Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 1 of 321 Page ID #:3256 EXHIBIT 15 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 2 of 321 Page ID #:3257 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 OMAR ARNOLDO RIVERA MARTINEZ; ) 3 ISAAC ANTONIO LOPEZ CASTILLO; ) 4 JOSUE VLADIMIR CORTEZ DIAZ; JOSUE ) MATEO LEMUS CAMPOS; MARVIN JOSUE ) 5 GRANDE RODRIGUEZ; ALEXANDER ANTONIO) 6 BURGOS MEJIA; LUIS PEÑA GARCIA; ) JULIO CESAR BARAHONA CORNEJO, AS ) INDIVIDUALS, ) 7 8 PLAINTIFFS, 9 VS. ) CASE NO.: ) 5:18-CV-01125-R-GJS 10 THE GEO GROUP, INC., A FLORIDA 11 CORPORATION; THE CITY OF ADELANTO, ) 12 A MUNICIPAL ENTITY; GEO LIEUTENANT ) 13 DURAN, SUED IN HER INDIVIDUAL ) 14 CAPACITY; GEO LIEUTENANT DIAZ, ) SUED IN HER INDIVIDUAL CAPACITY; ) GEO SERGEANT CAMPOS, SUED IN HIS ) INDIVIDUAL CAPACITY; SARAH JONES, ) 16 SUED IN HER INDIVIDUAL CAPACITY; ) 17 THE UNITED STATES OF AMERICA; AND ) 18 DOES 1-10, INDIVIDUALS; ) 15 DEFENDANTS. 19 ) ) ___________________________________) 20 DEPOSITION OF LIEUTENANT JANE LYNN DIAZ 21 THURSDAY, MAY 9, 2019 22 JOB NO.: 3295953 23 REPORTED BY: 24 25 CARLA J. AMBRIZ, CSR NO. 12504 TINA MARIE LITCHFIELD, CSR NO. 12409 Pages 1- 357 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 3 of 321 Page ID #:3258 1 2 THE WITNESS: No. BY MS. STEINBACK: 3 Q Do you understand the question? 4 A Yes, I understand the question. Like I said, 5 again, there's nothing in our policy stating that we are 6 not to deploy spray while they're in the segregation 7 cells. 8 9 10 Q So you would say that it's an example of something where there was no policy, but there was a procedure covering it? 11 MS. AGUADO: Objection. Again, it's misstating 12 her testimony. 13 knowledgeable on GEO's policies and procedures. 14 BY MS. STEINBACK: 15 16 Q Also, she's not the person most I'm just asking for your knowledge based on your tenure with GEO. 17 A That's unknown. I do not know. 18 Q But you would certainly agree with me, this was 19 a situation where you learned that a procedure that you 20 thought was -- or strike that. 21 You would certainly agree with me that this was 22 a situation where you figured what you were doing was in 23 accordance with policy and you didn't realize that it in 24 some way violated a procedure; is that right? 25 A Yes. Page 13 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 4 of 321 Page ID #:3259 1 Q With the more recent incident for which you 2 were terminated, did you respond in any way to the 3 allegations that were made against you? 4 A No. 5 Q And just to be clear, in that incident, you 6 filed a use-of-force report; is that correct? 7 A No. 8 Q What report was that that they alleged that you 9 had lied in? 10 A This -- this one that I just talked about? 11 Q The -- the pepper spray incident. 12 A Where I attempted to use pepper spray. 13 Q Correct. 14 A Yeah. 15 Q So you didn't make any report? 16 A Yeah. No. I did my reports. I advised the 17 captains and all that. 18 I'm put on administrative leave without pay. 19 20 21 22 23 24 25 Q And then the next thing I know What were the reports that you created during that incident? A Just an e-mail and a verbal to the captain on what happened and to the chief of security. Q Why did you make those reports to the captain and the chief of security? A Because the detainee at the time, when he was Page 20 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 5 of 321 Page ID #:3260 1 and the doctors know that there was an issue with one of 2 the detainees, and then they would take it from there. 3 BY MS. STEINBACK: 4 Q Were you trained on hunger strikes? 5 A Yes. 6 Q Were you trained on how to communicate with the 7 detainees? 8 A Yes. 9 Q Were you trained on how to communicate with 10 staff? 11 A Yes. 12 Q Did you speak any languages other than English? 13 A No. 14 Q In that 40-hour orientation, was that 15 specifically designed for you going into a lieutenant 16 role or was that for all new hires at the time? 17 A For all new hires. 18 Q So it wasn't specifically tailored to what your 19 responsibilities were going to be? 20 A Yes, ma'am. 21 Q And what were your responsibilities when you 22 23 24 25 started out as a lieutenant? A Supervision of the staff, supervision of detainees. Q When you say "supervision of staff," what does Page 39 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 6 of 321 Page ID #:3261 1 paperwork, putting up their break schedules, reviewing 2 e-mails from the higher-ups. 3 anything that may have happened throughout the -- that 4 day or the shift before mine. Like I said, again, 5 Q 6 briefing? 7 A Yes, ma'am. 8 Q How long did you spend in the watch office? 9 A It varied from an hour to maybe 30 minutes. 10 Q After you were done -- and now I'm just going 11 to talk about a typical day. 12 13 Was that typically what you did after a shift On a typical day, after you were done reviewing materials in the watch office, then what would you do? 14 A Walk the floor. 15 Q Were there specific floors you would walk? 16 A Just the housing units, central control, the 17 front lobby, intake, medical. 18 daily routine of our walk-arounds. 19 20 21 Q Just a -- basically, What would you do while you were walking the floor? A Check logbooks, answer any questions that 22 detainees may have had, check with medical to see what 23 was going on throughout the day, staff, detainees. 24 basically communicating to see what was going on 25 throughout the day. Just Page 58 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 7 of 321 Page ID #:3262 1 answering. 2 So during the time that you were a lieutenant 3 at Adelanto, you never corrected -- made corrections to 4 any of your officers' reports before giving them to your 5 captains? 6 7 MS. AGUADO: answered. Objection. It's been asked and She's testified that she corrected spelling. 8 You can go ahead and respond again. 9 THE WITNESS: 10 their spelling. 11 BY MS. STEINBACK: 12 13 Q Okay. Like I said, just correction to So you never had to correct, for example, factual inaccuracies? 14 A No, ma'am. 15 Q So you feel like your officers did a pretty 16 good job reporting what had happened? 17 A Yes, ma'am. 18 Q Great. 19 20 21 And they included all the relevant details? A Yes, ma'am. MS. STEINBACK: I'll tender to the deponent 22 what's been marked as Plaintiffs' Exhibit 11. 23 Bates-stamped GEO 2236 and 2237. 24 25 It's (Plaintiffs' Exhibit 11 was marked for identification.) Page 101 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 8 of 321 Page ID #:3263 1 2 3 BY MS. STEINBACK: Q Do you recognize this document? And you can take as long as you need to look at it. 4 A Use of force/restraints. 5 Q Have you seen this document before today? 6 A Yes, ma'am. 7 Q Did you review this document in preparation for 8 today's deposition? 9 A Yes, ma'am, I did. 10 Q Okay. 11 And when you say this document is a use of force/restraints, who authored it? 12 A Excuse me? 13 Q Who authored it? 14 MS. AGUADO: 15 THE WITNESS: 16 Who wrote it? Who wrote this? BY MS. STEINBACK: 17 Q Yes. 18 A Some of it was from me, and some of it was 19 from -- I believe the captain, that filled in this, 20 because this was my first time I ever had to fill out a 21 use of force, but he was with me when this was being 22 done. 23 Q 24 25 So this is the first use-of-force report that you ever had to fill out? A Yes, ma'am. Page 102 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 9 of 321 Page ID #:3264 1 So you printed it out, and then what happened? 2 A Then we filled it out. 3 Q So he filled it out with you? 4 A Yes, ma'am. 5 Q Had he been present for the incident? 6 MS. AGUADO: If you know. 7 THE WITNESS: I don't believe he was in the 8 unit when this happened. 9 BY MS. STEINBACK: 10 Q No, ma'am. Could you take the highlighter that I've given 11 you and highlight all of the words and notations on here 12 that you made. 13 14 (Witness complied.) BY MS. STEINBACK: 15 Q Okay. 16 A There you go. 17 Q Thank you. 18 A You're welcome. 19 Q Looking at this, it might have been easier to 20 If I may look at it? just ask you to highlight what he did. 21 So just for the record, there are no highlights 22 on page 1 indicating that the deponent did not make any 23 of the marks on page 1, which is Bates-stamped GEO 2236. 24 I want to make sure that the record is 25 accurate. So on page GEO 2237, you've highlighted, it Page 106 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 10 of 321 Page ID #:3265 1 Q So when you would communicate with a detainee 2 who you couldn't actually communicate with because you 3 don't speak the same language, how frequently would you 4 have an officer who spoke that detainee's language come 5 help you with that communication? 6 A I would say frequently. Certain languages, 7 though, another detainee would translate for that 8 detainee -- 9 Q Okay. 10 A -- if they spoke the same language. They would 11 come up to us, and they would use their friend or 12 whatever to translate for them, because they spoke 13 English. 14 Q So in addition to the hotline and to being able 15 to use an officer, you could also use other detainees. 16 Is that what you're saying? 17 A Yeah. So if you're coming to me and you're 18 speaking to me in a different language, and he has a 19 friend that can speak English, he would have his friend 20 translate for us. 21 22 Q Okay. Thank you. So that was sort of a third option? 23 A Yeah. 24 Q Thank you. 25 Okay. be tripping you up. I don't -- I really don't mean to So when I'm asking you a question, Page 119 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 11 of 321 Page ID #:3266 1 sometimes it's just that I don't understand what you've 2 told me, just like sometimes you don't understand what I 3 ask you. 4 understanding anything. 5 So definitely let me know if you're not Okay. Of the officers -- and I'm going to refer you 6 back to Exhibit 11, page 2, at the top, the officers 7 that you listed under Confrontation Avoidance, did any 8 of those officers, to your knowledge, speak Spanish? 9 A Reyes did. 10 Q Did any of the other officers listed here speak 11 Officer Reyes did. Spanish, to your knowledge? 12 A Not to my knowledge. 13 Q How did you know that Officer -- or strike 14 that. 15 16 17 18 19 20 21 22 23 How do you know that Officer Reyes speaks Spanish? A Because I've heard him speak Spanish to the detainees before. Q Have you ever asked him to help you communicate with a detainee, or have you just overheard him? A Nope. Never asked him to help me, but I've overheard him. Q Would it be fair to say since you don't 24 understand Spanish, that you don't know what it is that 25 he has said, you've just heard him speak Spanish to Page 120 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 12 of 321 Page ID #:3267 1 Q So there would be officers in the dorms who 2 were telling people in the day room, "Hey, we're getting 3 ready for count"? 4 A Yeah. The day room is one big room. It's 5 right there. 6 announcement, and they get up and go to their bunks. 7 8 Q And the officers just make the Do -- are detainees supposed to be in their bunks for the duration of the count? 9 A Yes. 10 Q What happens if, for example, there's a 11 12 Until our count clears. detainee who's not feeling well and goes to medical? A Then our count stops, and we call medical down. 13 Then we delay our count and wait for medical to come 14 down to take care of the detainee, so they can pull the 15 detainee out. 16 of that dorm, then our count continues. 17 18 Q And then once the detainee is moved out What happens if there's a detainee who's already in medical during the count? Are they -- 19 A They're outcounted. 20 Q What does that mean? 21 A It means -- like, say, in 2-Charlie, where the 22 incident happened, if we have a detainee that's in 23 medical and they're out of 2-Charlie, we put the them on 24 an outcount, showing that they're in medical. 25 we count them, they're still counted on our count time, So when Page 139 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 13 of 321 Page ID #:3268 1 but they're just in medical. 2 Q 3 people -- 4 A Yes. 5 Q -- in the count even if they're not physically 6 Okay. Uh-huh. So there's a way to account for present at the count? 7 A Yes, ma'am. 8 Q Okay. 9 10 11 Other than medical, are there any other situations you've encountered where there is someone who has been outcounted? A Possible court or they're talking to their 12 attorneys. If they're out on a cleaning crew. Let me 13 see what else. 14 offices talking to us. 15 They may be in the intake area. 16 the dorms, they get outcounted wherever they're at. 17 Kitchen -- if they're kitchen workers, they get 18 outcounted. They could be maybe in one of our ICE might be talking to them. So if they're not in 19 Q Any other circumstances you can think of? 20 A Emergency situations. 21 blue, a medical emergency. 22 our fire alarms go off. 23 detainee on a staff member. 24 bomb threat. 25 detainee fight. If we have, like, a code If we have a code red where A code black. It's usually a A code white, which is a Let's see what else. Code yellow, Count stops during all that until we Page 140 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 14 of 321 Page ID #:3269 1 2 3 A Yes. I've only used the spray once. That was -Q So the only time you ever used OC spray in the 4 entire time you worked for GEO at Adelanto was on 5 June 12th, 2017? 6 A Yes, ma'am. 7 Q Did you ever use OC spray when you were working 8 for the correctional facility? 9 A No. We didn't carry OC spray. 10 Q What OC spray did you carry at Adelanto? 11 A The one I was working at? 12 Q Yeah. 13 A The big MK-9. 14 Q And what is the volume of that? Big can. And I know 15 that that's a little bit of a vague question, so I can 16 give you examples of -- 17 A Okay. 18 Q -- what I'm curious about. So, for example, 19 are there like 21-second bursts in the can? 20 know how much OC spray is actually in one of those 21 MK-9s? 22 A Or do you It could be up to -- because we have to weigh 23 those cans every time we -- before we put them on. 24 it could be anywhere from two to three -- I think -- 25 what is it? -- milligrams? Grams? So I'm not sure how Page 143 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 15 of 321 Page ID #:3270 1 A Yes, ma'am. 2 Q -- when you were with -- 3 A I keep doing that. 4 Q I'm just going to ask it to you entirely so 5 Sorry. it's on the record. 6 A Okay. 7 Q Did you carry OC spray on you at all times 8 while you were working on a shift at Adelanto? 9 A Yes, ma'am. 10 Q Where would you retrieve or get the OC spray at 11 the beginning of the shift? 12 A In the watch commander's office. 13 Q Where was it kept in the watch commander's 14 office? 15 A In a safe. 16 Q Did you have the code to the safe? 17 A Yes, ma'am. 18 Q Who else had the code to that safe? 19 A Only the watch commanders and the sergeants and 20 21 22 the higher-ups. Q And you said that you would weigh it before putting it on? 23 A Yes, ma'am. 24 Q And you did that every time you took out a can 25 of -Page 145 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 16 of 321 Page ID #:3271 1 A Not every day, but frequently. 2 Q Was that the protocol or practice when -- for 3 you to use OC spray? 4 A It was a practice. 5 Q Okay. 6 Yes, ma'am. Did you weigh it on the morning of June 12th, 2017? 7 A I don't recall. 8 Q When you would weigh the OC spray, would you 9 record the weight anywhere? 10 A Yes, ma'am. 11 Q Where do you record the weight? 12 A We had a file similar to this. We'd weigh it 13 and then write it down, and then put it back in our 14 safe. 15 Q 16 So the file was literally kept in the safe with the OC spray? 17 A Yes, ma'am. 18 Q Was it kept anywhere else, to your knowledge? 19 A No, ma'am. 20 Q Did anyone review that file, to the best that 21 you know? 22 MS. AGUADO: 23 If you know. 24 THE WITNESS: 25 Calls for speculation. I do not know, ma'am. /// Page 146 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 17 of 321 Page ID #:3272 1 2 3 BY MS. STEINBACK: Q Were you ever told that anyone ever looked at that file? 4 A No. 5 Q Did you ever look at that file other than to 6 make the notations about weight? 7 A No. 8 Q Would you weigh the OC spray when you replaced 9 it back into the safe at the end of the shift? 10 A Yes. 11 Q Would you also record that weight in the file? 12 A Yes. 13 Q Do you recall -- I'm guessing the answer is no, 14 but do you happen to recall what the weight was of the 15 OC spray can when you took it out of the -- out of the 16 safe on the morning of June 12th, 2017? 17 A No, ma'am. 18 Q Other than lieutenants, who was authorized to 19 20 use OC spray at Adelanto, if you know? A The captains, our chief, our AW, the warden, 21 immigration, the ICE people, if they needed it -- oh, 22 and our sergeants also. 23 24 25 Q And would all of those individuals that you just identified all use the same supply of OC spray? A Yes, ma'am. Page 147 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 18 of 321 Page ID #:3273 1 eyes, and then the spray dripped down into our eyes -- 2 Q On a scale -- 3 A -- and it stung. 4 5 6 I'm going to say a 10. Q Okay. I was going to say, on a scale of zero to 10 -- 7 A Yeah, it was a 10. 8 Q It was a 10. 9 Did you learn anything about decontamination? 10 A Yes. 11 Q What did you learn about decontamination? 12 A After we were sprayed with the spray, they had 13 all these different -- how would you say it? 14 these different little sub areas that we had to go to. 15 Like "How many fingers are you holding up?" 16 cuffing. 17 very end, they took us to the water fountains, and they 18 had us wash our eyes out. We had to do all that. They had Kicking, And then after, at the 19 Q When you said they took you to a substation -- 20 A They had different, like, stations for us, that 21 22 we had to go around while we still had the spray on us. Q So while you had the spray, you had to go to a 23 substation where they asked you how many fingers they 24 were holding up? 25 A Yes. They had to ask. Page 150 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 19 of 321 Page ID #:3274 1 Q Were you in pain during that time? 2 A The tingling, yes. 3 Q Did you -- on that day, did you have any cuts 4 Pain, yes. on your face? 5 A No. 6 Q Did you experience any coughing as a result of 7 8 9 10 11 12 the OC spray? A Just -- I would say a little bit. lot for me. It wasn't a So it wasn't that bad for me when I got sprayed. Q Were there other people that it was worse for who were in your group? 13 MS. AGUADO: Calls for speculation. 14 THE WITNESS: I don't know that because once I 15 got sprayed, I was done. 16 that group, I don't know how they reacted to the spray. 17 BY MS. STEINBACK: 18 19 Q So everybody else that was in And when you said that they flushed your eyes with water, was it cold water? Hot water? 20 A Cold water. 21 Q Did they do anything else to decontaminate your 22 face? 23 A 24 25 No. Just cold water, and then we sat in front of fans until the stinging sensation went away. Q Did sitting in front of a fan help relieve the Page 152 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 20 of 321 Page ID #:3275 1 pain? 2 A Temporary. 3 Q How long did the pain last for you? 4 A Well, for me, as long as I didn't put my face 5 back in water again, I was okay. 6 night and got up and took a shower again, it activated 7 the spray again. 8 9 Q When I got home that The stinging of the spray in my eyes. When you took the shower, was it hot water or cold water? 10 A Cold water. 11 Q So even cold water activated -- 12 A Yes, ma'am. 13 Q How long did that go on for? 14 A I'm going to say probably -- just probably till 15 16 the end of that next day. Q Did you do anything else -- and by that, I 17 mean, use creams, any other manner of decontamination 18 between the time that you were sprayed and when the pain 19 went away? 20 A No, ma'am. 21 Q Other than what you've described, did you 22 receive any other training on how to use OC spray at 23 Adelanto? 24 A No, ma'am. 25 Q Did you -- other than going through Page 153 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 21 of 321 Page ID #:3276 1 decontamination, did you receive any training on how to 2 decontaminate someone who's been sprayed with OC spray? 3 A Yes, ma'am. 4 Q What training was that? 5 A Pretty much -- like for us, the same thing with 6 detainees. 7 put them under the cold water. 8 under there that long, because the longer you leave it 9 in there, the more the OC will keep activating and 10 They get sent down to medical, and then they They can't leave them stinging their face. 11 Q When were you given that training? 12 A Like I said, that was probably, like, within 13 14 the first year that I was there. Q Was that training at the same time as the 15 training you just described about using OC spray, or was 16 that at a different time? 17 18 A That was at the same -- same time. Same time, uh-huh. 19 Q Was it part of the video? 20 A Yes. 21 Q Were you given any other training on 22 decontamination, aside from taking a detainee to 23 medical? 24 25 A Just removing their clothes. Anything that had -- you know, if they were sprayed, their clothes get Page 154 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 22 of 321 Page ID #:3277 1 removed because the spray is on their clothes. 2 Q Anything else? 3 A No, ma'am. 4 Q Now, you've described having your eyes flushed 5 with cold water and taking a cold shower. Were you 6 trained in any way about the effect of hot water on 7 someone who's been pepper sprayed? 8 A Hot water activates the spray even more. 9 Q And that was part of the training that you 10 received? 11 A Yes. 12 Q Did you receive any training on whether having 13 wounds or scratches or cuts could be something that 14 exacerbates the pain? 15 A Yes. 16 Q And what were you -- what did you learn in that 17 18 During the video that we watched. video? A Pretty much the same thing. If they had cuts, 19 anything like that on them, all we can really do is just 20 flush anything with cold water and take off the clothing 21 that may have gotten sprayed. 22 keep flushing them, but -- so the more you flush it, the 23 more it stings, and it just reactivates the spray. 