Warren vs Joe Arpaio & The Maricopa County Jail

Jason C. Beckstead [email protected] 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 FOR THE DISTRICT OF ARIZONA

PHOENIX DIVISION

WARREN A. BRAITHWAITE, Plaintiff, v. MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES, MARICOPA MEDICAL CENTER, MARICOPA COUNTY SHERIFF’S OFFICE, MARICOPA COUNTY (A MUNICIPAL ENTITY) AND JOHN DOES 1-50,

Defendants.

Civil Action No.: to be assigned by the Clerk of the Court

COMPLAINT

I. COMPLIANT FOR VIOLATIONS UNDER 42 U.S.C. SECTION 1983: DELIBERATE INDIFFERENCE TO A PRETRIAL DETAINEE’S IMMEDIATE AND URGENT HEALTH CARE NEEDS

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

Defendants Maricopa County Correctional Health Services (“CHS”), Maricopa Medical

Center (“MMC”), the Maricopa County Sheriff’s Office (“MCSO”), Maricopa County (a

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

CA Bar No. 223148 AZ Bar No. 023095USPTO Bar No. 48,232 Buesing, Hernacki & Beckstead, PLLC111 W. Monroe St., Ste 320 Phoenix, Arizona 85003(602) 388-8645 (P)(602) 218-4450 (F)Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONAAA

PHOENIX DIVISION

WARREN A. BRAITHWAITE,

Plaintiff,

v.

MARICOPA COUNTY CORRECTIONAL HEALTH SERVICES, MARICOPA MEDICAL CENTER, MARICOPA COUNTY SHERIFF’S OFFICE,MARICOPA COUNTY (A MUNICIPAL ENTITY) AND JOHN DOES 1-50,

Defendants.

Civil Action No.: to be assigned by the Clerk of the Court

COMPLAAAINT

I. COMPLIANT FOR VIOLAAATIONS UNDER 42 U.S.C. SECTION 1983: DELIBERAAATEINDIFFERENCE TO A PRETRIAL DETAAAINEE’S IMMEDIATE AND URGENT HEALTHCARE NEEDS

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

mailto:[email protected]

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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,

the Fourteenth Amendment to the United States Constitution, and other pendent statutory and common

laws, asserting deliberate indifference to Mr. Warren Braithwaite’s immediate and urgent health care

needs as a pretrial detainee being held in custody by the Maricopa County Sheriff’s 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

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.

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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NATURE OF THE CASE

1. This is an action brought under 42 USC Section 1983, the United States Constitution, action brought under 42 USC Section 1983, the United States Constitution,

the Fourteenth Amendment to the United States Constitution, and other pendent statutory and common the Fourteenth Amendment to the United States Constitution, and other pendent statutory and common

laws, asserting deliberate indifference to Mr. Warren Braithwaite’s immediate and urgent health care deliberate indifference to Mr. Warren Braithwaite’s immediate and urgent health care

needs as a pretrial detainee being held in custody by the Maricopa County Sheriff’s Office pending the 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 This Court has jurisdiction of Plaintiffs' federal law claims pursuant to 28 U.S.C. § 1331

and 42 U.S.C. § 1988. Additionally, this Court has jurisdiction over any of Plaintiffs' state and 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 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 presently residents of Maricopa County, Arizona, and the events underlying this lawsuit occurred

in Maricopa County.

4. At all times material herein, including from June 23, 2011, until the present date, Plaintiff 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 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 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 actions and/or inactions under the color of

state law constitute actions of Maricopa County, and Maricopa County is vicariously and directly 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

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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

multiple myeloma in 2006. He nearly died in 2006/2007 from an improper initial treatment of the

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.

11. While multiple myeloma is not curable, its symptoms can be controlled and a patient’s 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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"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 Warren Braithwaite was diagnosed with a rare cancer of the blood plasma known as

multiple myeloma in 2006. He nearly died in 2006/2007 from an improper initial treatment of the multiple myeloma in 2006. He nearly died in 2006/2007 from an improper initial treatment of the

disease due to it being uncommon. He had kidney failure and dialysis. A multitude of oncologists were multitude of oncologists were

unable to treat or otherwise help Mr. Braithwaite. What he needed was a multiple myeloma doctor, a 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 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 University of Southern California Norris Cancer Center (Dr. Mohrbacher) who was able to save his life

through a bone marrow transplant.

11. While multiple myeloma is not curable, its symptoms can be controlled and a patient’s life tiple myeloma is not curable, its symptoms can be controlled and a patient’s life

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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. CHS has been aware since at least September 27, 2011 that Mr. Braithwaite has blood in

his urine.

15. Mr. Braithwaite is not only passing blood in his stool and in his urine, but his feet are

bleeding; additionally, he has had bleeding from his nose that is not otherwise explainable.

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

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.

19. 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.

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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inadequate health care within MCSO as provided by CHS and MMC. CHS was informed by Mr. 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 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 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. CHS has been aware since at least September 27, 2011 that Mr. Braithwaite has blood in CHS has been aware since at least September 27, 2011 that Mr. Braithwaite has blood in

his urine.

15. Mr. Braithwaite is not only passing blood in his stool and in his urine, but his feet are Mr. Braithwaite is not only passing blood in his stool and in his urine, but his feet are

bleeding; additionally, he has had bleeding from his nose that is not otherwise explainable.

16. Mr. Braithwaite often has his bloody socks, jail slippers, and jail shirt confiscated without 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 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 Mr. Braithwaite has black spots on his feet that are spreading up his legs and are

beginning to show on his hands; this is a symptom of multiple myeloma known as “cryoglobulinemia,” a loma known as “cryoglobulinemia,” a

condition peculiar to this and other rare forms of disease.

19. Mr. Braithwaite has exhausted all of his internal procedural remedies within the jail, to 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 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.

20. The most-recent grievance form was completed by Mr. Braithwaite on October 11, 2011. 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.

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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

that:

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 I’m noticing blood in my stool every time I go to the bathroom.

22. The written response by CHS to Mr. Braithwaite’s urgent medical need was: “Please

schedule 0230 for provider to review p’s c/o blood in stool.”

23. The review of Mr. Braithwaite’s grievance of September 9, 2011, asserting blood in his

stool is described in Mr. Braithwaite’s next written grievance form, dated September 22, 2011:

I’ve been off my medication for 13 days and I’m 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. Braithwaite’s 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

potentially dangerous drug, in that it can cause kidney failure if not properly monitored. Every 21 day

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.

25. Since his incarceration within the Maricopa County jail on June 23, 2011, and due to CHS’s

deliberate indifference, Mr. Braithwaite’s 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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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 In a grievance form dated September 9, 2011, Mr. Braithwaite informed CHS in writing

that:

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 I’m noticing blood in my stool every time I go to the bathroom.

22. The written response by CHS to Mr. Braithwaite’s urgent medical need was: “Please Please

schedule 0230 for provider to review p’s c/o blood in stool.”

23. The review of Mr. Braithwaite’s grievance of September 9, 2011, asserting blood in his 11, asserting blood in his

stool is described in Mr. Braithwaite’s next written grievance form, dated September 22, 2011:

I’ve been off my medication for 13 days and I’m 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. Braithwaite’s chemotherapy medication (“Revlimid”) is prescribed for a 21 day Mr. Braithwaite’s 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 period, after which he is supposed to have a 7 day period that he is off the medication. Revlimid is itself a

potentially dangerous drug, in that it can cause kidney failure if not properly monitored. Every 21 day potentially dangerous drug, in that it can cause kidney failure if not properly monitored. Every 21 day

prescription has a form that the patient is supposed to fill out, but contrary to this requirement, employees 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.

25. Since his incarceration within the Maricopa County jail on June 23, 2011, and due to CHS’s ue to CHS’s

deliberate indifference, Mr. Braithwaite’s Revlimid chemotherapy has been allowed to lapse a total of 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 three times: (1) once for a total of approximately 13 days instead of a precise 7 days, (2) once for a total

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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. Braithwaite’s 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 Plaintiff’s 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.

Braithwaite’s 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

consultant hematologist (“Dr. Mikhael”) of the Mayo Clinic Arizona reviewed Mr. Braithwaite’s CHS

medical records and medical records prior to his incarceration with MCSO. Dr. Mikhael’s entire practice

is devoted to the treatment of multiple myeloma, and after review of Mr. Braithwaite’s medical records,

he asserted that Mr. Braithwaite needed to be seen as soon as possible:

…upon a cursory review of his [Mr. Braithwaite’s] file, I am very concerned about the state of his disease and would suggest that we arrange…laboratory 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

CHS’s 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. Braithwaite’s condition

since having been incarcerated as a pre-trial detainee, but rather that the move was needed so


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days).

26. Prior treating multiple myeloma doctor Dr. Mohrbacher (Mr. Braithwaite’s physician Prior treating multiple myeloma doctor Dr. Mohrbacher (Mr. Braithwaite’s physician

prior to incarceration) adamantly insisted that Mr. Braithwaite not miss any days of prescribed 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 medication, and, at most, could miss no more than 2 days of his prescribed Revlimid chemotherapy, as

documented in Plaintiff’s health records as provided to CHS.

27. CHS personnel have, with deliberate indifference, attempted to force Mr. Braithwaite to 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. take his Revlimid medication more than once a day, something that could be a fatal mistake but for Mr.

Braithwaite’s personal knowledge that he is not supposed to ingest more than the allowed amount in any any

24 hour period.

28. Mr. Braithwaite called undersigned counsel on both October 12 and 13, to inform counsel 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 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 Dr. Joseph Mikhael MD, Med, FRCPC, a myeloma doctor and

consultant hematologist (“Dr. Mikhael”) of the Mayo Clinic Arizona reviewed Mr. Braithwaite’s CHS CHS

medical records and medical records prior to his incarceration with MCSO. Dr. Mikhael’s entire practice and medical records prior to his incarceration with MCSO. Dr. Mikhael’s entire practice

is devoted to the treatment of multiple myeloma, and after review of Mr. Braithwaite’s medical records, the treatment of multiple myeloma, and after review of Mr. Braithwaite’s medical records,

he asserted that Mr. Braithwaite needed to be seen as soon as possible:

…upon a cursory review of his [Mr. Braithwaite’s] file, I am very concerned

about the state of his disease and would suggest that we arrange…laboratory

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

CHS’s decision to move Mr. Braithwaite from the 4th Avenue Jail to the Lower Buckeye Jail

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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 today’s

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

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.

Braithwaite’s 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


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

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 today’s

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

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.

Braithwaite’s 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.


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

Case 2:11-cv-02032-JAT--LO Document 1-1 Filed 10/18/11 Page 1 of 57

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

Graves v. Arpaio Warren Braitthwaite

BAMFORD REPORTING SERVICE 602-265-5974

Page 2

1 A P P E A R A N C E S:

2

3

4 For the Plaintiffs: Brandon Hale, Esq.

5 OSBORN MALEDON, PA

6 2929 North Central Avenue

7 Suite 2100

8 Phoenix, Arizona 85012

9

10

11 For the Defendants: Emily Klein Alice, Esq.

12 IAFRATE & ASSOCIATES

13 649 North Second Avenue


15

16

17 For Mr. Braithwaite: Jay Beckstead, Esq.

18 BUESING, HERNACKI & BECKSTEAD, PLLC

19 111 West Monroe Street

20 Suite 320


22

23

24

25


2

3

4 For the Plaintiffs: Brandon Hale, Esq.

5 OSBORN MALEDON, PA

6 2929 North Central Avenue

7 Suite 2100


9

10

11 For the Defendants: Emily Klein Alice, Esq.

12 IAFRATE & ASSOCIATES

13 649 North Second Avenue


15

16

17 For Mr. Braithwaite: Jay Beckstead, Esq.

18 BUESING, HERNACKI & BECKSTEAD, PLLC

19 111 West Monroe Street

20 Suite 320


22

23

24



Page 3

1

2 I N D E X

3

4 Witness Examination by Page

5 Warren Braithwaite Ms. Alice 4

6 Mr. Beckstead 49

7

8

9

10

11

12 E X H I B I T S

13 None marked

14

15

16

17

18

19

20

21

22

23

24

25


2 I N D E X

3

4 Witness Examination by Page

5 Warren Braithwaite Ms. Alice 4

6 Mr. Beckstead 49

7

8

9

10

11

12 E X H I B I T S

13 None marked

14

15

16

17

18

19

20

21

22

23

24



Page 4

1

2 THE DEPOSITION OF WARREN BRAITHWAITE was

3 taken on September 27, 2011, commencing at 10:07 a.m.

4 at the FOURTH AVENUE JAIL, 201 S. Fourth Avenue,

5 Phoenix, Arizona, before NICOLE SESTA, a Certified

6 Reporter in the State of Arizona.

7

8 WARREN BRAITHWAITE,

9 having been duly sworn to tell the truth, the whole

10 truth, and nothing but the truth, was examined and

11 testifies as follows:

12 EXAMINATION BY.

13 MS. ALICE:

14 Q. Can you state your full name for the record?

15 A. Warren Braithwaite.

16 Q. Is it okay if I call you Warren?

17 A. Yes. Who are you guys?

18 Q. My name is Emily Alice. I will be taking your

19 deposition. I'm from Iafrate & Associates.

20 MR. HALE: I'm Brandon Hale from Osborn Maledon.

21 MR. BECKSTEAD: This involves jail conditions?

22 MS. ALICE: Yes, it does.

23 MR. BECKSTEAD: The civil matter.

24 MS. ALICE: And I represent the jail in this

25 matter.


2 THE DEPOSITION OF WARREN BRAITHWAITE was

3 taken on September 27, 2011, commencing at 10:07 a.m.

4 at the FOURTH AVENUE JAIL, 201 S. Fourth Avenue,

5 Phoenix, Arizona, before NICOLE SESTA, a Certified

6 Reporter in the State of Arizona.

7

8 WARREN BRAITHWAITE,

9 having been duly sworn to tell the truth, the whole

10 truth, and nothing but the truth, was examined and

11 testifies as follows:

12 EXAMINATION BY.

13 MS. ALICE:

14 Q. Can you state your full name for the record?

15 A. Warren Braithwaite.

16 Q. Is it okay if I call you Warren?

17 A. Yes. Who are you guys?

18 Q. My name is Emily Alice. I will be taking your

19 deposition. I'm from Iafrate & Associates.

