Warren Vs Joe Arpaio & The Maricopa County Jail

Case 2:11-cv-02032-JAT--LO Document 1 Filed 10/18/11 Page 1 of 8
Jason C. Beckstead Jay@BHBfirm.com CA Bar No. 223148 AZ Bar No. 023095 USPTO Bar No. 48,232 Buesing, Hernacki & Beckstead, PLLC 111 W. Monroe St., Ste 320 Phoenix, Arizona 85003 (602) 388-8645 (P) (602) 218-4450 (F)
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT A FOR THE DISTRICT OF ARIZONA PHOENIX DIVISION WARREN A. BRAITHWAITE, Plaintiff, v. MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES, MARICOPA MEDICAL CENTER, MARICOPA COUNTY SHERIFFS OFFICE, MARICOPA COUNTY (A MUNICIPAL ENTITY) AND JOHN DOES 1-50, Defendants. I.
IOLATIONS A ELIBERATE A COMPLIANT FOR VIOLATIONS UNDER 42 U.S.C. SECTION 1983: DELIBERATE INDIFFERENCE TO A PRETRIAL DETAINEES IMMEDIATE AND URGENT HEALTH ETAINEE A CARE NEEDS
Civil Action No.: to be assigned by the Clerk of the Court COMPLAINT A COMPLAINT
Plaintiff, Warren A. Braithwaite, through his attorneys, hereby complains against
Defendants Maricopa County Correctional Health Services (CHS), Maricopa Medical Center (MMC), the Maricopa County Sheriffs Office (MCSO), Maricopa County (a
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municipal entity), and John Does 1-50 (collectively Defendants) and alleges as follows: NATURE OF THE CASE 1. This is an action brought under 42 USC Section 1983, the United States Constitution,
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the Fourteenth Amendment to the United States Constitution, and other pendent statutory and common laws, asserting deliberate indifference to Mr. Warren Braithwaites immediate and urgent health care needs as a pretrial detainee being held in custody by the Maricopa County Sheriffs Office pending the resolution of his state criminal matter. 2. This Court has jurisdiction of Plaintiffs' federal law claims pursuant to 28 U.S.C. 1331
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and 42 U.S.C. 1988. Additionally, this Court has jurisdiction over any of Plaintiffs' state and federal claims pursuant to Article 6, Section 14 of the Arizona Constitution. 3. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), as the parties are
presently residents of Maricopa County, Arizona, and the events underlying this lawsuit occurred in Maricopa County. 14 15 16 17 18 19 20 21 22 23 24 25 26 4. At all times material herein, including from June 23, 2011, until the present date, Plaintiff
Warren Braithwaite has been a resident of Maricopa County due to being incarcerated in the county jail as a pretrial detainee. 5. At all times material herein, Defendants have been residents and/or government entities of
Maricopa County. 6. At all times material herein, Defendants actions and/or inactions under the color of
state law constitute actions of Maricopa County, and Maricopa County is vicariously and directly liable for all of Defendants wrongful conduct, as alleged herein . 7. Defendant Maricopa County (the "County") is a public entity, formed and designated as
such pursuant to Title 11, of the Arizona Revised Statutes, and (as such) it and its officers and divisions are subject to civil suit and may be held independently or vicariously liable for the wrongful conduct of its divisions, agents, officers, and employees, including (inter alia), CHS, MMC, and/or MCSO.
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8.
At all times material herein, Defendants John Does 1-50 and Jane Does 1-50 (collectively
"John Does") were officers, agents, and employees of CHS, MMC, MCSO, and/or Maricopa County, acting within the scope of their employment and under color of law. These Defendants engaged in wrongful conduct that allowed, caused, and/or contributed to cause the violations of Warren Braithwaite's rights. Their actions and/or inactions constitute actions of CHS, MMC, MCSO, and/or Maricopa County. CHS, MMC, MCSO, and/or Maricopa County are vicariously and directly liable for their wrongful conduct. 9. The true names, capacities, and relationships, whether individual, corporate,
partnership, or otherwise of all John Doe Defendants are unknown at the time of the filing of this Complaint, and are being designated pursuant to applicable law. Plaintiffs further allege that all of the fictitiously named Defendants were jointly responsible for the actions, events, and circumstances underlying this lawsuit, and that they proximately caused the damages stated in this Complaint. Plaintiffs will amend the Complaint to name the unidentified individuals once they have identified, through discovery, the identities and acts, omissions, roles, and/or responsibilities of such Defendants sufficient for Plaintiffs to discover the claims against them. FACTUAL BASIS FOR CLAIMS FOR RELIEF 10. Warren Braithwaite was diagnosed with a rare cancer of the blood plasma known as He nearly died in 2006/2007 from an improper initial treatment of the
multiple myeloma in 2006.
disease due to it being uncommon. He had kidney failure and dialysis. A multitude of oncologists were unable to treat or otherwise help Mr. Braithwaite. What he needed was a multiple myeloma doctor, a physician that is just about as rare as the disease itself. Warren found a multiple myeloma doctor at the University of Southern California Norris Cancer Center (Dr. Mohrbacher) who was able to save his life through a bone marrow transplant. tiple 11. While multiple myeloma is not curable, its symptoms can be controlled and a patients life thereby prolonged. Prior to his incarceration with MCSO beginning June 23, 2011, Dr. Mohrbacher had Warren Braithwaite in a state of good, partial remission.
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12.
Following his incarceration, Warren Braithwaite is believed to have relapsed due to
inadequate health care within MCSO as provided by CHS and MMC. CHS was informed by Mr. Braithwaite during his medical intake that he suffered from the disease of multiple myeloma. 13. Mr. Braithwaite began to pass blood in his stool, and sometimes nothing but blood instead
of a stool while under the care of CHS and MMC, and CHS has been aware of this since at least September 9, 2011. 14. his urine. 15. Mr. Braithwaite is not only passing blood in his stool and in his urine, but his feet are CHS has been aware since at least September 27, 2011 that Mr. Braithwaite has blood in
10 bleeding; additionally, he has had bleeding from his nose that is not otherwise explainable. 11 12 13 14 15 16 17 18 19 19. 20 21 22 23 24 25 26 20. The most-recent grievance form was completed by Mr. Braithwaite on October 11, 2011. In that grievance form he wrote: This is my fourth request about my pain in my abdominal and blood in my stool. The pain is also still in my legs. I also have blood in my urine and stool, black spots on the bottoms of my feet and warts are still coming out. I got to the infirmary at 3:10 on October the 6th in the morning. I still have not seen a multiple myeloma doctor. I still am not receiving any treatment for the blood in my urine, stool, pain in my legs and black
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16.
Mr. Braithwaite often has his bloody socks, jail slippers, and jail shirt confiscated without
any medical report made by CHS personnel in the Lower Buckeye Jail (LBJ) infirmary. 17. Mr. Braithwaite is presently held in solitary confinement in the LBJ infirmary to limit the number of potential witnesses to his present deteriorating condition. 18. Mr. Braithwaite has black spots on his feet that are spreading up his legs and are
loma beginning to show on his hands; this is a symptom of multiple myeloma known as cryoglobulinemia, a condition peculiar to this and other rare forms of disease. Mr. Braithwaite has exhausted all of his internal procedural remedies within the jail, to
wit, he has filled out at least four grievance forms, the responses to which have not addressed his immediate and urgent health care need to see a multiple myeloma doctor.
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spots on the bottoms of my feet, also progressive weight loss. I am just here in my bed, dying. All that the infirmary is doing for me is checking my vitals. It is now 7 days I am here. This is still on-going from September the 14th. 21. In a grievance form dated September 9, 2011, Mr. Braithwaite informed CHS in writing
4 that: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 potentially dangerous drug, in that it can cause kidney failure if not properly monitored. Every 21 day 20 21 22 23 24 25 26 25. Since his incarceration within the Maricopa County jail on June 23, 2011, and due to CHSs ue deliberate indifference, Mr. Braithwaites Revlimid chemotherapy has been allowed to lapse a total of three times: (1) once for a total of approximately 13 days instead of a precise 7 days, (2) once for a total of approximately 9 or 10 days instead of a precise 7 days, and (3) presently for an on-going period that began Saturday, October 15, 2011, when he was supposed to re-start another 21 day period (as of the
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I was off my medication for 13 days. I got back on Saturday the 17th [of September]. I went to the doctor for check-up. He pressed on my stomach and I felt a lot of pain. I told him that it hurt and he told me that I was a big boy. It was doctor Friedmon. Now Im noticing blood in my stool every time I go to the bathroom. 22. The written response by CHS to Mr. Braithwaites urgent medical need was: Please Please
schedule 0230 for provider to review ps c/o blood in stool. 23. The review of Mr. Braithwaites grievance of September 9, 2011, asserting blood in his 11,