24 25 Q Just -- like I said, just What was the policy at Adelanto, if you know, about how to decontaminate a detainee who has been OC Page 155 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 23 of 321 Page ID #:3278 1 2 3 4 5 sprayed? A The cold water again, flushing them with cold water. Q And that's the responsibility of the GEO guards? 6 A Medical does that. 7 Q Does the GEO staff have any responsibility with 8 9 10 11 regards to decontamination? A Our responsibility was to get them down to medical so they can flush them with water. Q Would it have been outside of the policy of GEO 12 Group to have GEO staff take the detainees directly to 13 showers themselves? 14 A No. 15 Q So that's also within the policy at GEO? 16 A Yes. 17 Q Are you aware of whether the detainees who are 18 the plaintiffs in this case were taken by GEO staff to 19 showers? 20 A 21 area. 22 Q Yes, they were, to medical and to our intake And my question is a little bit different. Are 23 you aware of whether the plaintiffs in this case, the 24 detainees, on June 12th were taken by GEO staff directly 25 to showers? Not simply to medical, but to actual Page 156 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 24 of 321 Page ID #:3279 1 situation, they can assist to help get the detainees in 2 the showers. 3 Q Okay. And the officers -- you were trained on 4 this. 5 are trained to know that putting detainees in hot 6 showers is going to exacerbate the pain? Does it stand also to reason that the officers 7 A Yes, ma'am. 8 Q Does it also stand to reason that -- just as 9 you were trained on this, officers would know that 10 you're supposed to remove clothes from someone who's 11 been pepper sprayed because the OC spray could still be 12 in the clothing? 13 A Yes, ma'am. 14 Q Were there any other lieutenants on the first 15 16 watch that morning on the East wing? A All I know is I was the first one to respond. 17 I don't know where the other lieutenant went before this 18 happened. 19 was at when this happened. 20 and then whatever the video shows. 21 Q So I can't place her, where this lieutenant All I know is I responded, Other than the OC spray training that you've 22 already described, have you received any other training 23 on the use of OC spray? 24 A No, ma'am. 25 Q Now, I know earlier when we were going through Page 158 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 25 of 321 Page ID #:3280 1 So they were in violation of engaging and/or inciting a 2 group demonstration in the dorm that day. 3 4 5 Q What other rules are there that detainees could be in violation of? A Fighting, stealing. Let's see, what else? 6 Misconduct, not following verbal commands. 7 many in there. 8 Q 9 detainee? 10 A Is there a specific rule for assaulting another Yes. But I don't -- I'm not -- I'm not sure 11 what it is. 12 not allowed to be fighting. 13 14 Q There's so It's just that they cannot fight. They're Is there a specific rule for assaulting an officer? 15 A Oh, yes. 16 Q Why do you say, "Oh, yes," so seriously? 17 A Because anytime a detainee puts their hands on 18 an officer, that's assault on staff. 19 allowed to place their hands on the staff at all. 20 Again, like I said, that's a book that I don't have 21 present here, but we have a rule violation for all that, 22 for assault on staff. 23 24 25 Q And they're not What happens if a detainee places his hands on staff? A They can be taken down to -- placed in Page 160 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 26 of 321 Page ID #:3281 1 restraints, and taken down to segregation, and a report 2 written on them, and then they wait for the disciplinary 3 board to go down and speak to the detainee, but they'd 4 also speak to the officer. 5 writing -- not so much this, but they would be writing a 6 different one for use of force again, because the 7 detainee placed their hands on an officer. 8 wouldn't be a general incident report. 9 use of force from the detainee on the officer. The officer would be So it It would be a We've 10 had that happen a lot, where detainees have struck our 11 officers. 12 need to do to protect themselves. 13 Then, you know, our officers do what they But, yeah, there is violations for all that, 14 for employee -- I mean, staff misconduct or detainee 15 misconduct for striking our staff. 16 to put their hands on the officers. They're not allowed 17 Q That's a pretty serious -- 18 A Yeah. 19 Q -- situation; right? 20 A Yes. 21 Q Okay. 22 A It's serious due to the fact -- is if you And why is that so serious? 23 struck one of our officers, what makes us think you 24 won't strike somebody else. 25 have actually come in off the streets where they've had Some of these detainees Page 161 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 27 of 321 Page ID #:3282 1 assault on peace officers. 2 actually assaulted peace officers, they go to a higher 3 category in the institution. 4 So when we know that they've The same thing here. If they do this -- when 5 they're in the institution, they strike our officers -- 6 actually, they can be arrested. 7 could come in and arrest them, depending on the 8 seriousness of the assault on the officer. 9 Q San Bernardino Sheriff Did you ever have a situation, while you were 10 working at Adelanto, where you called in the San 11 Bernardino County Sheriff's Office to investigate an 12 assault on an officer? 13 A Not me personally, huh-uh. 14 Q And did you ever -- while you were at the 15 16 Adelanto, did that ever happen to anybody else? A Yes. 17 MS. AGUADO: 18 Give me a chance. 19 Objection. 20 Go ahead. 21 22 23 No. Calls for speculation. Calls for speculation. BY MS. STEINBACK: Q To your knowledge, how many times did that happen while you were at Adelanto? 24 A Unknown. 25 Q Did it happen once or more than once? Page 162 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 28 of 321 Page ID #:3283 1 that. 2 When did you first learn that there was a 3 situation in the day room in 2-Charlie that you needed 4 to respond to? 5 A It was after briefing. I had an officer bring 6 me a list of names on some of the detainees that had 7 issues with the way they were being treated. 8 they claimed to be on a hunger strike. 9 when I went down there -- 10 11 Q And that So I walked -- And I'm going to stop you there really quickly -- 12 A Okay. 13 Q -- because I want to take this step by step. 14 A Okay. 15 Q So you said that an officer contacted you with 16 Okay. a list of names? 17 A Yes, ma'am. 18 Q Did that officer come to you in person, or did 19 20 21 the officer radio for you? A The officer came down in person and gave me a list of names. 22 Q Where were you when that officer came to you? 23 A In the watch commander's office. 24 Q How far away is that from the day room? 25 A We actually have to walk over there. Because, Page 187 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 29 of 321 Page ID #:3284 1 like I said, we're in the middle. 2 and the units are all on the outside. 3 10, 15 minutes, it'd take me to get down there. 4 5 Q A Did that officer -- who was the officer that I don't recall exactly who it was. something. 8 9 So probably about came to you? 6 7 We're in the middle, Let me see I believe it was -- MS. AGUADO: If you don't know, "I don't remember" is fine. 10 THE WITNESS: 11 I can't. 12 you. 13 BY MS. STEINBACK: I just can't recall who it was. I don't know who it was, to be honest with 14 Q 15 of names? 16 A Yes, ma'am. 17 Q Who had written down that list of names? 18 A The detainees. 19 Q Was that all there was on the paper? 20 A Yes, ma'am. 21 Q So he gave you a piece of paper that had a list 22 And you said that the officer gave you a list of names on it; is that right? 23 A Yes, ma'am. 24 Q How many names were on that list, if you 25 remember? Page 188 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 30 of 321 Page ID #:3285 1 2 A I don't recall the exact names on the list. How many there were, I don't know. 3 Q Did he give you any other papers? 4 A No, not that I recall. 5 Q So the other information that you learned about 6 what was happening was from the officer himself? 7 A No. 8 Q So when you walked to the housing unit, you had 9 no idea what was happening? 10 11 After I went down to the housing unit. A No. The officers told me when I got down there that they were claiming hunger strike. 12 Q When the officer first came and gave you the 13 piece of paper, what did he tell you when he gave you 14 the paper? 15 A That they were on hunger strike. 16 Q Okay. So you learned, when you were in the 17 watch commander's office, that there were a group of 18 detainees on a hunger strike? 19 A They were on hunger strike, and they were 20 refusing orders to rack up on their beds, to get up on 21 their beds for count. 22 Q Is there anything else that that officer told 24 A Not that I remember. 25 Q Did you ask that officer any questions? 23 you? Page 189 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 31 of 321 Page ID #:3286 1 not here? 2 A He's down here. 3 bottom. 4 the responding officers. 5 to translate for me. 6 7 Q Yeah, he's down here on the Just not up here. Okay. But he was -- he was one of He's the one who went with me So when you first arrived at the day room, you said you went straight to the housing unit? 8 A Yes, ma'am. 9 Q And who did you speak with there? 10 A The dorm officer that was in there. 11 Q Do you remember who that was? 12 A No, I don't recall. 13 was a long time ago. 14 that was in the dorm. I'm trying to think. This I believe it was Officer Reyes 15 Q Why did you go straight to the dorm? 16 A Because of the information that I received 17 saying that they -- they claimed to be on a hunger 18 strike and they wouldn't -- they wouldn't rack up for 19 count, and it was count time. 20 Q How did you know which dorm to go to? 21 A Because they told me -- the officers told me it 22 23 24 25 was in 2-Charlie. Q Okay. So they told you where the detainees were supposed to be? A Yes, ma'am. Page 195 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 32 of 321 Page ID #:3287 1 2 3 Q So you went straight to that dorm. What did you talk about with the dorm officer there? A That's what I said, the dorm officer said that 4 the detainees wouldn't rack up. 5 strike. They were on hunger 6 Q Did the officer say anything else? 7 A No, ma'am. 8 Q What did you do at that point? 9 A At that point I walked over to the table to try 10 to speak to the detainees. And then I'm being told that 11 none of them spoke English. 12 I guess, started talking to the detainees. 13 what they were saying, that they were going on a hunger 14 strike -- claiming to go on a hunger strike. 15 because of their -- what was it? 16 bond money. 17 were set too high. That's when Officer Reyes, And that's And Something about their Their bonds were too high. Their bonds And -- 18 Q I'm going to stop you right there. 19 A Okay. 20 Q We'll get to all of these details. 21 A Okay. 22 Q When you say that you went to this table to Okay. 23 speak to the detainees but none of them spoke English, 24 how do you know that? 25 A Because Officer Martinez and Officer Reyes told Page 196 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 33 of 321 Page ID #:3288 1 officers tried to explain to them, "Immigration is not 2 here this morning, ICE is not here. 3 rack up." 4 5 So we need you to They would not rack up for nothing. They said, "No, we're not racking up." This is what they told my officer. 6 And Officer Reyes actually heard some of the 7 detainees speaking English. 8 English. He heard them speaking 9 Q And I don't want to know what Officer Reyes -- 10 A Okay. 11 Q -- did or didn't hear -- 12 A Okay. 13 Q -- because -- 14 A Okay. Okay. They actually did speak English, 15 but then when I got down there, they wouldn't talk to 16 me. 17 18 Q Okay. So you did not hear any of the detainees speak English? 19 A No, I didn't. 20 Q Okay. 21 Did you speak in English to the detainees? 22 A Yes, I did. 23 Q What did you tell them? 24 A I told them they would have to wait for ICE, 25 and they needed to rack up. And they just kept looking Page 198 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 34 of 321 Page ID #:3289 1 at each other and looking at me, shaking their head like 2 this. 3 4 MS. STEINBACK: THE WITNESS: 6 MS. STEINBACK: 7 THE WITNESS: 8 head no. 9 BY MS. STEINBACK: 11 And for the record, the deponent -- 5 10 Okay. Q No. -- is shaking her head no. Yeah, they were shaking their They wouldn't rack up. Did you go straight to the table to speak with the detainees after talking to the dorm officer? 12 A Yes. 13 Q Did you bring Officer Reyes or Officer Martinez 14 with you? 15 A Yes. 16 Q Did you ask them to translate for you? 17 A I asked Officer Martinez to translate, because 18 19 I was told that they did not speak English. Q To your knowledge -- or is it your 20 understanding that Officer Martinez is fluent in 21 Spanish? 22 A Yes. 23 Q You say that with a smile. 24 A Yes. 25 Q Do you know that for a fact? Fluently. Page 199 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 35 of 321 Page ID #:3290 1 A Yes. 2 Q And all they would do is shake their head and 3 say "No"? 4 A Uh-huh. 5 Q Did they actually say "No" out loud? 6 A Yes. 7 Q Other than the piece of paper that you were No. 8 given with their names, did you ever receive any other 9 pieces of paper from the detainees? 10 A No, ma'am. 11 Q Did you ever see a list of demands that the 12 13 detainees had provided to an officer? A I believe -- no, I only saw the names. 14 didn't see their demands. 15 demands, what they wanted. 16 17 18 19 Q I I was just told about their Were you told that the demands were written down on a piece of paper? A Yes. They said they wrote it on a piece of paper, and I don't know who took that piece of paper. 20 Q Did you ever see that piece of paper? 21 A No, I didn't. 22 Q Have you ever seen that piece of paper? 23 A No. 24 Q After -- at any point during that time, did you 25 I haven't seen it. Never. Never, never. consider calling medical because of the detainees' Page 201 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 36 of 321 Page ID #:3291 1 statement that they were going on a hunger strike? 2 A I didn't, but I don't know if anybody else did. 3 Q Were you the most senior officer in the day 4 room that morning? 5 A Yes. 6 Q The shift commander -- 7 A The shift supervisor, yes. 8 Q Shift supervisor and lieutenant. 9 10 11 I was the shift commander. Watch commander. Does that, by default, mean that you were the person responsible or in control of that situation? A I'm going to say yes. But I can tell you -- as 12 me, my job was to go down there to talk to them and find 13 out what was going on. 14 went down there to respond and to assess the situation, 15 to find out what was going on down there. 16 was told to me. 17 Q That was as far as I went. This was what They were going on a hunger strike. So once you learned that they were going on a 18 hunger strike and they weren't going to rack up for 19 count, what did you do? 20 A I gave them several verbal commands to let them 21 know they needed to rack up. 22 Spanish, "You need to rack up." 23 care of this right after count. 24 25 Q I Okay. My officers told them, in And then we would take How many times did you have your officer give that command? Page 202 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 37 of 321 Page ID #:3292 1 refused to go back to their racks, and we kept trying to 2 tell them, "But it's policy. 3 your racks." 4 count, and then we'll deal with this." 5 You guys have to go sit on "You need to wait until we clear our And then I was told by one of the officers that 6 the detainee that was sitting on the very end was the 7 one who started the whole thing. 8 officers, you know, "Ask this individual to come with us 9 so we can find out what's going on." 10 Well, he didn't want to go with us. 11 want to go with us. 12 linking arms at the table. 13 the table to go to the racks. 14 So I asked the Q He did not So next thing you know they're They would not get up off I'm going to take you back to the beginning 15 there, but first, when they started linking arms, did 16 that just come out of nowhere? 17 A Yes. It just came out of the nowhere. They 18 just -- well, especially, like I said, when the 19 gentleman here -- we were told that the gentleman at the 20 end -- I believe it was Martinez -- they told me, "Hey, 21 Diaz, he's the one who started all this." 22 23 24 25 And I go, "Okay. Well, you know what, let's go take him out and let's talk to him." He did not want to go. So he started linking arms so everybody started linking arms. And he would Page 205 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 38 of 321 Page ID #:3293 1 Q So is it within GEO's use-of-force policy that 2 you're allowed to OC spray detainees if they are 3 refusing to go to count? 4 A If they refuse to go to count, if they refuse 5 verbal commands, and they're disrupting our dorm, and 6 which they were, because they got all the other 7 detainees riled up. 8 9 Q This is why they got sprayed. So it is consistent with GEO's policy that you can OC spray a detainee who's refusing to go to count if 10 you have given verbal commands and they've refused to 11 comply with them and you -- and there's a disturbance? 12 A Yes. They were -- there was a disturbance, 13 like I said again. 14 told, and then, as soon as they started linking arms, we 15 already knew it was out of control. 16 out of control. 17 to touch us. 18 that's why they got sprayed, because it got out of 19 control. 20 Q And they were told and told and They were getting Because they figured you're not going You're not going to do anything to us. So as soon as they linked arms, that was 21 basically your green light to spray them because you 22 knew that was your only recourse? 23 A So No. I sprayed them because they linked arms 24 and I still continued to give them verbal commands, and 25 I told them, "If you do not get up and go to your racks, Page 212 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 39 of 321 Page ID #:3294 1 2 Q So the first time you radioed for assistance was after you sprayed them? 3 A Yes, because they still wouldn't disperse. 4 Q Okay. 5 officers that you see in the video come from? 6 7 So before that, where did all the MS. AGUADO: If you know. BY MS. STEINBACK: 8 Q If you know. 9 A From the West facility. Because when I got on 10 the radio and called for backup, we had staff that came 11 from the other facility, West facility. 12 Q And I'm talking about before that. So you said 13 you walked up with about two officers that you picked up 14 in the hallway. 15 16 MS. AGUADO: I don't think she said a number, actually. 17 MS. STEINBACK: I think she -- that was what I 18 recall, but you can correct me if I'm wrong. 19 BY MS. STEINBACK: 20 Q You arrived there. 21 officer. 22 there are a number of officers there. 23 than two. 24 A 25 Came out. You talked to the dorm But in the videos, you might agree It's well more Do you agree with that? First watch officers responded before they went to the post, before they went to their post. Third Page 214 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 40 of 321 Page ID #:3295 1 When you say you sprayed down the table, did 2 you do that so that you could sort of hit as many people 3 as possible? 4 A No. 5 Q Why did you spray down the table? 6 A To get their attention, for them to break it 7 up, because there was going to be worse circumstances 8 than what they got that day. 9 to aim at anybody. They didn't -- I didn't go It went right down the middle of the 10 table. 11 sprays -- it goes everywhere. 12 individual got sprayed. 13 it doesn't show that one individual got sprayed. 14 just went right down the middle of the table. 15 their attention. 16 going to end, because you're inciting. 17 the rest of the dorm going. 18 count. 19 They just kept going on and on and on and on. 20 to take action and do what I needed to do as a watch 21 commander to stop it. 22 Q And when you spray, it splatters. Okay? And it So not one Because if you watch the video, To get To let them know, this is -- this is You're getting You're interrupting our We can't finish our count. They didn't care. So I had Did you feel that it was a situation where you 23 could take a moment and contact the facility 24 administrator to discuss your use of the OC spray? 25 A It There wasn't anybody there at that time. Page 219 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 41 of 321 Page ID #:3296 1 certain amount of time to get our count done. 2 they're going to be calling us saying, "Why is your 3 count not clearing?" 4 Q Who is going to ask that? 5 A The wardens will ask us. And then The West facility 6 would've started asking us why our count's delayed. 7 People above us. 8 delayed, because of something like this. 9 would not comply. 10 11 12 13 They want to know why our count's The detainees I had no other choice. And I did what I thought was right. Q And it's your understanding that that was in keeping with GEO's policies and practices? A Yes. I had to -- I had to disperse -- I had to 14 stop the confrontation and disperse it. 15 said, they got all the other detainees riled up in the 16 dorm. 17 Q 18 19 Because, like I Were any of the detainees in the dorms threatening you? A Again, I wasn't concentrating on all those 20 detainees. 21 table at the time. 22 rest of the detainees in the housing unit. 23 24 25 Q I was concentrating on the situation at the The officers were controlling the So you had officers who were actually in the housing unit controlling the detainees? A Yes. They were trying to get them -- the rest Page 221 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 42 of 321 Page ID #:3297 1 did you specifically ask for Campos? 2 A No. 3 Q What did you say when you went on the radio? 4 A "Lieutenant Diaz to West facility, be advised I 5 They just responded. need assistance over here on East." 6 And the next thing I know, here they all come 7 from the East facility. 8 Sorry. 9 10 Q I mean, the West facility. West. At that time you said there were officers in the dorm; is that correct? 