20 MR. HALE: I'm Brandon Hale from Osborn Maledon.

21 MR. BECKSTEAD: This involves jail conditions?

22 MS. ALICE: Yes, it does.

23 MR. BECKSTEAD: The civil matter.

2 MS. ALICE: And I represent the jail in this



Page 5

1 MR. HALE: And we're representing the inmates.

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

3 we can make sure that the transcript is as clean as

4 possible. I'm going to be asking you some questions

5 today. Please let me finish the question before you

6 answer and I'll do the same for you so we can make

7 sure we have a clean transcript.

8 A. Okay.

9 Q. Unlike normal conversations where we say uh-huh

10 and shake our heads we can't get that down on the

11 transcript. So if you could answer with a yes or no

12 that would be great. If you answer my question I'm

13 going to assume that you understood it.

14 If for any reason you don't understand my question

15 ask me to rephrase it. I won't think that's rude. If

16 at any time you need a break today please let me know.

17 All I ask is that if there's a question pending on the

18 table you answer my question first.

19 Are you on any medications today?

20 A. I took medicines this morning which I take every

21 day. That's Revlimid.

22 MR. BECKSTEAD: Chemotherapy.

23 Q. Anything else?

24 A. No, ma'am.

25 Q. Does that medication alter your mental state


MR. HALE: And we're representing the inmates.

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

3 we can make sure that the transcript is as clean as

4 possible. I'm going to be asking you some questions

5 today. Please let me finish the question before you

6 answer and I'll do the same for you so we can make

7 sure we have a clean transcript.

8 A. Okay.

9 Q. Unlike normal conversations where we say uh-huh

10 and shake our heads we can't get that down on the

11 transcript. So if you could answer with a yes or no

12 that would be great. If you answer my question I'm

13 going to assume that you understood it.

14 If for any reason you don't understand my question

15 ask me to rephrase it. I won't think that's rude. If

16 at any time you need a break today please let me know.

17 All I ask is that if there's a question pending on the

18 table you answer my question first.

19 Are you on any medications today?

20 A. I took medicines this morning which I take every

21 day. That's Revlimid.

22 MR. BECKSTEAD: Chemotherapy.


2



Page 6

1 whatsoever?

2 A. No.

3 Q. Does it alter your ability to give me your

4 truthful and honest testimony today?

5 A. No, ma'am.

6 Q. What is your date of birth?

7 A. 9-9-72.

8 Q. Other than this facility what is your primary

9 place of residence?

10 A. 5134 Don Pio Drive, Woodland Hills, California.

11 Q. Are you not a resident of Arizona?

12 A. No.

13 Q. Are you married?

14 A. Yes.

15 Q. Do you have any children?

16 A. Yes.

17 Q. How many?

18 A. I have a boy and a 22 year old stepdaughter.

19 Q. Can you give me a snapshot of your education?

20 A. I did two years of BMCC College in New York.

21 Q. Did you graduate high school?

22 A. Yes, ma'am.

23 Q. Where?

24 A. Brooklyn, New York.

25 Q. What year?


2 A. No.

3 Q. Does it alter your ability to give me your

4 truthful and honest testimony today?

5 A. No, ma'am.

6 Q. What is your date of birth?

7 A. 9-9-72.

8 Q. Other than this facility what is your primary

9 place of residence?

10 A. 5134 Don Pio Drive, Woodland Hills, California.

11 Q. Are you not a resident of Arizona?

12 A. No.

13 Q. Are you married?

14 A. Yes.

15 Q. Do you have any children?

16 A. Yes.

17 Q. How many?

18 A. I have a boy and a 22 year old stepdaughter.

19 Q. Can you give me a snapshot of your education?

20 A. I did two years of BMCC College in New York.

21 Q. Did you graduate high school?

22 A. Yes, ma'am.

23 Q. Where?

2



Page 7

1 A. 1991.

2 Q. And then you did two years at BMCC?

3 A. Yes.

4 Q. Did you graduate?

5 A. No.

6 Q. When you were at BMCC what did you study?

7 A. Computer programming, Pascal.

8 Q. Prior to being incarcerated where were you

9 employed?

10 A. I have my own construction business. So I was

11 employed with myself with over 30 employees, Barrett

12 Fleming Construction Group.

13 Q. Is that in California?

14 A. Yes.

15 Q. Other than for the reason you're incarcerated

16 today have you had any criminal convictions?

17 A. Yes.

18 Q. Can you spell them out for me?

19 MR. BECKSTEAD: He's not going to talk about

20 that.

21 MS. ALICE: I need to be able to know his other

22 criminal convictions so that I can impeach him if I need

23 to with his veracity.

24 MR. BECKSTEAD: He's facing criminal charges.

25 He's not going to talk about his criminal prior history.


2 Q. And then you did two years at BMCC?

3 A. Yes.

4 Q. Did you graduate?

5 A. No.

6 Q. When you were at BMCC what did you study?

7 A. Computer programming, Pascal.

8 Q. Prior to being incarcerated where were you

9 employed?

10 A. I have my own construction business. So I was

11 employed with myself with over 30 employees, Barrett

12 Fleming Construction Group.

13 Q. Is that in California?

14 A. Yes.

15 Q. Other than for the reason you're incarcerated

16 today have you had any criminal convictions?

17 A. Yes.

18 Q. Can you spell them out for me?

19 MR. BECKSTEAD: He's not going to talk about

20 that.

21 MS. ALICE: I need to be able to know his other

22 criminal convictions so that I can impeach him if I need

23 to with his veracity.

2 MR. BECKSTEAD: He's facing criminal charges.



Page 8

1 Q. So you refuse to answer?

2 MR. BECKSTEAD: I'm telling him not to answer.

3 A. My lawyer answered you.

4 Q. Can you tell me the charges that you're here in

5 Fourth Avenue for?

6 MR. BECKSTEAD: Yes.

7 A. Conspiracy with marijuana.

8 Q. Any other charges?

9 A. What do you mean? I don't understand the

10 question.

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

12 any other pending criminal charges against you?

13 MR. BECKSTEAD: It's a single case. He's facing

14 five felony counts.

15 MS. ALICE: I need him to answer, please.

16 A. That's why I asked my lawyer to be here.

17 Q. I understand but it's your deposition.

18 A. It's one single case.

19 MR. BECKSTEAD: And five felony counts, correct?

20 THE WITNESS: Yes.

21 MR. BECKSTEAD: Involving the same matter?


23 Q. When were you booked into Maricopa County jail?

24 A. 6-23.

25 Q. Of this year?


Q. So you refuse to answer?

2 MR. BECKSTEAD: I'm telling him not to answer.

3 A. My lawyer answered you.

4 Q. Can you tell me the charges that you're here in

5 Fourth Avenue for?

6 MR. BECKSTEAD: Yes.

7 A. Conspiracy with marijuana.

8 Q. Any other charges?

9 A. What do you mean? I don't understand the

10 question.

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

12 any other pending criminal charges against you?

13 MR. BECKSTEAD: It's a single case. He's facing

14 five felony counts.

15 MS. ALICE: I need him to answer, please.

16 A. That's why I asked my lawyer to be here.

17 Q. I understand but it's your deposition.

18 A. It's one single case.

19 MR. BECKSTEAD: And five felony counts, correct?


21 MR. BECKSTEAD: Involving the same matter?


23 Q. When were you booked into Maricopa County jail?

2 A. 6-23.



Page 9

1 A. Yes.

2 Q. Were you booked directly into this Fourth Avenue

3 jail?

4 A. No.

5 Q. Where were you booked?

6 A. Actually, yes, I was booked here in intake.

7 Q. Without giving me the details of your criminal

8 charges have you taken a plea, have you been

9 sentenced, are you still a pretrial detainee?

10 A. Yes, still a pretrial detainee.

11 Q. Has trial been scheduled?

12 A. No.

13 Q. Have you filed a plea?

14 A. No.

15 Q. Do you know the title of your next court

16 appearance, is it a preliminary hearing?

17 A. No, I don't know.

18 MR. BECKSTEAD: It's a status conference on

19 October the 11th.

20 MS. ALICE: Okay, thank you.

21 Q. So you've been in the Fourth Avenue jail since

22 June 23, 2011?

23 A. I came in on the 23rd and they took me to LBJ and

24 then brought me back here the next day on the 24th.

25 Q. LBJ being Lower Buckeye jail?


2 Q. Were you booked directly into this Fourth Avenue

3 jail?

4 A. No.

5 Q. Where were you booked?

6 A. Actually, yes, I was booked here in intake.

7 Q. Without giving me the details of your criminal

8 charges have you taken a plea, have you been

9 sentenced, are you still a pretrial detainee?

10 A. Yes, still a pretrial detainee.

11 Q. Has trial been scheduled?

12 A. No.

13 Q. Have you filed a plea?

14 A. No.

15 Q. Do you know the title of your next court

16 appearance, is it a preliminary hearing?

17 A. No, I don't know.

18 MR. BECKSTEAD: It's a status conference on

19 October the 11th.

20 MS. ALICE: Okay, thank you.

21 Q. So you've been in the Fourth Avenue jail since

22 June 23, 2011?

23 A. I came in on the 23rd and they took me to LBJ and

2 then brought me back here the next day on the 24th.



Page 10

1 A. Yes.

2 Q. What were the dates that you were there?

3 A. Just like an hour and then they brought me back.

4 Q. What is your current classification?

5 A. As far as what?

6 Q. Security, are you medium, maximum, do you know?

7 A. Medium.

8 Q. Are you housed in a dorm or a cell here?

9 A. I'm in level 3F-100 cell 27.

10 Q. Level 3F-100?

11 A. Cell 27.

12 Q. So you're in an actual cell, correct?

13 MR. BECKSTEAD: I don't think he knows the

14 difference between dorms and cells.

15 A. You need to explain.

16 Q. Are there other inmates in your immediate housing

17 space?

18 A. Yes.

19 Q. How many?

20 A. We have 36 cells, a total of 72 inmates.

21 MR. BECKSTEAD: In the pod but it's not

22 dormitory style where it's row after row of racks.

23 People are in individual cells?


25 Q. How many inmates share your individual cell, is it


2 Q. What were the dates that you were there?

3 A. Just like an hour and then they brought me back.

4 Q. What is your current classification?


6 Q. Security, are you medium, maximum, do you know?

7 A. Medium.

8 Q. Are you housed in a dorm or a cell here?

9 A. I'm in level 3F-100 cell 27.

10 Q. Level 3F-100?

11 A. Cell 27.

12 Q. So you're in an actual cell, correct?

13 MR. BECKSTEAD: I don't think he knows the

14 difference between dorms and cells.

15 A. You need to explain.

16 Q. Are there other inmates in your immediate housing

17 space?

18 A. Yes.

19 Q. How many?

20 A. We have 36 cells, a total of 72 inmates.

21 MR. BECKSTEAD: In the pod but it's not

22 dormitory style where it's row after row of racks.

23 People are in individual cells?

2



Page 11

1 one other?

2 A. One other.

3 Q. What is that inmate's name, if you know?

4 A. I don't wish to give his name.

5 MR. BECKSTEAD: It would be okay. If you know

6 his name it wouldn't harm.

7 Q. I can look it up in the system. So if you could

8 give me his name that would be great.

9 A. I don't prefer to do that.


11 A. I don't know his name.

12 Q. Is that the first cell that you were placed in

13 when you came to Fourth Avenue?

14 A. Yes.

15 Q. You haven't been transferred to any other cell?

16 A. No.

17 Q. Other than the hour that you were at LBJ have you

18 been in any other facility other than Fourth Avenue?

19 A. No.

20 Q. When you were at LBJ were you placed in a cell?

21 A. They put me in a holding cell first.

22 Q. Were there any other inmates in there?

23 A. Yes.

24 Q. How many?

25 A. Like a smaller room than this, like over 12 of us.


2 A. One other.

3 Q. What is that inmate's name, if you know?

4 A. I don't wish to give his name.

5 MR. BECKSTEAD: It would be okay. If you know

6 his name it wouldn't harm.

7 Q. I can look it up in the system. So if you could

8 give me his name that would be great.

9 A. I don't prefer to do that.


11 A. I don't know his name.

12 Q. Is that the first cell that you were placed in

13 when you came to Fourth Avenue?

14 A. Yes.

15 Q. You haven't been transferred to any other cell?

16 A. No.

17 Q. Other than the hour that you were at LBJ have you

18 been in any other facility other than Fourth Avenue?

19 A. No.

20 Q. When you were at LBJ were you placed in a cell?

21 A. They put me in a holding cell first.

22 Q. Were there any other inmates in there?

23 A. Yes.

2



Page 12

1 We was touching each other like standing up and there

2 was no where to sit.

3 Q. Did you count the number of inmates?

4 A. Yes, because I was like man, they have like 21 one

5 of us in here.

6 Q. How many hours a day are you currently confined to

7 your cell?

8 A. We only out eight hours. All the rest are lock

9 down.

10 Q. When you're out of your cell where are you?

11 A. Down by the tables by the yard, sometimes in my

12 cell, sometimes outside.

13 Q. When your cell doors are open you're able to go in

14 and out to this room that you're describing, correct?

15 A. Yes.

16 Q. Are you upstairs in the pod?

17 A. Yes.

18 Q. Would you consider this room where there's tables

19 a day room? Do you know what I mean by that?

20 A. No.

21 MR. HALE: Not this room, the room you're

22 talking.

23 Q. The room with the tables.

24 A. Yes, it's a day room.

25 Q. How often are you given access to the day room?


We was touching each other like standing up and there

2 was no where to sit.

3 Q. Did you count the number of inmates?

4 A. Yes, because I was like man, they have like 21 one

5 of us in here.

6 Q. How many hours a day are you currently confined to

7 your cell?

