based system, the Maricopa County Sheriff’s Office cut regular visiting time from three hours per week to 30 minutes.

Although sheriff’s officials say the system will make visiting inmates easier, it’s not being welcomed by prisoner-rights advocates. The American Civil Liberties Union of Arizona criticized MCSO for planning to eliminate face-to-face visits at its Towers, Estrella and Durango jails because it could mean fewer people have access to inmates.

Visitors to the county’s other three jails communicate with inmates through closed-circuit video accessible at terminals inside jail lobbies.

ACLU senior staff attorney Kelly Flood said the need for people to have access to a video-enabled computer to visit with an inmate would make it harder for some families and prevent people like Sheriff Joe Arpaio, who eschews technology and relies on a typewriter, from having a virtual visit with an inmate in his jails.

The vast majority of jail inmates have not been sentenced for their crimes, she said, and many remain in custody because their friends and family members cannot afford to bail them out.

“They’re making it harder and harder. It seems particularly unjust and unfortunate when we’re talking about pre-sentence detainees,” Flood said. “For those folks to be completely deprived of their families’ visitation, it’s unjust and unfortunate and dehumanizing.”

The $2.6 million system, which the manufacturer is installing at no cost to Maricopa County, will also turn into a money maker for the Sheriff’s Office once it gets paid off and the agency starts to receive a 10 percent cut of the fee paid for every conversation.

The sheriff’s share, which would average more than $300,000 each year if the agency maintained its current visitation rate, is designated to go into the Inmate Services Fund, a pool earmarked for drug-rehabilitation programs and other services for inmates.

The Sheriff’s Office has come under scrutiny in the past for using the inmate funds, which topped $12 million in fiscal 2012, to pay for deputies who didn’t work in the jails, a violation of county policy.

State leaders have also swept those funds in the past to help balance the budget.

Both the Sheriff’s Office and the system’s manufacturer expect jail visits to increase once the system is in place, because friends and family will have virtually unlimited access to inmates from anywhere with a reliable Internet connection.

“You can use this system in China, Russia, on the moon, wherever they have an Internet system, including airplanes,” Arpaio said.

Other agencies in Arizona that have converted to video-visitation systems have seen an increase in visitors after inmates’ friends and family members became familiar with navigating the software and comfortable with paying a fee for each visit.

Pinal County opened its video-visitation system in April, and inmates have received more than 15,000 video visits in the first eight months. The agency still allows on-site visits and averages slightly more than 1,500 each month.

Apache County used the same company installing Maricopa County’s system and launched video visitation about six weeks ago. The jails have seen an increase in visitation, in addition to providing an opportunity for out-of-state inmates who were arrested for motor-vehicle violations on Interstate 40 to see family members from their home states and countries, Apache County sheriff’s Cmdr. Michael Cirivello said.

The system has allowed the jail to expand visiting hours from one day per week, with a maximum of 30 minutes, to five days a week with inmates receiving as many visits as their friends and relatives are willing to pay for, he said.

Apache County, which stretches 200 miles, also has inmates whose relatives find it cheaper to pay the $20 fee for a 20-minute video conversation than to drive to the facility in St. Johns, Cirivello said.

“I had one guy in here who got a visit from Okinawa (Japan),” he said. “And the people that get visited a lot, they’re getting visits every day now, sometimes a couple times a day.”

Three of the six Maricopa County jail facilities have used video systems for several years that allow visitors to meet with inmates through kiosks set up in the jail lobby and mobile units that detention officers move around to inmates’ cells. The other three jails still offer face-to-face visits, but the visiting hours were reduced systemwide in an attempt to be fair, sheriff’s Deputy Chief Mike Olson said.

Once the new system is installed, visitors will have to register through Securus Technologies’ website and wait for sheriff’s investigators to conduct a background check to ensure the visitors are not felons.

After the visitor is approved, he or she can schedule a visit with an inmate 24 hours in advance and engage in the virtual visitation from any computer with a camera.

