IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
UNITED STATES OF AMERICA, Plaintiff
STATE OF ARIZONA; J. FIFE SYMINGTON, III, Governor of Arizona; TERRY L. STEWART, Director, Arizona Department of Corrections; DALE COPELAND, Warden, Arizona Center for Women and ASPC-Alhambra; JEFF HOOD, Warden, ASPC-Perryville; JOHN HALLAHAN, Warden, ASPC-Tucson, Defendants.
1. This action is brought by the Attorney General, on behalf of the United States, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq., to
enjoin the named Defendants from depriving women residing in the facilities comprising the Arizona Department of Corrections women's prisons (hereinafter "ADOC"), of their rights, privileges and immunities secured and protected by the Constitution of the United States.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this action pursuant
to 28 U.S.C. § 1345.
3. The United States is authorized to bring this action
pursuant to 42 U.S.C. § 1997a.
4. The Attorney General has certified that all prefiling requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint
and is incorporated in this Complaint by reference.
5. Venue in the District of Arizona is proper pursuant to 28 U.S.C. § 1391. All claims set forth in the Complaint arose in said District.
6. Defendant State of Arizona owns and operates the state
prisons housing women prisoners within the State of Arizona, and
is the governmental entity with ultimate authority and control
over conditions within the state prison system.
7. Defendant J. Fife Symington, III is the Governor of
Arizona and heads the Executive Branch of Arizona's government.
He selects and appoints the Director of the Department of
8. Defendant Terry L. Stewart is the Director of the
Arizona Department of Corrections ("ADOC") and exercises
administrative control of, and responsibility for, ADOC.
9. Defendant Dale Copeland is Warden of ADOC women's
prison Arizona Center for Women and is Warden of ADOC women's
10. Defendant Jeff Hood is Warden of ADOC women's prison
11. Defendant John Hallahan is Warden of ADOC women's
12. The individually named defendants in paragraphs 7, 8,
9, 10 and 11 above are sued only in their official capacities as
officers and officials of the State of Arizona.
13. ADOC is an institution within the meaning of 42 U.S.C. § 1997(1).
14. Defendants are legally responsible, in whole or in
part, for the operation of and conditions at ADOC.
15. At all relevant times, Defendants have acted or failed
to act, as alleged herein, under color of state law.
16. Defendants are failing to protect ADOC women inmates
from sexual misconduct by correctional officers and staff. ADOC
women inmates are subjected to a variety of sexual misconduct
from Defendants' employees, including sexual relationships,
sexual assaults, sexual touching and fondling, and without good
reason, frequent, prolonged, close-up and prurient viewing during
dressing, showering and use of toilet facilities.
17. Defendants have been consciously aware of, but
deliberately indifferent to, the factual allegations set forth in
paragraph 16 for a substantial period of time.
18. Defendants have failed to address adequately the
misconduct described in paragraph 16 though they consciously knew
of that misconduct.
19. The acts and omissions alleged in paragraphs 16 through
18 violate the rights, privileges and immunities of women
prisoners confined in ADOC prisons that are secured or protected
by the Constitution of the United States and deprive those
prisoners of such rights, privileges and immunities.
20. Unless restrained by this Court, Defendants will
continue to engage in the conduct and practices set forth in
paragraphs 16 through 18 that deprive the women prisoners
confined by ADOC of their rights, privileges or immunities
secured or protected by the Constitution of the United States.
Such conduct and practices have and will cause women prisoners
confined by ADOC irreparable harm.
PRAYER FOR RELIEF
21. The Attorney General is authorized under 42 U.S.C. § 1997a to seek equitable and declaratory relief.
WHEREFORE, the United States prays that this Court enter an
order permanently enjoining Defendants, their officers, agents,
employees, subordinates, successors in office, and all those
acting in concert or participation with them from continuing the
acts, practices and omissions set forth in paragraphs 16 through
18 above, and that this Court require Defendants to take such
actions as will ensure lawful conditions of confinement are
afforded to inmates in ADOC's women's prisons. The United States
further prays that this Court grant such other and further
equitable relief as it may deem just and proper.
Attorney General of the United States
JANET NAPOLITANO, United States Attorney, District of Arizona
ISABELLA KATZ PINZLER, Acting Assistant Attorney General, Civil Rights Division
STEVEN H. ROSENBAUM, Chief, Special Litigation Section
MELLIE H. NELSON, Deputy Chief, Special Litigation Section
ROBERT BARTELS, Special Assistant U.S. Attorney, District of Arizona
Assistant U.S. Attorney
District of Arizona
MARK S. MASLING
Senior Trial Attorney
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
P.O. Box 66400
Washington, D.C. 20035-6400