stool is described in Mr. Braithwaites next written grievance form, dated September 22, 2011: Ive been off my medication for 13 days and Im experiencing severe sharp pain in my stomach. I went to health care on 9-21-11 at 11:30 AM to see the doctor. I was informed of procedure to test for bleeding: to draw and check my blood-count and the second procedure was to use K-Y jelly and insert his finger in my rectum. I informed the doctor that I would prefer to have my blood drawn. At this time he threw me out of his office yelling at me, exhibiting a lack of professionalism. I asked the doctor for his name and he replied # 126. There where officers present who witnessed it. His name is officer Reed. 24. Mr. Braithwaites chemotherapy medication (Revlimid) is prescribed for a 21 day
period, after which he is supposed to have a 7 day period that he is off the medication. Revlimid is itself a
prescription has a form that the patient is supposed to fill out, but contrary to this requirement, employees of CHS have filled out this form without any input from Mr. Braithwaite.
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filing of this suit Mr. Braithwaite has been inappropriately off his chemotherapy for four, going on five, days). 26. Prior treating multiple myeloma doctor Dr. Mohrbacher (Mr. Braithwaites physician
prior to incarceration) adamantly insisted that Mr. Braithwaite not miss any days of prescribed medication, and, at most, could miss no more than 2 days of his prescribed Revlimid chemotherapy, as documented in Plaintiffs health records as provided to CHS. 27. CHS personnel have, with deliberate indifference, attempted to force Mr. Braithwaite to
take his Revlimid medication more than once a day, something that could be a fatal mistake but for Mr. Braithwaites personal knowledge that he is not supposed to ingest more than the allowed amount in any 24 hour period. 28. Mr. Braithwaite called undersigned counsel on both October 12 and 13, to inform counsel
of the pain of his disease eating him alive. In gasped breath and in sobs, Mr. Braithwaite informed counsel that his pain has gotten so bad that he wishes he were dead. 29. On October 5, 2011, Dr. Joseph Mikhael MD, Med, FRCPC, a myeloma doctor and
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consultant hematologist (Dr. Mikhael) of the Mayo Clinic Arizona reviewed Mr. Braithwaites CHS medical records and medical records prior to his incarceration with MCSO. Dr. Mikhaels entire practice is devoted to the treatment of multiple myeloma, and after review of Mr. Braithwaites medical records, he asserted that Mr. Braithwaite needed to be seen as soon as possible: upon a cursory review of his [Mr. Braithwaites] file, I am very concerned about the state of his disease and would suggest that we arrangelaboratory investigation and a bone marrow test as soon as possible. (Emphasis added.) 30. Despite being provided the urgent request from Dr. Mikhael of the Mayo Clinic
on October 6, 2011, counsel for CHS insisted in a state court filing made October 7, 2011, that CHSs decision to move Mr. Braithwaite from the 4th Avenue Jail to the Lower Buckeye Jail infirmary on October 6th, 2011, was not due to deterioration in Mr. Braithwaites condition since having been incarcerated as a pre-trial detainee, but rather that the move was needed so
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as to be able to frequently update the state court regarding his multiple myeloma care. 31. On October 14, 2011, CHS finally relented under the threat of the present
lawsuit to allow Mr. Braithwaite to be seen by the Mayo clinic. It is believed that on todays date, Maricopa County Superior Court Judge the Hon. Joseph Welty signed an Order instructing that Plaintiff be transported to the Mayo Clinic for urgent and necessary treatment by a multiple myeloma doctor. 32. For at least the dates of June 23, 2011, until October 14, 2011, Defendants
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 acted with deliberate indifference by not having Plaintiff seen by an appropriate medical doctor that could treat Plaintiff to a basic standard of care. 33. As a direct and proximate result of Defendants' deliberate indifference and
wrongful conduct as alleged herein, in not providing a multiple myeloma doctor for Mr. Braithwaites care for the period of June 23, 2011 until at least the filing of this lawsuit, Warren Braithwaite's constitutional rights have been violated and he has suffered harm and has been injured. 34. Plaintiff has lost significant weight, and now needs a wheelchair to move. Prior to
being incarcerated, Mr. Braithwaite was fully self-mobile without the aid of any handicap devices, i.e., a wheelchair. 35. Plaintiff was not given any pain medications for his suffering for the time period of
June 23, 2011 until October 14, 2011. 36. Plaintiff, while in the custody and care of MCSO and CHS, was allowed to develop
cryoglobulemia, and was not treated for same. 37. Plaintiff, while in the custody and care of MCSO and CHS, was allegedly diagnosed by
CHS/MMC as having hemorrhoids and a urinary tract infection, and yet was not treated for same. 38. Plaintiff, while in the custody and care of MCSO and CHS, was denied timely life-
saving medication in the form of the chemotherapy Revlimid, as outlined above. 39. All preceding paragraphs are incorporated herein by reference, and all prior allegations
are asserted under the light that Defendants, acting under color of state law, were and continue to be 7
Case 2:11-cv-02032-JAT--LO Document 1-1 Filed 10/18/11 Page 1 of 57
Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
FRED GRAVES, ET AL.,
Plaintiffs,
- vs -
No. CV77-0479-PHX-NVW
JOSEPH ARPAIO, ET AL.,
Defendants.
-------------------------------------X
DEPOSITION OF WARREN BRAITHWAITE Phoenix, Arizona September 27, 2011
Reported by Nicole Sesta, RPR Certified Reporter No. 50854
Graves
v. Arpaio
Warren Braitthwaite Page 2
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A P P E A R A N C E S:
For the Plaintiffs:
Brandon Hale, Esq. OSBORN MALEDON, PA 2929 North Central Avenue Suite 2100 Phoenix, Arizona 85012
For the Defendants:
Emily Klein Alice, Esq. IAFRATE & ASSOCIATES 649 North Second Avenue Phoenix, Arizona 85003
For Mr. Braithwaite:
Jay Beckstead, Esq.
BUESING, HERNACKI & BECKSTEAD, PLLC 111 West Monroe Street Suite 320 Phoenix, Arizona 85003
BAMFORD REPORTING SERVICE 602-265-5974
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v. Arpaio
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BAMFORD REPORTING SERVICE 602-265-5974 None marked E X H I B I T S Witness Examination by Ms. Alice Mr. Beckstead Page 4 49 I N D E X
Warren Braithwaite
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v. Arpaio
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 25 matter. BAMFORD REPORTING SERVICE 602-265-5974 WARREN BRAITHWAITE, having been duly sworn to tell the truth, the whole truth, and nothing but the truth, was examined and testifies as follows: EXAMINATION BY. MS. ALICE: Q. A. Q. A. Q. Can you state your full name for the record? Warren Braithwaite. Is it okay if I call you Warren? Yes. Who are you guys? I will be taking your THE DEPOSITION OF WARREN BRAITHWAITE was taken on September 27, 2011, commencing at 10:07 a.m. at the FOURTH AVENUE JAIL, 201 S. Fourth Avenue, Phoenix, Arizona, before NICOLE SESTA, a Certified Reporter in the State of Arizona.
My name is Emily Alice.
deposition.
I'm from Iafrate & Associates. MR. HALE: I'm Brandon Hale from Osborn Maledon. This involves jail conditions?
MR. BECKSTEAD: MS. ALICE:
Yes, it does. The civil matter.
And I represent the jail in this
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v. Arpaio
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 25 Q. A. Q. A. day. Q.
MR. HALE:
And we're representing the inmates.
I'm going to put forth some ground rules just so
we can make sure that the transcript is as clean as possible. today. I'm going to be asking you some questions
Please let me finish the question before you
answer and I'll do the same for you so we can make sure we have a clean transcript. A. Q. Okay. Unlike normal conversations where we say uh-huh
and shake our heads we can't get that down on the transcript. So if you could answer with a yes or no If you answer my question I'm
that would be great.
going to assume that you understood it. If for any reason you don't understand my question ask me to rephrase it. I won't think that's rude. If
at any time you need a break today please let me know. All I ask is that if there's a question pending on the table you answer my question first. Are you on any medications today? I took medicines this morning which I take every That's Revlimid. MR. BECKSTEAD: Anything else? No, ma'am. Does that medication alter your mental state BAMFORD REPORTING SERVICE 602-265-5974 Chemotherapy.
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whatsoever? A. Q. No. Does it alter your ability to give me your
truthful and honest testimony today? A. Q. A. Q. No, ma'am. What is your date of birth? 9-9-72. Other than this facility what is your primary
place of residence? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. 5134 Don Pio Drive, Woodland Hills, California. Are you not a resident of Arizona? No. Are you married? Yes. Do you have any children? Yes. How many? I have a boy and a 22 year old stepdaughter. Can you give me a snapshot of your education? I did two years of BMCC College in New York. Did you graduate high school? Yes, ma'am. Where? Brooklyn, New York. What year? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A. Q. A. Q. A. Q.
1991. And then you did two years at BMCC? Yes. Did you graduate? No. When you were at BMCC what did you study? Computer programming, Pascal. Prior to being incarcerated where were you
employed? A. I have my own construction business. So I was
