This is some of the summary contained in the Order filed 1-9-23 CV-12-00601-PHX-ROS. Requirements of injunction. AZDOC has until February 27, 2023 to file objections.
This hearing included discussion of appointing a receiver. (Full transparency, this website would love that to happen). Judge Silver said receivership is not off the table, especially if the Defendants appear “not to cooperate” or “act in good faith” to comply. Insufficient staffing and conditions of confinement are unconstitutional and are a substantial risk of serious harm to inmates.
Defendants have fought every aspect of this case at every turn. When Defendants entered into a settlement with the Court to improve care provided to prisoners, they immediately failed to perform those obligations. Defendants kept inaccurate records, presented no meaningful defense, no expert testimony, and made no effort to remedy the flaws highlighted by this litigation.
Monitoring. The Court will appoint its own experts to serve as monitors, headed by Dr. Marc Stern. In addition to these experts monitors will consist of current prisoners, former prisoners, family of prisoners, prison staff, and the public to notify the Court of unsafe health care and conditions of confinement.
Defendants shall design and implement a mechanism for prisoners to submit communications to the Court appointed monitors. General requirements include Medical and Mental Health, Mortality review of prisoner deaths, Near-Miss reporting, Preventable adverse events, Staffing levels, SNU, IPC, Referrals, Hospital stays, Medication, Mental Health, Suicide Prevention, Crisis Stabilization. Beginning March 31, 2023, Defendants shall submit a quarterly report that includes:
- : Number of correctional staff ASSIGNED to each facility.
- Number of correctional staff EMPLOYED
- Number of correctional staff TURNOVER rate
- Number of correctional staff RETENTION rate
- Number of correctional staff OVERTIME hours