The virtual visitation system will present some hurdles for detention officers intent on keeping felons from visiting inmates, which is possible if a non-felon registers for a visit and a felon sits down in his place, but sheriff’s officials said visitors would be barred if they were discovered attempting to game the system.

A Securus representative said he hoped the prospects of easy virtual visitation would dissuade criminals from engaging in any illicit activity.

“We believe $12.95 and their visitation rights to visit in the future are on the line, and they’re not going to game the system,” said Darrin Hays, a Securus account manager. “We believe they’re going to say, ‘There’s value in this, and we just want to get our visits.’ ”

But the advent of virtual visitation also means the Sheriff’s Office will likely have to abandon its long-standing and highly promoted policy that prohibits undocumented immigrants from visiting inmates in Maricopa County jails.

As the system is accessible from anywhere in the world, Hays said, the visitor’s residency status in the United States or any other country should become irrelevant.

“What this really does is promote the relationship with the community,” Hays said. “If I’m here illegally, I don’t think I want to step into the jail, and famously, Arpaio’s jail. So, what can I do? I can actually get online, and I can at least apply. If I’m denied, I’m denied. They can’t find me, I’m on an Internet connection.

“You don’t know where they’re visiting from, so you really can’t say they’re here illegally.”

Thursday, April 25, 2013

POSTCARD-only policy in jails unconstitutional!

YAY for Prison Legal News - which is well worth the subscription, by the way.

 Hopefully this means the beginning of the end of the crummy postcard-only policy in the Maricopa County jail system. It really is unduly oppressive and drastically restricts freedom of speech both ways. It being thrown out in one jail doesn't mean that Joe Arpaio will change his policy without a fight, though. It means the prisoners in his jails need to file grievances about the mail policy violating your 1st Amendment rights - appealing them all the way to the top so you are in a position to sue when the last denial comes down - that's called "exhausting administrative remedies" - it shows you're trying to work things out in-house, by policy, before asking the court to settle your prisoner issues. 

I know the MCSO is worried about massive quantities of drugs being hidden in children's homemade birthday cards and the like, but I think they should start strip-searcing the guards (who are the biggest source of contraband in most jails/prisons) instead of strip-searching all the prisoner's  mail...they'd find a whole hell of a lot more contraband that way.

Besides, nothing beats a real letter...






--------------------------


PLN prevails in challenge to postcard-only policy at Columbia County, OR jail

Prison Legal News, Jan. 1, 2013. Press release - PLN prevails in challenge to postcard-only policy at Columbia County, OR jail 2013

PRESS RELEASE

Human Rights Defense Center
For Immediate Release

April 25, 2013


Federal Court Strikes Down Postcard-only Policy at Columbia County Jail

Portland, OR – On April 24, the U.S. District Court for the District of Oregon, Portland Division, held that a postcard-only policy at the Columbia County Jail, which restricted mail sent to and from detainees at the facility to postcards, is unconstitutional. The court therefore has prohibited enforcement of the policy permanently – the first time in the United States that a jail’s postcard-only policy has been struck down following a trial on the merits.

The ruling, by federal judge Michael H. Simon, was entered in a lawsuit against Columbia County and Sheriff Jeff Dickerson filed by Prison Legal News (PLN), a non-profit monthly publication that covers criminal justice-related issues. PLN, a project of the Human Rights Defense Center, sued in January 2012 after Columbia County jail employees rejected PLN’s monthly news publication and letters mailed to detainees. Further, the jail had failed to provide PLN with notice or an opportunity to appeal the jail’s censorship of PLN’s materials.

The rejection of PLN’s publications and letters was attributed to the jail’s postcard-only policy and a policy and practice that prohibited detainees from receiving magazines. PLN contended that such policies violated its rights under the First Amendment, and that the lack of notice and opportunity to appeal was a violation of the Fourteenth Amendment.

During the litigation, the defendants admitted “that inmates have a First Amendment right to receive magazines and inmates and their correspondents have a Fourteenth Amendment right to procedural due process.” However, the jail defended its postcard-only policy and claimed there was no official policy banning magazines at the jail.