employed with myself with over 30 employees, Barrett Fleming Construction Group. Q. A. Q. Is that in California? Yes. Other than for the reason you're incarcerated
today have you had any criminal convictions? A. Q. Yes. Can you spell them out for me? MR. BECKSTEAD: that. MS. ALICE: I need to be able to know his other He's not going to talk about
criminal convictions so that I can impeach him if I need to with his veracity. MR. BECKSTEAD: He's facing criminal charges.
He's not going to talk about his criminal prior history. BAMFORD REPORTING SERVICE 602-265-5974
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Q.
So you refuse to answer? MR. BECKSTEAD: I'm telling him not to answer.
A. Q.
My lawyer answered you. Can you tell me the charges that you're here in
Fourth Avenue for? MR. BECKSTEAD: A. Q. A. Yes.
Conspiracy with marijuana. Any other charges? What do you mean? I don't understand the
question. Q. Is it just conspiracy with marijuana or are there
any other pending criminal charges against you? MR. BECKSTEAD: five felony counts. MS. ALICE: A. Q. A. I need him to answer, please. It's a single case. He's facing
That's why I asked my lawyer to be here. I understand but it's your deposition. It's one single case. MR. BECKSTEAD: THE WITNESS: MR. BECKSTEAD: THE WITNESS: And five felony counts, correct? Yes. Involving the same matter? Yes.
Q. A. Q.
When were you booked into Maricopa County jail? 6-23. Of this year? BAMFORD REPORTING SERVICE 602-265-5974
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v. Arpaio
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A. Q.
Yes. Were you booked directly into this Fourth Avenue
jail? A. Q. A. Q. No. Where were you booked? Actually, yes, I was booked here in intake. Without giving me the details of your criminal
charges have you taken a plea, have you been sentenced, are you still a pretrial detainee? A. Q. A. Q. A. Q. Yes, still a pretrial detainee. Has trial been scheduled? No. Have you filed a plea? No. Do you know the title of your next court
appearance, is it a preliminary hearing? A. No, I don't know. MR. BECKSTEAD: October the 11th. MS. ALICE: Q. Okay, thank you. It's a status conference on
So you've been in the Fourth Avenue jail since
June 23, 2011? A. I came in on the 23rd and they took me to LBJ and
then brought me back here the next day on the 24th. Q. LBJ being Lower Buckeye jail? BAMFORD REPORTING SERVICE 602-265-5974
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v. Arpaio
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A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.
Yes. What were the dates that you were there? Just like an hour and then they brought me back. What is your current classification? As far as what? Security, are you medium, maximum, do you know? Medium. Are you housed in a dorm or a cell here? I'm in level 3F-100 cell 27. Level 3F-100? Cell 27. So you're in an actual cell, correct? MR. BECKSTEAD: I don't think he knows the
difference between dorms and cells. A. Q. You need to explain. Are there other inmates in your immediate housing
space? A. Q. A. Yes. How many? We have 36 cells, a total of 72 inmates. MR. BECKSTEAD: In the pod but it's not
dormitory style where it's row after row of racks. People are in individual cells? THE WITNESS: Q. Yes.
How many inmates share your individual cell, is it BAMFORD REPORTING SERVICE 602-265-5974
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one other? A. Q. A. One other. What is that inmate's name, if you know? I don't wish to give his name. MR. BECKSTEAD: It would be okay. If you know
his name it wouldn't harm. Q. I can look it up in the system. So if you could
give me his name that would be great. A. Q. A. Q. I don't prefer to do that. So you refuse to answer? I don't know his name. Is that the first cell that you were placed in
when you came to Fourth Avenue? A. Q. A. Q. Yes. You haven't been transferred to any other cell? No. Other than the hour that you were at LBJ have you
been in any other facility other than Fourth Avenue? A. Q. A. Q. A. Q. A. No. When you were at LBJ were you placed in a cell? They put me in a holding cell first. Were there any other inmates in there? Yes. How many? Like a smaller room than this, like over 12 of us. BAMFORD REPORTING SERVICE 602-265-5974
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We was touching each other like standing up and there was no where to sit. Q. A. Did you count the number of inmates? Yes, because I was like man, they have like 21 one
of us in here. Q. How many hours a day are you currently confined to
your cell? A. We only out eight hours. All the rest are lock
down. Q. A. When you're out of your cell where are you? Down by the tables by the yard, sometimes in my
cell, sometimes outside. Q. When your cell doors are open you're able to go in
and out to this room that you're describing, correct? A. Q. A. Q. Yes. Are you upstairs in the pod? Yes. Would you consider this room where there's tables Do you know what I mean by that?
a day room? A. No.
MR. HALE: talking. Q. A. Q.
Not this room, the room you're
The room with the tables. Yes, it's a day room. How often are you given access to the day room? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q.
Only when we're out for eight hours. And you previously testified that you can go in
and out from your cell to that day room? A. Q. Yes, unless they say lock back down. I'm going to switch gears a little bit to food.
You're served meals here at Fourth Avenue, correct? A. Q. A. Q. Yes. How often are meals served? Twice a day. Can you give me an approximation regarding the
time that those meals are served? A. 6:30 in the morning you get a small peanut butter
like this, a small bread about this, two. Q. I'm going to ask you to describe it in words, if Can you describe the peanut butter?
you can. A. Q.
The peanut butter is in a small container. How many tablespoons do you think you can get out
of there? A. Q. A. Q. A. I would say like five at the most tablespoon. And then you said there was bread? Two small breads. Loaves or an individual piece of bread? Two loaves I would say like two to three inches,
and two milks, two quart milks, and an orange. Q. Is there a cookie? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A.
Yes, sorry, a cookie. Are you on any kind of special diet? No. MR. BECKSTEAD: question? Do you want to re-answer that
Aren't you on a special diet due to your
health condition? THE WITNESS: They don't give me a special diet.
They just give me peanut butter. MR. BECKSTEAD: THE WITNESS: it to me. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. My question is are you on a special diet now? No. So food in the morning is passed out around 6:30? Yes. How is the food passed out? They open your cell and tell you to come down. They being the officers? Yes. And do they announce it on a loud speaker? Yes. Do you go stand in line? Yes. Do you have to stand in line numerically by cell But you require a special diet? I require it but they don't give
number or anything like that? BAMFORD REPORTING SERVICE 602-265-5974
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A.
First, no, they just started like a week ago.
I've been here going on four months. Q. A. Q. A. Q. A. Q. What happens if you don't stand in the line? You don't get your chow. Does somebody come to your cell? No. The morning meal is served in a sack, correct? Yes. Have you had any problems with the food served in
the sack? A. Q. A. Yes. What? It's the same thing every day. Me, I have
multiple myeloma.
It's what your body make protein
all the time and they give me peanut butter every single day. So we're dealing with another problem So eating peanut butter
that my lawyer is aware of.
every day, when I urinate in the bathroom my foam is just coming up and that's a sign of protein. health has deteriorated since I've been here. MR. BECKSTEAD: What he's describing, multiple My
myeloma, is a cancer of the plasma of his blood. MS. ALICE: stop interjecting. Again, I'm going to ask that you This is my deposition. I can end it right now.
MR. BECKSTEAD:
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v. Arpaio
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 25 A. Q.
MS. ALICE:
I'm not asking him in bad faith and
I'm not asking him any questions that I'm not allowed to ask him. If you need to take a break I'm happy to give I need his testimony on the record. Which it is.
you that break.
Thank you.
Other than the problems you had with the food
regarding your health what else have you had problems with? MR. HALE: My cancer. Objection to the form. Go ahead.
Also, I'm having shooting pain in my
stomach.
I'm passing blood because the jail is not It costs I'm supposed
providing my medication every 21 days. $9,000 every 21 days for my medication.
to be off one week and last week, which I kept a record in my cell of everything, I should be started back on the 11th. I didn't get my meds until the That's 13 days off.
following Saturday and I started.
I went to Dr. Freeman and told him I'm having sharp pains, shooting pains. From zero to ten it's a ten
and it's all over my body. Q. I understand your medical issues. That wasn't my
question. the food. A.
I want to know issues directly related to
I'm giving you the issue what the food is causing BAMFORD REPORTING SERVICE 602-265-5974
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because of my multiple myeloma bone cancer because of the protein they are giving me every day. I'm
answering your question and giving you the effect of it. Q. How do you know that the food is causing those
conditions? A. I've been dealing with multiple myeloma for six It's a protein where your body never stop
years.
making protein and all I get is peanut butter and bread. Q. A. Have you asked for a special diet? Yes. I explained to Dr. Freeman and he been She told him how
