Free Trial Brief - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Timothy J. Bojanowski, Bar #022126 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7811 [email protected] [email protected] Attorneys for Defendant Cora Miles UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Carlos Arthur Powell, Plaintiff, v. Cora Miles and Earl Scalet, Defendants. NO. CV-03-1819-PHX-JAT STIPULATED STATEMENT OF THE CASE

The following is the Stipulated Statement of the Case to be read to the jury: Plaintiff alleges that Defendants Miles and Scalet conspired to retaliate against him for exercising his First Amendment Right to file lawsuits and grievances while he was incarcerated at the Eloy Detention Center. Plaintiff also alleges that

Defendants labeled him a snitch when they told Inmate Garcia that Plaintiff informed the Immigration and Naturalization Service that Garcia had committed an aggravated felony, which caused the INS to place a detainer against Garcia. Defendants Miles and Scalet deny the allegations. Defendant Scalet merely brought concerns raised in the grievances purportedly written by other Inmates SalvadorBenitez and Navarro-Gonzales to the attention of Eloy Detention Center administration. Namely, the issues were that Inmate Garcia incorrectly was given an "outside gate" work

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assignment and charged other inmates for legal work. Eloy Detention Center officials began an investigation into the claims, and made certain that Inmate Garcia's "outside gate" work privileges were revoked. Defendant Miles was appointed to investigate

whether or not inmates were charging other inmates for assistance with their cases. Her investigation included an interview of Inmate Garcia. Inmate Garcia volunteered that he believed that Plaintiff had informed on him. Inmate Garcia went on to describe a prior confrontation where Plaintiff had threatened to make sure that the INS revoked Garcia's "outside gate" work pass. Inmate Garcia further stated that he never thought Plaintiff would carry through his threats, but now that he had, something would happen to Plaintiff. This conversation was the first time Defendant Miles became aware of Plaintiff's name. Plaintiff was subsequently placed in administrative detention for his own protection. Defendants also assert the affirmative defenses that 1) Plaintiff's claims are barred by the Prison Litigation Reform Act since he failed to properly exhaust all available administrative remedies prior to filing suit; 2) that Plaintiff failed to mitigate any physical injuries he allegedly incurred as a result of his placement in the Special Housing Unit; and, 3) Defendant Scalet is also relying upon the defense of Qualified Immunity to preclude liability as he was merely carrying out his duties and responsibilities in this matter. /// /// /// /// /// /// ///
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APPROVED AS TO FORM AND CONTENT: By: s/ Carlos Arthur Powell Carlos Arthur Powell c/o Amicus Curiae Association Foundation ATTN: Ken Peterson 9335 Bowman Avenue South Gate, California 90280 Pro se Plaintiff By: s/ Timothy J. Bojanowski

Daniel P. Struck Timothy J. Bojanowski Jones, Skelton & Hochuli, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorney for Defendant Cora Miles By: s/ John R. Mayfield John R. Mayfield U.S. Attorney's Office 2 Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for Defendant Earl Scalet

CERTIFICATE OF SERVICE I hereby certify that on December 4, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: John R. Mayfield U.S. ATTORNEY'S OFFICE 2 Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Attorney for Defendant Earl Scalet /// /// /// /// /// ______________________________________________________________
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I hereby certify that on December 4, 2006, I served the attached document by: mail on the following, who are not registered participants of the CM/ECF System: Carlos Arthur Powell C/O AMICUS CURIAE ASSOCIATION FOUNDATION ATTN: Ken Peterson 9335 Bowman Avenue South Gate, California 90280 Pro se Plaintiff

s/Dianne Clark

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