8 A. We only out eight hours. All the rest are lock

9 down.

10 Q. When you're out of your cell where are you?

11 A. Down by the tables by the yard, sometimes in my

12 cell, sometimes outside.

13 Q. When your cell doors are open you're able to go in

14 and out to this room that you're describing, correct?

15 A. Yes.

16 Q. Are you upstairs in the pod?

17 A. Yes.

18 Q. Would you consider this room where there's tables

19 a day room? Do you know what I mean by that?

20 A. No.

21 MR. HALE: Not this room, the room you're

22 talking.

23 Q. The room with the tables.

2 A. Yes, it's a day room.



Page 13

1 A. Only when we're out for eight hours.

2 Q. And you previously testified that you can go in

3 and out from your cell to that day room?

4 A. Yes, unless they say lock back down.

5 Q. I'm going to switch gears a little bit to food.

6 You're served meals here at Fourth Avenue, correct?

7 A. Yes.

8 Q. How often are meals served?

9 A. Twice a day.

10 Q. Can you give me an approximation regarding the

11 time that those meals are served?

12 A. 6:30 in the morning you get a small peanut butter

13 like this, a small bread about this, two.

14 Q. I'm going to ask you to describe it in words, if

15 you can. Can you describe the peanut butter?

16 A. The peanut butter is in a small container.

17 Q. How many tablespoons do you think you can get out

18 of there?

19 A. I would say like five at the most tablespoon.

20 Q. And then you said there was bread?

21 A. Two small breads.

22 Q. Loaves or an individual piece of bread?

23 A. Two loaves I would say like two to three inches,

24 and two milks, two quart milks, and an orange.

25 Q. Is there a cookie?


A. Only when we're out for eight hours.

2 Q. And you previously testified that you can go in

3 and out from your cell to that day room?

4 A. Yes, unless they say lock back down.

5 Q. I'm going to switch gears a little bit to food.

6 You're served meals here at Fourth Avenue, correct?

7 A. Yes.

8 Q. How often are meals served?

9 A. Twice a day.

10 Q. Can you give me an approximation regarding the

11 time that those meals are served?

12 A. 6:30 in the morning you get a small peanut butter

13 like this, a small bread about this, two.

14 Q. I'm going to ask you to describe it in words, if

15 you can. Can you describe the peanut butter?

16 A. The peanut butter is in a small container.

17 Q. How many tablespoons do you think you can get out

18 of there?

19 A. I would say like five at the most tablespoon.

20 Q. And then you said there was bread?

21 A. Two small breads.

22 Q. Loaves or an individual piece of bread?

23 A. Two loaves I would say like two to three inches,

2 and two milks, two quart milks, and an orange.



Page 14

1 A. Yes, sorry, a cookie.

2 Q. Are you on any kind of special diet?

3 A. No.

4 MR. BECKSTEAD: Do you want to re-answer that

5 question? Aren't you on a special diet due to your

6 health condition?

7 THE WITNESS: They don't give me a special diet.

8 They just give me peanut butter.

9 MR. BECKSTEAD: But you require a special diet?

10 THE WITNESS: I require it but they don't give

11 it to me.

12 Q. My question is are you on a special diet now?

13 A. No.

14 Q. So food in the morning is passed out around 6:30?

15 A. Yes.

16 Q. How is the food passed out?

17 A. They open your cell and tell you to come down.

18 Q. They being the officers?

19 A. Yes.

20 Q. And do they announce it on a loud speaker?

21 A. Yes.

22 Q. Do you go stand in line?

23 A. Yes.

24 Q. Do you have to stand in line numerically by cell

25 number or anything like that?


A. Yes, sorry, a cookie.

2 Q. Are you on any kind of special diet?

3 A. No.

4 MR. BECKSTEAD: Do you want to re-answer that

5 question? Aren't you on a special diet due to your

6 health condition?

7 THE WITNESS: They don't give me a special diet.

8 They just give me peanut butter.

9 MR. BECKSTEAD: But you require a special diet?

10 THE WITNESS: I require it but they don't give

11 it to me.

12 Q. My question is are you on a special diet now?

13 A. No.

14 Q. So food in the morning is passed out around 6:30?

15 A. Yes.

16 Q. How is the food passed out?

17 A. They open your cell and tell you to come down.

18 Q. They being the officers?

19 A. Yes.

20 Q. And do they announce it on a loud speaker?

21 A. Yes.

22 Q. Do you go stand in line?

23 A. Yes.

2 Q. Do you have to stand in line numerically by cell



Page 15

1 A. First, no, they just started like a week ago.

2 I've been here going on four months.

3 Q. What happens if you don't stand in the line?

4 A. You don't get your chow.

5 Q. Does somebody come to your cell?

6 A. No.

7 Q. The morning meal is served in a sack, correct?

8 A. Yes.

9 Q. Have you had any problems with the food served in

10 the sack?

11 A. Yes.

12 Q. What?

13 A. It's the same thing every day. Me, I have

14 multiple myeloma. It's what your body make protein

15 all the time and they give me peanut butter every

16 single day. So we're dealing with another problem

17 that my lawyer is aware of. So eating peanut butter

18 every day, when I urinate in the bathroom my foam is

19 just coming up and that's a sign of protein. My

20 health has deteriorated since I've been here.

21 MR. BECKSTEAD: What he's describing, multiple

22 myeloma, is a cancer of the plasma of his blood.

23 MS. ALICE: Again, I'm going to ask that you

24 stop interjecting. This is my deposition.

25 MR. BECKSTEAD: I can end it right now.


A. First, no, they just started like a week ago.

2 I've been here going on four months.

3 Q. What happens if you don't stand in the line?

4 A. You don't get your chow.

5 Q. Does somebody come to your cell?

6 A. No.

7 Q. The morning meal is served in a sack, correct?

8 A. Yes.

9 Q. Have you had any problems with the food served in

10 the sack?

11 A. Yes.

12 Q. What?

13 A. It's the same thing every day. Me, I have

14 multiple myeloma. It's what your body make protein

15 all the time and they give me peanut butter every

16 single day. So we're dealing with another problem

17 that my lawyer is aware of. So eating peanut butter

18 every day, when I urinate in the bathroom my foam is

19 just coming up and that's a sign of protein. My

20 health has deteriorated since I've been here.

21 MR. BECKSTEAD: What he's describing, multiple

22 myeloma, is a cancer of the plasma of his blood.

23 MS. ALICE: Again, I'm going to ask that you

2 stop interjecting. This is my deposition.



Page 16

1 MS. ALICE: I'm not asking him in bad faith and

2 I'm not asking him any questions that I'm not allowed to

3 ask him. If you need to take a break I'm happy to give

4 you that break. I need his testimony on the record.

5 MR. BECKSTEAD: Which it is.

6 MS. ALICE: Thank you.

7 Q. Other than the problems you had with the food

8 regarding your health what else have you had problems

9 with?

10 MR. HALE: Objection to the form. Go ahead.

11 A. My cancer. Also, I'm having shooting pain in my

12 stomach. I'm passing blood because the jail is not

13 providing my medication every 21 days. It costs

14 $9,000 every 21 days for my medication. I'm supposed

15 to be off one week and last week, which I kept a

16 record in my cell of everything, I should be started

17 back on the 11th. I didn't get my meds until the

18 following Saturday and I started. That's 13 days off.

19 I went to Dr. Freeman and told him I'm having sharp

20 pains, shooting pains. From zero to ten it's a ten

21 and it's all over my body.

22 Q. I understand your medical issues. That wasn't my

23 question. I want to know issues directly related to

24 the food.

25 A. I'm giving you the issue what the food is causing


MS. ALICE: I'm not asking him in bad faith and

2 I'm not asking him any questions that I'm not allowed to

3 ask him. If you need to take a break I'm happy to give

4 you that break. I need his testimony on the record.

5 MR. BECKSTEAD: Which it is.

6 MS. ALICE: Thank you.

7 Q. Other than the problems you had with the food

8 regarding your health what else have you had problems

9 with?


11 A. My cancer. Also, I'm having shooting pain in my

12 stomach. I'm passing blood because the jail is not

13 providing my medication every 21 days. It costs

14 $9,000 every 21 days for my medication. I'm supposed

15 to be off one week and last week, which I kept a

16 record in my cell of everything, I should be started

17 back on the 11th. I didn't get my meds until the

18 following Saturday and I started. That's 13 days off.

19 I went to Dr. Freeman and told him I'm having sharp

20 pains, shooting pains. From zero to ten it's a ten

21 and it's all over my body.

22 Q. I understand your medical issues. That wasn't my

23 question. I want to know issues directly related to

2



Page 17

1 because of my multiple myeloma bone cancer because of

2 the protein they are giving me every day. I'm

3 answering your question and giving you the effect of

4 it.

5 Q. How do you know that the food is causing those

6 conditions?

7 A. I've been dealing with multiple myeloma for six

8 years. It's a protein where your body never stop

9 making protein and all I get is peanut butter and

10 bread.

11 Q. Have you asked for a special diet?

12 A. Yes. I explained to Dr. Freeman and he been

13 talking to my doctor in California. She told him how

14 to treat me. He said Warren, I'm not a multiple

15 myeloma doctor. So I have to get guidance from Dr.

16 Mosbacher.

17 Q. Have you formally requested a special diet?

18 A. Dr. Freeman talked to Dr. Mosbacher and nothing

19 happened.

20 Q. Have you filed a grievance regarding this?

21 A. Several grievances, which my lawyer have all the

22 copies and everybody has copies.

23 Q. What was the result of the grievance regarding the

24 food issue?

25 A. Oh, I filed a grievance in reference to what's


because of my multiple myeloma bone cancer because of

2 the protein they are giving me every day. I'm

3 answering your question and giving you the effect of

4 it.

5 Q. How do you know that the food is causing those

6 conditions?

7 A. I've been dealing with multiple myeloma for six

8 years. It's a protein where your body never stop

9 making protein and all I get is peanut butter and

10 bread.

11 Q. Have you asked for a special diet?

12 A. Yes. I explained to Dr. Freeman and he been

13 talking to my doctor in California. She told him how

14 to treat me. He said Warren, I'm not a multiple

15 myeloma doctor. So I have to get guidance from Dr.

16 Mosbacher.

17 Q. Have you formally requested a special diet?

18 A. Dr. Freeman talked to Dr. Mosbacher and nothing

19 happened.

20 Q. Have you filed a grievance regarding this?

21 A. Several grievances, which my lawyer have all the

22 copies and everybody has copies.

23 Q. What was the result of the grievance regarding the

2 food issue?



Page 18

1 going on with my health and the food. I didn't file

2 an actual grievance about the food.

3 Q. Any other issues other than what you've discussed

4 with your medical regarding the food in the morning

5 meal?


7 A. Can you repeat the question?

8 Q. Any other problems that you have with the morning

9 meal other than what you've previously testified to?

10 A. It doesn't make you full and you're hungry.

11 Q. What was in your sack this morning?

12 A. One orange, one peanut butter, two loaves of

13 bread, and one cookie.

14 Q. Of that food what did you eat?

15 A. I didn't eat any of it.

16 Q. Why not?

17 A. Again, because of my -- I cannot intake protein.

18 So I had milk with a cereal bar that I ordered from

19 the store.

20 Q. What about the orange?

21 A. I didn't eat the orange?

22 Q. Why not?

23 A. Because the orange provide a lot of acid in my

24 system. So I didn't eat the orange. It's still in my

25 bag.


going on with my health and the food. I didn't file

2 an actual grievance about the food.

3 Q. Any other issues other than what you've discussed

4 with your medical regarding the food in the morning

5 meal?


7 A. Can you repeat the question?

8 Q. Any other problems that you have with the morning

9 meal other than what you've previously testified to?

10 A. It doesn't make you full and you're hungry.

11 Q. What was in your sack this morning?

12 A. One orange, one peanut butter, two loaves of

13 bread, and one cookie.

14 Q. Of that food what did you eat?

15 A. I didn't eat any of it.

16 Q. Why not?

17 A. Again, because of my -- I cannot intake protein.

18 So I had milk with a cereal bar that I ordered from

19 the store.

20 Q. What about the orange?

21 A. I didn't eat the orange?

22 Q. Why not?

23 A. Because the orange provide a lot of acid in my

2 system. So I didn't eat the orange. It's still in my



Page 19

1 Q. What time is your evening meal passed out?

2 A. Before it was at 7:00 and now they start like

3 4:30, 5:00. But the 4:30, 5:00 is just going like two

4 weeks. All the rest of the time it was 7:00 and

5 sometimes later than 7:00.

6 Q. Are you able to see a clock from your cell?

7 A. No, but when they call for chow when I come down I

8 see the clock on the monitoring booth in military

9 time. If it says 13:00 you subtract two and it's

10 1:00.

11 Q. When you come down to the chow line you see a

12 clock?

13 A. Everybody has to pass the clock.

14 Q. Is food passed out in the same manner as the

15 morning meal?

16 A. Yes.

17 Q. So you stand in line for chow?

18 A. Yes.

19 Q. And given a tray for your dinner meal?

20 A. Yes.

21 Q. Is chow announced on the loud speaker?

22 A. Yes.

23 Q. What happens if you don't get in line for chow for

24 dinner?

25 A. You don't get it.


Q. What time is your evening meal passed out?

2 A. Before it was at 7:00 and now they start like

3 4:30, 5:00. But the 4:30, 5:00 is just going like two

4 weeks. All the rest of the time it was 7:00 and

5 sometimes later than 7:00.

6 Q. Are you able to see a clock from your cell?

7 A. No, but when they call for chow when I come down I

8 see the clock on the monitoring booth in military

9 time. If it says 13:00 you subtract two and it's

10 1:00.

11 Q. When you come down to the chow line you see a

12 clock?

13 A. Everybody has to pass the clock.

14 Q. Is food passed out in the same manner as the

15 morning meal?

16 A. Yes.

17 Q. So you stand in line for chow?

18 A. Yes.

19 Q. And given a tray for your dinner meal?

20 A. Yes.

21 Q. Is chow announced on the loud speaker?

22 A. Yes.

23 Q. What happens if you don't get in line for chow for

2 dinner?