11 A Yes, ma'am. 12 Q And they were controlling the detainees in the 13 dorm? 14 A Yes. The ones that would not rack up. Until 15 we could get control of the situation. And, like I 16 said, once the situation got out of control, and I 17 sprayed, and they still wouldn't rack up, they still 18 wouldn't let go of each other, they interlocked their 19 legs around the bottom of the -- I don't know -- those 20 chairs, they locked their legs and everything. 21 still would not disconnect. 22 the radio and called, "Lieutenant Diaz to West, I need 23 assistance over here at the East facility." 24 when everybody came running from West. 25 officers, the sergeant, couple of other officers came. They And that's when I got on And that's Several Page 224 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 43 of 321 Page ID #:3298 1 2 Q If you -- if you need to reach a supervisor and they're not on duty yet, are you able to do that? 3 A Yes. I could have my central control officers 4 call. 5 was during count time. 6 them a while to respond to the facility. 7 had -- I could have my central control officers call the 8 captain, the warden, ICE. 9 landline them -- call them. They would have showed up. But, like I said, it It would have probably taken We could have We could have had them -But, in that situation, we 10 didn't, because, like I said, it was right in the middle 11 of count when -- just the beginning of count when they 12 started doing this. 13 14 Q And you said that there's about, like, 30 to 45 minutes, depending, for count? 15 A Yes. 16 Q Okay. 17 A We have to clear our count within an hour. 18 Q Or else what happens? 19 A Then the warden can get in trouble for that. 20 And then we have to explain to him that ICE wants to 21 know why our counts didn't clear, what was going on at 22 the time. 23 Q 24 25 And what happens if the warden gets in -- who does the warden get in trouble with? A ICE. ICE will question them, "Why didn't your Page 231 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 44 of 321 Page ID #:3299 1 count clear"? How come your count's not clearing?" 2 Well, you know, why didn't they do this? I mean, like I 3 said, there are procedures during count. And my thing 4 is, when I sprayed them -- and they watched the video. 5 ICE watched the video, the warden, everybody watched the 6 video. 7 did what she was trained to do." They said, "Diaz didn't do nothing wrong. 8 Q Did they come tell you that? 9 A Yes. The captain told me that. She Because they 10 told me, "Diaz, we watched this video. ICE watched the 11 video. You did nothing 12 wrong." 13 14 Q The warden watched this video. So everyone in GEO and ICE agreed you acted according to protocol? 15 A Yes, ma'am. 16 Q When did the captain tell you that? 17 A Right after the incident. After everything 18 happened, we sat down in the watch office, and they 19 watched the video right away. 20 Q Who is they? 21 A ICE, the captains, the warden. They reviewed 22 the video after this happened. 23 again, ICE is in charge of all these -- "She didn't do 24 anything wrong." 25 Q And Immigration -- Did they watch it that same day? Page 232 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 45 of 321 Page ID #:3300 1 A Yes, ma'am. And then the captain told me again 2 the next day, "ICE said you didn't do anything wrong." 3 Because if I would have done something wrong, I wouldn't 4 have a job to go back to. 5 6 Q Is that your understanding of what the consequence would have been if you -- 7 A Oh, yes. 8 Q How do you know that? 9 A From what I told you earlier, at the beginning 10 11 12 today of the deposition. Q Okay. Were you present when your captain and -- who else did you say watched the video? 13 A ICE and the warden. 14 Q ICE, the warden, the captain. 15 A I don't know who else was there. 16 Q Were you there with them when they watched the 17 Anyone else? video? 18 A No, ma'am. 19 Q But they watched it on June 12th? 20 A Yes, ma'am. 21 They watched it June 12th, and they watched it the next day. 22 Q Were you there when they watched it June 13th? 23 A No. 24 25 Never got to review -- I didn't get to review the video until she showed it to me. MS. STEINBACK: And she's pointing to her Page 233 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 46 of 321 Page ID #:3301 1 attorney, for the record. 2 BY MS. STEINBACK: 3 Q Did you -- 4 A I'm just telling the truth. 5 Q Other than the use-of-force report that you 6 submitted, did you make any other statements or provide 7 any other information to the captain? 8 A No. 9 Q Other than the use-of-force report that you 10 submitted, did you make any other statements to anyone 11 else within your chain of command who was a supervisor? 12 A No. About this? 13 Q Yes. 14 A Just what happened. 15 Q Were you ever -- so you were never called in 16 and asked about anything that happened during the 17 incident? 18 A No, ma'am. 19 Q Were you ever -- strike that. 20 21 Did you ever give testimony in any of the detainees' disciplinary hearings regarding the incident? 22 A No, ma'am. 23 Q Do you know whether the detainees had 24 25 disciplinary hearings? A No, ma'am. Page 234 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 47 of 321 Page ID #:3302 1 2 A That's always a procedure, is using restraints on detainees when they don't comply. 3 Q That's always the procedure? 4 A Yes. When they don't comply, yes. Restraints 5 are used on them to -- when we move them, to make sure 6 that, you know, they don't lash out at the staff or any 7 of the other detainees that are in the dorm or around 8 them. 9 Q 10 So restraints are always used. Did -- who made the decision to use the steel handcuffs? 11 A I did. 12 Q Okay. 13 A Yes. 14 Q Why did you use the handcuffs as opposed to the 15 16 17 So that was your directive? softer restraints? A Because that's what we use, are the restraints, the metal restraints. We don't have soft handcuffs. 18 Q Okay. 19 A If we use restraints, they're always the 20 21 So -- mechanical restraints. Q Okay. So even though in the policy it talks 22 about soft restraints, really, in practice, you guys use 23 hard restraints because that's -- 24 25 MS. AGUADO: Objection. That misstates her testimony. Page 237 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 48 of 321 Page ID #:3303 1 2 MS. STEINBACK: my statement. 3 MS. AGUADO: 4 MS. STEINBACK: 5 6 If you could just let me finish Okay. Thanks. BY MS. STEINBACK: Q So, in practice, even though soft restraints 7 are mentioned in the policy, really you use the steel 8 handcuffs as restraints because that's what you have; is 9 that correct? 10 A 11 12 Yes, ma'am. MS. AGUADO: Objection. testimony. 13 Go ahead. 14 THE WITNESS: 15 16 Misstates her Yes, ma'am. BY MS. STEINBACK: Q Okay. Did you at any point contemplate calling 17 a supervisor? I know there were none on staff at that 18 time, but did you contemplate reaching out to a captain, 19 assistant warden, warden? 20 A No. 21 Q You felt you could handle the situation 22 yourself? 23 A Yes, ma'am. 24 Q Did you feel that there was an immediate 25 threat? Page 238 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 49 of 321 Page ID #:3304 1 HIPAA? 2 A Like I said, in certain situations, we don't 3 have time to stop what we're doing and go, "Hey, you 4 know, which one of these detainees are allergic to OC 5 spray?" 6 7 Q do? 8 9 If you had time, is that something you could MS. AGUADO: Objection. hypothetical. 10 If you know. 11 THE WITNESS: 12 13 14 It's an incomplete No. BY MS. STEINBACK: Q At any time did you direct your camera operators on shift to go get a camera? 15 A No. 16 Q Why not? 17 A Again, it was in the heat of the moment. 18 had an emergency going on. 19 said, we had cameras in the dorm that saw the whole 20 situation. 21 Again, it's right there. 22 were on camera. 23 Q Everything. No, I did not. We Plus, like I I mean, from beginning to end. It's on the video. So they Everything happened on camera. What is your understanding of what a camera 24 operator is supposed to do during a use-of-force 25 incident? Page 241 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 50 of 321 Page ID #:3305 1 what was going on. 2 about anything that happened after that. 3 took control. 4 everybody took control of the situation after that on 5 the hunger strike. 6 Q After that, I don't know anything Because ICE And my commanders and the warden and It's my understanding that you were in charge 7 of the situation until the detainees were put -- were 8 put in segregation; is that correct? 9 A Yes, ma'am. 10 Q And you actually requested that they be put in 11 12 segregation; is that accurate? A I -- oh, Lord. Okay. When they were in 13 violation of 213, yes -- when they were in violation of 14 that section, enticing or doing a group demonstration, 15 they get a little report written, like a segregation 16 order. 17 investigation done on it. 18 to segregation. 19 happens at the end of their hearings. 20 the outcome is. 21 They get put in there. Q Okay. And then there's an So they get moved over After that, I have no control over what I don't know what Did -- and I think I might have asked you this 22 already, but did you participate in any way in those 23 hearings? 24 A 25 No, ma'am. MS. AGUADO: Let's take a short break. Page 243 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 51 of 321 Page ID #:3306 1 MS. STEINBACK: 2 (Recess was taken from 4:34 p.m. to 4:43 p.m.) 3 MS. STEINBACK: 4 5 6 7 8 9 Sure. Back on the record. BY MS. STEINBACK: Q At what point did you direct the officers to use handcuff on the detainees? A After they were removed from the table. After they got sprayed and we removed them from the table. Q After all of the detainees -- strike that. 10 According to GEO's policy and practices, at 11 what point are restraints, handcuffs, supposed to be 12 removed from a detainee? 13 A As soon as the imminent danger is over. 14 Q Do you know when the handcuffs were removed 15 from these detainees? 16 A No, ma'am. 17 Q Did you monitor how long they were handcuffed? 18 A No, ma'am. 19 Q After the detainees were taken out of the day 20 21 22 23 24 25 room, do you know where they went? A To medical, to our triage area, and to holding until medical staff could evaluate them. Q Did you direct the officers to take them to medical? A Yes. Page 244 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 52 of 321 Page ID #:3307 1 A -- and he would not -- they would not get up. 2 Q Did you direct him to pepper spray the 3 detainees? 4 A No, I did not. 5 Q Did he need your authorization to do that? 6 A No, he did not. 7 Q So he could just decide it on his own? 8 A Yes, he did. 9 Q Did -- and you had told him that you had pepper 10 11 12 13 14 15 Because he carried spray himself. sprayed them? A Yes. He knew they were already sprayed by the time he got down there. Q By the time he got to the day room? How did he know that? A Because when he -- when they got in, you could 16 smell the spray. 17 see the spray all the way across the table. 18 were hacking and coughing. 19 them several more verbal commands, and they would not -- 20 you know, let go of each other. 21 off the tables. 22 commands, and he sprayed them too. 23 Q You can see the detainees. You can And they And, like I said, he gave They wouldn't get up So he gave them several verbal So it was obvious at that point to anyone who 24 would have been observing that pepper spray had been 25 used; correct? Page 252 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 53 of 321 Page ID #:3308 1 A What do you mean, what happened? 2 Q What happened -- 3 A What's the question? 4 Q Sure. So what happened after that? 5 they locked arms again. 6 table. 7 A You said Locked their legs around the Then what happened? So they were given verbal orders again, and 8 then they started pulling the detainees apart, to get 9 them apart. And they gave us a struggle, trying to get 10 them apart. From my understanding, they were elbowing 11 the officers, because they didn't want to be pulled 12 apart. 13 by elbowing them. So they started, basically, assaulting our staff 14 Q That sounds quite serious. 15 A Yeah, so -- and our officers did what they 16 needed to do. 17 trying to get them away from the tables and stuff. 18 they gave us a lot of problems doing that. 19 knew we had to decontaminate them, and they -- they 20 weren't having it. 21 22 Q They started pulling them apart, and Because we We talked a little bit earlier about assaults on staff and how serious that is. 23 A Uh-huh. 24 Q At that point, when you're saying that you 25 And learned they were assaulting your staff, did you call in Page 254 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 54 of 321 Page ID #:3309 1 2 a code? A No. This was after. After this all happened 3 is when my officers told me that the detainees were 4 elbowing them when they were trying to get them away 5 from the table. 6 Q Which officers were telling you that? 7 A I don't recall who had told me. 8 reports. 9 being elbowed. 10 11 12 13 It's in the Some of the officers wrote that they were The detainees were elbowing them when they were trying to pull them apart. Q So they told you that while you all were writing the reports? A After it happened. Not when the reports were 14 being written. 15 "Lieutenant Diaz, they were elbowing us when we were 16 trying to get them off the table." 17 assaulting our staff. 18 19 Q After it happened. They said, So they were And at that point had they already written their reports, or was that after they wrote the reports? 20 MS. AGUADO: 21 THE WITNESS: 22 about that. 23 BY MS. STEINBACK: If you remember. 24 Q Okay. 25 A No, I did not. I don't recall when they told me Did you make a note of that anywhere? Page 255 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 55 of 321 Page ID #:3310 1 Q Why not? 2 A Why not? Again, I don't remember when the 3 officers told me this. 4 was here, they were in violation of 2013 [sic]. 5 detainees were written up -- because, according to these 6 reports, you read in the report that some of the 7 officers said that the detainees were elbowing them. 8 9 10 11 12 13 Q All I could go -- based on what If the Is that what you remember from reviewing the reports? A Yes. There are some statements in there from the staff that they were being elbowed by the detainees. Q At any point did you contemplate filing an additional charge on them for assaulting an officer? 14 A No, I didn't. 15 Q Why not? 16 A Because it was after the fact, after this had 17 already been done. 18 Q That's a serious allegation, though -- 19 A I know. 20 Q -- right? 21 And that -- 22 A I understand that. 23 Q And that can pose a very serious -- 24 A I understand that. 25 Q If you could just let me get it out for the Page 256 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 56 of 321 Page ID #:3311 1 record. 2 3 That can pose a very serious security risk; correct? 4 A Yes, ma'am. 5 Q In fact, one of the most serious security risks 6 is when a detainee feels empowered enough to assault an 7 officer; correct? 8 A Yes, ma'am. 9 Q Because the officers are keeping the facility 10 secure; right? 11 A Yes, ma'am. 12 Q And that is a direct challenge to the authority 13 of an officer; right? 14 A Yes, ma'am. 15 Q Given all that and given the seriousness of the 16 allegation and given your obvious diligence when it 17 comes to these things, why didn't you put it in any 18 report? 19 A Again, that's unknown if the officers were 20 instructed by the higher-ups to write the reports that 21 they were assaulted by the detainees. 22 23 24 25 Q You were the officers' higher up, though; correct? A Yeah. But then there were the captains and the wardens. Page 257 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 57 of 321 Page ID #:3312 1 Q Did you give the information to the captains? 2 A No. 3 Q Did you give the information to the wardens? 4 A No, I didn't. 5 Q Did you give the information to anyone? 6 A No, I didn't. No, I didn't. Based on these reports, when 7 this report was turned in -- like I said, again, it was 8 turned in before I even read that, saying that the 9 officers were being elbowed. 10 11 Q Okay. Did you see the detainees at any time after they were, in your mind, taken to medical? 12 A No, ma'am, I did not. 13 Q Did you follow up with medical in any way to 14 see what had happened with the detainees? 15 A No, ma'am, I did not. 16 Q Did you follow up with any of your officers to 17 see when the detainees had had their handcuffs taken 18 off? 19 A No, I did not. 20 Q Whose responsibility was it to monitor the 21 detainees' handcuffs? 22 A The officers. 23 Q Which officers? 24 A It's the officers that put the cuffs on them. 25 Then medical. Medical will tell us to let them loose. Page 258 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 58 of 321 Page ID #:3313 1 Like I said, again, I was not the only supervisor 2 involved in this. 3 chief of security. 4 people involved in this whole use of force besides 5 myself. 6 to do after this incident. 7 8 Q We had our captains. We had our AW. We had our So there was other So I do not know -- unknown what they were told So you don't know who was in control of making sure that their handcuffs got removed at some point? 9 A No, ma'am. 10 Q And to this day, you don't know? 11 A No, ma'am. 12 Q At some point did you find out at what time 13 their handcuffs were removed? 14 A No, ma'am. 15 Q At any point did you find out whether the 16 17 detainees had gotten to medical? A Yes, ma'am. The officers and, like I said, the 18 higher-ups came to me, my captains, the chief said, 19 medical said, "Hey, you know what, they've all been 20 seen. 21 moved over to the West facility and put in segregation." They all have new uniforms. Now they're being 22 Q When did that take place? 23 A At what time? 24 Q Yes. 25 A I do not know what time they finally moved the Page 259 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 59 of 321 Page ID #:3314 1 A 2 McCusker. 3 after he read them. 4 detainees. 5 6 Q Once I filled these out, they went to Captain And he signed off as the investigating person These were the charges against the Did you have anything to do with this process after you filled out this document? 7 A No, ma'am. 8 Q Is there anything in these documents that is 9 incorrect? 10 A No, ma'am. No, ma'am. 11 Q I'm now tendering to the deponent an exhibit, a 12 group exhibit, 15. 13 1535, 1744, 1916, 165, and 1390. 14 (Plaintiffs' Exhibit 15 was marked 15 16 It is Bates-stamped GEO 524, 1119, for identification.) BY MS. STEINBACK: 17 Q Ms. Diaz, do you recognize this exhibit? 18 A Yes, ma'am. 19 Q What is this? 20 A This is the Administrative Segregation Order. 21 Q Is there anything on this document that is not 22 23 24 25 your writing? A Lieutenant Duran, Ms. Petersen, Chief Johnson. MS. AGUADO: Are you referring to the signatures at the bottom of the page? Page 262 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 60 of 321 Page ID #:3315 1 2 3 4 THE WITNESS: Yeah. BY MS. STEINBACK: Q Is there anything other than the signatures at the bottom of the page that is not written by you? 5 A No, ma'am. 6 Q Have you filed one of these documents before? 7 A Yes, ma'am. 8 Q And what is this document used for? 9 A These are segregation orders for the violation 10 of the detainees. 11 segregation unit, this has to be posted while they're in 12 there, saying why the detainee was put in there. 13 it -- basically, put in there violation of 2013 [sic], 14 engaging in or inciting a group of demonstrations. 15 this all has to be filled out when the detainees are 16 being moved to the other facility. 17 all male detainees, they go to our male segregation. 18 19 20 Q So when they are put in our And So Since they're all -- When you said this document needs to be posted, where is it posted? A They have files in our seg unit, and all this 21 stuff gets put in their folders. So when the 22 investigating officer comes down, they have all this, 23 they have this, and they read it. 24 the detainees out and talk to them about this situation. 25 So it has to be posted so the other -- so the And then they pull Page 263 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 61 of 321 Page ID #:3316 1 disciplinary, their, anything they have been charged 2 with. 3 know when they will be bonded out. 4 anything about -- when they were talking their bonds 5 being too high, that is us; that is all ICE. 6 all ICE. 7 8 We do not know anything about that. Q We do not We do not know That is We have no control over that. Do you, as a lieutenant, have any access to detainee's files where you can get that information? 9 A No, ma'am. We not allowed to see their files. 10 Q Were there ever any circumstances when you 11 worked at Adelanto that you needed to reach a supervisor 12 either before or after hours? 13 A Which supervisors? 14 Q Let's start with GEO. 15 A No. 16 GEO or ICE? We were always able to get a hold of them if we needed them. We have people on call. 17 Q Okay. 18 A Uh-huh. 19 Q Is that yes? 20 A Yes, ma'am. 21 Q On the morning of June 12, 2017, who was on 22 So there is always someone on call? Yes, ma'am. Yes, ma'am. call if you needed to get in touch with them? 23 A I don't recall who was on call that day. 24 Q Is that something that you would have known 25 from working the shift, or would you have had to find Page 268 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 62 of 321 Page ID #:3317 1 2 that information out? A No. It would be because they are the ADO, 3 administrators of the day. 4 ahead of time who was on call. 5 Q So we always knew weeks So there is always someone that you could get 6 in touch with, if necessary, who is a supervisor, even 7 when it is early morning? 8 A Yes, ma'am. 9 Q And you made the decision not to do that? 10 A Yes, ma'am. 11 Q When you arrived at the day room, did you look 12 in the logbook to see whether any of the detainees who 13 had announced they were undertaking an hunger strike had 14 eaten breakfast that morning? 15 16 17 A No, ma'am. It was during count, just before breakfast. Q 18 So the hunger strike that -- strike that. So the incident occurred before breakfast? 19 A Yes, ma'am. 20 Q Would the log book have reflected whether the 21 detainers had eaten anything the night before? 