talking to my doctor in California. to treat me.
He said Warren, I'm not a multiple So I have to get guidance from Dr.
myeloma doctor. Mosbacher. Q. A.
Have you formally requested a special diet? Dr. Freeman talked to Dr. Mosbacher and nothing
happened. Q. A. Have you filed a grievance regarding this? Several grievances, which my lawyer have all the
copies and everybody has copies. Q. What was the result of the grievance regarding the
food issue? A. Oh, I filed a grievance in reference to what's BAMFORD REPORTING SERVICE 602-265-5974
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going on with my health and the food. an actual grievance about the food. Q.
I didn't file
Any other issues other than what you've discussed
with your medical regarding the food in the morning meal? MR. HALE: A. Q. Objection to the form. Go ahead.
Can you repeat the question? Any other problems that you have with the morning
meal other than what you've previously testified to? A. Q. A. It doesn't make you full and you're hungry. What was in your sack this morning? One orange, one peanut butter, two loaves of
bread, and one cookie. Q. A. Q. A. Of that food what did you eat? I didn't eat any of it. Why not? Again, because of my -- I cannot intake protein.
So I had milk with a cereal bar that I ordered from the store. Q. A. Q. A. What about the orange? I didn't eat the orange? Why not? Because the orange provide a lot of acid in my So I didn't eat the orange. It's still in my
system. bag.
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Q. A.
What time is your evening meal passed out? Before it was at 7:00 and now they start like But the 4:30, 5:00 is just going like two
4:30, 5:00. weeks.
All the rest of the time it was 7:00 and
sometimes later than 7:00. Q. A. Are you able to see a clock from your cell? No, but when they call for chow when I come down I
see the clock on the monitoring booth in military time. 1:00. Q. When you come down to the chow line you see a If it says 13:00 you subtract two and it's
clock? A. Q. Everybody has to pass the clock. Is food passed out in the same manner as the
morning meal? A. Q. A. Q. A. Q. A. Q. Yes. So you stand in line for chow? Yes. And given a tray for your dinner meal? Yes. Is chow announced on the loud speaker? Yes. What happens if you don't get in line for chow for
dinner? A. You don't get it. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A. Q. A.
Does someone come to your cell? No. What is provided in your evening meal? I don't know, just like slop. I don't know what's The mashed
in it.
It looks like soup every day.
potatoes look like it's fake mashed potatoes. Q. A. What else? The broccoli sometimes is supposed to be green and All the vitamins and everything is out of
it's white.
it and one loaf of round bread. Q. A. Q. A. Anything else? That's it. No fruit? Sometimes you have fruit and sometimes you don't.
When you tell them where is the fruit they say hey. They're just rude and I'm just like whatever. Q. Of those items that you just set forth for me do
you eat all of them? A. I try to eat the vegetables. I try to but I don't
eat the mashed potatoes because again, it's in reference to my health. Sometimes I eat the slop and It don't have any flavor.
I'll add some flavor to it. Q.
On an average day what percentage of that food do
you eat? A. On an average day everything I just described to BAMFORD REPORTING SERVICE 602-265-5974
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you. Q. So that would be 50 percent of the tray, 40
percent of the tray? A. I would say it would be 95 because I don't take
the mashed potato. Q. A. Q. Do you get any beverage for dinner? No. Same question that I asked you regarding your
morning meal, have you had any problems with your dinner tray? MR. HALE: Q. A. You can answer. The only problem because I know like I should have The greens and stuff Objection to the form.
like a certain specific diet.
they give you is overcooked and it doesn't fill you up and the mashed potatoes is not real mashed potatoes. Q. A. You said that the greens are overcooked, correct? All the time. Sometimes you get beans and the
beans is green when you start cooking but when they finish it's like white, yellow. Q. A. Have you ever asked for a replacement meal? They yell at you and say no, that's it, go back to
your cell. Q. A. Have you ever asked? Yes. BAMFORD REPORTING SERVICE 602-265-5974
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Q.
When you asked where were you, in the chow line or
your cell? A. Q. Chow line. That's when you have to ask.
How many occasions have you asked for a
replacement meal? A. Q. Four times. How many times were you given that out of the four
times? A. Q. Zero. On all four times was it because of the overcooked
vegetables? A. Overcooked or sometimes I guess who put it on the
tray it's like it has a little bit and it look like a spill. like no. Q. A. Q. A. Any other problems with the dinner meal? That's it. Did you eat everything on your tray last night? Last night I had -- they had grapes, not grapes I had that and I had the spinach. I I say can I get a different tray and they're
but peach fruit.
added cheese to it that I buy from the commissary and I had a little bit of the chow stuff in there. I
didn't eat a lot of it because it has beans, a lot of beans, and eating too much protein is bad for me. didn't touch -- I never eat the mashed potatoes BAMFORD REPORTING SERVICE 602-265-5974 I
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because again, the same problem with taking it and I know it's not real mashed potatoes. Q. Out of curiosity how do you know it's not real
mashed potatoes? A. Because it's the mashed potatoes that you -- it's It's
not the one that you get from the ground up. processed mashed potato. and the stuff they put in.
You can see where the water Sometimes the water is
still in there and it's not even mixed in. Q. A. Q. A. Q. A. That means to you it's processed? Yes. And it's not real mashed potatoes? Yes. You said chow stuff, what do you mean by that? The beans they give you with like it looks like
soup every day. Q. A. Q. Is that the slop you referred to? Yes. Apart from your medical issues have you ever filed
a grievance just relating to the food? A. Q. A. Q. A. No. Do you purchase food from the commissary? Every week. Explain the food items to me. I get cereal bars, cheese, chicken in the pouch. BAMFORD REPORTING SERVICE 602-265-5974
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I get tuna, corn, ranch, cookies, cranberry juice, water, sodas, also chips and, et cetera. Q. A. Q. A. Q. A. You said every week you purchase food? Yes. To maintain in here I have to.
How much do you spend on each order? Every week 125 the max. Is that just for food or hygiene as well? That's just for food. So far I've been here I've
ordered soap four times and deodorant twice and toothpaste three times and powder once. Q. Is cheese not a protein that affects your medical
condition? A. No, only when I lost my kidney I couldn't take So I'm familiar with all my health stuff.
cheese. Q. A. Q.
You're able to eat cheese now? Yes. You talked about chicken pouch. What is a chicken
pouch? A. They sell this pouch in the commissary with
chicken inside. Q. That chicken protein doesn't bother your medical
condition? A. Q. A. No. How about tuna? I eat tuna like every other week. If I eat any
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this week I would eat it twice a week. Q. That protein doesn't bother your medical
condition? A. No, because my doctor told me I need to eat She have me eating certain steaks. I try to
protein.
follow the same diet that she provide for me when I was out. Q. A. What does that diet consist of? Greens, broccoli, spinach, twice a week yams and
if I have steak this week she would tell me stay off of it a month again and fish. I was monitored by her
every month twice a month because sometimes my plasma cell goes down and my blood counts. Q. A. Q. So no chicken in that diet? Yes, chicken breast and stuff like that. Have you kept a food journal while you were here
at Fourth Avenue? A. No, my journal is in my head. I'm dealing with
this for six years. Q. Have you kept any notes or a log regarding the
food that you've been served here at Fourth Avenue? A. Q. A. Q. I kept a log, yes, I did. Do you currently have that log? I sent it out. Who did you send it out to? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A. Q.
To Osborn. Osborn Maledon? Yes. Other than writing down issues regarding your food
what else did you put in that log? MR. HALE: We're taking the position that the I'm
actual things he wrote is attorney-client privilege. going to instruct you not to say what specifically you wrote.
You can talk about broad categories and that type
of information. A. Q. A. Q. A. Q. A. Q. Like what, like the condition here? Did you discuss food in that log? Yes. Did you discuss recreation in that log? Yes. Did you discuss cleaning supplies in that log? Yes. Any other broad category that you can think of in
that log? A. I discuss the condition in the jail. We have no
cleaning supplies in our cell.
The filter since I've
been here, especially for my health, never been changed. Q. A. We'll get into all of that. I'm giving you the broad things. Also, when I go
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to court, Madison, over 60 people in there. no where to sit, sit on the floor.
There's
My health -- you
may get tired of hearing about it -- but if you research multiple myeloma you see the facility I'm going through the court the bathroom is filthy. You
have to take like a bunch of toilet paper if you have to use it and roll it up. sit down. It's smelling bad. I can't