Page 20

1 Q. Does someone come to your cell?

2 A. No.

3 Q. What is provided in your evening meal?

4 A. I don't know, just like slop. I don't know what's

5 in it. It looks like soup every day. The mashed

6 potatoes look like it's fake mashed potatoes.

7 Q. What else?

8 A. The broccoli sometimes is supposed to be green and

9 it's white. All the vitamins and everything is out of

10 it and one loaf of round bread.


12 A. That's it.

13 Q. No fruit?

14 A. Sometimes you have fruit and sometimes you don't.

15 When you tell them where is the fruit they say hey.

16 They're just rude and I'm just like whatever.

17 Q. Of those items that you just set forth for me do

18 you eat all of them?

19 A. I try to eat the vegetables. I try to but I don't

20 eat the mashed potatoes because again, it's in

21 reference to my health. Sometimes I eat the slop and

22 I'll add some flavor to it. It don't have any flavor.

23 Q. On an average day what percentage of that food do

24 you eat?

25 A. On an average day everything I just described to


Q. Does someone come to your cell?

2 A. No.

3 Q. What is provided in your evening meal?

4 A. I don't know, just like slop. I don't know what's

5 in it. It looks like soup every day. The mashed

6 potatoes look like it's fake mashed potatoes.

7 Q. What else?

8 A. The broccoli sometimes is supposed to be green and

9 it's white. All the vitamins and everything is out of

10 it and one loaf of round bread.


12 A. That's it.

13 Q. No fruit?

14 A. Sometimes you have fruit and sometimes you don't.

15 When you tell them where is the fruit they say hey.

16 They're just rude and I'm just like whatever.

17 Q. Of those items that you just set forth for me do

18 you eat all of them?

19 A. I try to eat the vegetables. I try to but I don't

20 eat the mashed potatoes because again, it's in

21 reference to my health. Sometimes I eat the slop and

22 I'll add some flavor to it. It don't have any flavor.

23 Q. On an average day what percentage of that food do

2



Page 21

1 you.

2 Q. So that would be 50 percent of the tray, 40

3 percent of the tray?

4 A. I would say it would be 95 because I don't take

5 the mashed potato.

6 Q. Do you get any beverage for dinner?

7 A. No.

8 Q. Same question that I asked you regarding your

9 morning meal, have you had any problems with your

10 dinner tray?

11 MR. HALE: Objection to the form.

12 Q. You can answer.

13 A. The only problem because I know like I should have

14 like a certain specific diet. The greens and stuff

15 they give you is overcooked and it doesn't fill you up

16 and the mashed potatoes is not real mashed potatoes.

17 Q. You said that the greens are overcooked, correct?

18 A. All the time. Sometimes you get beans and the

19 beans is green when you start cooking but when they

20 finish it's like white, yellow.

21 Q. Have you ever asked for a replacement meal?

22 A. They yell at you and say no, that's it, go back to

23 your cell.

24 Q. Have you ever asked?

25 A. Yes.


you.

2 Q. So that would be 50 percent of the tray, 40

3 percent of the tray?

4 A. I would say it would be 95 because I don't take

5 the mashed potato.

6 Q. Do you get any beverage for dinner?

7 A. No.

8 Q. Same question that I asked you regarding your

9 morning meal, have you had any problems with your

10 dinner tray?


12 Q. You can answer.

13 A. The only problem because I know like I should have

14 like a certain specific diet. The greens and stuff

15 they give you is overcooked and it doesn't fill you up

16 and the mashed potatoes is not real mashed potatoes.

17 Q. You said that the greens are overcooked, correct?

18 A. All the time. Sometimes you get beans and the

19 beans is green when you start cooking but when they

20 finish it's like white, yellow.

21 Q. Have you ever asked for a replacement meal?

22 A. They yell at you and say no, that's it, go back to

23 your cell.

2



Page 22

1 Q. When you asked where were you, in the chow line or

2 your cell?

3 A. Chow line. That's when you have to ask.

4 Q. How many occasions have you asked for a

5 replacement meal?

6 A. Four times.

7 Q. How many times were you given that out of the four

8 times?

9 A. Zero.

10 Q. On all four times was it because of the overcooked

11 vegetables?

12 A. Overcooked or sometimes I guess who put it on the

13 tray it's like it has a little bit and it look like a

14 spill. I say can I get a different tray and they're

15 like no.

16 Q. Any other problems with the dinner meal?

17 A. That's it.

18 Q. Did you eat everything on your tray last night?

19 A. Last night I had -- they had grapes, not grapes

20 but peach fruit. I had that and I had the spinach. I

21 added cheese to it that I buy from the commissary and

22 I had a little bit of the chow stuff in there. I

23 didn't eat a lot of it because it has beans, a lot of

24 beans, and eating too much protein is bad for me. I

25 didn't touch -- I never eat the mashed potatoes


Q. When you asked where were you, in the chow line or

2 your cell?

3 A. Chow line. That's when you have to ask.

4 Q. How many occasions have you asked for a

5 replacement meal?

6 A. Four times.

7 Q. How many times were you given that out of the four

8 times?

9 A. Zero.

10 Q. On all four times was it because of the overcooked

11 vegetables?

12 A. Overcooked or sometimes I guess who put it on the

13 tray it's like it has a little bit and it look like a

14 spill. I say can I get a different tray and they're

15 like no.

16 Q. Any other problems with the dinner meal?

17 A. That's it.

18 Q. Did you eat everything on your tray last night?

19 A. Last night I had -- they had grapes, not grapes

20 but peach fruit. I had that and I had the spinach. I

21 added cheese to it that I buy from the commissary and

22 I had a little bit of the chow stuff in there. I

23 didn't eat a lot of it because it has beans, a lot of

2 beans, and eating too much protein is bad for me. I



Page 23

1 because again, the same problem with taking it and I

2 know it's not real mashed potatoes.

3 Q. Out of curiosity how do you know it's not real

4 mashed potatoes?

5 A. Because it's the mashed potatoes that you -- it's

6 not the one that you get from the ground up. It's

7 processed mashed potato. You can see where the water

8 and the stuff they put in. Sometimes the water is

9 still in there and it's not even mixed in.

10 Q. That means to you it's processed?

11 A. Yes.

12 Q. And it's not real mashed potatoes?

13 A. Yes.

14 Q. You said chow stuff, what do you mean by that?

15 A. The beans they give you with like it looks like

16 soup every day.

17 Q. Is that the slop you referred to?

18 A. Yes.

19 Q. Apart from your medical issues have you ever filed

20 a grievance just relating to the food?

21 A. No.

22 Q. Do you purchase food from the commissary?

23 A. Every week.

24 Q. Explain the food items to me.

25 A. I get cereal bars, cheese, chicken in the pouch.


because again, the same problem with taking it and I

2 know it's not real mashed potatoes.

3 Q. Out of curiosity how do you know it's not real

4 mashed potatoes?

5 A. Because it's the mashed potatoes that you -- it's

6 not the one that you get from the ground up. It's

7 processed mashed potato. You can see where the water

8 and the stuff they put in. Sometimes the water is

9 still in there and it's not even mixed in.

10 Q. That means to you it's processed?

11 A. Yes.

12 Q. And it's not real mashed potatoes?

13 A. Yes.

14 Q. You said chow stuff, what do you mean by that?

15 A. The beans they give you with like it looks like

16 soup every day.

17 Q. Is that the slop you referred to?

18 A. Yes.

19 Q. Apart from your medical issues have you ever filed

20 a grievance just relating to the food?

21 A. No.

22 Q. Do you purchase food from the commissary?

23 A. Every week.

2 Q. Explain the food items to me.



Page 24

1 I get tuna, corn, ranch, cookies, cranberry juice,

2 water, sodas, also chips and, et cetera.

3 Q. You said every week you purchase food?

4 A. Yes. To maintain in here I have to.

5 Q. How much do you spend on each order?

6 A. Every week 125 the max.

7 Q. Is that just for food or hygiene as well?

8 A. That's just for food. So far I've been here I've

9 ordered soap four times and deodorant twice and

10 toothpaste three times and powder once.

11 Q. Is cheese not a protein that affects your medical

12 condition?

13 A. No, only when I lost my kidney I couldn't take

14 cheese. So I'm familiar with all my health stuff.

15 Q. You're able to eat cheese now?

16 A. Yes.

17 Q. You talked about chicken pouch. What is a chicken

18 pouch?

19 A. They sell this pouch in the commissary with

20 chicken inside.

21 Q. That chicken protein doesn't bother your medical

22 condition?

23 A. No.

24 Q. How about tuna?

25 A. I eat tuna like every other week. If I eat any


I get tuna, corn, ranch, cookies, cranberry juice,

2 water, sodas, also chips and, et cetera.

3 Q. You said every week you purchase food?

4 A. Yes. To maintain in here I have to.

5 Q. How much do you spend on each order?

6 A. Every week 125 the max.

7 Q. Is that just for food or hygiene as well?

8 A. That's just for food. So far I've been here I've

9 ordered soap four times and deodorant twice and

10 toothpaste three times and powder once.

11 Q. Is cheese not a protein that affects your medical

12 condition?

13 A. No, only when I lost my kidney I couldn't take

14 cheese. So I'm familiar with all my health stuff.

15 Q. You're able to eat cheese now?

16 A. Yes.

17 Q. You talked about chicken pouch. What is a chicken

18 pouch?

19 A. They sell this pouch in the commissary with

20 chicken inside.

21 Q. That chicken protein doesn't bother your medical

22 condition?

23 A. No.

2



Page 25

1 this week I would eat it twice a week.

2 Q. That protein doesn't bother your medical

3 condition?

4 A. No, because my doctor told me I need to eat

5 protein. She have me eating certain steaks. I try to

6 follow the same diet that she provide for me when I

7 was out.

8 Q. What does that diet consist of?

9 A. Greens, broccoli, spinach, twice a week yams and

10 if I have steak this week she would tell me stay off

11 of it a month again and fish. I was monitored by her

12 every month twice a month because sometimes my plasma

13 cell goes down and my blood counts.

14 Q. So no chicken in that diet?

15 A. Yes, chicken breast and stuff like that.

16 Q. Have you kept a food journal while you were here

17 at Fourth Avenue?

18 A. No, my journal is in my head. I'm dealing with

19 this for six years.

20 Q. Have you kept any notes or a log regarding the

21 food that you've been served here at Fourth Avenue?

22 A. I kept a log, yes, I did.

23 Q. Do you currently have that log?

24 A. I sent it out.

25 Q. Who did you send it out to?


2 Q. That protein doesn't bother your medical

3 condition?

4 A. No, because my doctor told me I need to eat

5 protein. She have me eating certain steaks. I try to

6 follow the same diet that she provide for me when I

7 was out.

8 Q. What does that diet consist of?

9 A. Greens, broccoli, spinach, twice a week yams and

10 if I have steak this week she would tell me stay off

11 of it a month again and fish. I was monitored by her

12 every month twice a month because sometimes my plasma

13 cell goes down and my blood counts.

14 Q. So no chicken in that diet?

15 A. Yes, chicken breast and stuff like that.

16 Q. Have you kept a food journal while you were here


18 A. No, my journal is in my head. I'm dealing with

19 this for six years.

20 Q. Have you kept any notes or a log regarding the

21 food that you've been served here at Fourth Avenue?

22 A. I kept a log, yes, I did.

23 Q. Do you currently have that log?

2 A. I sent it out.



Page 26

1 A. To Osborn.

2 Q. Osborn Maledon?

3 A. Yes.

4 Q. Other than writing down issues regarding your food

5 what else did you put in that log?

6 MR. HALE: We're taking the position that the

7 actual things he wrote is attorney-client privilege. I'm

8 going to instruct you not to say what specifically you

9 wrote. You can talk about broad categories and that type

10 of information.

11 A. Like what, like the condition here?

12 Q. Did you discuss food in that log?

13 A. Yes.

14 Q. Did you discuss recreation in that log?

15 A. Yes.

16 Q. Did you discuss cleaning supplies in that log?

17 A. Yes.

18 Q. Any other broad category that you can think of in

19 that log?

20 A. I discuss the condition in the jail. We have no

21 cleaning supplies in our cell. The filter since I've

22 been here, especially for my health, never been

23 changed.

24 Q. We'll get into all of that.

25 A. I'm giving you the broad things. Also, when I go


2 Q. Osborn Maledon?

3 A. Yes.

4 Q. Other than writing down issues regarding your food

5 what else did you put in that log?

6 MR. HALE: We're taking the position that the

7 actual things he wrote is attorney-client privilege. I'm

8 going to instruct you not to say what specifically you

9 wrote. You can talk about broad categories and that type

10 of information.

11 A. Like what, like the condition here?

12 Q. Did you discuss food in that log?

13 A. Yes.

14 Q. Did you discuss recreation in that log?

15 A. Yes.

16 Q. Did you discuss cleaning supplies in that log?

17 A. Yes.

18 Q. Any other broad category that you can think of in

19 that log?

20 A. I discuss the condition in the jail. We have no

21 cleaning supplies in our cell. The filter since I've

22 been here, especially for my health, never been

23 changed.

2 Q. We'll get into all of that.



Page 27

1 to court, Madison, over 60 people in there. There's

2 no where to sit, sit on the floor. My health -- you

3 may get tired of hearing about it -- but if you

4 research multiple myeloma you see the facility I'm

5 going through the court the bathroom is filthy. You

6 have to take like a bunch of toilet paper if you have

7 to use it and roll it up. It's smelling bad. I can't

8 sit down. When I slide on the floor I slide down like

9 that because we're touching each other.

10 Q. When did you provide that log or journal to Osborn

11 Maledon?

12 A. Sometime in August.

13 Q. How long did you keep that log or journal?

14 A. From the time I got here.

15 Q. So that would have been two weeks, three weeks?

16 A. I've been here for three months, from the time I

17 got here on June 23rd.