22 A Yes, ma'am. 23 Q Were you a part of any after-action review? 24 A No, ma'am. 25 Q Are you familiar with that name? Page 269 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 63 of 321 Page ID #:3318 1 Q Is that typically of how it happens? 2 A Yes. If I am busy and doing something, yes. 3 Usually medical will help out or the medical officer 4 will assist making sure they get their cuffs taken off. 5 Q Would it be violation of policy, as you 6 understand it, for their cuffs not to have been taken 7 off -- 8 A No. 9 Q -- when they were evaluated by medical? 10 A No. 11 Q No, it would not be a violation of policy? 12 A No, ma'am. The only why that we would not 13 have taken their cuffs off, if you had a detainer being 14 belligerent, he was irate and he threatened to hurt the 15 staff, would we not have taken their cuffs off of them. 16 But in this case, that was not the case. 17 18 19 Q So in this case, the detainees were not being belligerent; is that right? A Not when we moved them down. Actually, they 20 calmed down after all this happened. 21 sprayed and everything, they calmed down. 22 23 24 25 Q After they got So you actually saw them calm down before they left the day room; is that right? A No. When the officer were moving them off of the table, they became elbowing the staff, they were -Page 274 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 64 of 321 Page ID #:3319 1 Q I'm sorry. I'm talking about after they were 2 placed in restraints and escorted away from the table. 3 Is what when they calmed down? 4 A Well, some of them were still resisting the 5 restraints and they were trying to fall on the ground so 6 they would not get restraints put on them. 7 would not get up and walk when they were being moved. 8 Q Do you know why that was? 9 A Yeah. 10 orders. 11 want to comply. 12 13 14 15 16 17 They did not want to comply with When the officer gave them orders, they did not Q Were they saying they did not want to comply, or were they simply falling on the ground? A the video. Q Falling on the ground. You could see that on They were resisting. You said at some point they calmed down, but you also said you did not follow them out. 18 19 And they At what point did you see them calm down? A They calmed down when they were being -- when 20 they got moved down to medical, because when I came out 21 of the housing unit, they were still in medical and they 22 calmed down in medical with the restraints. 23 not have restraints on. 24 By the time I went down there, they were calmed down. 25 Q They did They had already calmed down. So you went and saw them again? Page 275 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 65 of 321 Page ID #:3320 1 A I just walked down there because I had 2 something else I needed to do. But I did not go up 3 there and talk to any of them. I was reported that they 4 were all locked down, medical said they were good and 5 they were going to move them after they got 6 decontaminated, got new suits. 7 me. The intake escorted them also. 8 9 10 The intake officers told My office is right there in the hallway so I could see when the detainers were being moved. Q Where did you see the detainees? It was my 11 understanding based on your previous testimony that the 12 last time you saw was when they were leaving the day 13 room and you were directing your officers to take them 14 to medical. 15 A When they were being escorted out of the 16 institution. 17 them being escorted down the main corridor. 18 go out and acknowledge or say anything to them. 19 20 Q My office is right there, so I could see I did not So you saw them when they were being escorted from east to west? 21 A No, just down the main corridor. 22 Q Where were they going, do you know? 23 A To the intake area to be escorted over to the 24 west facility. They bus them over there, bring in the 25 bus and bus them in the little van and take them over Page 276 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 66 of 321 Page ID #:3321 1 there. 2 Q 3 But I did not see any of that. Did you pop in and look at them when they were in the medical unit? 4 A No, I did not. Uh-uh. 5 Q Did you see them at any other time other than 6 when, as you described, they walked down the hallway 7 past your office? 8 A No, ma'am. 9 Q So that was the only other time you saw them 10 outside of the day room? 11 A Yes, ma'am. 12 Q At what point, when you described them as 13 calm, at what point were they calm? 14 last saw them in the day room, or was it when they were 15 walking by your office? 16 17 18 A Was it when you When they were walking by the office being escorted. Q When they were walking by the office being 19 escorted, were they still wearing the clothing they were 20 wearing earlier when they were pepper sprayed? 21 MS. AGUADO: If you remember. 22 THE WITNESS: I don't remember that part. 23 I don't remember that part. 24 BY MS. STEINBACK: 25 Q When they were being escorted by your office, Page 277 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 67 of 321 Page ID #:3322 1 were they handcuffed or not handcuffed? 2 A They were in restraints. 3 Q And by restraints, are you talking about 4 handcuffs? 5 A Yes. 6 Q At that point, how much time had passed since 7 8 9 the incident, if you remember? A Well, according to this report, this happened early in the morning and they were transported over, I 10 believe to the west facility. 11 3:00 or 3:30 when they got there finally and they placed 12 them in the housing units. 13 Q It must have been around So just to make sure I'm perfectly clear. 14 After they left the day room and until you 15 saw them escorted by your office, you did not see them 16 at all; is that correct? 17 A Yes, ma'am. 18 Q You did not have any conversations with the 19 medical unit about them; correct? 20 A Yes, ma'am. 21 Q Did you have any follow-up 22 conversations with your officers about them that afternoon? 23 A I did not. 24 Q I believe you already testified. 25 Nope. I did not. No, I do not. But do you remember who it was that took them to medical and stayed Page 278 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 68 of 321 Page ID #:3323 1 Q Did any of the officers who talked to you 2 about the showers make any mention as to the detainees 3 response to the showers? 4 A That it just -- they told me, they said the 5 detainees said it was burning. 6 a tingle. 7 how it feels. 8 the water. 9 try to keep them out of the water because it will keep 10 11 But it more was more of I have been hit with pepper spray, so I know It just keep reactivating when you are in So once they get hit with the water once, we tingling. Q So you're assuming that is what happened, but 12 you were not there and you do not have knowledge of 13 that; right? 14 A That is practice. 15 Q Right. 16 A That is our practice. 17 Q So it's GEO's practice to do a quick shower, 18 get them out so it does not exacerbate the pain? 19 A Exactly. 20 Q When you worked at Adelanto, did you ever 21 receive any calls 22 the City of Adelanto regarding the facility's 23 operations? 24 A 25 or communications with anyone from Not me personally, I did not. MS. AGUADO: Do not speculate as to anyone Page 283 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 69 of 321 Page ID #:3324 1 curtains? 2 A Shower curtains in the bathroom areas. 3 Q So behind these curtains is where the 4 bathrooms are? 5 A Yeah. You have the sinks, toilets, then the 6 showers like back there. 7 the curtains closed when they are back there using the 8 restrooms. 9 Q And they are allowed to pull Do you need to walk through the restrooms to 10 get -- right now I'm pointing to the second tier 11 right-hand side, do you need to walk through the 12 bathrooms if you want to come down the center stairs? 13 14 A here. Yeah. If you come up, you have to go through You see the stairs here? 15 Q Yes. 16 A You can come up here, or go down here, up and 17 down here. 18 here, go through here. 19 20 21 Q But you have to walk this whole unit to go You just pull the curtains back. So that is what the dorm officer is supposed to do is walk the entire unit? A Yeah. And then you have your showers and 22 bathrooms back here. 23 to see what is going on in there. 24 25 Q Okay. So they have to make their rounds So when there is a count, is there just one officer that is doing the count for the entire unit, Page 302 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 70 of 321 Page ID #:3325 1 then the second officer does the count for the whole 2 unit? 3 Or do they break into these two tiers? A No. What they do is: When it is count time, 4 the officer that is in the unit will them to prepare for 5 count. 6 the officer tells them to prepare for count. 7 the detainees are up there, they have to wait for that 8 second officer to come in. 9 comes in, central control says to begin the count. So the detainees are to go to their racks when So once Once that second officer One 10 officer will count all this, come back, stand here, then 11 the second officer. 12 they have to come up with the same amount of numbers. 13 Q Okay. When they are both done counting, Where, if you know, where will the dorm 14 officer stand when he or she is announcing the count 15 again? 16 A They are here or they are roaming around, and 17 they come down to the day room and say to prepare for 18 count. 19 They do have not to be in on specific place. 20 have to say loud enough to get the detainees to rack up. 21 They will say, "Rack up, count time." 22 23 Q So the detainees will move and go to the racks. But they Is that announcement made in English and in other languages or just in English? 24 A Just in English. 25 Q Now, just starting here, do you see the men Page 303 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 71 of 321 Page ID #:3326 1 the feeding trays down. 2 Q Okay. So even when there is not an officer 3 standing here at the podium or visibility walking 4 around, there is still an officer watching and 5 everything is on cameras? 6 A Yes, ma'am. 7 Q So if anything were to happen, someone would 8 be responding? 9 A Yes, ma'am. 10 Q Here it looks like people milling about; is 11 that correct? 12 A 13 Yes, ma'am. About what time is that? 14 Q 6:20. 15 A Yeah. 16 I do not even think they prepped these guys yet for count. 17 Q What does it mean to "prep them for count"? 18 A Let them know it will be count time and to 19 return back to your racks. 20 come in, they can start counting; they do not have to 21 wait for everybody to to get in their bunks. 22 So then when the officers Q How much time do they typically give them to 24 A Usually about 10 minutes. 25 Q Someone just walked in carrying what looks 23 prep? Page 309 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 72 of 321 Page ID #:3327 1 MS. AGUADO: 2 MS. STEINBACK: 3 4 BY MS. STEINBACK: Q 2C1. For the record, we're still playing view East The time is 6:23:35 7 8 Do you know what is going on in the screen that we're watching now? 9 10 A Detainees walking around. paperwork. 11 12 Q Them handing him I have no idea what the paperwork is. Okay. bed area. Another detainee just came out of the It looks like he is speaking with the guard. 13 Is that accurate? 14 A Uh-huh. 15 MS. AGUADO: 16 THE WITNESS: 17 Sure. (A short break was taken at this time.) 5 6 Can we take a short break? Is that yes? Yes, yes. BY MS. STEINBACK: 18 Q I know you mentioned earlier that one of the 19 ways that you communicate with detainees who do not 20 speak English would be to use another detainee as a 21 translator. 22 In your experience, do detainees do that as 23 well? For example, if they have a detainee who does not 24 speak English, do they get another detainee, English 25 speaking detainee, to serve as a translator between them Page 312 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 73 of 321 Page ID #:3328 1 2 and the guards? A Yes. All of the time. If these two only 3 spoke Spanish, or one only spoke Spanish and the other 4 one English, he may say, "Can you translate?" 5 have a problem with them translating for each other. 6 Q The time is 6:25:29. 7 8 We do not It looks like detainees are still milling around; is that accurate? 9 A Yes. 10 Q At this juncture, does it look like an officer 11 has told the detainees that they should be prepping for 12 count? 13 MS. AGUADO: 14 speculation. 15 BY MS. STEINBACK: Objection, calls for 16 Q Can you tell? 17 A I cannot tell. 18 19 There is no audio. I cannot tell what he is speaking to the detainees about. Q I will represent to you that my clients 20 described this as having, as one of the detainees, the 21 plaintiffs, having presented papers to the officer. 22 it's my understanding that he presented it to an officer 23 named Officer Gillen. 24 25 And Can you tell from this screen whether that is Officer Gillen or not. Page 313 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 74 of 321 Page ID #:3329 1 A Here I come. 2 Q I'm pausing it at 6:32:56. 3 4 That is, you have identified yourself as having entered the screen? 5 A Uh-huh. That is me. 6 Q I will switch it to a view that is better. 7 We're switching over to view East 2C3. 8 So you're walking in. 9 one second. 10 I will back that up I'm moving forward a frame at a time. What is in your right hand right now? 11 A That is, I believe my OC spray that I pulled 12 out when I came in. 13 ready in case something was getting ready to pop off in 14 there. 15 Q Is that typically what you do when you enter A No. 16 17 So I pulled it out to just have it -No. The only time that we pull our spray 18 is when there is a situation going on in there. 19 we always keep our spray holstered. 20 21 Q If not, And that is pursuant to GEO policy and practices? 22 A Right. 23 Q Here did you put your OC on the table? 24 A Yeah, placed it on the table. 25 Q Why did you do that? Page 319 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 75 of 321 Page ID #:3330 1 staircase where it is 6:33:12. 2 Do you know who that is? 3 4 A No. Most of the officers, it's hard to see them. 5 MS. AGUADO: 6 on this video. 7 BY MS. STEINBACK: 8 9 10 Q You cannot see faces Do you recognize this person who looks like a female officer? And I'm pointing to an officer walking toward the furthest -- 11 A 12 it is. 13 Q 14 Right. That is a female officer, but I don't know who What is the white, it looks like a white piece of paper? 15 A 16 that table. 17 Q What was it that they handed to you? 18 A The list of names that were on here that were 19 20 21 22 They handed something to me when I went to basically claiming to be on a hunger strike. Q So did they hand it to you, or is that the piece of paper that -A Go back. Go back. Like I said, I know that 23 paper that I had in my hand was a list of names. 24 for them asking for anything, that was not on there. 25 Q But Okay. Page 321 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 76 of 321 Page ID #:3331 1 A I was still on the radio. 2 Q Stop me if you recognize -- 3 A That is Officer Reyes. 4 Q The individual right now picking things up off 5 the table is Officer Reyes, and we are at 6:34:15. 6 A I believe he was talking to the detainees 7 also. He was taking items away from them that was 8 contraband, they were not allowed to have. 9 Q What is happening right now at 6:34:25? 10 A I still believe that we were just waiting for 11 these detainees to return to the buck areas. 12 just standing around waiting for these guys to comply. 13 And they would not comply. 14 15 Q We were Here it looks like the detainees are sitting with their arms on the table. 16 A Right. 17 Q Are they doing anything at this point? 18 they shouting? 19 A No. 20 Q Going forward, 6:34:32. 21 22 25 They are sitting there real quiet. You are walking toward the end of the day room. 23 24 Are Do you know what you're doing there? A Walking around, observing, seeing what is going on, accessing the situation. Page 327 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 77 of 321 Page ID #:3332 1 2 3 4 5 6 Q around 6:34:44? A Q MS. AGUADO: Objection, calls for speculation. If you know what he was thinking. 10 12 So would that officer have left the top tier if he felt there was a threat? 9 11 This is the the officer on the top tier racking them up. 7 8 Do you know who just entered the frame at THE WITNESS: It's uncertain. BY MS. STEINBACK: Q If an officer was standing in a tier and felt 13 there was a concern about the security of the facility, 14 should that officer leave the post? 15 A They would have called me up there. 16 Q They would have called you up there? 17 A Yes. 18 19 20 21 And said that they had a situation on the top tier. Q And you have not mentioned that. You did not receive a call; correct? A I did not receive any calls. To my 22 recollection, I don't remember getting a call from 23 anybody, from any of the officers. 24 year ago. 25 Q But, again, it was a If you had received a call from an officer Page 328 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 78 of 321 Page ID #:3333 1 2 saying you need help up here -A 3 4 MS. AGUADO: 7 Make sure you let her finish the question before you respond. 5 6 Yeah, I would have responded. MS. STEINBACK: Thank you. BY MS. STEINBACK: Q And the officer that came down from that tier, 8 going forward, looks like he is walking casually around 9 the day room. 10 Would you agree? 11 A Yes. 12 Q Again, stop me if you recognize any of these 13 officers so we can identify them, for the record. 14 A Ms. Jones. 15 Q For the record, it's 6:35:06. 16 And the deponent is pointing to? 17 A Ms. Jones, medical. 18 Q Ms. Jones, medical, who is on the right center 19 of the screen. 20 female officer who you gave the piece of paper to. 21 22 23 24 25 A Yes. It looks like she is standing next to a And the more -- this one -- the more I look at him, that is Gillen. Q So just below her, and man who looks to be wearing a baseball cape is Officer Gillen. A Yes. Page 329 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 79 of 321 Page ID #:3334 1 saying to the detainees? 2 3 A their rack areas. 4 5 Giving them verbal commands to go back to Q Okay. to you. 6 7 There is an officer that is walking up Do you recognize who that officer is to the left? 8 A I'm not sure who that is. 9 Q Okay. I believe you said, and we are at 10 6:35:25, that the officer who is standing next to an 11 empty table leaning on it, was Reyes? 12 A That is not Reyes. 13 Q That is not Reyes? 14 A Uh-uh. 15 Q Okay. Right here. For the record, 6:35:46, there is a 16 guard who is standing next to one of the tables with the 17 detainees, the one closest up to the camera, that is 18 Officer Reyes. 19 20 Going forward, you are again walking away from tables. 21 22 Just stopping at 6:35:44, I'm looking at the top tier closest to the camera. 23 Is that a guard who just walked in? 24 A Yes. 25 Q Do you recognize who that guard is? Page 331 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 80 of 321 Page ID #:3335 1 individuals to report back to their bunks. 2 3 Q officers in the frame are giving verbal commands? 4 5 6 7 A Getting them to disperse, go back to the bunk Q All right. area. MS. AGUADO: 12 13 We cannot hear audio in the videos. BY MS. STEINBACK: Q MS. AGUADO: Can you tell they are screaming? 17 19 20 21 Which is the sides of their heads? 16 18 Based on what you can tell based on what you are observing? 14 15 Objection, calls for speculation. 10 11 At this point, are detainees screaming at you? 8 9 So at 6:37:01, you are saying that all of the THE WITNESS: No. BY MS. STEINBACK: Q Okay. At 6:37:15, were you again waving your OC spray? A Giving verbal commands, pointing it at the 22 detainees here. 23 I was letting the detainees know that they needed to 24 rack up. 25 Q Okay. It was not being sprayed or anything. As all of this is taking place, are the Page 335 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 81 of 321 Page ID #:3336 1 officers waiting for you to tell them what to do? 2 3 MS. AGUADO: Objection, calls for speculation. 4 Go ahead. 5 THE WITNESS: We were still giving them 6 verbal commands to go back to the bunk area. 7 BY MS. STEINBACK: 8 9 10 Q Would the officers have laid hands, according to GEO policy and practices, would the officers have laid hands on the detainees without your -- 11 A No. 12 Q -- directive? 13 A No. 14 Q Have you given any directives to the officers 15 at this point? 16 A No. 17 Q I will pause it at 6:37:57. 18 19 Have you given any directives to the officers right now? 20 21 MS. AGUADO: If you know. Do not guess. BY MS. STEINBACK: 22 Q Yeah. I don't want you to guess. 23 A No, they were not given any directives to do 24 anything. I have to think back on this. 25 not given any directives. But they were Page 336 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 82 of 321 Page ID #:3337 1 2 3 MS. STEINBACK: Thank you. BY MS. STEINBACK: Q I'm just backing it up again. 4 6:48:42, I will start from here. 5 Does that look like you were spraying a 6 7 8 9 10 11 detainee? A It's possible. there when he was resisting the officers. Q You're saying that you must have sprayed in this interaction? A Just from reactions to the detainees. 12 13 Keep going. 16 I don't remember spraying right there. 14 15 They may have sprayed him MS. AGUADO: Do not guess. BY MS. STEINBACK: Q Did you spray there? 17 I stopped it at 6:39:02. Do now believe watching the video that you 18 did deploy OC spray against the detainees between 19 6:38:42 and 6:38:57? 20 21 MS. AGUADO: speculation. 22 Only if you know. 23 24 25 Objection, calls for THE WITNESS: I don't recall. BY MS. STEINBACK: Q Going forward. All right. Stopping again at, Page 342 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 83 of 321 Page ID #:3338 1 to replay it at 6:39:00 to 6:39:02. 2 Did you spray OC spray at a detainee there? 3 I will go back if you like to watch it 4 again. 5 Starting again at 6:39 -- 6 A I don't recall that one. 7 Q Watching it, do you believe you may have 8 sprayed these detainees at 6:39:00 to 02? 9 10 MS. AGUADO: speculation. 11 Only if you know. 12 13 Objection, calls for THE WITNESS: No, I don't recall that one. BY MS. STEINBACK: 14 Q So you're saying you did not? 15 A No. 16 Q Okay. 17 I'm going to rewind it a little bit. It appears to me that you are coughing or 18 covering your mouth. 