When I slide on the floor I slide down like
that because we're touching each other. Q. When did you provide that log or journal to Osborn
Maledon? A. Q. A. Q. A. Sometime in August. How long did you keep that log or journal? From the time I got here. So that would have been two weeks, three weeks? I've been here for three months, from the time I
got here on June 23rd. Q. A. Q. A. Q. And you provided it to them? Yes. In August sometime? Yes, the end of August. I'm going to switch gears to recreation. Are you
offered recreation here at Fourth Avenue? A. Recently they just started offering it like every
day with a log sheet. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
What does that mean? Before you go into the rec they ask you your name Before they were
and stuff and let you into the rec.
offered sometimes and the next time they won't. Q. day? A. Q. I would say more than two weeks, like three weeks. Before that time how often were you offered So in the past two weeks they've offered it every
recreation? A. They would say rec sometimes. Sometimes they
don't say rec. Q. A. How many days a week? Not every day, probably like sometimes five days, Now it's every day.
sometimes four to tive. Q.
Do you know what the difference is between
recreation and hour out? A. Q. A. Yes. What is the difference? Recreation is you go outside and work out in that
area they have for rec, and hour out you just outside for an hour in the tables area. Q. In the area that we discussed previously as the
day room? A. Q. Yes. How long are you allowed to be out in the BAMFORD REPORTING SERVICE 602-265-5974
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recreation yard? A. One time when I went out they called us back in To give you an idea how I know the
for half an hour.
time without even looking at the clock, they walk every 20 minutes. So if they do two walks that's 40
minutes and if they come back and then before 40 minutes up they would open up the door and say tell you to come back in. pass the clock. Q. Other than that one occasion where you were To get up to my cell I have to
brought in at 30 minutes, how long are you usually left in the recreational yard? MR. HALE: A. Object to the form. Go ahead.
The past three weeks they still leaving you for
like close to an hour. Q. Before the past three weeks how long were you out
there? A. Q. A. Q. A. Q. A. Half an hour, 40 minutes. How is the announcement made for recreation? Over the speaker. A loud speaker? Yes. Is recreation offered the same time every day? As soon as your cell open up they started doing When
that now, but before it wasn't the same time. BAMFORD REPORTING SERVICE 602-265-5974
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you out they would say rec and they open the door. But now they offer it as soon as you open up the door they tell you rec and then I see they have a log sheet now. Q. So that doesn't quite answer my question. Let me
clarify.
Do they offer recreational yard the same
time every day, so today they offer it at 4:00 and tomorrow they're going to offer it at 4:00 or is it different times of the day they offer it? A. They offer it depends how you come out. If you
come out in the morning they offer it in the morning. If you come out at night they offer it at night. Q. So it depends when your cells are open and you're
in the day room? A. Q. A. Yes. And to when they will offer you recreation? Yes, but that just changed three weeks ago.
Before if you out in the morning they would let you out and then it's not a set time. They just open the
thing and say rec over the loud speaker. Q. When the rec doors are open are you allowed to
come and go into rec as you please? A. Q. No. So if you decide to go out into the yard you need
to stay there until they bring you back in, correct? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A. Q. A. Q.
Yes. Can you take water out with you? Yes. Can you refill the water outside? No, there's no fountain outside. How large is the water that you're able to take
out with you? A. The bottle whatever you order off of commissary That's like a soda
and you keep it to refill it. bottle. Q. A.
What do you do when you go out to recreation? I take my water out and I just take my water out
with me. Q. A. Q. A. Q. A. Q. A. Do you sit there, do you walk around? I walk around. That's all, you just walk around? Yes. Have you ever declined to go out to recreation? Yes. How often? A few times I won't go. They don't ask you Now if you
individually.
If you go out, you go out.
go out they keep a record of who went out. Q. Have you ever been refused the opportunity to go
to recreation? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q.
No. Have you filed any grievances regarding
recreation? A. Q. No. But you testified previously that you have filed
grievances before, correct? A. Q. Yes. When you first arrived to Fourth Avenue you said
that you were taken to what cell? A. Q. A. Q. A. Q. A. 3F-127. That's the cell you're currently in, correct? Yes. Was your cell clean when you first arrived? No. What was wrong with your cell? It was that pink stuff that come all through, it The toilet had some green stuff inside I took plastic and put it over my I sweep out the cell.
was all over. at the bottom.
hands and I cleaned it myself.
They have the record that my blood count is dropping. Dr. Freeman said we may have to take you to infirmary because I said my cell is filthy. They move my celly
and I clean the cell from top to bottom to the walls. Then they check my blood count every day and it started going back up. BAMFORD REPORTING SERVICE 602-265-5974
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Q.
You said pink stuff, what pink stuff are you
referring to? A. The air filter because it's not being changed. It
just keeps circulating the same air and it's like a pink thing all over the jail in the cell. right now. It's there
You have to sweep your cell every day.
The air conditioner pulls it and it just circulates. Q. What do you think the pink stuff is made out of? MR. HALE: A. Objection. Foundation.
I think it's because stuff is not being changed.
If the air is circulating you're not changing the filter and it's going to keep blowing around. That's
from my experience from being in construction too. Q. From your experience being in construction would
you be able to identify what the pink material is made out of? A. No, I won't be able to tell what it's made of but
I can tell why it's coming from the air conditioning vent, from the filters not being changed. Q. You said green stuff in the toilet. Was the green
stuff cleaning solution? A. Q. A. No, like mold and stuff like that. Mold in the toilet? Like green -- like when you're not cleaning your
toilet, the toilet is not being clean, eventually it's BAMFORD REPORTING SERVICE 602-265-5974
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going to build up green moss in the bottom of the toilet. Q. Were you provided cleaning supplies to clean your
cell that day? A. You have to ask. If in the morning you don't get
it that's it and you have to wait until the afternoon. If you're not out in the afternoon you won't get it until the next day. You squeeze some in your thing
and they tell you you're not allowed to have any extra. You don't have no brush to clean the toilet. You have to put -- from the
You don't have anything.
chow bag you have to take your chow out when you're finished with it and put the plastic over, hold like that, and scrub it with one of those towels they give. Q. That wasn't my question. Were you provided
cleaning supplies on the day when you first got into your cell? A. Q. No. You mentioned that the cleaning supplies are out Where are they
but you have to get to them first. stored? A. Q. A.
I mentioned first the cops bring it out. Cops? The detention officer, he brings it out and put it
by the stairs and leave it there. BAMFORD REPORTING SERVICE 602-265-5974
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Q.
How many cleaning supplies are available to you by
the stairs? A. Q. Two bottles for 72 inmates. Only two bottles of cleaning supplies are
available to you? A. Yes, one disinfectant, one Windex, and some type
of smelling solution. Q. A. Q. A. Q. A. A mop isn't available to you? The mop is in the bucket downstairs. Downstairs in your pod? Yes. Is it available to you? Sometimes it's there. Sometimes it's not there.
I don't know where it is. Q. A. When you say sometimes, is it there daily? It's not there daily, no. So I don't know where
it is. Q. A. Q. A. Q. Are there brooms available to you? Yes, one broom. Is there a dust pan available to you? Yes. You mentioned earlier that you cleaned your cell.
Other than the plastic bags that you referred to what did you use to clean your cell? A. Other than that? BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
Yes. That's just to clean the toilet. You asked me
about the toilet. Q. A. Q. A. Q.
That's what I answered.
Did you use any other supplies to clean your cell? As far as like the broom? Any other supplies? The broom is not a supply. When I'm referring to supplies I'm referring to a
broom, a mop, a rag, any sort of solution. A. Q. A. Q. A. Q. I use one of the towels and the broom. To clean yourself? Yes. Are you responsible for cleaning your cell? Yes. Do you have a cellmate? You previously testified
you do. A. Q. Yes. Is that person responsible for cleaning the cell
as well? A. Q. A. Yes. Do you guys take turns cleaning the cell? Yes, but I do it all the time because my health is So I tell him I'll take care of it.
more important. Q. A.
How long does it take you to clean your cell? Probably like half an hour. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