18 Q. And you provided it to them?

19 A. Yes.

20 Q. In August sometime?

21 A. Yes, the end of August.

22 Q. I'm going to switch gears to recreation. Are you

23 offered recreation here at Fourth Avenue?

24 A. Recently they just started offering it like every

25 day with a log sheet.


to court, Madison, over 60 people in there. There's

2 no where to sit, sit on the floor. My health -- you

3 may get tired of hearing about it -- but if you

4 research multiple myeloma you see the facility I'm

5 going through the court the bathroom is filthy. You

6 have to take like a bunch of toilet paper if you have

7 to use it and roll it up. It's smelling bad. I can't

8 sit down. When I slide on the floor I slide down like

9 that because we're touching each other.

10 Q. When did you provide that log or journal to Osborn

11 Maledon?

12 A. Sometime in August.

13 Q. How long did you keep that log or journal?

14 A. From the time I got here.

15 Q. So that would have been two weeks, three weeks?

16 A. I've been here for three months, from the time I

17 got here on June 23rd.

18 Q. And you provided it to them?

19 A. Yes.

20 Q. In August sometime?

21 A. Yes, the end of August.

22 Q. I'm going to switch gears to recreation. Are you

23 offered recreation here at Fourth Avenue?

2 A. Recently they just started offering it like every



Page 28

1 Q. What does that mean?

2 A. Before you go into the rec they ask you your name

3 and stuff and let you into the rec. Before they were

4 offered sometimes and the next time they won't.

5 Q. So in the past two weeks they've offered it every

6 day?

7 A. I would say more than two weeks, like three weeks.

8 Q. Before that time how often were you offered

9 recreation?

10 A. They would say rec sometimes. Sometimes they

11 don't say rec.

12 Q. How many days a week?

13 A. Not every day, probably like sometimes five days,

14 sometimes four to tive. Now it's every day.

15 Q. Do you know what the difference is between

16 recreation and hour out?

17 A. Yes.

18 Q. What is the difference?

19 A. Recreation is you go outside and work out in that

20 area they have for rec, and hour out you just outside

21 for an hour in the tables area.

22 Q. In the area that we discussed previously as the

23 day room?

24 A. Yes.

25 Q. How long are you allowed to be out in the


2 A. Before you go into the rec they ask you your name

3 and stuff and let you into the rec. Before they were

4 offered sometimes and the next time they won't.

5 Q. So in the past two weeks they've offered it every

6 day?

7 A. I would say more than two weeks, like three weeks.

8 Q. Before that time how often were you offered

9 recreation?

10 A. They would say rec sometimes. Sometimes they

11 don't say rec.

12 Q. How many days a week?

13 A. Not every day, probably like sometimes five days,

14 sometimes four to tive. Now it's every day.

15 Q. Do you know what the difference is between

16 recreation and hour out?

17 A. Yes.

18 Q. What is the difference?

19 A. Recreation is you go outside and work out in that

20 area they have for rec, and hour out you just outside

21 for an hour in the tables area.

22 Q. In the area that we discussed previously as the

23 day room?

2



Page 29

1 recreation yard?

2 A. One time when I went out they called us back in

3 for half an hour. To give you an idea how I know the

4 time without even looking at the clock, they walk

5 every 20 minutes. So if they do two walks that's 40

6 minutes and if they come back and then before 40

7 minutes up they would open up the door and say tell

8 you to come back in. To get up to my cell I have to

9 pass the clock.

10 Q. Other than that one occasion where you were

11 brought in at 30 minutes, how long are you usually

12 left in the recreational yard?

13 MR. HALE: Object to the form. Go ahead.

14 A. The past three weeks they still leaving you for

15 like close to an hour.

16 Q. Before the past three weeks how long were you out

17 there?

18 A. Half an hour, 40 minutes.

19 Q. How is the announcement made for recreation?

20 A. Over the speaker.

21 Q. A loud speaker?

22 A. Yes.

23 Q. Is recreation offered the same time every day?

24 A. As soon as your cell open up they started doing

25 that now, but before it wasn't the same time. When


recreation yard?

2 A. One time when I went out they called us back in

3 for half an hour. To give you an idea how I know the

4 time without even looking at the clock, they walk

5 every 20 minutes. So if they do two walks that's 40

6 minutes and if they come back and then before 40

7 minutes up they would open up the door and say tell

8 you to come back in. To get up to my cell I have to

9 pass the clock.

10 Q. Other than that one occasion where you were

11 brought in at 30 minutes, how long are you usually

12 left in the recreational yard?

13 MR. HALE: Object to the form. Go ahead.

14 A. The past three weeks they still leaving you for

15 like close to an hour.

16 Q. Before the past three weeks how long were you out

17 there?

18 A. Half an hour, 40 minutes.

19 Q. How is the announcement made for recreation?

20 A. Over the speaker.

21 Q. A loud speaker?

22 A. Yes.

23 Q. Is recreation offered the same time every day?

2 A. As soon as your cell open up they started doing



Page 30

1 you out they would say rec and they open the door.

2 But now they offer it as soon as you open up the door

3 they tell you rec and then I see they have a log sheet

4 now.

5 Q. So that doesn't quite answer my question. Let me

6 clarify. Do they offer recreational yard the same

7 time every day, so today they offer it at 4:00 and

8 tomorrow they're going to offer it at 4:00 or is it

9 different times of the day they offer it?

10 A. They offer it depends how you come out. If you

11 come out in the morning they offer it in the morning.

12 If you come out at night they offer it at night.

13 Q. So it depends when your cells are open and you're

14 in the day room?

15 A. Yes.

16 Q. And to when they will offer you recreation?

17 A. Yes, but that just changed three weeks ago.

18 Before if you out in the morning they would let you

19 out and then it's not a set time. They just open the

20 thing and say rec over the loud speaker.

21 Q. When the rec doors are open are you allowed to

22 come and go into rec as you please?

23 A. No.

24 Q. So if you decide to go out into the yard you need

25 to stay there until they bring you back in, correct?


you out they would say rec and they open the door.

2 But now they offer it as soon as you open up the door

3 they tell you rec and then I see they have a log sheet

4 now.

5 Q. So that doesn't quite answer my question. Let me

6 clarify. Do they offer recreational yard the same

7 time every day, so today they offer it at 4:00 and

8 tomorrow they're going to offer it at 4:00 or is it

9 different times of the day they offer it?

10 A. They offer it depends how you come out. If you

11 come out in the morning they offer it in the morning.

12 If you come out at night they offer it at night.

13 Q. So it depends when your cells are open and you're

14 in the day room?

15 A. Yes.

16 Q. And to when they will offer you recreation?

17 A. Yes, but that just changed three weeks ago.

18 Before if you out in the morning they would let you

19 out and then it's not a set time. They just open the

20 thing and say rec over the loud speaker.

21 Q. When the rec doors are open are you allowed to

22 come and go into rec as you please?

23 A. No.

2 Q. So if you decide to go out into the yard you need



Page 31

1 A. Yes.

2 Q. Can you take water out with you?

3 A. Yes.

4 Q. Can you refill the water outside?

5 A. No, there's no fountain outside.

6 Q. How large is the water that you're able to take

7 out with you?

8 A. The bottle whatever you order off of commissary

9 and you keep it to refill it. That's like a soda

10 bottle.

11 Q. What do you do when you go out to recreation?

12 A. I take my water out and I just take my water out

13 with me.

14 Q. Do you sit there, do you walk around?

15 A. I walk around.

16 Q. That's all, you just walk around?

17 A. Yes.

18 Q. Have you ever declined to go out to recreation?

19 A. Yes.

20 Q. How often?

21 A. A few times I won't go. They don't ask you

22 individually. If you go out, you go out. Now if you

23 go out they keep a record of who went out.

24 Q. Have you ever been refused the opportunity to go

25 to recreation?


2 Q. Can you take water out with you?

3 A. Yes.

4 Q. Can you refill the water outside?

5 A. No, there's no fountain outside.

6 Q. How large is the water that you're able to take

7 out with you?

8 A. The bottle whatever you order off of commissary

9 and you keep it to refill it. That's like a soda

10 bottle.

11 Q. What do you do when you go out to recreation?

12 A. I take my water out and I just take my water out

13 with me.

14 Q. Do you sit there, do you walk around?

15 A. I walk around.

16 Q. That's all, you just walk around?

17 A. Yes.

18 Q. Have you ever declined to go out to recreation?

19 A. Yes.

20 Q. How often?

21 A. A few times I won't go. They don't ask you

22 individually. If you go out, you go out. Now if you

23 go out they keep a record of who went out.

2 Q. Have you ever been refused the opportunity to go



Page 32

1 A. No.

2 Q. Have you filed any grievances regarding

3 recreation?

4 A. No.

5 Q. But you testified previously that you have filed

6 grievances before, correct?

7 A. Yes.

8 Q. When you first arrived to Fourth Avenue you said

9 that you were taken to what cell?

10 A. 3F-127.

11 Q. That's the cell you're currently in, correct?

12 A. Yes.

13 Q. Was your cell clean when you first arrived?

14 A. No.

15 Q. What was wrong with your cell?

16 A. It was that pink stuff that come all through, it

17 was all over. The toilet had some green stuff inside

18 at the bottom. I took plastic and put it over my

19 hands and I cleaned it myself. I sweep out the cell.

20 They have the record that my blood count is dropping.

21 Dr. Freeman said we may have to take you to infirmary

22 because I said my cell is filthy. They move my celly

23 and I clean the cell from top to bottom to the walls.

24 Then they check my blood count every day and it

25 started going back up.


2 Q. Have you filed any grievances regarding

3 recreation?

4 A. No.

5 Q. But you testified previously that you have filed

6 grievances before, correct?

7 A. Yes.

8 Q. When you first arrived to Fourth Avenue you said

9 that you were taken to what cell?

10 A. 3F-127.

11 Q. That's the cell you're currently in, correct?

12 A. Yes.

13 Q. Was your cell clean when you first arrived?

14 A. No.

15 Q. What was wrong with your cell?

16 A. It was that pink stuff that come all through, it

17 was all over. The toilet had some green stuff inside

18 at the bottom. I took plastic and put it over my

19 hands and I cleaned it myself. I sweep out the cell.

20 They have the record that my blood count is dropping.

21 Dr. Freeman said we may have to take you to infirmary

22 because I said my cell is filthy. They move my celly

23 and I clean the cell from top to bottom to the walls.

2 Then they check my blood count every day and it



Page 33

1 Q. You said pink stuff, what pink stuff are you

2 referring to?

3 A. The air filter because it's not being changed. It

4 just keeps circulating the same air and it's like a

5 pink thing all over the jail in the cell. It's there

6 right now. You have to sweep your cell every day.

7 The air conditioner pulls it and it just circulates.

8 Q. What do you think the pink stuff is made out of?

9 MR. HALE: Objection. Foundation.

10 A. I think it's because stuff is not being changed.

11 If the air is circulating you're not changing the

12 filter and it's going to keep blowing around. That's

13 from my experience from being in construction too.

14 Q. From your experience being in construction would

15 you be able to identify what the pink material is made

16 out of?

17 A. No, I won't be able to tell what it's made of but

18 I can tell why it's coming from the air conditioning

19 vent, from the filters not being changed.

20 Q. You said green stuff in the toilet. Was the green

21 stuff cleaning solution?

22 A. No, like mold and stuff like that.

23 Q. Mold in the toilet?

24 A. Like green -- like when you're not cleaning your

25 toilet, the toilet is not being clean, eventually it's


Q. You said pink stuff, what pink stuff are you

2 referring to?

3 A. The air filter because it's not being changed. It

4 just keeps circulating the same air and it's like a

5 pink thing all over the jail in the cell. It's there

6 right now. You have to sweep your cell every day.

7 The air conditioner pulls it and it just circulates.

8 Q. What do you think the pink stuff is made out of?

9 MR. HALE: Objection. Foundation.

10 A. I think it's because stuff is not being changed.

11 If the air is circulating you're not changing the

12 filter and it's going to keep blowing around. That's

13 from my experience from being in construction too.

14 Q. From your experience being in construction would

15 you be able to identify what the pink material is made

16 out of?

17 A. No, I won't be able to tell what it's made of but

18 I can tell why it's coming from the air conditioning

19 vent, from the filters not being changed.

20 Q. You said green stuff in the toilet. Was the green

21 stuff cleaning solution?

22 A. No, like mold and stuff like that.

23 Q. Mold in the toilet?

2 A. Like green -- like when you're not cleaning your



Page 34

1 going to build up green moss in the bottom of the

2 toilet.

3 Q. Were you provided cleaning supplies to clean your

4 cell that day?

5 A. You have to ask. If in the morning you don't get

6 it that's it and you have to wait until the afternoon.

7 If you're not out in the afternoon you won't get it

8 until the next day. You squeeze some in your thing

9 and they tell you you're not allowed to have any

10 extra. You don't have no brush to clean the toilet.

11 You don't have anything. You have to put -- from the

12 chow bag you have to take your chow out when you're

13 finished with it and put the plastic over, hold like

14 that, and scrub it with one of those towels they give.

15 Q. That wasn't my question. Were you provided

16 cleaning supplies on the day when you first got into

17 your cell?

18 A. No.

19 Q. You mentioned that the cleaning supplies are out

20 but you have to get to them first. Where are they

21 stored?

22 A. I mentioned first the cops bring it out.

23 Q. Cops?

24 A. The detention officer, he brings it out and put it

25 by the stairs and leave it there.


going to build up green moss in the bottom of the

2 toilet.

3 Q. Were you provided cleaning supplies to clean your

4 cell that day?

5 A. You have to ask. If in the morning you don't get

6 it that's it and you have to wait until the afternoon.

7 If you're not out in the afternoon you won't get it

8 until the next day. You squeeze some in your thing

9 and they tell you you're not allowed to have any

10 extra. You don't have no brush to clean the toilet.

11 You don't have anything. You have to put -- from the

12 chow bag you have to take your chow out when you're

13 finished with it and put the plastic over, hold like

14 that, and scrub it with one of those towels they give.

15 Q. That wasn't my question. Were you provided

16 cleaning supplies on the day when you first got into

17 your cell?