19 that? 20 A Yes. 21 Q All right. 22 forward. I just want to know if you see For the record 63:03, going You are now walking away from the table. 23 I'm pausing it at 6:39:21. 24 What were you doing walking over to the 25 podium? Page 343 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 84 of 321 Page ID #:3339 1 A I don't recall. But on this incident, yes, I 2 did spray. 3 not get up. 4 because they were right in the middle of the spray. 5 it was on this table, these detainees did get sprayed. 6 Q 7 at it. 8 I did spray those detainees when they did I don't know why these two did not get up, But So there is one table with two detainees left You are saying that you sprayed that table? 9 A Uh-huh. 10 Q Where were you standing when you sprayed that 11 table? 12 A Right here at the end. 13 Q At the end closest to us? 14 A I went right down the middle. 15 Right down the middle. they got up and start coughing. 16 Q I will rewind it so that you can show me where 17 in the video that you did that. 18 MS. AGUADO: 19 22 23 Do not guess about what you did. 20 21 This is when THE WITNESS: Well, I know I sprayed. BY MS. STEINBACK: Q For the record, I'm rewinding it right now frame by frame. 24 If you see where you sprayed when I'm 25 rewinding, you can stop me, or I will go forward. Page 344 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 85 of 321 Page ID #:3340 1 A Go forward again. 2 Q All right. 3 to go forward again. 4 5 I'm stopping 6:47:44 and starting I'm going forward, so I can stop it when you want. 6 A The spray went this way. 7 Q Where? 8 A I was standing here, had the can. 9 So I sprayed here. I sprayed it and went across the table. 10 Q You told me -- 11 A The reason I remember this is the officers 12 were standing right there. 13 the detainee up off of the table, then the other 14 detainees on the other side, they were starting to link 15 arms, so I sprayed it. 16 sprayed one time. 17 Q When they were trying to get And it sprayed this way. I only So you're talking around 6:38:14 when a number 18 of officers are crowding around a detainee, that is the 19 moment that -- 20 21 22 A I disbursed my spray here. I only sprayed them once. Q It's your testimony having watched this video 23 a number of times backward and forwards, that is the 24 only time you did spray the OC spray? 25 A One time right here. Page 345 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 86 of 321 Page ID #:3341 1 MS. AGUADO: 2 MS. STEINBACK: 3 Can we take a short break? Sure. (A short break was taken at this time.) 4 MS. STEINBACK: For the record, we did just 5 take a break and the deponent had an opportunity to 6 meet with her attorney, who was the one that called 7 the break. 8 testimony. 9 BY MS. STEINBACK: 10 11 Q And she is now seeking to revise her What is the revised testimony that you would like to submit? 12 A On the spray. 13 Q What would you like to say now? 14 A These are not the ones that I sprayed. 15 you, I only used my spray once. 16 way through the video. 17 Q 18 19 So. I want to go all the We will go through the video. So, your testimony is you did not spray anyone at the first table, which is being cleared? 20 A Yes, ma'am. 21 Q And you're testifying that way despite 22 everything you have seen? 23 A Yeah. 24 Q Just making sure. 25 I told Good forward. Right now, 6:38:37. Page 346 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 87 of 321 Page ID #:3342 1 2 You appear to walking back toward the bed units and waving the OC spray; is that accurate? 3 4 And just to be clear: testify at trial, here you're under oath. 5 You realize that; right? 6 A Yes. 7 Q Just making sure. 8 9 10 Just like when you Going forward. Just to clarify: the only person in the video right now that has authorization it use OC spray; correct? 11 A Yes. 12 Q I will stop it at 6:39:02. 13 14 You now have had an opportunity to watch it again. 15 16 Is it still your testimony you have not deployed any OC spray? 17 A Yes, ma'am. 18 Q Going forward. 19 MS. AGUADO: Do not Objection, calls for speculation. 23 25 If you can tell. guess. 22 24 Just back to 6:39:02. Did you deploy OC spray just now? 20 21 You are THE WITNESS: No. BY MS. STEINBACK: Q Okay. I'm stopping it at 6:39:22. Page 347 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 88 of 321 Page ID #:3343 1 2 Are there any officers in the tiers right now, to your knowledge? 3 A Not that I can see. 4 Q I know there is no audio here. 5 is see what is on the video. 6 7 8 9 10 11 12 All we can do Would you characterize what you are seeing in the video as a rebellion or a riot? A A rebellion or a riot. I know from when I was in here, these detainees were yelling and screaming on the top tiers. Q Did you, did you direct any officers to go to the top tiers at this time? 13 A No. 14 Q Why not? 15 A I did not recall why. 16 Q If you had a legitimate security concern, 17 would you have sent officers up to the top tiers? 18 A Yes. 19 Q That is in accordance with GEO policies and 20 practices? 21 A Yes. 22 Q It is approximately 6:39:31. 23 24 25 You're starting to walk back into the day room, still waving your OC spray. It's your testimony that up until now, you Page 348 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 89 of 321 Page ID #:3344 1 2 BY MS. STEINBACK: Q Let me see if we can speed this up. 3 4 I just am looking for you to identify the instance where you used the OC spray. 5 Can you do that for me? 6 A Right there. 7 Q So 6:42:25? 8 A Because the officers moved, I shot it right 9 10 11 across the table. Q So it is your testimony that is the only time you used the OC spray during the interaction? 12 A Yes, ma'am. 13 Q Was that the only time that you felt it 14 15 appropriate to use OC spray during this incident? A Yes, ma'am. 16 MS. AGUADO: I think we are done. 17 MS. STEINBACK: Okay. Thank you. You have 18 right to read -- do you want to tell her her right, 19 or if she will waive signature? 20 MS. AGUADO: 21 22 23 24 25 Are you not doing a stipulation? MS. STEINBACK: Off the record. (A short break was taken at this time.) MS. AGUADO: So we're going to be relieving the court reporter of her duties under the Federal Page 353 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 90 of 321 Page ID #:3345 EXHIBIT 16 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 91 of 321 Page ID #:3346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ______________ OMAR ARNOLDO RIVERA ) MARTINEZ; ISAAC ANTONIO ) LOPEZ CASTILLO; JOSUE ) VLADIMIR CORTEZ DIAZ; JOSUE ) MATEO LEMUS CAMPOS; MARVIN ) JOSUE GRANDE RODRIGUEZ; ) ALEXANDER ANTONIO BURGOS ) MEJIA; LUIS PEÑA GARCIA; ) JULIO CESAR BARAHONA ) CORNEJO, as individuals, ) PLAINTIFFS, ) vs. )No. 5:18-cv-01125-R-GJS THE GEO GROUP, Inc., a ) Florida corporation; the ) CITY OF ADELANTO, a ) municipal entity; GEO ) LIEUTENANT DURAN, sued in ) her individual capacity; GEO ) LIEUTENANT DIAZ, sued in her ) individual capacity; GEO ) SERGEANT CAMPOS, sued in his ) individual capacity; SARAH ) JONES, sued in her ) individual capacity; THE ) UNITED STATES OF AMERICA; ) and DOES 1-10, individuals, ) DEFENDANTS. ) _____________________________) DEPOSITION OF ANTHONY REYES Tuesday, April 30, 2019 Bakersfield, California Reported by: Priscilla Ornelas, CSR No. 14276 Pages 1-190 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 92 of 321 Page ID #:3347 1 MS. AGUADO: 2 THE WITNESS: 3 them. 4 BY MS. SWEETSER: Objection. That's vague. I didn't know, really, any of No. 5 Q. Do you speak Spanish? 6 A. Very little. 7 Q. While you were in the facility, was it ever 8 your practice to talk to the detainees in Spanish. 9 A. It's not a requirement. 10 Q. Did you ever do that? 11 A. Very rarely. No. Very rarely because I can barely 12 speak, you know, Spanish myself. 13 only speaking Spanish and they really needed something, 14 I would do my best to try to understand. 15 16 17 18 Q. Only when they were Where did you pick up the little Spanish that you do have? A. Everywhere. Friends, work. Detainees would teach me too sometimes. 19 Q. It's not something you ever studied? 20 A. No. 21 Q. You don't have any family members that speak 22 Spanish? 23 A. No. 24 Q. And you don't have a memory -- in terms of the 25 detainees that were involved in this incident, you don't Page 43 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 93 of 321 Page ID #:3348 1 MS. AGUADO: 2 THE WITNESS: Assuming you heard something. She was just asking them to rack 3 up for count or go back to the bunk area. She was 4 asking why were they sitting there and what -- what the 5 problem was. 6 BY MS. SWEETSER: 7 Q. Did she ask that in English or in Spanish? 8 A. English. 9 Q. Did you hear her speaking Spanish with the 10 detainees at any time? 11 A. No. 12 Q. Do you know if any of the officers that 13 14 responded with you speak Spanish? A. 15 16 17 18 I don't know if they speak Spanish or not. Actually, yes. Officer Martinez does speak Spanish. Q. Have you heard him speaking Spanish in the facility previously? 19 A. Yes. 20 Q. Have you heard him speaking Spanish with the -- 21 22 with any of the detainees in this incident? A. I don't remember him speaking Spanish with 23 these specific detainees, but I -- I remember him 24 speaking Spanish, translating to detainees when he was 25 asked to. Page 80 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 94 of 321 Page ID #:3349 1 Q. When was that? 2 A. That's when -- after the wardens and the chief 3 came down, we were all talking to them. 4 assessing the situation. 5 watch over the rest of the detainees, and it slowly just 6 started -- like, you're sweating after all of the moving 7 and fussing and stuff. 8 spray just started leaking into my eyes, and I couldn't 9 see. 10 11 They were I was left in the unit to So I was sweating and the pepper So I radioed for help. Q. And that was after the wardens came to visit the unit? 12 A. After they came and left, yes. 13 Q. Were the other -- I know -- well, is it true 14 that at some point the detainees were -- other detainees 15 who weren't part of the hunger strike were evacuated 16 from the unit; is that right? 17 A. Yes. 18 Q. Was this before or after that happened? 19 A. Where I couldn't see? It was after. So when 20 detainees that were involved in table -- or involved in 21 not racking up for count were in the rec yard, after 22 they left the rec yard, we evacuated the rest of the 23 unit into the rec yard. 24 25 Q. And so after they were -- the rest of the unit was evacuated, you stayed behind to watch over and clean Page 122 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 95 of 321 Page ID #:3350 1 up the unit? 2 A. Yes. 3 Q. And at some point the wardens came and looked 4 at the unit as well? 5 A. Right. 6 Q. Do you know -- did you talk to them at that 7 time, the wardens? 8 A. It was mainly Lieutenant Diaz speaking to them. 9 Q. Did you overhear their conversation? 10 A. No. 11 12 13 14 15 I don't remember any of their conversations. Q. When you say "wardens," plural, how many wardens are usually at the facility? A. There's a warden and assistant -- assistant warden and a deputy warden. 16 Q. And did you say there's a chief as well? 17 A. There's a chief. 18 Q. Is the chief below -- just below the wardens? 19 A. Yes. 20 Q. And, then, would Lieutenant Diaz be the next 21 rank down after the chief or are there other -- 22 A. Captains. 23 Q. Were there any captains that came as well or -- 24 A. I don't remember captains being there or not. 25 Q. And you don't remember anything that Lieutenant Page 123 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 96 of 321 Page ID #:3351 1 help when you started having trouble seeing; is that 2 right? 3 A. Yes. 4 Q. Did someone respond to your call? 5 A. Yes. 6 Q. Who was that? 7 A. I know one of them was Officer Contreras. I 8 don't know who the other officer was because I literally 9 couldn't open my eyes. 10 Q. Did they take you somewhere in the facility? 11 A. They took me to the Medical Department. 12 Q. When you got to the Medical Department, who was 13 14 15 present? A. I couldn't see. I walked blind from this unit to the Medical Department. 16 Q. Did you speak to someone on the medical staff? 17 A. Yeah, it was a nurse there. I don't remember 18 what nurse it was; but we immediately just washed out my 19 eyes with water, and then they were evaluating. 20 Q. Was -- did she just wash out your eyes with 21 water, or was there any other kind of decontaminant they 22 have? 23 A. Water and soap -- hand soap. 24 MS. AGUADO: Can we take a short break? 25 MS. SWEETSER: Sure. Page 125 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 97 of 321 Page ID #:3352 1 before? 2 A. Yes. 3 Q. And is it something you visited in 4 connection -- only in connection with your work at 5 Adelanto? 6 A. Yes. 7 Q. And why did you go to Desert Valley Clinic at 8 this time? 9 A. That's where they told me to go. 10 Q. They told you to go and get evaluated at Desert 11 Valley Clinic. 12 A. Yes. 13 Q. Who told you that? 14 A. Duardo. 15 His name is Duardo. He's a safety -- fire and safety manager at GEO. 16 Q. When did you see him? 17 A. When I was in the Medical Department, after 18 washing out my eyes. 19 20 Q. How long after you arrived in the Medical Department would you say he arrived? 21 A. I don't know. 22 Q. Was he present while Nurse Jones was examining A. I don't remember if he was present while she 23 24 25 I don't remember. you? was examining me. Page 138 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 98 of 321 Page ID #:3353 1 2 Q. Could you spell Duardo for the court reporter real quick. 3 A. D-u-a-r-d-o. 4 Q. What did he say to you about going off-site? 5 A. He just -- the main thing that -- they ask 6 certain questions when the medical staff examines me. 7 One of the questions was "Do you have asthma?" 8 "Yes." 9 said "No." I said They asked if you're having trouble breathing; I 10 So Duardo came and spoke to me, and he said 11 that they asked if my skin was a rash or if it was from 12 the OC spray. 13 probably from the OC spray irritating my skin." 14 said that because I have asthma, they're going to send 15 me out to the clinic for precautions, just to make sure 16 I'm okay. 17 18 Q. I said, "It's not a rash. facility? MS. AGUADO: 20 THE WITNESS: 22 23 So they Did you do any kind of breathing test in the 19 21 It's just Objection. It's vague. No. BY MS. SWEETSER: Q. Did Nurse Jones use a stethoscope to listen to your lungs? 24 A. I don't remember if she did or not. 25 Q. When you got to Desert Valley Clinic, were you Page 139 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 99 of 321 Page ID #:3354 1 seen by a doctor there? 2 A. Yes. 3 Q. And did the doctor tell you anything about how 4 to treat your injury from the pepper spray? 5 A. Yes. 6 Q. What did he say? 7 A. He said to use normal soap and water. 8 9 10 said baby soap works best. Q. A. 12 scope. 13 Q. 15 Did they do any kind of test for your breathing or anything like that at Desert Valley? 11 14 They No. They just checked my breathing with a Made sure it was clear. That's it. And after you saw them at the clinic, did you use baby soap to clean off the rest of the spray? A. 16 No. After the clinic? 17 Q. Yeah, after the clinic. 18 A. Yeah. 19 Q. Did you just use normal soap, or did you just 20 I went home and took a shower. grab some baby soap somewhere to use? 21 A. I used normal soap. 22 Q. How long did you say it was before the effects 23 I didn't have baby soap. of the spray wore off for you? 24 A. About three days. 25 Q. Were you still having trouble seeing for those Page 140 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 100 of 321 Page ID #:3355 1 2 BY MS. SWEETSER: Q. Is there any reason you didn't include him in 3 the -- you say, "Lieutenant Diaz and myself gave several 4 commands." 5 reason? 6 7 8 9 A. You didn't include him there. Is there any Well, he came after I was trying to -- he came in the middle of the incident. Q. So he wasn't there when you and Lieutenant Diaz were talking to the detainees in the beginning? 10 A. Right. 11 Q. Do you remember about when he arrived? 12 13 He was not there. what was going on when he arrived? A. Yeah. 14 MS. AGUADO: 15 THE WITNESS: Calls for speculation. I told you, when he arrived, we 16 were taking the detainee to the wall. 17 BY MS. SWEETSER: 18 19 Q. MS. AGUADO: 24 25 Objection. That's vague as to "reason." 22 23 Did you hear, at any time, anyone try to reason with the detainees in Spanish? 20 21 Like, THE WITNESS: I don't remember. BY MS. SWEETSER: Q. Do you remember anyone speaking to the detainees in Spanish? Page 148 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 101 of 321 Page ID #:3356 1 that chart I told you, where we checked off every food 2 meal that they did; see if they ate. 3 didn't have that time to do that. 4 Obviously, we So we needed to get them to Medical so medical 5 staff can ask them, "Hey, how long has it been since 6 you've eaten? 7 low?" 8 that's when we started telling them, "Hey, either go 9 back to your bed -- start complying with us -- let's get Are you sick? Is your blood pressure What -- they didn't want to move with us. So 10 count over with. 11 you don't, if you want to completely refuse and, as you 12 say, 'start a hunger strike,' we're gonna have to get 13 you into Medical because we can't leave you in the unit 14 without eating. 15 16 17 Q. Let's talk about this situation; or if You're gonna harm yourself." So... So did you specifically tell the detainees that you wanted them to go to Medical? A. Yes. I gave them two options: to go back to 18 their beds or come out with us. 19 Medical." 20 wanted to sit there at the table until an ICE officer 21 came. 22 23 24 25 Q. "We'll take you to They didn't want to do either. They just And that was something that you said to them in English? A. Yes. And there were some detainees that spoke English there. Page 150 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 102 of 321 Page ID #:3357 1 where we would call and the translator would tell us 2 what they want, what they needed. 3 4 Q. Did you ever use that translator line while you were working at GEO? 5 A. No, I did not. 6 Q. Were there any other techniques or tips they 7 8 9 gave you for communicating across the language barrier? A. They would just find out if anybody else -- they would tell us to find out if anybody else in the 10 unit that spoke their language also spoke English, which 11 a hundred percent of the time that's what my experiences 12 came down to. 13 and was able to translate in the dorm. 14 99 percent of the time, the detainees wouldn't even try 15 to communicate with us without bringing somebody that 16 spoke English because they knew that I didn't speak a 17 lot of different languages. 18 English would rarely approach me, try to communicate 19 with me. 20 "Hey, tell the officer this for me." 21 22 Q. I always found somebody who spoke English I mean, So someone who didn't speak They would always bring somebody and say, Did you see in this case anyone who wasn't seated at the tables translating for these detainees? 23 A. Excuse me? 24 Q. Did you see anyone -- so besides the detainees 25 I don't understand your question. who were sitting at the tables, did you see any other Page 159 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 103 of 321 Page ID #:3358 1 BY MS. SWEETSER: 2 Q. At the time -- 3 A. So... 4 Q. I'm sorry. 5 Sorry. 6 7 MS. AGUADO: 10 I think you responded to her question. 8 9 I'll let you finish your answer. THE WITNESS: Okay. BY MS. SWEETSER: Q. At the time that you and Officer Martinez were 11 pulling up the first detainee you pulled out of his 12 seat -- 13 A. Uh-huh. 14 Q. -- had pepper spray been deployed at that time? 15 A. I don't remember if it had or not. 16 17 MS. AGUADO: Maybe this would be a good time to just watch the video. 18 MS. SWEETSER: All right. 19 done with my training questions. 20 BY MS. SWEETSER: Let me see if I'm 21 Q. In your opinion, was this a rebellion? 22 A. Excuse me? 23 Q. In your opinion, was this a rebellion? 24 A. Yes. 25 I believe the detainees were just not wanting to comply. Page 166 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 104 of 321 Page ID #:3359 1 Q. What were you trained that a rebellion is? 2 A. We weren't trained on rebellion. 3 combative and not complying. 4 5 It was more Q. So that wasn't a term that they used in your training? 6 A. "Rebellion," no. 7 Q. In what verbal controls of detainees were you 8 Not that I remember. trained on? 9 A. Excuse me? 10 Q. Were you trained on something called "verbal 11 controls of detainees"? 12 A. There was -- it wasn't verbal controls. 13 was -- they called it verbal judo. 14 controlling with the words that we used. 15 that we need to say to gain control. 16 It So it was There's words Q. And what weaponless controls were you trained 18 A. Like, verbal judo. 19 defensive? 20 Q. 17 21 on? Our -- you mean as a Well, I was just wondering: Were you trained on anything like restraining holds -- 22 A. Uh-huh. 23 Q. -- or pain compliance techniques? 24 A. Yes, pressure points. 25 Q. Would you call them weaponless controls? Page 167 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 105 of 321 Page ID #:3360 1 2 A. I don't know what I would call them. I would just call them pressure points. 3 Q. Are those major or minor uses of force? 4 A. I don't -- I don't remember if it was major or 5 minor. 6 Q. 7 detainees in this incident? 8 9 Were you using any restraining holds on the A. I believe I was trying to use a pressure point behind the ear on the detainee that was elbowing. 10 Q. And was that effective? 11 A. Yes. 12 Q. Is the reason you don't remember if pepper 13 spray was deployed or not because you didn't need pepper 14 spray to get the detainee out of his seat? 15 16 MS. AGUADO: testimony. Objection. Calls for speculation. 17 Go ahead. 