On May 29, 2012, Judge Simon entered a preliminary injunction prohibiting the defendants from enforcing their postcard-only policy. He ruled that the policy "drastically restricts an inmate’s ability to communicate with the outside world," and "prevents an inmate’s family from sending items such as photographs, children’s report cards and drawings, and copies of bills, doctor reports, and spiritual and religious tracts." The court also observed that the jail’s postcard-only policy "inhibits rehabilitation," citing a U.S. Supreme Court decision that found "inmate freedom to correspond with outsiders advances rather than retards the goal of rehabilitation." Undeterred, the defendants continued to defend their policy at trial, held from February 5 to 8, 2013.

Following the trial, the district court found in its April 24 ruling that the defendants’ rationales for adopting the postcard-only policy at the jail – preventing the introduction of contraband and saving time during mail inspection – were not supported by the evidence.

The court also determined that jail employees “did not in fact allow magazines to enter the Jail,” and that a ban on magazines was specifically declared in the jail’s inmate handbook, in a jail memorandum and on the jail’s website. Further, "Sheriff Dickerson credibly testified that he did not know that the First Amendment required the Jail to allow inmates to receive magazines when he took office in 2009." The district court therefore concluded that the defendants had a policy and custom of prohibiting magazines, in violation of the First Amendment.

Accordingly, Judge Simon entered a permanent injunction that enjoins the defendants from restricting incoming and outgoing mail to postcards only. "[T]he postcard-only policy creates a hurdle to thoughtful, personal, and constructive written communications between an inmate and his or her unincarcerated family and friends," he wrote. He also declared "that inmates have a First Amendment right to receive magazines and that it would be unconstitutional for Defendants to refuse to deliver magazines to inmates solely because they are magazines," and that detainees and their correspondents have a right to procedural due process when mail is rejected, including notice of the rejection and the ability to appeal same.

"This lawsuit could have been avoided had Sheriff Dickerson not enacted an unconstitutional, harmful policy that limited correspondence to and from detainees to postcards, and had he ensured that jail employees were properly trained as to the First Amendment and due process rights of both detainees and those who correspond with them," stated PLN editor Paul Wright. "Unfortunately he failed in both of these respects, and the court’s ruling is the result."

"The court’s well-reasoned and thoughtful opinion is notice to other jails that a postcard-only policy does not serve a legitimate purpose, and indeed harms the public interest. Jails would do well to steer clear of adopting ineffective policies that violate the Constitutional right of free speech," added attorney Jesse Wing, who represented PLN at trial.

PLN was represented by Marc D. Blackman with the Portland law firm of Ransom Blackman, LLP; Jesse Wing and Katie Chamberlain with the Seattle law firm of MacDonald Hoague and Bayless; and Human Rights Defense Center general counsel Lance Weber and staff attorney Alissa Hull. The case is Prison Legal News v. Columbia County, U.S. District Court for the District of Oregon, Case No. 3:12-cv-00071-SI.

________________________


The Human Rights Defense Center, founded in 1990 and based in Brattleboro, Vermont, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. HRDC publishes Prison Legal News (PLN), a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues. PLN has around 7,000 subscribers nationwide and operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news reports, court rulings, verdicts, settlements and related documents.


For further information, please contact:

Paul Wright, Editor
Prison Legal News
(802) 257-1342 (office)
(802) 275-8594 (cell)
pwright@prisonlegalnews.org

Jesse Wing, Attorney
MacDonald Hoague & Bayless
705 Second Avenue, Suite 1500
Seattle, WA 98104
(206) 622-1604 (office)
jessew@mhb.com

Sunday, November 18, 2012

Veterans Day, Phoenix, 2012: For Marty Atencio.


The following photo is from the Veterans Day parade in Phoenix, where Maricopa County Sheriff Joe Arpaio rolled out his biggest toy to honor our dead soldiers. I stopped to leave him a message for one dead Army veteran he should be especially mindful of: Marty Atencio. That man should be held criminally liable for the death of his prisoners given the dehumanizing treatment he encourages and the culture of contempt he's cultivated among his officers. 