18 A. No.

19 Q. You mentioned that the cleaning supplies are out

20 but you have to get to them first. Where are they

21 stored?

22 A. I mentioned first the cops bring it out.

23 Q. Cops?

2 A. The detention officer, he brings it out and put it



Page 35

1 Q. How many cleaning supplies are available to you by

2 the stairs?

3 A. Two bottles for 72 inmates.

4 Q. Only two bottles of cleaning supplies are

5 available to you?

6 A. Yes, one disinfectant, one Windex, and some type

7 of smelling solution.

8 Q. A mop isn't available to you?

9 A. The mop is in the bucket downstairs.

10 Q. Downstairs in your pod?

11 A. Yes.

12 Q. Is it available to you?

13 A. Sometimes it's there. Sometimes it's not there.

14 I don't know where it is.

15 Q. When you say sometimes, is it there daily?

16 A. It's not there daily, no. So I don't know where

17 it is.

18 Q. Are there brooms available to you?

19 A. Yes, one broom.

20 Q. Is there a dust pan available to you?

21 A. Yes.

22 Q. You mentioned earlier that you cleaned your cell.

23 Other than the plastic bags that you referred to what

24 did you use to clean your cell?

25 A. Other than that?


Q. How many cleaning supplies are available to you by

2 the stairs?

3 A. Two bottles for 72 inmates.

4 Q. Only two bottles of cleaning supplies are

5 available to you?

6 A. Yes, one disinfectant, one Windex, and some type

7 of smelling solution.

8 Q. A mop isn't available to you?

9 A. The mop is in the bucket downstairs.

10 Q. Downstairs in your pod?

11 A. Yes.

12 Q. Is it available to you?

13 A. Sometimes it's there. Sometimes it's not there.

14 I don't know where it is.

15 Q. When you say sometimes, is it there daily?

16 A. It's not there daily, no. So I don't know where

17 it is.

18 Q. Are there brooms available to you?

19 A. Yes, one broom.

20 Q. Is there a dust pan available to you?

21 A. Yes.

22 Q. You mentioned earlier that you cleaned your cell.

23 Other than the plastic bags that you referred to what

2 did you use to clean your cell?



Page 36

1 Q. Yes.

2 A. That's just to clean the toilet. You asked me

3 about the toilet. That's what I answered.

4 Q. Did you use any other supplies to clean your cell?

5 A. As far as like the broom?

6 Q. Any other supplies?

7 A. The broom is not a supply.

8 Q. When I'm referring to supplies I'm referring to a

9 broom, a mop, a rag, any sort of solution.

10 A. I use one of the towels and the broom.

11 Q. To clean yourself?

12 A. Yes.

13 Q. Are you responsible for cleaning your cell?

14 A. Yes.

15 Q. Do you have a cellmate? You previously testified

16 you do.

17 A. Yes.

18 Q. Is that person responsible for cleaning the cell

19 as well?

20 A. Yes.

21 Q. Do you guys take turns cleaning the cell?

22 A. Yes, but I do it all the time because my health is

23 more important. So I tell him I'll take care of it.

24 Q. How long does it take you to clean your cell?

25 A. Probably like half an hour.


2 A. That's just to clean the toilet. You asked me

3 about the toilet. That's what I answered.

4 Q. Did you use any other supplies to clean your cell?

5 A. As far as like the broom?

6 Q. Any other supplies?

7 A. The broom is not a supply.

8 Q. When I'm referring to supplies I'm referring to a

9 broom, a mop, a rag, any sort of solution.

10 A. I use one of the towels and the broom.

11 Q. To clean yourself?

12 A. Yes.

13 Q. Are you responsible for cleaning your cell?

14 A. Yes.

15 Q. Do you have a cellmate? You previously testified

16 you do.

17 A. Yes.

18 Q. Is that person responsible for cleaning the cell

19 as well?

20 A. Yes.

21 Q. Do you guys take turns cleaning the cell?

22 A. Yes, but I do it all the time because my health is

23 more important. So I tell him I'll take care of it.

2 Q. How long does it take you to clean your cell?



Page 37

1 Q. How often do you clean your cell?

2 A. I mop it out every Sunday and I sweep my cell

3 every day.

4 Q. How often do you disinfect your cell?

5 A. Every day.

6 Q. So cleaning supplies are available for you every

7 day?

8 A. No, I pour some out into my soda bottle and keep

9 it in the cell.

10 Q. So cleaning supplies are not available to you

11 every day?

12 A. No.

13 Q. Have you asked for cleaning supplies?

14 A. If I'm out I ask and if I'm not out, if you ask

15 they wouldn't bring it to you.

16 Q. When you're out, you mean when you're in the day

17 room?

18 A. Yes.

19 Q. When you're out in the day room and you ask for

20 cleaning supplies do they bring them to you?

21 A. Depends on the detainee officer. Sometimes no and

22 sometimes yes.

23 Q. Have there been occasions where you've asked for

24 cleaning supplies when you were out in the day room

25 and they weren't provided to you?


Q. How often do you clean your cell?

2 A. I mop it out every Sunday and I sweep my cell

3 every day.

4 Q. How often do you disinfect your cell?

5 A. Every day.

6 Q. So cleaning supplies are available for you every

7 day?

8 A. No, I pour some out into my soda bottle and keep

9 it in the cell.

10 Q. So cleaning supplies are not available to you

11 every day?

12 A. No.

13 Q. Have you asked for cleaning supplies?

14 A. If I'm out I ask and if I'm not out, if you ask

15 they wouldn't bring it to you.

16 Q. When you're out, you mean when you're in the day

17 room?

18 A. Yes.

19 Q. When you're out in the day room and you ask for

20 cleaning supplies do they bring them to you?

21 A. Depends on the detainee officer. Sometimes no and

22 sometimes yes.

23 Q. Have there been occasions where you've asked for

2 cleaning supplies when you were out in the day room



Page 38

1 A. Yes.

2 Q. Did the officer tell you why they weren't being

3 provided to you?

4 A. He just said next walk and never came.

5 Q. Did you ask again?

6 A. Yes.

7 Q. What happened?

8 A. Next walk.

9 Q. Have you ever received a green towel?

10 A. Yes.

11 Q. When?

12 A. Every Monday. That's the towel they say that's

13 your bath towel. The green towel is to take a shower.

14 Q. You don't use the green towel for cleaning?

15 A. No, I take one of my other towels and use it to

16 clean.

17 Q. But you have a towel to clean?

18 A. No, I use one of the hand towels they give you to

19 dry your skin. They give you three. I take one of

20 those and I use it to clean, to mop the floor, and

21 stuff like that.

22 Q. So they give you three towels. Does that include

23 the green towel or not including the green towel?

24 A. Not including the green towel.

25 Q. So you have four towels total?


2 Q. Did the officer tell you why they weren't being

3 provided to you?

4 A. He just said next walk and never came.

5 Q. Did you ask again?

6 A. Yes.

7 Q. What happened?

8 A. Next walk.

9 Q. Have you ever received a green towel?

10 A. Yes.

11 Q. When?

12 A. Every Monday. That's the towel they say that's

13 your bath towel. The green towel is to take a shower.

14 Q. You don't use the green towel for cleaning?

15 A. No, I take one of my other towels and use it to

16 clean.

17 Q. But you have a towel to clean?

18 A. No, I use one of the hand towels they give you to

19 dry your skin. They give you three. I take one of

20 those and I use it to clean, to mop the floor, and

21 stuff like that.

22 Q. So they give you three towels. Does that include

23 the green towel or not including the green towel?

2 A. Not including the green towel.



Page 39

1 A. One hand towel and -- I'm sorry. One bath towel

2 that you wash, soap your skin up with, and three hand

3 towels.

4 Q. When you're done with cleaning supplies in your

5 cell do you walk them back to where you found them?

6 A. The cleaning supplies that I just told you I pour

7 some into a container. That's in my cell. So I don't

8 need to walk it back. I mix it with shampoo that I

9 bought from the store and disinfectant.

10 Q. So you take the bottle that you previously

11 discussed and you pour that entire thing into your

12 shampoo bottle?

13 A. No, no.

14 Q. So there's some left over in that bottle?

15 A. It's a soda bottle. You can't fill the whole

16 thing up. Most of the time you take a little

17 disinfectant, pour it in, put it in there, and I put

18 some in my shampoo bottle.

19 Q. So there's cleaning supplies left in the original

20 cleaning supply bottle?

21 A. Yes.

22 Q. Do you walk that bottle back to where you found

23 the cleaning supplies?

24 A. Yes.

25 Q. Do officers ever come to your cell asking for


A. One hand towel and -- I'm sorry. One bath towel

2 that you wash, soap your skin up with, and three hand

3 towels.

4 Q. When you're done with cleaning supplies in your

5 cell do you walk them back to where you found them?

6 A. The cleaning supplies that I just told you I pour

7 some into a container. That's in my cell. So I don't

8 need to walk it back. I mix it with shampoo that I

9 bought from the store and disinfectant.

10 Q. So you take the bottle that you previously

11 discussed and you pour that entire thing into your

12 shampoo bottle?

13 A. No, no.

14 Q. So there's some left over in that bottle?

15 A. It's a soda bottle. You can't fill the whole

16 thing up. Most of the time you take a little

17 disinfectant, pour it in, put it in there, and I put

18 some in my shampoo bottle.

19 Q. So there's cleaning supplies left in the original

20 cleaning supply bottle?

21 A. Yes.

22 Q. Do you walk that bottle back to where you found

23 the cleaning supplies?

2



Page 40

1 those cleaning supplies?

2 A. No.

3 Q. Have you ever taken all the cleaning supplies when

4 you poured it into your shampoo bottle?

5 A. No, by the time you get to it there's a little bit

6 in there.

7 Q. So you've never taken the remainder?

8 A. No.

9 Q. Do you know if you're allowed to pour cleaning

10 supplies into your shampoo bottle?

11 A. Yes.

12 Q. Who told you that?

13 A. A few detainees saw me when I poured it in there.

14 They never said anything to me.

15 Q. The detainees never said anything to you?

16 A. The officer, that detention officer.

17 Q. From that you inferred that you're permitted to do

18 that, correct?

19 A. Yes.

20 Q. Have you ever filed a grievance regarding the

21 cleaning supplies?

22 A. No.


24 cleanliness of your cell?

25 A. No.


those cleaning supplies?

2 A. No.

3 Q. Have you ever taken all the cleaning supplies when

4 you poured it into your shampoo bottle?

5 A. No, by the time you get to it there's a little bit

6 in there.

7 Q. So you've never taken the remainder?

8 A. No.

9 Q. Do you know if you're allowed to pour cleaning

10 supplies into your shampoo bottle?

11 A. Yes.

12 Q. Who told you that?

13 A. A few detainees saw me when I poured it in there.

14 They never said anything to me.

15 Q. The detainees never said anything to you?

16 A. The officer, that detention officer.

17 Q. From that you inferred that you're permitted to do

18 that, correct?

19 A. Yes.


21 cleaning supplies?

22 A. No.


2 cleanliness of your cell?



Page 41

1 Q. Have you ever cleaned your mattress?

2 A. I actually talked to Lucky and he switched my

3 mattress out after I showed him it was so filthy.

4 Q. So have you ever cleaned your mattress?

5 A. Yes.

6 Q. How often?

7 A. Every week.

8 Q. How do you clean it?

9 A. I wipe it down with soap and water.

10 Q. You said Lucky switched your mattress out?

11 A. Yes.

12 Q. Who is Lucky?

13 A. He's a detention officer.

14 Q. When did he switch your mattress out?

15 A. I don't recall the day.

16 Q. Last month?

17 A. I don't recall.

18 Q. Is your new mattress fine?

19 MR. HALE: Object to the form.

20 A. Yes, it's okay.

21 Q. Why did you have to switch your mattress out?

22 A. It was all dirty, cut up, and you could see the

23 sponge coming out of it.

24 Q. Have you ever been to Madison?

25 A. Yes.


Q. Have you ever cleaned your mattress?

2 A. I actually talked to Lucky and he switched my

3 mattress out after I showed him it was so filthy.

4 Q. So have you ever cleaned your mattress?

5 A. Yes.

6 Q. How often?

7 A. Every week.

8 Q. How do you clean it?

9 A. I wipe it down with soap and water.

10 Q. You said Lucky switched your mattress out?

11 A. Yes.

12 Q. Who is Lucky?

13 A. He's a detention officer.

14 Q. When did he switch your mattress out?

15 A. I don't recall the day.

16 Q. Last month?

17 A. I don't recall.

18 Q. Is your new mattress fine?

19 MR. HALE: Object to the form.

20 A. Yes, it's okay.

21 Q. Why did you have to switch your mattress out?

22 A. It was all dirty, cut up, and you could see the

23 sponge coming out of it.

2 Q. Have you ever been to Madison?



Page 42

1 Q. How many times?

2 A. On the 29th, the 10th. The 29th of June, the 10th

3 of July, the 17th, the 19th.

4 Q. The 17th and 19th of July or August or September.

5 A. Sorry, the 29th of June, the 10th of July, the

6 17th of July, the 19th of July, and another day in

7 July. I can't think but I have it all marked down and

8 the 2nd of September. I'm about to go back on October

9 11th.

10 MR. BECKSTEAD: Maybe sooner.

11 Q. So that's five total times that you can remember?

12 A. Yes.

13 Q. And you're going to go in October if not sooner?

14 MR. HALE: I counted six because there was one

15 day in July he couldn't recall.

16 A. I can't recall but I have it marked.

17 Q. The last time that you were there was September

18 2nd, correct?

19 A. Yes.

20 Q. What time of the day were you pulled out of here

21 to go?

22 A. They wake you up at 3:00, brought me outside at

23 4:00, and I stayed like 30 of us right out there in

24 that standing thing.

25 Q. In the hallway you're referring to?


Q. How many times?

2 A. On the 29th, the 10th. The 29th of June, the 10th

3 of July, the 17th, the 19th.