18 THE WITNESS: I don't even know if the detainee 19 was sprayed or not at the time. 20 BY MS. SWEETSER: 21 Q. 22 up. 23 him up? 24 25 Misstates his So I don't know. But you didn't need the pepper spray to get him You used the pressure points, and that was what got A. I don't know what got him up. I just know that I was there; he was elbowing; I used a pressure point Page 168 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 106 of 321 Page ID #:3361 1 2 3 behind his ear; and he just eventually got up. Q. Did you feel that you and Officer Martinez were capable of getting that detainee out of his seat? 4 MS. AGUADO: Objection. 5 misstates his testimony. 6 there were three people present. 7 THE WITNESS: Right. Martinez, and Officer Gillon. 9 BY MS. SWEETSER: 11 Q. the detainee up? A. 13 "capable"? 14 Q. 16 Capable as in what? to get him out of his seat. A. Yes? After so many times trying to talk to him and eventually restraining him. 18 to get up out of his seat. Q. What do you mean Did you -- you managed between the three of you 17 19 There was me, Officer And were the three of you capable of getting 12 15 Also I think he previously said 8 10 It's vague. He definitely didn't want Do you know about how long it was between when 20 you saw that detainee elbowing Officer Martinez and 21 how -- and when he got out of his seat? 22 A. No, I don't know how long it was. 23 Q. Were you ever trained that you should 24 administer pepper spray at a distance of more than five 25 feet? Page 169 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 107 of 321 Page ID #:3362 1 MS. SWEETSER: It's 6:33:30 at C-3. 2 MS. TISHKOFF: C-3? 3 MS. SWEETSER: Yeah. 4 5 6 7 8 9 10 BY MS. SWEETSER: Q. Does that help at all? Ms. Diaz. A. Right. I -- I can't tell what she has in her hand right there. Q. as well? At this time, were you talking to the detainees Were you speaking to them at this time? 11 MS. AGUADO: 12 If you know. 13 THE WITNESS: 14 15 16 Calls for speculation. No. BY MS. SWEETSER: Q. Is this -- do you -- do you know if this -- well, let's go forward a little bit. 17 18 I'm zooming in on All right. Sorry. So I have it on 6:35:41. Do you see yourself in this portion of the video? 19 A. I do. 20 Q. And is that you speaking with a detainee on the 21 lower right-hand side of the table? 22 A. Yes. 23 Q. Do you remember if you were speaking English to 24 25 the detainee? A. Yes. Page 181 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 108 of 321 Page ID #:3363 1 2 Q. Do you remember if he was responding to you in English? 3 A. Yes. 4 Q. And what was he saying to you at this time? 5 A. I don't remember exactly what he was saying to Q. We've watched a little bit of it from 6:35:41. 6 7 me. 8 Do you see anything in front of any of these detainees 9 on the table? 10 A. Yes. 11 Q. And what's that in front of them? 12 A. I see a white piece of paper. 13 Q. Was that a list of demands they had in front of 14 them? 15 MS. AGUADO: 16 If you know. 17 THE WITNESS: 18 19 20 21 22 23 24 25 Objection. Calls for speculation. I don't know what that was. BY MS. SWEETSER: Q. You didn't actually -- you didn't take a close look at it during this incident? A. I don't remember. I don't remember that paper at all. Q. Do you see what is in Lieutenant Diaz's hand at this point at around 6:36:22? A. Yes. Page 182 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 109 of 321 Page ID #:3364 1 Q. And what is that? 2 A. That's her pepper spray she's holding. 3 Q. Do you remember if she was giving commands to 4 the detainees at this time? 5 MS. AGUADO: 6 If you know. 7 THE WITNESS: 8 9 10 Calls for speculation. I don't remember, no. BY MS. SWEETSER: Q. And if I fast-forward a little bit to 6:37:49, do you see yourself in this frame? 11 A. I think that's me, but I'm not positive. 12 Q. So you pointed to -- there's someone walking 13 between these two tables. 14 pointing to? Is that the person you're 15 A. Yes. 16 Q. And you think that's probably you? 17 A. Probably. 18 19 20 I'm not sure. You would have to play the video for me to find out. Q. Okay. I'll play a little bit of it. We're starting at 6:37:49 on the video. 21 A. Yes, that was me. 22 Q. And you're stopping there to talk to the 23 detainees again; is that correct? 24 A. Yes. 25 Q. And, again, you're speaking English to them? Page 183 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 110 of 321 Page ID #:3365 1 A. Yes. 2 Q. And do you remember anything that you were 3 4 saying at this time? A. Just asking them to come -- "Come with me." 5 Like, "Go back to your bed. 6 this." 7 Q. 8 9 10 You just don't want to do Have you seen a version of this video with sound, or is it only silent? A. It's only silent. They don't pick up -- the cameras don't pick up sound. 11 Q. And do you -- where are you now in the video? 12 A. I'm over there helping with the combative 13 14 15 detainee. Q. Is that the detainee you remember seeing elbow Officer Martinez? 16 A. Yes. 17 Q. So I think that is at 6:38:34. 18 just a little bit. 19 20 I'll back it up I don't see any crossover. All right. So we're at 6:37:53, and you're still on the right-hand side; correct? 21 A. Okay. 22 Q. And just identify for me -- I'll stop it when 23 24 25 Yes. you think you see the elbowing happening. A. Right there. There's the -- the officer's moving back and forth. Page 184 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 111 of 321 Page ID #:3366 EXHIBIT 17 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 112 of 321 Page ID #:3367 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 1 .t: 2 3 4 5 RIVERA CERNFIED MARTINEZ; ISAAC ANTONIO TRANSCRIPT LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARV]N JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LU]S PENA GARC]A; JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, Case No. VS. 5:18-cv-0II250-R-GJS THB GEO GROUP, INC., a Florida corporation; THE CITY OF ADELANTO/ a municipal entity; GEO LIEUTENANT DURAN, sued in her individual capacity; cEO LIEUTENANT DIAZ, sued in) her individual capacity; cEO SERGEANT CAMPOS, sued in) his individual capacity; SARAH JONBS, sued in her individual capacity; THE UN]TED STATES OF AMERICA; and DOES 1-10, individuals, Defendants. OMAR ARNOLDO ) ) ) 6 1 ) ) ) B 9 ) ) ) 10 11 ) ) T2 13 ) ) ) I4 & 15 ) ) ) T6 7l 18 79 ) ) ) ) 20 ) ) 2I ) __) RODRICK G]LLON OF DEPOSITION 22 ZJ REpORTED 24 25 I PAGES 1 BY PERSON MOST KNOWLEDGEABLE MONDAY, MAY 73, 20I9 CHRTSTTNE RYBTCKT, C. S.R. 13481 181 JOB NO. 3294594 Page .t l Veritext Legal Solutrons 866 299-5127 1 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 113 of 321 Page ID #:3368 1 2 3 4 tr J 6 1 B 9 10 O Can you speak any Spanish outside of what you l-earned? After taking Spanish classes in hiqh school, do you feel like you can speak Spanish? A No. O When you were working for the temp agency at various warehousesr were you ever disciplined for anything on the job? A No. O Were you given any verbal warnings by any supervisors ? 11 A No. I2 O A Have you ever been fired 13 from a job before? No. t1 O When you were first hired with The GEO Group, what sort of training did you recei-ve? vaque and ambiguous. MS. AGUADO: ftrs a little Is there any way you can narrow it down? 1B BY MS. ALARCON L4 15 T6 I9 20 o When : you were hired by The GEO Group, did you receive any training? 2I A Yes. 22 n ZJ A 24 o long were you trained for? Three weeks. Was that in a cl-assroom or on t.he field? 25 A Clas s . How Page Veritext Legal Solutions 866 299-5127 L4 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 114 of 321 Page ID #:3369 1 O Can you describe what count is? 2 A It's 3 4 5 a count we do every day, accountability the detainees that are there in each unit. O When times a day you say count is done every day, how many is it done? 6 A Twice a shift. 1 O And how many shifts B A Three 9 U So it's 10 A Yes. 11 1,2 of are there? done six times a day? you mentioned that you, as a dorm O When officer/ are the only officer ina dorm, right? 13 A YeS. I4 O Do you perform the count in each dorm during your 15 shi ft I6 A No. I1 O Who 1B A Yes. Me and another officer 1,9 ? if Itm assigned to that unit. ZU O Is that GEO's Practice? 21, A YeS. 22 O So is it a dorm officer 23 as the utility, that conduct a count in each z4 A Yes. 25 O And who does the first plus a utility officer dorm? count, the dorm officer Page Veritext Legal Solutions 866 299-5127 or 62 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 115 of 321 Page ID #:3370 1 that morning? 2 A I'm not sure. 3 O Would you have documented that in your logbook? 4 A I'm not sure. 5 O In June 201,1, was it your usual practice to 6 document missed meafs in the logbook? 1 A Yes. B O Woul-d you have documented 9 that in your personal paper that you hand to your shift supervisor at the end? 10 A Vaq 11 O Are you aware that on June l2t1n, 201J, detainees I2 in 2 Charlie declared a hunger strike? 13 A Was I aware? 1_4 O Yes. 15 A Before I left, L6 a How L1 A Letter. 1B O Who gave T9 A Detainees. 20 O Detainees? 2I A Yes. 22 O Was ZJ A Yes. 24 O Can you describe the contents of the letter? 25 A Not sure. yeah. did you learn of that? you that letter? it more than one detainee? Page 86 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 116 of 321 Page ID #:3371 1 2 How O was a put you on notice that there did this letter declared hunger strike? 3 A Itm not sure what it said. 4 o Was 5 A I'm not yes. 6 O The letter was written 1 A B O 9 know. in English? the letter (Nods head. I don't in English? ) What do you mean when you say that you're not sure what the letter said? 10 A I don't remember what it said on there. 11 O So you don't recaf l- as you sit here today what I2 the letter said? 13 A No. 1,4 O But you do recall that it was in Enqlish? 15 A Yeah. 1,6 O As you sit here today, do you recall anything 1,7 that was said in the letter? 1B A No. I9 O Do you recall 20 A No. 2L o Do you recall 22 A No 23 u Was 24 A Not sure. 25 n What was it how long the letter was? how many pages the letter it more than one page, do you about this letter was? remember? that made you aware Page Veritext Le gal Solutions 866 299-5127 81 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 117 of 321 Page ID #:3372 1 of a hunger strike? 2 A I don't remember. 3 Q What about the situation -- let me rephrase. 4 You previously said that if a detainee missed 5 more than one meal, you would document that in the 6 logbook? 7 A Yes. 8 Q What about this situation made you document these 9 detainees missed meals in the logbook? 10 A 11 I left. 12 Q 13 I never -- I never knew about the detainees till So I don't know if they ate or didn't eat. Do you recall if this list -- this letter was handed to you before or after breakfast was served? 14 A I'm not sure. 15 Q What do you mean when you say you didn't know 16 17 about the detainees until you left? A Before I left they gave me a letter. So I don't 18 know if that was the same detainees that didn't eat or 19 did eat. 20 Q They could have ate. Did the detainees who handed you the letter stand 21 out to you in any way before you received this letter 22 from them? 23 A No. 24 Q But you were monitoring all of the detainees in 25 the unit, correct? Page 88 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 118 of 321 Page ID #:3373 1- 2 3 4 5 At the end of your shift was it your intention to go home or work an overtime shift? A Go home. Not sure. O You're not sure or you were gonna go home? A f wasn't sure if T worked overtime that day. a 6 O When would you typically 1 A What do you mean? B .] Woul-d you have 9 A No. 10 O 11 t2 13 I4 the option to work overtime or were you requi-red to stay longer if something happened? A So I Itrs either I get mandated or f volunteer. don't know if I volunteered or got mandated that day. O So as you sit here today, you donrt remember if Gindi came to relieve You, it was your to go home 15 when Officer I6 intention 1-1 n 1B U 1,9 20 work overtime? No, f don't remember. or stay? What did you do with the Ietter that the detainees gave you when Officer Gindi arrived? 2I A Report it to 22 O Did you document that you received a letter in 23 mY superva sor . the logbook that was at the podium? 24 A Irm not sure. 25 O And who was your supervisor this day? Page Veritext Le gal Solutions 866 299-5127 90 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 119 of 321 Page ID #:3374 1 2 3 4 5 6 l n7\ For first Well, my underst.andi-ng is that you were still on thi rd watch, correct? It was 6:30r so it had t.o have been Lieutenant watch lieutenant. D: az, the first So when 6:30 hit, the first watch supervi-sor takes over. And that was Lieutenant Draz? tt B A Yes. 9 O And 10 11 T2 1-3 74 15 where was Lieutenant D:-az when you reported the letter to her? A Not sure. Was she in the dorm? O n No. I rm not sure. You mentioned earlier that at 6:30 a.m O watch performs their briefing; is that right? 1.6 A 6:30? I1 n Mm-hmm. 18 I9 20 watch? Yes. OSo brie fing could Lieutenant Dtaz have been in her ? AGUADO: Objection; calls 21 MS. 22 rf you know. ZJ THE WITNESS: 24 25 first I don't recall. for speculation. I donft know BY MS. ALARCON: Does Lieutenant Dtaz have an office at the Page 9I \ Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 120 of 321 Page ID #:3375 1 2 3 4 5 6 1 BY MS. ALARCON: a What did you reported the letter A Not sure. O Is t.here any Lieutenant D,.az t.he to her? B MS. 9 foundation. 10 11 L2 13 74 15 1,6 71 18 L9 20 27 ZZ 23 24 25 AGUADO: say to Officer D:-az when you to her? reason you would not have given ent.ire l-etter when you reported it Objection; assumes facts, lacks BY MS. ALARCON: O A You can answer. What do you mean t.he entj-re letter? Let Did reported it A f'm O t me rephrase. you hand Officer D:-az the letter when you to her? not sure. O You do not recal-l in what way you report.ed the letter to Ms. Draz? A I don't know which lieutenant I gave it t.o. O WeIl, earlj-er you said you reported it t.o your supervisor, Lieutenant Dt-az. How did that reporting take place? A f tm not sure. O Based on your training and experience working there, would you have taken the letter home with you Page Veritext Legal Solutions 866 299-5127 94 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 121 of 321 Page ID #:3376 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 122 of 321 Page ID #:3377 A 1, f'm not sure. MS 2 . AGUADO: Ob j ection,' again, it misstates his 3 testj-mony. He already said he's not sure who 4 reported it to, but go ahead. Not sure. 5 THE WITNESS: 6 MS. ALARCON: Just to clarify, he said he's not to, but he reported the 7 sure who he reported the letter B incident to his supervisor Lieutenant Diaz. 9 BY MS. ALARCON: 10 O fs that right? 11 A I'm not sure. I2 0 So earlier 13 he you testified that you reported the incident to Lieutenant DLaz; is that true? 1"4 A Irm not sure. 15 O Lieutenant Dtaz would have been the shift I6 watch, right? supervisor for first 1,1 A Yes. 1B O And you would report I9 supervisor who is a shift 20 6: 2I 30; is that right A It's a you would report to your supervisor at first watch at ? chain we go to on So I don't know if fi rst watch; sergeant, I gave it to Sergeant 22 lieutenant. 23 24 'cause usual-ly it's supposed to go to the sergeant first on first watch. So I rePorted it to them, and then the 25 Iieutenant. So I don't know if I gave it to the Page Veritext Legal Solutions 866 299-s127 96 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 123 of 321 Page ID #:3378 1 sergeant or the l-ieutenant. O 2 I understand that you're not sure I understand. 3 who you gave the letter 4 the incident to. Is that still 5 6 A Yeah, B a Vfhen you 10 I'm asking who you reported true that You don't know if it was the sergeant or the lieutenant? 7 9 to. Itm not sure. reported this incident to whoever it that you reported it to, were there other officers the was in room? 1,r A Not sure. 1,2 O What happened after you reported the incident to 13 a supervisor? 1_4 A I'm not sure. 15 O Did you leave for work? Did you l-eave 1,6 clock out after you reported the incj-dent to I1 supervisor? 1B A No. 1"9 a What did you do? 20 A ffm not sure. 21 O Vdhat' 22 A Officer called on the radio. 23 O Do you know what officer 24 A Gindi. 25 did you a s the next thing you remember happening? called on the radio? Did you have a radio on you at the time? Paqe Veritext Legal Solutions 866 299-5127 97 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 124 of 321 Page ID #:3379 1 Q Were you able to separate them? 2 A Yes. 3 Q How did you separate them? 4 A How did I separate them? 5 Q Mm-hmm. 6 A By just pulling them apart. 7 Q Did you do that by yourself or with the 8 assistance of other officers? 9 A Assistance. 10 Q How many other officers helped you? 11 A I'm not sure. 12 Q Are you familiar with come-along holds? 13 A Come-along holds? 14 Q Can you describe what that is? 15 A Presence, verbal commands. 16 Q Did you use come-along holds here? 17 A I'm not sure, but our presence was there. 18 Q Do you believe that that's how you were able to 19 Yes. separate the detainees? 20 A By presence and verbal commands? 21 Q Yes. 22 A No. 23 Q How was it that you were able to separate the 24 25 detainees? A Light use of force. Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 125 of 321 Page ID #:3380 1 A No. 2 O Does it 3 refresh your recollection as to what you did with the papers when you left? 4 A 5 U 6 6:3I No. Okay. lrm switching to view C2, the timestamp z 29 . on what we see here, is it 1 Based B you just left 9 Officer Gindi is the only offi cer in the and because the room, is it your understanding that room? 10 A YeS. 11 O It looks like Officer Gindi is writing on that Does it I2 envelope that we talked about earlier 13 that way to you or do you know based on your experience 1"4 working this dorm whether she would be writing on that 15 same envelope? appear I6 A f don't 17 O Switching to view C4. Switching to C3, timestamp 1B 6:32:41 . Can you describe what the nine detainees sitting 19 20 know. at the tabl-es are doing? at the table talking. 2I A Sitting 22 O Time is 6:33:01, still on view C3. Can you describe what just happened here? 23 walk in. 24 A Lieutenant Diaz and other officers z3 O Do you know what Lieutenant D:-az is holding in Page 159 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 126 of 321 Page ID #:3381 1 Time 6:35:43. o Can you describe what looks Iike Officer Reyes is 2 3 doing at the bottom right-hand corner near the table? 4 A Talking to the detainees. 5 O Do you recall 6 A No. 7 O Do you recall B what he was saying? what language he was speaking to the detainees in? 9 A No. 10 O Do you know if 11 A No. 1,2 O You don't know or he does not? 13 A I donrt I4 O I'm know. gonna pause it here at 6:36:38. I6 any of those utility 1,'7 utility n 20 A 2I know 22 O or were any of those a that day? f'm not sure. Those are the first watch officersr so I don't their post if f'm not in their briefing. Okay. I'm stopping at 6:37:0 just 6:31 . Can you describe what you're doing here? I can z5 25 officer officers Did you 1,9 24 we've just described, are Based on the officers 15 1B Officer Reyes speaks Spanish? rewind it. A Asking a detainee to get up. Page Veritext Legal Solutions 866 299-5t27 1,64 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 127 of 321 Page ID #:3382 1 2 Q Other than asking him to get up, did you give him any other verbal commands? 3 A I'm not sure. 4 Q Time 6:37:48. 5 Can you describe -- do you know the individual 6 who's in the right corner of the screen in front of the 7 third table in the middle row right in front of it with 8 the badge? 9 A Jones. 10 Q Is that Nurse Jones that we were talking about 11 earlier? 12 A Yes. 13 Q Do you know why Nurse Jones was here? 14 MS. ISFELD: 15 THE WITNESS: 16 MS. ISFELD: 17 foundation. 18 BY MS. ALARCON: 19 Q Objection; calls -No. -- for speculation, lacks Based on your training at The GEO Group, in what 20 situation would medical personnel be called into 2 21 Charlie? 22 23 24 25 MS. ISFELD: Objection; vague and ambiguous, incomplete hypothetical. MS. AGUADO: Calls for speculation as well, lacks foundation that he would know when medical's called even Page 165 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 128 of 321 Page ID #:3383 1 though he's not on medical-. You can answer if 2 3 know. BY MS. ALARCON: 4 O You can answer. 5 A Restraint. 6 O The time here is 5:38:05. Can you describe what you're doing here? I can 7 B ) you rewi-nd it. 9 A Trying to separate the detainees. 10 O And and just for the record, it looks like 11 you're talking about the two detainees who are on the I2 left-hand side of the table 13 right 1-4 A of the first table, ? Yes. kind of the middle one. 15 MS. AGUADO: It's 1,6 MS. ALARCON: Right. T1 detainees are sitting 1B the screen. I9 BY MS. ALARCON: The first table where 1n the middl-e row in the center of 20 O Had they linked arms at this point? 21, A YeS. 22 O Had you given more than the verbal command to get 23 up at this point? 24 A I rm not z2 O Do you know how many additional yes. verbal- commands Page Veritext Legal Solutions 866 299-s127 1,56 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 129 of 321 Page ID #:3384 1 A No. 2 Q The view is still C4 and the time 7:20:53. 3 Do you see yourself in this frame? 4 A No. 5 Q And 7:21:26. 6 7 Do you recognize the two individuals who are in this frame? 8 A Yes. 9 Q Do you know who they are? 10 A Yes. 11 Q Can you tell me who they are? 12 A AW Johnson and A Warden Janica. 13 Q Which is AW Johnson? 14 A All black. 15 Q Okay. 16 White shirt is Janica. That's all I have for the video. And I'm almost done. 17 When you removed the detainees from 2 Charlie, 18 were you instructed by anyone to take them to the rec 19 yard? 20 A No. 21 Q Were you instructed by anyone to take them to 22 medical? 23 A No. 24 Q Is there a reason you took them to the rec yard 25 as opposed to any other location? Page 174 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 130 of 321 Page ID #:3385 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ) ss. 3 4 5 6 It CHRISTINE RYBICKI, C.S.R. No. 13481, in for the State of California, and do hereby certify: That prior to being examined, the witness named 7 fn the foregoing deposition was by me duly sworn to B Testi fy to the truth, 9 the truth; 10 and nothing but the whole truth, That said depositj-on was taken down by me in 11 shorthand at the time and place therein named L2 thereafter 13 and the same is a true, correct, 14 of said proceedingsi 15 and reduced to typewriting under my direction, and complete Lranscript That if the foregoing pertains to the original of a deposition in a Federal Case, before I6 transcript 1,1 completi-on of the proceediflgs, review of the transcript 1,9 { } was i } was not required. I further certify that I am not interested in the 20 event of the action. 