The chalk is mine, but I can't take the credit for the shot: Lisa Blank took it, and it's all over Arizona Community Press's Community Free Press Facebook page. Thank you Lisa!


Remember Veterans like Marty, Sheriff Joe.
Veterans  Day 2012: Phoenix


Thanks to Stephen Lemons at the Phoenix New Times for this series about Marty's brutal killing by Phoenix Police and Joe Arpaio's deputies at the 4th Avenue Jail last year...



------from the Phoenix New Times----

Joe Arpaio's U.S. Veteran Victim Marty Atencio: Family Files Suit in Superior Court

By Stephen Lemons
Published Tue., Oct. 23 2012 at 12:24 PM





The family of U.S. Army veteran Marty Atencio is filing suit today in Maricopa County Superior Court over his brutal death late last year in Sheriff Joe Arpaio's Fourth Avenue Jail.

Atencio, who suffered from mental illness, was off his meds and wandering the streets in a daze on December 15, when he was picked up by Phoenix cops, allegedly because he had frightened a woman with his bizarre behavior.

Read the Atencio family's lawsuit.

That woman later stated that she'd hoped Atencio, 44, would receive the help he needed if he was in custody.

Instead, he received a one-way ticket to a military funeral.

See also:
 
-Joe Arpaio's Victim Marty Atencio: Family Files Notices of Claim Totaling $20 Million in Wrongful Death Case
-Jailhouse Goons Make Fun Of and Kill a Mentally Ill Inmate
-Joe Arpaio's Victim Marty Atencio Killed by "Law Enforcement Subdual," Among Other Factors, Says Medical Examiner (w/Update)
-
Joe Arpaio's Victim Ernest "Marty" Atencio Laid To Rest
-Joe Arpaio's Latest Victim Marty Atencio: MCSO Video of His Detention


Though Atencio was processed first without incident at the Phoenix Police Department's southern command station, his experience later in Fourth Avenue would be brief, humiliating and fatal.

There, Atencio was taunted and made fun of by MCSO detention officers, as is recounted in the suit:

After going through the medical screening, Marty was taken to have his mug shot
taken. While Marty was having his mug shot taken, the D.O.s were taunting him, asking him to "clown" for them, telling him to "turn left," "turn right," and making fun of Marty's
inability to follow instructions. 


As the guards made fun of Marty, they told him to make funny faces and the photographer, and a female Detention Officer, kept saying "let's make this one the Mug Shot of the week." After they took a particularly humiliating mug shot, the D.O.s had finished their fun with Marty and took him back to the holding tank.

Along the way, Atencio was escorted by Phoenix Police Officer Patrick Hanlon, who, according to the complaint, led Atencio "with his hands and arms bent in a position which caused Marty pain."
The complaint continues, stating that, "While Officer Hanlon was escorting Marty to the Linescan Room, Marty said `you're making Tony angry, you're making Tony angry.' Marty was telling Officer Hanlon that the officer was hurting him."

Shortly thereafter, in the jail's so-called "linescan room," as millions have now witnessed in video released by the MCSO, Atencio essentially did not remove his shoes fast enough for the officers present, with deadly consequences.

Atencio crossed his arms in front of him, in a non-violent stance. And that's when they pounced, piling onto Atencio, wailing on him and Tasing him, in what the suit refers to as a "jailers riot."

The complaint relates how these goons then dragged Atencio to a so-called "safe cell," where, as Atencio was held down, he allegedly was kneed more than once by MCSO detention officer Anthony Hatton.
Atencio was stripped of his clothes, and left to die. The jail's video system captured a naked Atencio breathing what looked like his dying breath on camera.

Outside the cell, as I've previously reported, Phoenix cops and MCSO detention officers partied like it was 1999.

"After this event," reads the complaint, "the jail's surveillance video outside `Safe Cell 4' shows D.O. Hatton, with a smile on his face, talking to other Officers, while two MCSO women danced and bumped their buttocks together."