4 Q. The 17th and 19th of July or August or September.

5 A. Sorry, the 29th of June, the 10th of July, the

6 17th of July, the 19th of July, and another day in

7 July. I can't think but I have it all marked down and

8 the 2nd of September. I'm about to go back on October

9 11th.

10 MR. BECKSTEAD: Maybe sooner.

11 Q. So that's five total times that you can remember?

12 A. Yes.

13 Q. And you're going to go in October if not sooner?

14 MR. HALE: I counted six because there was one

15 day in July he couldn't recall.

16 A. I can't recall but I have it marked.

17 Q. The last time that you were there was September

18 2nd, correct?

19 A. Yes.

20 Q. What time of the day were you pulled out of here

21 to go?

22 A. They wake you up at 3:00, brought me outside at

23 4:00, and I stayed like 30 of us right out there in

2 that standing thing.



Page 43

1 A. The holding pen right here, those two holding

2 pens. They put like 30 of us in there. Everybody

3 that goes to court goes in there like sardines.

4 Q. So you think it was around 4:00?

5 A. No, I know it's 4:00. You pass the clock. I be

6 like wow, it's 4:00 and my court is at 11:00.

7 Q. What time do you think you arrive at Madison, if

8 you know?

9 A. Then at 5:00 they walk you down. When you get

10 through the tunnel there's a big clock right there.

11 It's around like 5:00 and they give you your chow and

12 sat you down in the thing.

13 Q. So you think around 5:00 you get to Madison?

14 A. Yes, 5:00, 5:50, 5:30 sometimes.

15 Q. You said they give you your chow?

16 A. As soon as you get through the last tunnel into

17 Madison.

18 Q. They give you your morning breakfast?

19 A. Yes, as you come out they hand you a sack right

20 there.

21 Q. Is it the same sack you're given here at the

22 Fourth Avenue jail?

23 A. The only difference is they give you juice instead

24 of milk.

25 Q. Did you drink the juice?


A. The holding pen right here, those two holding

2 pens. They put like 30 of us in there. Everybody

3 that goes to court goes in there like sardines.

4 Q. So you think it was around 4:00?

5 A. No, I know it's 4:00. You pass the clock. I be

6 like wow, it's 4:00 and my court is at 11:00.

7 Q. What time do you think you arrive at Madison, if

8 you know?

9 A. Then at 5:00 they walk you down. When you get

10 through the tunnel there's a big clock right there.

11 It's around like 5:00 and they give you your chow and

12 sat you down in the thing.

13 Q. So you think around 5:00 you get to Madison?

14 A. Yes, 5:00, 5:50, 5:30 sometimes.

15 Q. You said they give you your chow?

16 A. As soon as you get through the last tunnel into

17 Madison.

18 Q. They give you your morning breakfast?

19 A. Yes, as you come out they hand you a sack right

20 there.

21 Q. Is it the same sack you're given here at the

22 Fourth Avenue jail?

23 A. The only difference is they give you juice instead

2 of milk.



Page 44

1 A. Yes.

2 Q. Do you usually drink the milk?

3 A. Sometimes.

4 Q. Where were you placed in Madison on the last

5 occasion?

6 A. On the last occasion they put me in cell six.

7 Then they move me to cell seven. Then they brought me

8 around to cell three.

9 Q. This may be a stupid question, but how did you

10 know the cell numbers?

11 A. It's on the door.

12 Q. Were there toilets in those cells?

13 A. Yes.

14 Q. In all three?

15 A. Yes.

16 Q. Were there sinks in all three of those cells?

17 A. Yes.

18 Q. Do you know why you were moved from cell to cell?

19 A. No.

20 Q. How many inmates were in cell six was the first

21 one you said?

22 A. Yes.

23 Q. How many inmates were in cell six with you?

24 A. It was 32. I counted.

25 Q. How many times did you count?


2 Q. Do you usually drink the milk?

3 A. Sometimes.

4 Q. Where were you placed in Madison on the last

5 occasion?

6 A. On the last occasion they put me in cell six.

7 Then they move me to cell seven. Then they brought me

8 around to cell three.

9 Q. This may be a stupid question, but how did you

10 know the cell numbers?

11 A. It's on the door.

12 Q. Were there toilets in those cells?

13 A. Yes.

14 Q. In all three?

15 A. Yes.

16 Q. Were there sinks in all three of those cells?

17 A. Yes.

18 Q. Do you know why you were moved from cell to cell?

19 A. No.

20 Q. How many inmates were in cell six was the first

21 one you said?

22 A. Yes.

23 Q. How many inmates were in cell six with you?

2 A. It was 32. I counted.



Page 45

1 A. I count every time. Every time I sit there I

2 count. As they leave I count back again so I know how

3 many left.

4 Q. So the maximum amount was 32?

5 A. Yes.

6 Q. How many times did you count 32 people?

7 A. Several times. Some people are standing because

8 there's no where to sit and you're stepping over

9 people.

10 Q. How many inmates were in cell seven?

11 A. It was 20 of us.

12 Q. Same question, did you count?

13 A. Yes.

14 Q. How many times did you count 20?

15 A. A few times.

16 Q. Cell three was your last cell, correct?

17 A. Yes.

18 Q. How many inmates were in there?

19 A. I counted as soon as I walked in it was -- oh, on

20 the second was 52 people in there, 52.

21 Q. On the second?

22 A. Yes, the second.

23 MR. HALE: September 2nd.

24 Q. So 52 people in cell three?

25 A. Yes.


A. I count every time. Every time I sit there I

2 count. As they leave I count back again so I know how

3 many left.

4 Q. So the maximum amount was 32?

5 A. Yes.

6 Q. How many times did you count 32 people?

7 A. Several times. Some people are standing because

8 there's no where to sit and you're stepping over

9 people.

10 Q. How many inmates were in cell seven?

11 A. It was 20 of us.

12 Q. Same question, did you count?

13 A. Yes.

14 Q. How many times did you count 20?

15 A. A few times.

16 Q. Cell three was your last cell, correct?

17 A. Yes.

18 Q. How many inmates were in there?

19 A. I counted as soon as I walked in it was -- oh, on

20 the second was 52 people in there, 52.

21 Q. On the second?

22 A. Yes, the second.

23 MR. HALE: September 2nd.

2 Q. So 52 people in cell three?



Page 46

1 Q. How many times did you count?

2 A. That time I counted like three times.

3 Q. When you were in those cells would inmates lay

4 down?

5 A. Yes.

6 Q. Would inmates sit down?

7 A. Yes.

8 Q. Would inmates stand?

9 A. You had to stand because you have no where to sit

10 on the floor.

11 Q. But you just told me some inmates laid down on the

12 floor.

13 A. Some are laying on the floor so the rest have to

14 stand because there's no where else to lay on the

15 floor or stand on the floor.

16 Q. Because inmates are lying down?

17 A. Yes.

18 Q. Did you try to sit on the ground?

19 A. I sat on the ground by the door with my legs

20 crammed to my chest.

21 Q. Were you touching another inmate when you did

22 that?

23 A. Yes, that's why I crammed my legs up. When I go

24 like that sitting I'm hitting the guy in front of me.

25 Q. Were the cells clean?


Q. How many times did you count?

2 A. That time I counted like three times.

3 Q. When you were in those cells would inmates lay

4 down?

5 A. Yes.

6 Q. Would inmates sit down?

7 A. Yes.

8 Q. Would inmates stand?

9 A. You had to stand because you have no where to sit

10 on the floor.

11 Q. But you just told me some inmates laid down on the

12 floor.

13 A. Some are laying on the floor so the rest have to

14 stand because there's no where else to lay on the

15 floor or stand on the floor.

16 Q. Because inmates are lying down?

17 A. Yes.

18 Q. Did you try to sit on the ground?

19 A. I sat on the ground by the door with my legs

20 crammed to my chest.

21 Q. Were you touching another inmate when you did

22 that?

23 A. Yes, that's why I crammed my legs up. When I go

2 like that sitting I'm hitting the guy in front of me.



Page 47

1 A. To my standard, no.

2 Q. Tell me what was wrong with the cells.

3 A. You could smell urine. It was filthy. The

4 ceiling, they had like feces on the ceiling. There

5 was toilet paper all on the vent. So the walls are

6 all disgusting, the bathroom. The toilet is not

7 working properly. When you hit the water, like I use

8 the bathroom, the urinal, and I hit the thing and

9 water just gouged out. That was in cell seven and

10 then in three, it's corroded. When you hit for water

11 the hole is like running over like that. You can't

12 drink. I'm not going to put my mouth on that.

13 Q. How do you know it was feces on the ceiling?

14 A. You could look at it and see.

15 Q. Could you tell by looking that it was feces?

16 A. Yes.

17 Q. You said there was toilet paper in the wire?

18 A. Toilet paper in the air conditioning vents.

19 Q. Was there toilet paper for use in the cell?

20 A. Yes.

21 Q. Was there soap?

22 A. No.

23 Q. Did you ask for soap?

24 A. No. When you ask for stuff in here they ignore

25 you like it doesn't exist. So they're like quiet and


A. To my standard, no.

2 Q. Tell me what was wrong with the cells.

3 A. You could smell urine. It was filthy. The

4 ceiling, they had like feces on the ceiling. There

5 was toilet paper all on the vent. So the walls are

6 all disgusting, the bathroom. The toilet is not

7 working properly. When you hit the water, like I use

8 the bathroom, the urinal, and I hit the thing and

9 water just gouged out. That was in cell seven and

10 then in three, it's corroded. When you hit for water

11 the hole is like running over like that. You can't

12 drink. I'm not going to put my mouth on that.

13 Q. How do you know it was feces on the ceiling?

14 A. You could look at it and see.

15 Q. Could you tell by looking that it was feces?

16 A. Yes.

17 Q. You said there was toilet paper in the wire?

18 A. Toilet paper in the air conditioning vents.

19 Q. Was there toilet paper for use in the cell?

20 A. Yes.

21 Q. Was there soap?

22 A. No.

23 Q. Did you ask for soap?

2 A. No. When you ask for stuff in here they ignore



Page 48

1 walk past you. If you lucky they answer you.

2 Q. But you didn't ask for soap?

3 A. No.

4 Q. Did you talk to anyone regarding what you

5 described as the filth in the holding cell?


7 A. Anyone as far as who?

8 Q. A detention officer.

9 A. No.

10 Q. How many grievances do you think you filed being


12 A. Two.

13 Q. Two grievances?

14 A. Yes.

15 Q. Have you filed any grievances regarding Madison?

16 A. No.

17 Q. What were those two grievances?

18 A. My health and another detainee officer that left

19 me locked up when my attorney came to visit me and

20 wouldn't let me out. I had to go back into the

21 bathroom. He wouldn't let me out. I keep pressing

22 the button.

23 Q. One has to do with your legal visitation?

24 A. Yes.

25 Q. You said a detainee officer. Did you mean a


walk past you. If you lucky they answer you.

2 Q. But you didn't ask for soap?

3 A. No.

4 Q. Did you talk to anyone regarding what you

5 described as the filth in the holding cell?


7 A. Anyone as far as who?

8 Q. A detention officer.

9 A. No.

10 Q. How many grievances do you think you filed being


12 A. Two.

13 Q. Two grievances?

14 A. Yes.

15 Q. Have you filed any grievances regarding Madison?

16 A. No.

17 Q. What were those two grievances?

18 A. My health and another detainee officer that left

19 me locked up when my attorney came to visit me and

20 wouldn't let me out. I had to go back into the

21 bathroom. He wouldn't let me out. I keep pressing

22 the button.

23 Q. One has to do with your legal visitation?

2



Page 49

1 detention officer?

2 A. Yes.

3 Q. And then the other one has to do with your health

4 issues?

5 A. Yes.

6 Q. What has been the result of those two grievances?

7 A. So far just waiting.

8 Q. Has anyone met with you regarding those

9 grievances?

10 A. The sergeant, I gave it to him and then he gave it

11 back to the detention officer. He came back to me and

12 told me he didn't leave me in there. He wasn't in the

13 tour and I said yes, you were.

14 Q. So you're familiar with the grievance process?


16 Q. You know how to file a grievance?

17 A. Yes.

18 MS. ALICE: I have no other questions.

19 MR. HALE: I don't have any questions.

20 EXAMINATION BY

21 MR. BECKSTEAD:

22 Q. Do you want to talk about your health?

23 A. Yes.

24 Q. What is multiple myeloma?

25 A. Multiple myeloma is where my body is constantly


2 A. Yes.

3 Q. And then the other one has to do with your health

4 issues?

5 A. Yes.

6 Q. What has been the result of those two grievances?

7 A. So far just waiting.

8 Q. Has anyone met with you regarding those

9 grievances?

10 A. The sergeant, I gave it to him and then he gave it

11 back to the detention officer. He came back to me and

12 told me he didn't leave me in there. He wasn't in the

13 tour and I said yes, you were.

14 Q. So you're familiar with the grievance process?


16 Q. You know how to file a grievance?

17 A. Yes.

18 MS. ALICE: I have no other questions.

19 MR. HALE: I don't have any questions.

20 EXAMINATION BY

21 MR. BECKSTEAD:

22 Q. Do you want to talk about your health?

23 A. Yes.

2 Q. What is multiple myeloma?



Page 50

1 making protein and my blood count, if it's not

2 monitored properly, I would have to get a blood

3 transfusion, plasma transfusion. It's a very serious

4 disease.

5 Q. Is it a cancer of the plasma of your blood?

6 A. Yes.

7 Q. Have you had a bone marrow transfusion in the past

8 because of this?

9 A. Yes.

10 Q. Have you had kidney failure because of this?

11 A. Oh, yes.

12 Q. Have you had dialysis?

13 A. Yes.

14 Q. Is the correctional health services aware of your

15 condition?

16 A. Yes.

17 Q. What have they done to treat it?

18 A. Nothing.

19 Q. Are you passing blood?

20 A. Yes.

21 MS. ALICE: As long as we're clear, correctional

22 health services and everything having to do with his

23 medical is not at issue at this evidentiary hearing.