1B 2I Witness my hand this 29th day of May' 2019. 22 N 23 24 25 CHRISTINE RYBICKI, C.S.R. No. 13481 Page 181 ) Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 131 of 321 Page ID #:3386 EXHIBIT 18 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 132 of 321 Page ID #:3387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PEÑA GARCIA; JULIO CESAR BARAHONA CORNEJO, as individuals, ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) VS. ) Case No. ) 5:18-cv-011250-R-GJS THE GEO GROUP, INC., a ) Florida corporation; THE ) CITY OF ADELANTO, a ) municipal entity; GEO ) LIEUTENANT DURAN, sued in ) her individual capacity; ) GEO LIEUTENANT DIAZ, sued in) her individual capacity; ) GEO SERGEANT CAMPOS, sued in) his individual capacity; ) SARAH JONES, sued in her ) individual capacity; THE ) UNITED STATES OF AMERICA; ) and DOES 1-10, individuals, ) ) Defendants. ) ____________________________) DEPOSITION OF OFFICER REBECCA JINDI FRIDAY, JUNE 14, 2019 JOB NO. 3400591 REPORTED BY CHRISTINE RYBICKI, C.S.R. 13481 PAGES 1 - 82 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 133 of 321 Page ID #:3388 1 count? 2 A Yes. 3 Q Can you describe what you did during count? 4 A We count at like certain times. So in the first 5 watch we count 6:30, but we can't proceed count until 6 another fellow officer comes in and assists with count. 7 Q Is that the utility officer? 8 A Utility or extra available officer. 9 Q And why do you need two officers present during 10 11 12 13 14 count? A To make sure that we have the right count, if we're missing anybody, or they're all accounted for. Q Could you begin count if another officer was not there? 15 A No. 16 Q Can you describe why that is? 17 A Just security reasons. 18 Q What reasons, I'm sorry? 19 A Security reasons, protocol. 20 Q Is that what you were trained GEO's policy is? 21 A Yes. 22 Q Is there a second count that happens during first 23 24 25 watch? A Yes, there is, but I'm not sure on the time. It's been so long. Page 21 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 134 of 321 Page ID #:3389 1 Q But it would be before 2:30 p.m.? 2 A Yes. 3 Q So you said that the first count is announced at 4 6:30 in the morning for first watch? 5 A Mm-hmm. 6 Q And you if you worked at the first watch, you 7 would clock in at 6:00 a.m., right? 8 A Yes. 9 Q What would you do between 6:00 and 6:30? 10 A Well, before we go to our post we're briefed, and 11 then count is prepped at 6:30 a.m., and then it's 12 initiated at 6:30. 13 Q What do you mean by count is prepped? 14 A We give them 10 minutes to get water, whatever 15 they need, toilet paper, shampoo, toothpaste before 16 they're racked up for count, use the bathroom. 17 18 Q And how -- would you ever announce that it was time to prepare for count? 19 A Yes. 20 Q How would you announce that? 21 A Say "prep for count" or "cuenta" means count. 22 Q You would announce it in Spanish as well? 23 A Yes. 24 Q Would you make a second announcement when count 25 was going to begin? Page 22 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 135 of 321 Page ID #:3390 1 A Yes. 2 Q And what was that announcement? 3 A It would be at 6:30. 4 Q What would you say? 5 A Or no, five minutes before. 6 Q So about 6:25 you would announce that count was 7 going to begin? 8 A Yes. 9 Q And what would you say to announce that? 10 A "Count time." 11 Q Would you announce that even if a second officer 12 was not in the dorm? 13 A Yes. 14 Q But you wouldn't begin count if the second 15 officer was not in the dorm, right? 16 A Right. 17 Q Does count happen at the same time throughout the 18 Yes. entire facility? 19 A Yes. 20 Q And say, for example, in 2 Charlie, do all of the 21 detainees remain in their bunks while the rest of the 22 facility clears count? 23 A Yes. 24 Q And how long does that usually take? 25 A It's probably about 20 minutes. 15, 20 minutes. Page 23 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 136 of 321 Page ID #:3391 1 Q Do the detainees have to be awake during count? 2 A No, they don't have to be awake. 3 Q While one officer is performing count in a dorm 4 what is the other officer doing? 5 A I am standing by down by the podium. 6 Q And then would you switch with the other officer? 7 A Yes. 8 Q And that other officer would stand by the podium? 9 A Yes. 10 Q How would you document something that's happening 11 in a dorm? 12 A I would log it in my logbook. 13 Q Is that a personal logbook or is that one that 14 all dorm officers use? 15 A Which all dorm officers use. 16 Q And that stays at the podium? 17 A Yes. 18 Q Do you carry a personal notebook? 19 A No. 20 Q As dorm officer, do you carry a radio? 21 A Yes. 22 Q If you ever called in a disturbance, would you 23 document that in a logbook? 24 A Yes. 25 Q What other things would you document in a Page 26 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 137 of 321 Page ID #:3392 1 If you know. 2 THE WITNESS: 3 4 5 I'm not sure. BY MS. ALARCON: Q Do you know who your supervisor was on June 12th, 2017? 6 A Lieutenant Diaz. 7 Q Was she the supervisor for all of first watch? 8 A Yes, that day. 9 Q Can you describe what you did when you first 10 11 arrived to work on June 12th, 2017? A I went to my briefing, then they gave me my post. 12 I went to my post. 13 watch. 14 told him okay, take it to the supervisor. 15 16 17 18 19 20 Q I relieved the officer from third He stated that he got a piece of paper and I Before you went to your briefing did you first go to Central Control? A After briefing I go to Central to get my equipment, and then I assume my post. Q Do you remember if that day you checked out equipment from Central Control? 21 A I'm not sure. 22 Q Do you remember who gave the briefing? 23 A Lieutenant Diaz. 24 Q Is there anything significant that stood out to 25 you at the briefing? Page 35 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 138 of 321 Page ID #:3393 1 A No. 2 Q Just a regular day? 3 A Yeah, just regular. 4 Q And is that when you were assigned to 2 Charlie? 5 A Mm-hmm. 6 Q Had you been assigned to 2 Charlie before? 7 A I probably have. 8 Q Do you remember who the officer you relieved from 9 Yes, ma'am. third watch was? 10 A I believe it was Officer Dillon (phonetic) or -- 11 Q Gillon? 12 A Gillon. 13 Q And you said that he told you he received a piece 14 of paper? 15 A Mm-hmm. 16 Q Is there anything else that he told you? 17 A Not that I recall. 18 Q Did you read the piece of paper? 19 A No. 20 Q Did you -- when he told you this, was that in 21 your one-on-one briefings that you have when relieving 22 an officer? 23 A Yes. 24 Q Did he mention anything about a hunger strike? 25 A I don't believe he did, but I think he was saying Page 36 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 139 of 321 Page ID #:3394 1 something was going on. 2 just take it to the lieutenant's office. 3 4 Q And I told him, I said okay, And when you say something's going on, what is that in reference to? 5 A He didn't elaborate. 6 Q When you arrived to 2 Charlie, was there anything 7 8 9 that stood out to you? A Not at first. I just got on post and -- and I was telling them okay, rack up for count. And I said it 10 in English and Spanish couple times. 11 to rack up, so that's when I called my supervisor. 12 Q And they refused When you say that you told Gillon to take the 13 paper to supervisor, are you referring to Lieutenant 14 Diaz? 15 A Yes. 16 Q At that time did you make any call on the radio? 17 A Yes. When they weren't complying with my verbal 18 commands, I asked for assistance 'cause they refused to 19 rack up. 20 21 Q They were interlocking themselves. Before you gave the command to the detainees did you make a call on the radio? 22 A No. 23 Q So you didn't call in and say Gillon is taking a 24 25 piece of paper to the supervisor? A No. Page 37 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 140 of 321 Page ID #:3395 1 2 3 Q When you say you told the detainees to rack up, was that to prepare for count? A Well, by that time I think it was like already 4 time for count at 6:30 and they weren't -- they refused. 5 They were like no, we're not. 6 7 Q And do you think that it was time for count because it was 6:30 or because it had been previously -- 8 A It was announced. 9 Q Who was it announced by? 10 A By Central Control. 11 Q When you say it was announced by Central Control, 12 does Central Control make an announcement to each dorm? 13 A They say it over the radio to all housing units. 14 Q Is that to the dorm officers? 15 A Yes. 16 Q So it's not a command to the detainees, right? 17 A No. 18 Q And so is it your understanding that the time 19 to -- the prep for count announcement had already been 20 given? 21 A Mm-hmm. Yes. 22 Q Would that have been given by Officer Gillon? 23 A Yes. 24 Q But you don't know for certain? 25 A I'm not sure, but even if he doesn't, I announce Page 38 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 141 of 321 Page ID #:3396 1 it. So I always give -- probably like six times I tell 2 them prepare for count, it's count time, cuenta. 3 give them plenty of time. So I 4 Q And you say that you announced cuenta in Spanish? 5 A Mm-hmm. 6 Q Is this a distinction between prep for count in 7 8 9 Spanish and count is starting that you give? A I think it means the same thing. I -- usually if one of the detainees, they understand English, they'll 10 usually say it in Spanish to them or they'll be like 11 "it's cuenta, let's rack up," you know. 12 And then if they don't say, you know, I'll have 13 somebody else translate it, maybe another officer that 14 speaks the language. 15 routine all the time. 16 Q But yeah, usually it's the same It never changes. But just so I'm understanding. If you announce 17 prep for count, you say cuenta, and if you announce the 18 count is beginning, you say cuenta? 19 A Yes. 20 Q And you don't say anything different? 21 A No. 22 Q And that's because you can't speak Spanish, 23 right? 24 A Exactly. 25 Q When you relieved Officer Gillon that day, did Page 39 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 142 of 321 Page ID #:3397 1 you announce prep for count? 2 MS. AGUADO: 3 If you remember. 4 THE WITNESS: 5 6 7 8 Objection; calls for speculation. I'm not sure if he announced it. BY MS. ALARCON: Q Sorry. I asked if you announced prep for count that day. A 9 Oh, when I -MS. AGUADO: 10 Go ahead. 11 THE WITNESS: Objection; calls for speculation. Can you -- if I announced prep for 12 count when he was in the dorm with me or after he left? 13 BY MS. ALARCON: 14 Q Either. 15 A When he left, I announced it. 16 17 When I assume post and they weren't racking up, I announce it. Q So when you announced prep for count, was it your 18 understanding that the detainees have a 10-minute grace 19 period after that to rack up for count? 20 A Yes. 21 Q Did you document your prep for count announcement 22 in the logbook? 23 A If I did, then it should be in there. 24 Q Typically you would have documented that? 25 A Yes. Page 40 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 143 of 321 Page ID #:3398 1 A No. 2 Q You never tried to talk to the detainees at all, 3 right? 4 A No. 5 Q And what happened after Diaz sprayed the table? 6 A They were still interlocked. One unlocked so 7 they took him out. 8 other detainees, you know, to unlock their arms and they 9 still wouldn't. 10 11 Q And then they were trying to get the And at any point were you involved in trying to unlock the detainees? 12 A No. 13 Q Why is that? 14 A 'Cause I just stayed out of the way. I was 15 trying to control my other detainees that were in the 16 dorm, trying to calm them down. 17 Q How did you try to calm them down? 18 A I told them stop, stop, you know, it's okay, just 19 stop, you're making it worse, you know. 20 Q What were they doing? 21 A They were just, you know, talking loud, started 22 to yell, asked them to not be yelling, to get away from 23 the wall 'cause they were trying to look over the wall. 24 Q They were trying to see what was happening? 25 A Yeah. Page 51 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 144 of 321 Page ID #:3399 1 Q And did they comply with your orders? 2 A Yes. 3 Q Did you feel like you didn't need to get involved 4 with the detainees that were sitting at the table? 5 A Yeah, I didn't need to get involved. 6 Q And what happened when Sergeant Campos arrived? 7 A Not sure. 8 9 10 It just happened so fast. I'm not sure. Q Do you know if Sergeant Campos deployed pepper spray? 11 A I believe he did. 12 Q Do you remember how many times he deployed pepper 13 spray? 14 A No, I don't. 15 Q At some point did you see medical personnel 16 arrive in 2 Charlie? 17 A I don't remember. 18 Q What do you remember happening after Sergeant 19 20 Campos used his pepper spray? A Well, everybody was coughing, you know. 21 detainees were coughing. 22 one point I left, you know. 23 breathe so I can breathe. 24 25 Q I was coughing. The So I mean, at I went to the yard to When you left to the yard to catch your breath, were the detainees that were sitting at the table -Page 52 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 145 of 321 Page ID #:3400 1 were there any detainees still sitting at the table? 2 A I don't recall. 3 Q When you say everybody was coughing and even the 4 5 detainees were coughing -A Yeah, because of the spray, the smell, you know. 6 That was probably why they were wild up too is because 7 when Diaz sprayed, there was more. 8 Q So the detainees on the top were also coughing? 9 A Yeah. 10 Q And the pepper spray fumes made the detainees at 11 the top kind of a little bit more wild you said? 12 MS. AGUADO: 13 Unless you know. 14 THE WITNESS: 15 16 17 18 Objection; calls for speculation. I'm not sure. I'm not sure. BY MS. ALARCON: Q When you went -- did you ever go up to the top bunk to talk to the detainees that were up on the top? A I believe so. I went up to the upper tier to 19 calm them down 'cause they were already riled up because 20 of the situation. 21 22 Q So, yes. When you were up there, could you smell the pepper spray fumes? 23 A No, not really. 24 Q What happened after you went to the yard to catch 25 your breath? Page 53 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 146 of 321 Page ID #:3401 1 A I believe they were -- they were -- you know, 2 they took the other detainees out of the dorm that were 3 not complying. 4 5 6 Q So then we aired the dorm out. When you say they took the other detainees, do you mean the detainees that were in the bunks? A No. Well, the detainees that were at the table, 7 they took them out of the unit and escorted them. 8 then when they left, we evacuated the dorm into the 9 yard. 10 11 Q So after the detainees at the table were escorted from the unit -- 12 A Mm-hmm. 13 Q -- the detainees that were on their beds -- 14 A Yes. 15 Q -- were also taken out of the unit? 16 A Yes. 17 Q And why was that? 18 A Because of the smell. 19 And They have to air out the unit. 20 Q Did you supervise the detainees in the yard? 21 A Yes. 22 Q And how long were they in the yard for while the 23 unit aired out? 24 A I'm not sure. 25 Q Did you ever go back in to decontaminate the Page 54 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 147 of 321 Page ID #:3402 1 unit? 2 A Yes. 3 Q Do you remember how long that took? 4 A No. 5 Q Were you seen by medical personnel following 6 this? 7 A No. 8 Q So you never had your vitals checked? 9 A No. 10 Q After the incident did you discuss what happened 11 I was fine. with any of your supervisors? 12 A I don't recall. 13 Q Do you recall ever speaking to a warden or the 14 assistant warden? 15 A No. 16 Q Sorry, you did not speak to them? 17 A No, I don't recall. 18 Q And when you had to step out to the yard to catch 19 your breath, can you describe what that felt like? 20 A Just coughing. 21 Q So you were coughing a lot? 22 A Yeah. 23 Q Did you feel any burning? 24 A A little bit. 25 Q Were your eyes watering? Page 55 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 148 of 321 Page ID #:3403 1 A No. 2 Q Was your nose running? 3 A Hm-mmm. 4 MS. AGUADO: 5 THE WITNESS: 6 7 8 Is that a "no"? Yes, that's no. No. BY MS. ALARCON: Q Do you know if the detainees in the yard that were removed in the bunk area were seen by Medical? 9 A I'm sure they were. 10 Q Did you see anyone from medical taking their 11 vitals in the yard? 12 A Yes. 13 Q Do you know who from Medical took their vitals in 14 the yard? 15 A No. 16 Q Have you ever experienced pepper spray before 17 this incident? 18 A Yes. 19 Q Can you describe that? 20 A When I got through my previous training, yeah. 21 It's just burning sensation, nose, coughing. 22 Q Was that previous training with CCA? 23 A Yes. 24 Q Anywhere else? 25 A No. Page 56 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 149 of 321 Page ID #:3404 1 2 Q And is that you standing behind the podium next to Officer Gillon? 3 A Yes. 4 Q And what do you have in your hand there? 5 A Newspaper. 6 Q Is that for the detainees? 7 A Yes. 8 Q And what's that newspaper for? 9 A For them to read. 10 Q Do you bring that in every shift? 11 A Yes. 12 Q When would you typically distribute that, or if 13 14 15 you distributed it? A I just put it on the podium or the table and they can come and get it. 16 Q Just throughout the day? 17 A Yeah. 18 Q And do you know what's in front of Officer Gillon 19 and next to the newspapers on the podium? 20 A No. 21 Q Might that be the logbook? 22 A Oh. 23 Q And based on the time, 6:29:59, are you relieving 24 25 Yes. Officer Gillon from his post at this time? A Yes. Page 58 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 150 of 321 Page ID #:3405 1 Q 2 And for the record, the time is 6:30:44. And who are you saying count time to? 3 A I believe the ones that are going upstairs. 4 Q It's the detainees that were at the podium -- 5 A Yeah. 6 Q -- that are now going upstairs? 7 A Yeah. 8 Q Okay. 9 And starting the video again at 6:30:44. 10 11 And now I'm on view C1. Pausing it at 6:30:51. just did here? 12 A Oh. Can you describe what you I can rewind it. I believe that I was telling them it's count 13 time, let's go, rack up. 14 minutes, I think, to go, to comply to my demands. 15 the guys at the table, they weren't moving. 16 refused to rack up, so that's when I got on the radio. 17 18 Q And took them a couple But They You think it was a couple of minutes before you called on the radio after giving a command? 19 A I'm not sure. 20 Q You don't remember right now exactly? 21 A No, I don't. 22 Q So I'm gonna show you what we can mark as 23 Exhibit 2. 24 /// 25 /// Page 60 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 151 of 321 Page ID #:3406 1 (Whereupon, Plaintiffs' Exhibit 2 was 2 marked for identification by the Court 3 Reporter and is bound separately.) 4 5 BY MS. ALARCON: Q And I know it's not very clear where you are, but 6 just so we can have a clean record, this is a still of 7 this view at 6:30:51, what we just saw here? 8 A Mm-hmm. 9 Q Can you describe -- can you draw an arrow of 10 where you are in this frame? 11 A (Witness complies.) 12 Q If you could just highlight with the arrow. 13 can take it from the margin. 14 A (Witness complies.) 15 Q Okay. 16 So you were standing behind the podium at this time, right? 17 A Yes. 18 Q Okay. 19 20 You Great. And based on what you've seen in the video, is that the first radio call that you made? 21 A Yes. 22 Q Okay. 23 A They were all refusing to rack up 'cause they're 24 25 Starting the video again at 6:30:53. just standing around. Q Who do you mean by "they all"? Page 61 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 152 of 321 Page ID #:3407 1 logbook; is that right? 2 A Mm-hmm. 3 Q Does this refresh your recollection as to what 4 you wrote down? 5 A No, I don't remember what I wrote down. 6 Q Okay. 7 10 I'm gonna fast forward it just a second. 8 9 Playing the video again. Okay. I'm pausing it at 6:32:29. Up until now have you given the detainees at the table any direct commands? 11 A Yes. 12 Q What have you said? 13 A I told them to rack up, to get off the table and 14 15 16 go to their bunks, and they were just ignoring me. Q And you never asked why they were sitting there, right? 17 A No. 18 Q Okay. 19 in view C1. The time, 6:32:57. I just paused it still Can you describe who just walked in? 20 A My lieutenant. 21 Q Is that Lieutenant Diaz? 22 A Yes. 23 Q In the white shirt? 24 A Yes, Lieutenant Diaz. 25 Q And it looks like her right arm is raised. Do Page 63 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 153 of 321 Page ID #:3408 1 you know what's in her hand? 2 A Looks like OC. 3 Q Okay. 4 And I'm pausing it at 6:33:10. It looks like other officers walked in with her, right? 5 A Yeah. 6 Q Does this refresh your recollection as to who 7 those officers were? 8 A No. 9 Q Do you recall if at this time Lieutenant Diaz has 10 given any commands to the detainees? 11 A Looks like she has. 12 Q But you don't remember definitely if she has or 13 not? 14 A I'm sure she has. Yeah, she did. 15 verbal commands a few times. 16 there. 17 18 Q She did give Oh, that's Medical right So I'm pausing it at 6:34 exactly. And you said that the person who just walked in is Medical? 19 A Yes. 20 Q Do you know the name of that individual? 21 A No. 22 Q How do you know that that's Medical? 23 A She's wearing scrubs. 24 Q Does this refresh your recollection as to whether 25 you heard anyone call for Medical? Page 64 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 154 of 321 Page ID #:3409 1 MS. AGUADO: 2 If you don't know, you don't know. 3 THE WITNESS: 4 5 Objection; calls for speculation. I don't know. BY MS. ALARCON: Q And just for the record, this is the individual 6 who just walked in to the left of the podium and is now 7 walking towards the area where the detainees at the 8 table are; is that right? 