Later, Atencio's brain-dead body was revived by officers and rushed by paramedics to a local hospital, where his family ultimately decided to remove him from life support.

The Atencios lawyer, tort titan Mike Manning, who just won a $3.2 million settlement for the family of diabetic mom and Arpaio jail victim Deborah Braillard, observes in the suit that Atencio's death is the direct result of the "culture of cruelty" in Arpaio's vast incarceration complex.

Also, the complaint makes clear, the MCSO is in direct violation of federal court orders instructing Arpaio and the county to provide proper medical screenings of prisoners for mental and physical illness.

Because the MCSO is not in compliance with these orders, Atencio was not properly screened on arrival at Fourth Avenue, where the health care "professional" who examined him noted signs of psychosis, yet did not provide Atencio with the medical help he needed.

Unfortunately, all the court orders, lawsuits and multi-million dollar payouts seem to do nothing to change the reality of Arpaio's disastrously-run jails.

The only real change will come if the voters wake up, and retire Arpaio on November 6 by voting for his Democratic rival Paul Penzone.

Otherwise there will be more victims, more Marty Atencios, and a lot more lawsuits.

Friday, October 5, 2012

Justice for Deborah Braillard: Change the Victim's Bill of Rights.

These jail and health care "professionals" from Correctional Health Services should have been criminally prosecuted for their treatment of Deborah Braillard. This is one more reason we need to change the Victims' Bill of Rights in the AZ Constitution to stop exluding prisoners as victims. "Persons in custody for an offense" (and their survivors, if they are killed in the care of cops or corrections officers) are the only class of humans denied those basic rights and protections. 

State entities and predatory corporations like Wexford Health Sources can claim "victim" status if anyone so much as trespasses against them, but prisoners - including people in custody who are not yet convicted or charged - don't have legal status as victims of their criminal misdeeds. We need to change that, people...




--------from the AZ Republic-----

Maricopa County agrees to settle suit tied to inmate death


Maricopa County administrators have agreed to pay an undisclosed amount to settle a 6-year-old lawsuit over a woman's death that occurred after she was booked into a county jail.

The county has already spent about $1.8 million to hire attorneys to defend itself in the lawsuit, said Cari Gerchick, a county spokeswoman.

Any other details on the terms of the settlement will remain under seal until the county Board of Supervisors meets on Oct. 17 to authorize the agreement, she said.

The Sheriff's Office is also not authorized to comment on the agreement until it is approved, a spokesman said.

In addition to Maricopa County and the Sheriff's Office, the lawsuit targeted Correctional Health Services, the taxpayer-funded agency that provides constitutionally mandated health care in the county jails.

The lawsuit was filed in 2006 by the surviving family members of Deborah Braillard, a 46-year-old woman who had been booked in jail several times before her entry into the Fourth Avenue Jail on Jan. 1, 2005, on suspicion of drug possession.

During her prior jail bookings, Braillard's diabetes had been noted during the health-care screening that every county inmate undergoes when admitted into jail.

But employees of Correctional Health Services failed to note Braillard's medical condition in early 2005.
Instead, because Braillard was barely coherent and slurring her words, jail health-care workers thought they were dealing with a woman in the throes of a drug addiction.

Braillard was coming off drugs and showing signs of a blood-sugar crash, according to court documents, her family and testimony from jail employees. She was disoriented, vomiting, soiling herself, sweating profusely and complaining of pain, according to court documents. Employees attributed her symptoms to drug withdrawal.

Four days after she was booked into jail, Braillard was taken to Maricopa Medical Center, where she would remain unconscious until she died 18 days later of complications from diabetes.

The form used to assess the medical condition of an incoming inmate lists 27 questions. A health-care worker completed Braillard's assessment in less than a minute, according to court documents.

No one noticed that Braillard was diabetic. An electronic medical-records system, had it been in place, could have immediately alerted employees about Braillard's condition. She had been administered insulin at the jails many times before, and an electronic system would have included her medical history.

County administrators signed a $4.5 million contract for an electronic medical-record system in March, though the network is still in the design phase, Gerchick said.