24 MR. HALE: As you know, I'm just here to fill

25 in. I don't know the scope of the evidentiary hearing.


making protein and my blood count, if it's not

2 monitored properly, I would have to get a blood

3 transfusion, plasma transfusion. It's a very serious

4 disease.

5 Q. Is it a cancer of the plasma of your blood?

6 A. Yes.

7 Q. Have you had a bone marrow transfusion in the past

8 because of this?

9 A. Yes.

10 Q. Have you had kidney failure because of this?

11 A. Oh, yes.

12 Q. Have you had dialysis?

13 A. Yes.

14 Q. Is the correctional health services aware of your

15 condition?

16 A. Yes.

17 Q. What have they done to treat it?

18 A. Nothing.

19 Q. Are you passing blood?

20 A. Yes.

21 MS. ALICE: As long as we're clear, correctional

22 health services and everything having to do with his

23 medical is not at issue at this evidentiary hearing.

2 MR. HALE: As you know, I'm just here to fill



Page 51

1 MS. ALICE: Medical and correctional services

2 are not an issue.

3 MR. HALE: I have to take your word for it. I

4 couldn't make any representation as to the scope.

5 BY MR. BECKSTEAD:

6 Q. How long has correctional health services been

7 aware of your problem?

8 A. From the time I arrived here on June 23rd.

9 Q. Are you passing blood every day?

10 A. Yes.

11 Q. How much?

12 A. A lot and I've been getting lightheaded and

13 complain about my pain and I saw Dr. Freeman.

14 Q. Who is Dr. Freeman?

15 A. Dr. Freeman is one of the doctors that works here

16 at Fourth Avenue jail. He pressed down on my stomach

17 and he said hey man, you're a big guy, what a little

18 pain would do. After I went back two days after I

19 thought I had to use the bathroom, like I have

20 diarrhea and all blood came out. I got scared and I

21 fill out another thing.

22 Q. By another thing you mean a grievance?

23 A. Another medical stuff and said I'm passing blood

24 in my stool. I'm still having pain, severe pain, in

25 my stomach. I fill that out on the 18th and then they


2 are not an issue.

3 MR. HALE: I have to take your word for it. I

4 couldn't make any representation as to the scope.

5 BY MR. BECKSTEAD:

6 Q. How long has correctional health services been

7 aware of your problem?

8 A. From the time I arrived here on June 23rd.

9 Q. Are you passing blood every day?

10 A. Yes.

11 Q. How much?

12 A. A lot and I've been getting lightheaded and

13 complain about my pain and I saw Dr. Freeman.

14 Q. Who is Dr. Freeman?

15 A. Dr. Freeman is one of the doctors that works here

16 at Fourth Avenue jail. He pressed down on my stomach

17 and he said hey man, you're a big guy, what a little

18 pain would do. After I went back two days after I

19 thought I had to use the bathroom, like I have

20 diarrhea and all blood came out. I got scared and I

21 fill out another thing.

22 Q. By another thing you mean a grievance?

23 A. Another medical stuff and said I'm passing blood

2 in my stool. I'm still having pain, severe pain, in



Page 52

1 brought me down on the 20th and I saw another doctor.

2 I walked in there and I asked him, "What is your name,

3 sir?" He said, "Don't worry about my name." I said,

4 "Sir, what is your name?"

5 He said, "126" in a very upsetting voice. He

6 asked me what is the problem and I said I'm having

7 pain in my stomach. He said from one to ten what is

8 the pain. I said a ten and I'm passing blood in my

9 stool. He said okay. I told him I had multiple

10 myeloma and he said okay, there's two ways we can test

11 you for the blood loss. I asked him okay, what is the

12 two ways.

13 He said the first way we take your blood and test

14 your blood count or the second way is I can KY jelly

15 and my finger and put it in your rectum and feel

16 around and stuff. I said sir, I prefer you to do the

17 first way. He said get out and the detention officer,

18 Officer Reed, he was there with the door closed. He

19 looked at me and I said sir, Dr. Mosbacher, my

20 multiple myeloma doctor in California has been dealing

21 with my case for six years. She never test me with

22 her finger in the rectum. She always take my blood

23 and say okay, yes, you're losing a lot of blood. They

24 walk me back at the time and I call you and I called

25 my family.


brought me down on the 20th and I saw another doctor.

2 I walked in there and I asked him, "What is your name,

3 sir?" He said, "Don't worry about my name." I said,

4 "Sir, what is your name?"

5 He said, "126" in a very upsetting voice. He

6 asked me what is the problem and I said I'm having

7 pain in my stomach. He said from one to ten what is

8 the pain. I said a ten and I'm passing blood in my

9 stool. He said okay. I told him I had multiple

10 myeloma and he said okay, there's two ways we can test

11 you for the blood loss. I asked him okay, what is the

12 two ways.

13 He said the first way we take your blood and test

14 your blood count or the second way is I can KY jelly

15 and my finger and put it in your rectum and feel

16 around and stuff. I said sir, I prefer you to do the

17 first way. He said get out and the detention officer,

18 Officer Reed, he was there with the door closed. He

19 looked at me and I said sir, Dr. Mosbacher, my

20 multiple myeloma doctor in California has been dealing

21 with my case for six years. She never test me with

22 her finger in the rectum. She always take my blood

23 and say okay, yes, you're losing a lot of blood. They

2 walk me back at the time and I call you and I called



Page 53

1 Q. By me you mean?

2 A. I call my lawyer, Jay. I called my family and

3 they called the doctor and he said keep a record of

4 everything. Nothing happened and I heard I was

5 supposed to go to the hospital on Monday. No one came

6 and got me.

7 Q. Last Monday?

8 A. This Monday, this past Monday, which is the 26th.

9 No one came and got me. I fill out another medical

10 stuff again yesterday saying second request,

11 explaining what I just described of Dr. 126. Oh

12 sorry, I fill out a grievance and I explain everything

13 that took place, put the detention officer's name

14 there.

15 A sergeant came by, met with me, and he said wow,

16 this is unreal and fill it out. He said it would take

17 11 days though for them to get back to you and he said

18 I recommend you fill out another second request about

19 your health and see what happens again. I did that

20 and that's when I fill it out and I put second request

21 because I'm still passing blood.

22 Q. How much did you weigh when you first arrived

23 here?

24 A. I weighed in California 240 and I got here at 236.

25 I requested my medical record --


Q. By me you mean?

2 A. I call my lawyer, Jay. I called my family and

3 they called the doctor and he said keep a record of

4 everything. Nothing happened and I heard I was

5 supposed to go to the hospital on Monday. No one came

6 and got me.

7 Q. Last Monday?

8 A. This Monday, this past Monday, which is the 26th.

9 No one came and got me. I fill out another medical

10 stuff again yesterday saying second request,

11 explaining what I just described of Dr. 126. Oh

12 sorry, I fill out a grievance and I explain everything

13 that took place, put the detention officer's name

14 there.

15 A sergeant came by, met with me, and he said wow,

16 this is unreal and fill it out. He said it would take

17 11 days though for them to get back to you and he said

18 I recommend you fill out another second request about

19 your health and see what happens again. I did that

20 and that's when I fill it out and I put second request

21 because I'm still passing blood.

22 Q. How much did you weigh when you first arrived

23 here?

2 A. I weighed in California 240 and I got here at 236.



Page 54

1 Q. How much do you weigh now?

2 A. I'm at 208. I dropped all the way down to 190. I

3 was losing weight, nine pounds a week, and they have

4 the record of it.

5 Q. Do you take specific medicine for your multiple

6 myeloma?

7 A. Yes, Revlimid.

8 Q. Is it a dangerous drug?

9 A. Very dangerous.

10 Q. If you overdoes on it can it kill you?

11 A. Yes.

12 Q. Have they offered it to you more than once in a

13 day?

14 A. Yes.

15 Q. Have they instructed you to take it more than the

16 indicated dosage?

17 A. Yes.

18 MS. ALICE: I'm going to object again. Medical

19 issues are not an issue at this deposition. I have a

20 standing objection to all these questions.

21 Q. And the medicine, have you been continuously

22 provided it on a schedule per the medical doctors?

23 A. Not per schedule.

24 Q. Why and how?

25 A. My Revlimid I should be taking it for 21 days and


Q. How much do you weigh now?

2 A. I'm at 208. I dropped all the way down to 190. I

3 was losing weight, nine pounds a week, and they have

4 the record of it.

5 Q. Do you take specific medicine for your multiple

6 myeloma?

7 A. Yes, Revlimid.

8 Q. Is it a dangerous drug?

9 A. Very dangerous.

10 Q. If you overdoes on it can it kill you?

11 A. Yes.

12 Q. Have they offered it to you more than once in a

13 day?

14 A. Yes.

15 Q. Have they instructed you to take it more than the

16 indicated dosage?

17 A. Yes.

18 MS. ALICE: I'm going to object again. Medical

19 issues are not an issue at this deposition. I have a

20 standing objection to all these questions.

21 Q. And the medicine, have you been continuously

22 provided it on a schedule per the medical doctors?

23 A. Not per schedule.

2



Page 55

1 off a week. For two times when Dr. Mosbacher said she

2 can't because it's a liability for Norris Hospital.

3 These doctors are not multiple myeloma doctors and if

4 something happened to me, and she said it will because

5 I'm not seen by multiple myeloma doctors, she has to

6 stop.

7 So she was calling in the prescription and it was

8 correctly. The jail took it over for two months. The

9 first month I was off of it five days. It was delayed

10 and then this month here again, it was delayed. I was

11 off of it. Instead of seven days I was off 13 days

12 and that's when all this stuff started. I have warts

13 coming out all over my skin now, all over my feet.

14 I'm bleeding from my feet. I could show you guys. I

15 showed the doctor today and he was like wow.

16 The medication costs $9,000 every 21 days and the

17 nurses, I won't mention names until the appropriate

18 time, they're like Mr. Braithwaite they're upstairs

19 arguing about your medication because it costs a lot.

20 The medication, they only take cash and American

21 Express. How I know, I had to pay it that way for six

22 years.

23 MR. BECKSTEAD: No further questions.

24 MR. HALE: Nothing further.

25 (Time noted: 11:12 a.m.)


2 can't because it's a liability for Norris Hospital.

3 These doctors are not multiple myeloma doctors and if

4 something happened to me, and she said it will because

5 I'm not seen by multiple myeloma doctors, she has to

6 stop.

7 So she was calling in the prescription and it was

8 correctly. The jail took it over for two months. The

9 first month I was off of it five days. It was delayed

10 and then this month here again, it was delayed. I was

11 off of it. Instead of seven days I was off 13 days

12 and that's when all this stuff started. I have warts

13 coming out all over my skin now, all over my feet.

14 I'm bleeding from my feet. I could show you guys. I

15 showed the doctor today and he was like wow.

16 The medication costs $9,000 every 21 days and the

17 nurses, I won't mention names until the appropriate

18 time, they're like Mr. Braithwaite they're upstairs

19 arguing about your medication because it costs a lot.

20 The medication, they only take cash and American

21 Express. How I know, I had to pay it that way for six

22 years.

23 MR. BECKSTEAD: No further questions.

2 MR. HALE: Nothing further.



Page 56

1 SIGNATURE OF THE WITNESS

2

3

4 I, WARREN BRAITHWAITE, hereby certify

5 that I have read the transcript of my testimony taken

6 under oath in my deposition of September 27, 2011;

7 that the transcript is a true and complete record of

8 my testimony, and that the answers on the record as

9 given by me are true and correct.

10

11

12 ___________________________ _____________

13 WARREN BRAITHWAITE Date

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2

3

4 I, WARREN BRAITHWAITE, hereby certify

5 that I have read the transcript of my testimony taken

6 under oath in my deposition of September 27, 2011;

7 that the transcript is a true and complete record of

8 my testimony, and that the answers on the record as

9 given by me are true and correct.

10

11

12 ___________________________ _____________

13 WARREN BRAITHWAITE Date

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Page 57

1 STATE OF ARIZONA )2 ) ss.3 COUNTY OF MARICOPA )45 BE IT KNOWN that the foregoing deposition was taken

before me, Nicole Sesta, RPR, a Certified Reporter,6 Certificate #50854, for the State of Arizona, and by

virtue thereof authorized to administer an oath; that7 the witness before testifying was duly sworn by me to

testify to the whole truth; that the questions8 propounded to the witness and the answers of the

witness thereto were taken down by me in shorthand and9 thereafter reduced to print by computer-aided

transcription under my direction; that pursuant to10 request, notification was provided that

the deposition is available for review and signature;11 that the transcript consisting of 57 pages is a full,

true and accurate transcript of all proceedings and12 testimony had and adduced upon the taking of said

deposition, all done to the best of my skill and13 ability.14 I FURTHER CERTIFY that I am in no way

related to nor employed by any of the parties hereto15 nor am I in any way interested in the outcome hereof.16 DATED at Glendale, Arizona, October 7, 2011.17 _____________________________

Nicole Sesta, RPR18 Certified Reporter #5085419202122232425


STATE OF ARIZONA )2 ) ss.3 COUNTY OF MARICOPA )45 BE IT KNOWN that the foregoing deposition was taken

before me, Nicole Sesta, RPR, a Certified Reporter,6 Certificate #50854, for the State of Arizona, and by

virtue thereof authorized to administer an oath; that7 the witness before testifying was duly sworn by me to

testify to the whole truth; that the questions8 propounded to the witness and the answers of the

witness thereto were taken down by me in shorthand and9 thereafter reduced to print by computer-aided

transcription under my direction; that pursuant to10 request, notification was provided that

the deposition is available for review and signature;11 that the transcript consisting of 57 pages is a full,

true and accurate transcript of all proceedings and12 testimony had and adduced upon the taking of said

deposition, all done to the best of my skill and13 ability.14 I FURTHER CERTIFY that I am in no way

related to nor employed by any of the parties hereto15 nor am I in any way interested in the outcome hereof.16 DATED at Glendale, Arizona, October 7, 2011.17 _____________________________

Nicole Sesta, RPR18 Certified Reporter #508541920212223


Documents

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