How often do you clean your cell? I mop it out every Sunday and I sweep my cell
every day. Q. A. Q. day? A. No, I pour some out into my soda bottle and keep How often do you disinfect your cell? Every day. So cleaning supplies are available for you every
it in the cell. Q. So cleaning supplies are not available to you
every day? A. Q. A. No. Have you asked for cleaning supplies? If I'm out I ask and if I'm not out, if you ask
they wouldn't bring it to you. Q. When you're out, you mean when you're in the day
room? A. Q. Yes. When you're out in the day room and you ask for
cleaning supplies do they bring them to you? A. Depends on the detainee officer. Sometimes no and
sometimes yes. Q. Have there been occasions where you've asked for
cleaning supplies when you were out in the day room and they weren't provided to you? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q.
Yes. Did the officer tell you why they weren't being
provided to you? A. Q. A. Q. A. Q. A. Q. A. He just said next walk and never came. Did you ask again? Yes. What happened? Next walk. Have you ever received a green towel? Yes. When? Every Monday. That's the towel they say that's The green towel is to take a shower.
your bath towel. Q. A.
You don't use the green towel for cleaning? No, I take one of my other towels and use it to
clean. Q. A. But you have a towel to clean? No, I use one of the hand towels they give you to They give you three. I take one of
dry your skin.
those and I use it to clean, to mop the floor, and stuff like that. Q. So they give you three towels. Does that include
the green towel or not including the green towel? A. Q. Not including the green towel. So you have four towels total? BAMFORD REPORTING SERVICE 602-265-5974
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A.
One hand towel and -- I'm sorry.
One bath towel
that you wash, soap your skin up with, and three hand towels. Q. When you're done with cleaning supplies in your
cell do you walk them back to where you found them? A. The cleaning supplies that I just told you I pour That's in my cell. So I don't
some into a container. need to walk it back.
I mix it with shampoo that I
bought from the store and disinfectant. Q. So you take the bottle that you previously
discussed and you pour that entire thing into your shampoo bottle? A. Q. A. No, no. So there's some left over in that bottle? It's a soda bottle. You can't fill the whole
thing up.
Most of the time you take a little
disinfectant, pour it in, put it in there, and I put some in my shampoo bottle. Q. So there's cleaning supplies left in the original
cleaning supply bottle? A. Q. Yes. Do you walk that bottle back to where you found
the cleaning supplies? A. Q. Yes. Do officers ever come to your cell asking for BAMFORD REPORTING SERVICE 602-265-5974
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those cleaning supplies? A. Q. No. Have you ever taken all the cleaning supplies when
you poured it into your shampoo bottle? A. No, by the time you get to it there's a little bit
in there. Q. A. Q. So you've never taken the remainder? No. Do you know if you're allowed to pour cleaning
supplies into your shampoo bottle? A. Q. A. Yes. Who told you that? A few detainees saw me when I poured it in there.
They never said anything to me. Q. A. Q. The detainees never said anything to you? The officer, that detention officer. From that you inferred that you're permitted to do
that, correct? A. Q. Yes. Have you ever filed a grievance regarding the
cleaning supplies? A. Q. No. Have you ever filed a grievance regarding the
cleanliness of your cell? A. No. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
Have you ever cleaned your mattress? I actually talked to Lucky and he switched my
mattress out after I showed him it was so filthy. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. So have you ever cleaned your mattress? Yes. How often? Every week. How do you clean it? I wipe it down with soap and water. You said Lucky switched your mattress out? Yes. Who is Lucky? He's a detention officer. When did he switch your mattress out? I don't recall the day. Last month? I don't recall. Is your new mattress fine? MR. HALE: A. Q. A. Yes, it's okay. Why did you have to switch your mattress out? It was all dirty, cut up, and you could see the Object to the form.
sponge coming out of it. Q. A. Have you ever been to Madison? Yes. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
How many times? On the 29th, the 10th. The 29th of June, the 10th
of July, the 17th, the 19th. Q. A. The 17th and 19th of July or August or September. Sorry, the 29th of June, the 10th of July, the
17th of July, the 19th of July, and another day in July. I can't think but I have it all marked down and I'm about to go back on October
the 2nd of September. 11th.
MR. BECKSTEAD: Q. A. Q.
Maybe sooner.
So that's five total times that you can remember? Yes. And you're going to go in October if not sooner? MR. HALE: I counted six because there was one
day in July he couldn't recall. A. Q. I can't recall but I have it marked. The last time that you were there was September
2nd, correct? A. Q. Yes. What time of the day were you pulled out of here
to go? A. They wake you up at 3:00, brought me outside at
4:00, and I stayed like 30 of us right out there in that standing thing. Q. In the hallway you're referring to? BAMFORD REPORTING SERVICE 602-265-5974
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A.
The holding pen right here, those two holding They put like 30 of us in there. Everybody
pens.
that goes to court goes in there like sardines. Q. A. So you think it was around 4:00? No, I know it's 4:00. You pass the clock. I be
like wow, it's 4:00 and my court is at 11:00. Q. What time do you think you arrive at Madison, if
you know? A. Then at 5:00 they walk you down. When you get
through the tunnel there's a big clock right there. It's around like 5:00 and they give you your chow and sat you down in the thing. Q. A. Q. A. So you think around 5:00 you get to Madison? Yes, 5:00, 5:50, 5:30 sometimes. You said they give you your chow? As soon as you get through the last tunnel into
Madison. Q. A. They give you your morning breakfast? Yes, as you come out they hand you a sack right
there. Q. Is it the same sack you're given here at the
Fourth Avenue jail? A. The only difference is they give you juice instead
of milk. Q. Did you drink the juice? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A. Q.
Yes. Do you usually drink the milk? Sometimes. Where were you placed in Madison on the last
occasion? A. On the last occasion they put me in cell six. Then they brought me
Then they move me to cell seven. around to cell three. Q.
This may be a stupid question, but how did you
know the cell numbers? A. Q. A. Q. A. Q. A. Q. A. Q. It's on the door. Were there toilets in those cells? Yes. In all three? Yes. Were there sinks in all three of those cells? Yes. Do you know why you were moved from cell to cell? No. How many inmates were in cell six was the first
one you said? A. Q. A. Q. Yes. How many inmates were in cell six with you? It was 32. I counted.
How many times did you count? BAMFORD REPORTING SERVICE 602-265-5974
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A.
I count every time.
Every time I sit there I
count.
As they leave I count back again so I know how
many left. Q. A. Q. A. So the maximum amount was 32? Yes. How many times did you count 32 people? Several times. Some people are standing because
there's no where to sit and you're stepping over people. Q. A. Q. A. Q. A. Q. A. Q. A. How many inmates were in cell seven? It was 20 of us. Same question, did you count? Yes. How many times did you count 20? A few times. Cell three was your last cell, correct? Yes. How many inmates were in there? I counted as soon as I walked in it was -- oh, on
the second was 52 people in there, 52. Q. A. On the second? Yes, the second. MR. HALE: Q. A. September 2nd.
So 52 people in cell three? Yes. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A. Q.
How many times did you count? That time I counted like three times. When you were in those cells would inmates lay
down? A. Q. A. Q. A. Yes. Would inmates sit down? Yes. Would inmates stand? You had to stand because you have no where to sit
on the floor. Q. But you just told me some inmates laid down on the
floor. A. Some are laying on the floor so the rest have to
stand because there's no where else to lay on the floor or stand on the floor. Q. A. Q. A. Because inmates are lying down? Yes. Did you try to sit on the ground? I sat on the ground by the door with my legs
crammed to my chest. Q. Were you touching another inmate when you did
that? A. Yes, that's why I crammed my legs up. When I go
like that sitting I'm hitting the guy in front of me. Q. Were the cells clean? BAMFORD REPORTING SERVICE 602-265-5974
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A. Q. A.
To my standard, no. Tell me what was wrong with the cells. You could smell urine. It was filthy. The There
ceiling, they had like feces on the ceiling. was toilet paper all on the vent. all disgusting, the bathroom. working properly.
So the walls are
The toilet is not
When you hit the water, like I use
the bathroom, the urinal, and I hit the thing and water just gouged out. That was in cell seven and When you hit for water You can't
then in three, it's corroded.
the hole is like running over like that. drink. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A.
I'm not going to put my mouth on that.
How do you know it was feces on the ceiling? You could look at it and see. Could you tell by looking that it was feces? Yes. You said there was toilet paper in the wire? Toilet paper in the air conditioning vents. Was there toilet paper for use in the cell? Yes. Was there soap? No. Did you ask for soap? No. When you ask for stuff in here they ignore So they're like quiet and
