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Case 2:07-cv-02513-GMS Document 1937 Filed 01/27/17 Page 1 of 3

1 John T. Masterson, Bar #007447
Joseph J. Popolizio, Bar #017434
2 Justin M. Ackerman, Bar #030726
JONES, SKELTON & HOCHULI, P.L.C.
3 40 North Central Avenue, Suite 2700
Phoenix, Arizona 85004
4 Telephone: (602) 263-1700
Fax: (602) 200-7846
5 jmasterson@jshfirm.com
jpopolizio@jshfirm.com
6 jackerman@jshfirm.com
7 Attorneys for Defendant Paul Penzone in his
official capacity as Sheriff of Maricopa
8 County, AZ
9
UNITED STATES DISTRICT COURT
10
DISTRICT OF ARIZONA
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Manuel de Jesus Ortega Melendres, et al., NO. CV 07-02513-PHX-GMS
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Plaintiff, SHERIFF PENZONE’S NOTICE
13 OF OBJECTION RE: MONITOR’S
v. CLASS REMEDIAL MATTER
14 DESIGNATIONS FOR IA 17-0036,
Paul Penzone, et al., 17-0050, AND 17-0051
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Defendant.
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17 Sheriff Paul Penzone, in his official capacity as Sheriff of Maricopa County,
18 Arizona, files this objection to the Monitor’s January 20, 2017 letters to the Court
19 designating IA 17-0036, 17-0050 and 17-0051 as a Class Remedial Matters (“CRM”)
20 pursuant to Paragraph 280 of the Second Amended Second Supplemental Permanent
21 Injunctive Order (“Second Supplemental Injunction”).1 [Doc. 1765]. Upon information
22 and belief, IA 17-0036 includes a Complaint involving a male inmate alleging he was
23 discriminated against by MCSO for being Hispanic. IA 17-0050 includes a Complaint
24 involving a female inmate alleging that detention officers were racists and treated
25 Hispanics unjustly. IA 17-0051 includes a Complaint involving a male inmate alleging
26 that a detention officer was racist and abused Hispanics.
27
Although these letters are dated on January 20, 2017, they were not sent to
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28 undersigned counsel via e-mail until January 22, 2017.
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Case 2:07-cv-02513-GMS Document 1937 Filed 01/27/17 Page 2 of 3

1 For the reasons more fully stated in the October 31, 2016 Notice of
2 Objection Re: Monitor’s Class Remedial Matter Designation for IA 16-0614 (Doc. 1860),
3 the aforementioned IA investigations fall beyond the authority granted to the Monitor to
4 conduct IA investigations at MCSO under the Court’s Second Supplemental Injunction
5 and are outside the Court’s definition of a CRM.2 Sheriff Penzone, therefore, objects to
6 the Monitor’s designation of IA 17-0036, 17-0050 and 17-0051 as CRMs.3
7 DATED this 27th day of January, 2017.
8 JONES, SKELTON & HOCHULI, P.L.C.
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10 By/s/John T. Masterson
John T. Masterson
11 Joseph J. Popolizio
Justin M. Ackerman
12 40 North Central Avenue, Suite 2700
Phoenix, Arizona 85004
13 Attorneys for Defendant Paul Penzone in
his official capacity as Sheriff of Maricopa
14 County, AZ
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22 Notwithstanding the objection to the Monitor’s designation of IA 17-0036, 17-
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0050 and 17-0051 as CRMs, MCSO will continue to comply with any request of the
23 Monitor regarding IA 17-0036, 17-0050 and 17-0051 pursuant to the requirements of the
Second Supplemental Injunction. [See e.g., Doc. 1675 at ¶ 280 (“During the pendency of
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any such appeal the Monitor has authority to make orders and initiate and conduct
25 investigations concerning Class Remedial Matters and the Sheriff and the MCSO will
fully comply with such action by the Monitor.”)].
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27 Upon information and belief, the Court has not yet ruled on the October 31, 2016
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unopposed first objection to the Monitor’s CRM designation involving detention related
28 IA investigations. See Doc. 1860.
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Case 2:07-cv-02513-GMS Document 1937 Filed 01/27/17 Page 3 of 3

1 CERTIFICATE OF SERVICE
2 I hereby certify that on this 27th day of January, 2017, I caused the

3 foregoing document to be filed electronically with the Clerk of Court through the

4 CM/ECF System for filing; and served on counsel of record via the Court’s CM/ECF

5 system.

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/s/Karen Gawel
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