you like it doesn't exist.
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walk past you. Q. A. Q.
If you lucky they answer you.
But you didn't ask for soap? No. Did you talk to anyone regarding what you
described as the filth in the holding cell? MR. HALE: A. Q. A. Q. Objection to the form.
Anyone as far as who? A detention officer. No. How many grievances do you think you filed being
at Fourth Avenue? A. Q. A. Q. A. Q. A. Two. Two grievances? Yes. Have you filed any grievances regarding Madison? No. What were those two grievances? My health and another detainee officer that left
me locked up when my attorney came to visit me and wouldn't let me out. bathroom. the button. Q. A. Q. One has to do with your legal visitation? Yes. You said a detainee officer. Did you mean a I had to go back into the I keep pressing
He wouldn't let me out.
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detention officer? A. Q. Yes. And then the other one has to do with your health
issues? A. Q. A. Q. Yes. What has been the result of those two grievances? So far just waiting. Has anyone met with you regarding those
grievances? A. The sergeant, I gave it to him and then he gave it He came back to me and He wasn't in the
back to the detention officer.
told me he didn't leave me in there. tour and I said yes, you were. Q. A. Q. A.
So you're familiar with the grievance process? As far as what? You know how to file a grievance? Yes. MS. ALICE: MR. HALE: I have no other questions. I don't have any questions.
EXAMINATION BY MR. BECKSTEAD: Q. A. Q. A. Do you want to talk about your health? Yes. What is multiple myeloma? Multiple myeloma is where my body is constantly BAMFORD REPORTING SERVICE 602-265-5974
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making protein and my blood count, if it's not monitored properly, I would have to get a blood transfusion, plasma transfusion. disease. Q. A. Q. Is it a cancer of the plasma of your blood? Yes. Have you had a bone marrow transfusion in the past It's a very serious
because of this? A. Q. A. Q. A. Q. Yes. Have you had kidney failure because of this? Oh, yes. Have you had dialysis? Yes. Is the correctional health services aware of your
condition? A. Q. A. Q. A. Yes. What have they done to treat it? Nothing. Are you passing blood? Yes. MS. ALICE: As long as we're clear, correctional
health services and everything having to do with his medical is not at issue at this evidentiary hearing. MR. HALE: in. As you know, I'm just here to fill
I don't know the scope of the evidentiary hearing. BAMFORD REPORTING SERVICE 602-265-5974
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MS. ALICE: are not an issue. MR. HALE:
Medical and correctional services
I have to take your word for it.
couldn't make any representation as to the scope. BY MR. BECKSTEAD: Q. How long has correctional health services been
aware of your problem? A. Q. A. Q. A. From the time I arrived here on June 23rd. Are you passing blood every day? Yes. How much? A lot and I've been getting lightheaded and
complain about my pain and I saw Dr. Freeman. Q. A. Who is Dr. Freeman? Dr. Freeman is one of the doctors that works here He pressed down on my stomach
at Fourth Avenue jail.
and he said hey man, you're a big guy, what a little pain would do. After I went back two days after I
thought I had to use the bathroom, like I have diarrhea and all blood came out. fill out another thing. Q. A. By another thing you mean a grievance? Another medical stuff and said I'm passing blood I'm still having pain, severe pain, in I fill that out on the 18th and then they I got scared and I
in my stool. my stomach.
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brought me down on the 20th and I saw another doctor. I walked in there and I asked him, "What is your name, sir?" He said, "Don't worry about my name." I said,
"Sir, what is your name?" He said, "126" in a very upsetting voice. He
asked me what is the problem and I said I'm having pain in my stomach. the pain. stool. He said from one to ten what is
I said a ten and I'm passing blood in my I told him I had multiple
He said okay.
myeloma and he said okay, there's two ways we can test you for the blood loss. two ways. He said the first way we take your blood and test your blood count or the second way is I can KY jelly and my finger and put it in your rectum and feel around and stuff. first way. I said sir, I prefer you to do the I asked him okay, what is the
He said get out and the detention officer, He
Officer Reed, he was there with the door closed. looked at me and I said sir, Dr. Mosbacher, my
multiple myeloma doctor in California has been dealing with my case for six years. her finger in the rectum. She never test me with She always take my blood They
and say okay, yes, you're losing a lot of blood.
walk me back at the time and I call you and I called my family. BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
By me you mean? I call my lawyer, Jay. I called my family and
they called the doctor and he said keep a record of everything. Nothing happened and I heard I was No one came
supposed to go to the hospital on Monday. and got me. Q. A. Last Monday?
This Monday, this past Monday, which is the 26th. I fill out another medical
No one came and got me.
stuff again yesterday saying second request, explaining what I just described of Dr. 126. Oh
sorry, I fill out a grievance and I explain everything that took place, put the detention officer's name there. A sergeant came by, met with me, and he said wow, this is unreal and fill it out. He said it would take
11 days though for them to get back to you and he said I recommend you fill out another second request about your health and see what happens again. I did that
and that's when I fill it out and I put second request because I'm still passing blood. Q. How much did you weigh when you first arrived
here? A. I weighed in California 240 and I got here at 236.
I requested my medical record -BAMFORD REPORTING SERVICE 602-265-5974
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Q. A.
How much do you weigh now? I'm at 208. I dropped all the way down to 190. I
was losing weight, nine pounds a week, and they have the record of it. Q. Do you take specific medicine for your multiple
myeloma? A. Q. A. Q. A. Q. day? A. Q. Yes. Have they instructed you to take it more than the Yes, Revlimid. Is it a dangerous drug? Very dangerous. If you overdoes on it can it kill you? Yes. Have they offered it to you more than once in a
indicated dosage? A. Yes. MS. ALICE: I'm going to object again. Medical
issues are not an issue at this deposition. standing objection to all these questions. Q. And the medicine, have you been continuously
I have a
provided it on a schedule per the medical doctors? A. Q. A. Not per schedule. Why and how? My Revlimid I should be taking it for 21 days and BAMFORD REPORTING SERVICE 602-265-5974
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off a week.
For two times when Dr. Mosbacher said she
can't because it's a liability for Norris Hospital. These doctors are not multiple myeloma doctors and if something happened to me, and she said it will because I'm not seen by multiple myeloma doctors, she has to stop. So she was calling in the prescription and it was correctly. The jail took it over for two months. The
first month I was off of it five days.
It was delayed I was
and then this month here again, it was delayed. off of it.
Instead of seven days I was off 13 days I have warts
and that's when all this stuff started.
coming out all over my skin now, all over my feet. I'm bleeding from my feet. I could show you guys. I
showed the doctor today and he was like wow. The medication costs $9,000 every 21 days and the nurses, I won't mention names until the appropriate time, they're like Mr. Braithwaite they're upstairs arguing about your medication because it costs a lot. The medication, they only take cash and American Express. years. MR. BECKSTEAD: MR. HALE: No further questions. How I know, I had to pay it that way for six
Nothing further. 11:12 a.m.)
(Time noted:
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SIGNATURE OF THE WITNESS
I, WARREN BRAITHWAITE, hereby certify that I have read the transcript of my testimony taken under oath in my deposition of September 27, 2011; that the transcript is a true and complete record of my testimony, and that the answers on the record as given by me are true and correct.
___________________________ WARREN BRAITHWAITE
_____________ Date
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STATE OF ARIZONA COUNTY OF MARICOPA
) ) )
ss.
BE IT KNOWN that the foregoing deposition was taken before me, Nicole Sesta, RPR, a Certified Reporter, Certificate #50854, for the State of Arizona, and by virtue thereof authorized to administer an oath; that the witness before testifying was duly sworn by me to testify to the whole truth; that the questions propounded to the witness and the answers of the witness thereto were taken down by me in shorthand and thereafter reduced to print by computer-aided transcription under my direction; that pursuant to request, notification was provided that the deposition is available for review and signature; that the transcript consisting of 57 pages is a full, true and accurate transcript of all proceedings and testimony had and adduced upon the taking of said deposition, all done to the best of my skill and ability. I FURTHER CERTIFY that I am in no way related to nor employed by any of the parties hereto nor am I in any way interested in the outcome hereof. DATED at Glendale, Arizona, October 7, 2011. _____________________________ Nicole Sesta, RPR Certified Reporter #50854

Warren Vs Joe Arpaio & The Maricopa County Jail

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Warren Vs Joe Arpaio & The Maricopa County Jail

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Case 2:11-cv-02032-JAT--LO Document 1 Filed 10/18/11 Page 1 of 8

Attorney for Plaintiff

Plaintiff, Warren A. Braithwaite, through his attorneys, hereby complains against

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multiple myeloma in 2006.

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Following his incarceration, Warren Braithwaite is believed to have relapsed due to

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FRED GRAVES, ET AL.,

JOSEPH ARPAIO, ET AL.,

DEPOSITION OF WARREN BRAITHWAITE Phoenix, Arizona September 27, 2011

Reported by Nicole Sesta, RPR Certified Reporter No. 50854

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Warren Braitthwaite Page 2

For the Plaintiffs:

For the Defendants:

For Mr. Braithwaite:

Jay Beckstead, Esq.

BAMFORD REPORTING SERVICE 602-265-5974

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Warren Braitthwaite Page 3

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Warren Braitthwaite Page 4

My name is Emily Alice.

MR. BECKSTEAD: MS. ALICE:

Yes, it does. The civil matter.

MR. BECKSTEAD: MS. ALICE:

And I represent the jail in this

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Warren Braitthwaite Page 5

And we're representing the inmates.

I'm going to put forth some ground rules just so

Please let me finish the question before you

that would be great.

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Warren Braitthwaite Page 6

whatsoever? A. Q. No. Does it alter your ability to give me your

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employed? A. I have my own construction business. So I was

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Warren Braitthwaite Page 8

Fourth Avenue for? MR. BECKSTEAD: A. Q. A. Yes.

question. Q. Is it just conspiracy with marijuana or are there

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Warren Braitthwaite Page 9

Yes. Were you booked directly into this Fourth Avenue

So you've been in the Fourth Avenue jail since

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Warren Braitthwaite Page 10

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Warren Braitthwaite Page 11

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Warren Braitthwaite Page 12

of us in here. Q. How many hours a day are you currently confined to

a day room? A. No.

MR. HALE: talking. Q. A. Q.

Not this room, the room you're