9 A Yes. 10 Q When this individual -- when this person from 11 Medical walked in, were you surprised to see them there? 12 MS. AGUADO: 13 Is there something you wanted to say, Counsel? 14 Objection; calls for speculation. BY MS. ALARCON: 15 Q You can answer my question. 16 A No, not surprised. 17 Whenever there's a situation like this, there's always medical staff. 18 Q A situation like what? 19 A Like if -- if it escalates, Medical's always 20 present just in case there has to be medical evaluation, 21 they're there. 22 which I'm assuming that they did ask for Medical, that's 23 why she's there. 24 Q 25 bit. Okay. Like codes, even if they ask for Medical So that's... Okay. I'm gonna fast forward it just a And the time is 6:35 exactly. Do you see it looks Page 65 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 155 of 321 Page ID #:3410 1 A Yes. 2 Q Did you -- after this incident did you talk to 3 any of the detainees that were involved in the incident? 4 A No. 5 Q And I know we described that -- you described 6 that in the first shift two counts take place, right? 7 A Mm-hmm. 8 Q Is that the same for the second and third shift? 9 A Second shift we do one count. 10 11 12 Yes. And then third watch, I believe they do two. Q And sometimes the detainees are counted in the yard, right? 13 A Yes. 14 Q And that's done by lining them up? 15 A Yes. 16 Q And sometimes they're counted in their bunk, 17 correct? 18 A Yes. 19 Q So you don't use the bunk specifically to 20 identify the detainee, correct? 21 A No. 22 Q You use some other photo book to identify them, 23 right? 24 A Yes. We do a face-to-photo. 25 Q And that face-to-photo book is sometimes taken in Page 72 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 156 of 321 Page ID #:3411 1 2 the yard to count the detainees? A If it's -- because if they have -- during count 3 if they have the mini yard, yard's not open during 4 count. 5 So if they have soccer field during count, then 6 yes, we log them and check them, the dorm officer. 7 then we give -- the rec officer verifies how many he has 8 in the soccer field. 9 out and who's back. 10 11 Q So we always keep track on who's So it sounds like there's different types of yards, rec yards? 12 A Mm-hmm. 13 Q All right. 14 And And depending on the rec yard the way you identify the detainee for count is different? 15 A Yes. 16 Q But you can identify the detainee in a rec yard, 17 correct? 18 A Yes. 19 Q And that's during the count? 20 A Mm-hmm. 21 Q So they don't necessarily have to be at their 22 Yes. bunks -- 23 A No. 24 Q -- in order to be counted? 25 A No. Page 73 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 157 of 321 Page ID #:3412 1 2 Q And you can count them as long as they're stationary in one position? 3 A Yes. 4 Q Okay. 5 A We do an out count. 6 Q I know you said you didn't talk to any of the 7 detainees after the incident. Did you know any of 8 them -- any of the detainees involved in the incident 9 before the incident? 10 A No. 11 Q Did you recognize them -- 12 A No. 13 Q -- before this incident? 14 Nothing about them stood out to you? 15 A No. 16 Q And going back to the verbal warnings that you 17 were given that we described earlier. 18 that one of them was for cursing while giving commands 19 to detainees; is that right? 20 21 A I wasn't cursing at them. You mentioned I was just like, you know, freakin', you know. 22 Q But you cursed while giving a command? 23 A Oh, in this situation? 24 Q No, when you were in the situation where you were 25 No. In this -- given a verbal warning. Page 74 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 158 of 321 Page ID #:3413 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) ss. 3 4 5 6 I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: That prior to being examined, the witness named 7 In the foregoing deposition was by me duly sworn to 8 Testify to the truth, the whole truth, and nothing but 9 the truth; 10 11 That said deposition was taken down by me in shorthand at the time and place therein named and thereafter reduced to typewriting under my direction, 12 and the same is a true, correct, and complete transcript 13 of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, review of the transcript 17 { } was { } was not required. 18 19 20 I further certify that I am not interested in the event of the action. Witness my hand this 3rd day of July, 2019. 21 22 23 <%13538,Signature%> 24 Certified Shorthand Reporter 25 for the State of California Page 82 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 159 of 321 Page ID #:3414 EXHIBIT 19 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 160 of 321 Page ID #:3415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLD RIVERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PENA GARCIA; JULIO CESAR BARAHONA CORNEJO, AS INDIVIDUALS, ) ) ) ) ) CASE NO. ) 5:18-CV-01125-R) GJS ) ) PLAINTIFFS, ) ) VS. ) ) THE GEO GROUP, INC., A FLORIDA ) CORPORATION; THE CITY OF ADELANTO, ) A MUNICIPAL ENTITY; GEO LIEUTENANT ) DURAN, SUED IN HER INDIVIDUAL ) CAPACITY; GEO LIEUTENANT DIAZ, SUED ) IN HER INDIVIDUAL CAPACITY; GEO ) SERGEANT CAMPOS, SUED IN HIS ) INDIVIDUAL CAPACITY; SARA JONES, ) SUED IN HER INDIVIDUAL CAPACITY; ) THE UNITED STATES OF AMERICA; AND ) DOES 1-10, INDIVIDUALS, ) ) DEFENDANTS. ) ___________________________________ ) DEPOSITION OF OFFICER FRANKIE JUAREZ MONDAY, AUGUST 26, 2019 JOB NO. 3499174 REPORTED BY KATIE HRON, C.S.R. NO. 13483 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 161 of 321 Page ID #:3416 1 getting the job? 2 A. About a month or so. 3 Q. Did they ask you -- 4 5 I know sometimes the facility asks employees to do -- take certain steps before they can start work. 6 7 8 9 10 11 Was there anything they asked you to do before you could start work? A. Just clear my background. Background investigation. Q. Was there anything that they asked you to do as part of that investigation? 12 A. No. 13 Q. When you first started at the facility, what 14 position or title did they give you? 15 A. Detention officer. 16 Q. And did you do training at that time? 17 A. It was two -- I wanna say two weeks in service 18 and then OJT, on-the-job training. 19 Q. How long was the OJT? 20 A. Two weeks. 21 Q. So it was two weeks in the classroom, and then 22 two weeks on the job? 23 A. Yeah. 24 Q. Were you given training in pepper spray? 25 A. Not at that time. Page 14 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 162 of 321 Page ID #:3417 1 A. No. 2 Q. So going back to the training about 3 decontamination that you received when you were in the 4 RHU, what do you remember about that training? 5 they tell you about decontamination? What did 6 A. Use cold water. 7 Q. Anything else? 8 A. No, that's it. 9 Q. Did you ever have that training -- 10 A. No. 11 Q. -- again? 12 A. No. 13 Q. Did you ever have any other kind of training -- 14 A. No. 15 Q. -- on pepper spray while you worked there? 16 A. No. 17 Q. And just to remind you, make sure you wait 18 until I answer -- 19 I know -- 20 A. Oh. 21 Q. -- you know what I'm gonna ask, but it's 22 easier -- 23 A. Sorry. 24 Q. -- for the court reporter if you wait. 25 A. Oh, sorry. Page 18 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 163 of 321 Page ID #:3418 1 A. I don't. 2 Q. Do you remember if the transport took you more 3 or less than an hour? 4 A. About three hours, probably. 5 Q. So if you got in at 6:00 a.m., the transport -- 6 A. Oh, no, no. 7 I'm sorry. No. We had just started our day. 8 Q. So it was before you'd gone out on any 9 transport? 10 A. Yeah. 11 Q. Okay. So when you started your day that 12 morning, do you remember what the first thing was you 13 did? 14 15 16 A. The supervisors just told us to respond to east for that situation. Q. 17 18 No. Do you -And you don't remember who the supervisor was that told you to respond? 19 A. No, I don't. 20 Q. Do you remember any -- 21 22 Well, you said you know who Sergeant Campos is, correct? 23 A. Yes, I do. 24 Q. Do you remember if he was in west that day? 25 MS. AGUADO: Objection. Calls for speculation. Page 30 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 164 of 321 Page ID #:3419 1 escorting that detainee? 2 A. No. 3 Q. No, there wasn't any trouble, or -- 4 A. I don't -- I don't believe. 5 Q. Okay. 6 If you look at Page 2 of Exhibit 2, it says, "There's no injury to report." 7 8 I -- So does that indicate that you weren't injured at all during this incident? 9 A. No. 10 Q. And no, it -- or yes it does indicate that, or 11 no you weren't injured? 12 A. No, I was not injured. 13 Q. Okay. 14 15 16 17 18 19 20 Great. I see it says you were seen for injuries or non injuries because of the OC spray; is that correct? Where it says, "Type of incident." It says, "OC spray." Does that indicate that the reason you went to medical was because OC spray was used? MS. AGUADO: Objection. Calls for speculation. 21 Lacks foundation that he's the person who filled out 22 this report. 23 If you know. 24 THE WITNESS: 25 I don't remember at this time. BY MS. SWEETSER: Page 41 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 165 of 321 Page ID #:3420 1 2 Q. Do you remember if any of the vapors from the shower got into your eyes at all? 3 A. No, I don't. 4 Q. So the only thing you remember is that you 5 could smell the vapors -- 6 A. Yeah. 7 Q. -- coming out. 8 A. Yes. 9 Q. Do you know how far it was between the rec yard 10 and the showers? 11 A. I don't know. 12 Q. Did you take the detainees to a holding cell 13 I don't remember at this time. first, or did you take them directly to the showers? 14 A. To the showers. 15 Q. Did you shower them in their clothes, or did 16 you ask them to disrobe? 17 A. No, in their clothes. 18 Q. Were the detainees handcuffed when you were 19 escorting them? 20 A. Yes. 21 Q. And was that behind their back? 22 A. I don't remember. 23 Q. Do you remember if you were holding the 24 detainees by their upper arm, or by their elbow, or 25 how -- how would you escort a detainee? Page 43 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 166 of 321 Page ID #:3421 1 A. I don't know. 2 Q. Okay. 3 A. About six, yeah. 4 Q. Is it -- 5 So is it around six feet? How is it operated? 6 A. I don't know. I don't remember at this time. 7 Q. Do you remember if there was like a handle that 8 you pull to one side or the other or a knob of some 9 kind? 10 11 12 13 A. I don't remember, but I know we turned it -- or we put it on cold. Q. So you don't remember if there's one handle or two, for example? 14 A. I know there's two showers. 15 Q. Uh-huh. 16 A. So -- and I don't know if they're handles or 17 knobs. 18 Q. 19 20 Do you know if they have -You know, some older faucets have two handles on either side -- 21 A. Uh-huh. 22 Q. -- for hot or cold? 23 Do you know if these showers were like that? 24 A. I don't remember at this time. 25 Q. And you say you know that the water was cold. Page 45 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 167 of 321 Page ID #:3422 1 2 3 4 5 How do you know that? A. In my situation, when I got sprayed, I would use cold water. Q. And when you say, when you got sprayed, did you get sprayed as part of the training? 6 A. Yes. 7 Q. So that's how you know -- 8 That was how you knew to use cold water? 9 A. Use cold water, yes. 10 Q. Did you -- 11 12 Do you remember if you put your hand under the faucet to feel the temperature? 13 A. I don't know at this time. 14 Q. Do you remember if the detainee you were 15 escorting resisted going into the shower at all? 16 A. No, I don't remember. 17 Q. Do you remember how you asked the detainee to 18 get in the shower? 19 given? 20 A. No, I don't. 21 Q. Do you remember if the detainee was having 22 Like, what command you would have trouble seeing? 23 MS. AGUADO: 24 THE WITNESS: 25 Calls for speculation. I don't remember. BY MS. SWEETSER: Page 46 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 168 of 321 Page ID #:3423 1 Q. 2 3 All right. MS. SWEETSER: Let's take just a five-minute break, if you don't mind. 4 5 (Break taken.) 6 7 8 9 10 BY MS. SWEETSER: Q. So we were talking earlier about the training you received on pepper spray, and then you -- you said you were sprayed and then decontaminated; is that right? 11 A. Uh-huh, yes. 12 Q. Where did that training take place? 13 A. It was at east. 14 15 room is at east. Q. 16 17 18 The -- like where the training Is that -- is that near the central -You said there's like a central command kind of area for east; is that right? A. Yeah, so if you're going to east -- so you're 19 admin's here, and then you walk a little bit more to the 20 back, and that's your training room back there. 21 where we did our training. 22 23 Q. face? That's When you were sprayed, were you sprayed in the Were you sprayed elsewhere? 24 A. In the face, yeah. 25 Q. Uh-huh. Did you get it into your eyes? Page 79 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 169 of 321 Page ID #:3424 1 A. Yes. 2 Q. And then you had a partner that took you to the 3 4 5 shower; is that right? A. He took me to -- they had a water thing right there for us so we could rinse our eyes out. 6 Q. An eyewash station? 7 A. No, it wasn't. It was -- I don't know what 8 they had. 9 kind of sprinklers or something. 10 11 Q. Like a water hose hooked up to, like, some And it was in the same room, that training room? 12 A. It was outside of the training room. 13 Q. Just in the hallway? 14 A. Outside on the pavement. 15 Q. And so they had a water hose with sprinklers. 16 17 18 19 Was that how you showered completely, or was it just for your eyes? A. Well, that's how I -- that's how I decontaminated. 20 Q. Okay. 21 A. And then later on I showered at home. 22 Q. Can you describe for me, like, a water hose 23 with sprinklers? 24 picture. 25 I'm just trying to get a visual So was it hooked up so it sprayed upward at Page 80 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 170 of 321 Page ID #:3425 EXHIBIT 20 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 171 of 321 Page ID #:3426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PEÑA GARCIA; JULIO CESAR BARAHONA CORNEJO, as individuals, ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) VS. ) Case No. ) 5:18-cv-011250-R-GJS THE GEO GROUP, INC., a ) Florida corporation; THE ) CITY OF ADELANTO, a ) municipal entity; GEO ) LIEUTENANT DURAN, sued in ) her individual capacity; ) GEO LIEUTENANT DIAZ, sued in) her individual capacity; ) GEO SERGEANT CAMPOS, sued in) his individual capacity; ) SARAH JONES, sued in her ) individual capacity; THE ) UNITED STATES OF AMERICA; ) and DOES 1-10, individuals, ) ) Defendants. ) ____________________________) DEPOSITION OF OFFICER GILBERT MARTINEZ FRIDAY, JUNE 14, 2019 JOB NO. 3400591 REPORTED BY CHRISTINE RYBICKI, C.S.R. 13481 PAGES 1 - 160 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 172 of 321 Page ID #:3427 1 A Yes, ma'am. 2 Q And did you have the briefing right at 6:00 a.m. 3 when you started? 4 A Yes. 5 Q So you'd get a different assignment every time 6 when you went to the briefing; is that right? 7 A Yes. 8 Q On June 12th, 2017, do you remember what position 9 you were working? 10 A I don't remember. 11 Q Do you remember going to a briefing on the 12 It was two years ago. morning of June 12th? 13 A Well, we had briefing every morning. 14 Q Do you specifically remember the briefing that 15 morning? 16 A I don't recall. 17 Q Was there ever a time where a briefing -- well, 18 actually, strike that. 19 20 Do you remember if the June 12th briefing was interrupted by a radio call? 21 A I don't recall. 22 Q Do you remember if you were assigned to any 23 position on June 12th at the briefing? 24 A What was that? 25 Q Do you remember if you were assigned to any Page 34 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 173 of 321 Page ID #:3428 1 specific position on June 12th at the briefing? 2 A That was the day of the incident, correct? 3 Q Yes, the day of the incident. 4 A I was utility. 5 Q Utility? 6 A Yes. 7 Q And what does the utility officer do? 8 A They're in charge of lunches, supplies and pretty 9 much anything that's needed around the facility. 10 Q Is one of their jobs videocamera operator? 11 A Yes. 12 Q Was that something you'd been trained to do? 13 A It's been taught. 14 Q When did you get training on how to operate the 15 videocamera at the facility? 16 A Briefing. 17 Q And was that back in 2013 when you started 18 working? 19 A I can't remember. 20 Q Sometime before 2017; is that right? 21 A Yes. 22 Q Where are the videocamera, the handheld 23 videocameras located at the facility? 24 A Central control. 25 Q And what were you trained was the time that the Page 35 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 174 of 321 Page ID #:3429 1 BY MS. SWEETSER: 2 Q Did you see the footage during the search? 3 A Yes. 4 Q Where did you watch it? 5 A Training. 6 Q Was it -- were you given some additional training 7 after the warning? 8 A Not additional training, it was just showed. 9 Q Where did they show it to you? 10 A The training room. 11 Q Do you have any knowledge at all about how -- 12 where this footage is stored in the facility? 13 A I don't know. 14 Q Okay. 15 Do you remember on June 12th, 2017, who your supervisor was that morning? 16 A Lieutenant Diaz. 17 Q Was she the one giving the briefing that morning? 18 A Yes. 19 Q Was she the one who told you you were assigned to 20 be a utility officer? 21 A Yes. 22 Q Do you remember any of the other officers who 23 were at that briefing that morning? 24 A I don't recall. 25 Q Do you remember if Officer Reyes was there? Page 41 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 175 of 321 Page ID #:3430 1 we're done with count. 2 3 Q And they still refused to move. So just trying to reconstruct this conversation, as much as you remember any way. 4 So you said first you asked them what was going 5 on and they said they were protesting and it was about 6 bonds; is that right? 7 A Yes. 8 Q And then what was the next thing you said to 9 them? 10 11 A trying to convince them to go back to their bunks. 12 13 I don't remember the exact words, but I remember Q And you wanted them to go back to their bunks for the count? 14 A For the count. 15 Q And did you say anything to them about the count 16 at that time? 17 A About the count? 18 Q Mm-hmm. 19 A Yes -- 20 21 MS. AGUADO: Objection; it's also -- sorry, it's a vague question. 22 Go ahead. 23 THE WITNESS: I remember telling them that it is 24 count time and that they need to go back to their bunks. 25 /// Page 62 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 176 of 321 Page ID #:3431 1 BY MS. SWEETSER: 2 Q And did you say that in Spanish? 3 A Yes. 4 Q What's the word for count in Spanish? 5 A Cuenta. 6 THE REPORTER: 7 THE WITNESS: 8 THE REPORTER: 9 THE WITNESS: 10 11 12 13 THE REPORTER: Can you spell that, please? Me? Yeah. C-U-E-N-T-A. Thank you. BY MS. SWEETSER: Q Did you say anything else to them about the count? 14 A What do you mean by that? 15 Q Just what else did you say to them at this time? 16 A I don't remember. I just remember trying to 17 convince them to go back to their bunks so we can start 18 the count 'cause if we don't start it, they're gonna 19 delay our count and that will put us in emergency count. 20 Q What's emergency count? 21 A We go into emergency count after a certain amount 22 of time. 23 Q What does that mean? 24 A And that means we have to return every single 25 detainee, wherever they're at back to their dorm so we Page 63 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 177 of 321 Page ID #:3432 1 A You said to speak to a higher-up? 2 Q Yeah. 3 A They just wanted to speak to ICE. 4 Q Do you remember if they asked you to speak to a 5 higher-up? 6 A I just remember them saying ICE. 7 Q And you said Lieutenant Diaz asked you to 8 translate for her; is that right? 9 A Yes. 10 Q At some point were you translating for her? 11 A Well, she told me to speak with them. 12 Q During this conversation where was Lieutenant 13 Diaz? 14 15 MS. AGUADO: Objection; it's vague as to which conversation you're referring to. 16 MS. SWEETSER: Well, just this one at 6:36 that 17 we're looking at on the screen. 18 BY MS. SWEETSER: 19 Q Where was Lieutenant Diaz at this time? 20 A The person in the white shirt right here 21 22 23 (indicating). Q Okay. So she wasn't participating in this conversation, correct? 24 A No. She had me speak to them. 25 Q Do you remember if any of the other officers that Page 66 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 178 of 321 Page ID #:3433 1 2 3 4 A back to their bunks. Q Do you remember if you gave them any other options? 5 6 I just remember trying to convince them to go MS. AGUADO: there are other options. 7 Go ahead. 8 THE WITNESS: 9 10 11 12 13 BY MS. SWEETSER: Q Did you and Lieutenant Diaz ever discuss taking the detainees to Medical? A To Medical? MS. AGUADO: MS. TISHKOFF: 17 THE WITNESS: 18 It's count time. 19 BY MS. SWEETSER: 21 22 23 Objection; assumes facts, lacks foundation that they should be taken to Medical. 16 20 Yeah, there's not really too many options when it's count time. 14 15 Objection; lacks foundation that Q Join. Why would they be taken to Medical? Did you ever discuss taking these detainees to any other location? A bunks. It's count. They really need to be in their It's critical that we get through this count. 24 Q And why did you consider it critical? 25 A Because -Page 68 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 179 of 321 Page ID #:3434 1 2 MS. AGUADO: answered. 3 Objection; it's been asked and He's already explained this, but go ahead. THE WITNESS: 4 count. 5 BY MS. SWEETSER: Because we would go into emergency 6 Q At 7:20 to 7:30? 7 A Count preps at 6:20, commences at 6:30. 8 Q And at 7:20 to 7:30 you go to emergency count? 9 A Around that timeframe, yes. 10 Q How long does it take to count in the detainees 11 12 13 14 in 2 Charlie approximately? A Approximately? Between two officers, around 10 minutes. Q Have you personally ever experienced a situation 15 besides this one where detainees have refused to go back 16 to their bunks for count? 17 A No. 18 Q During this time period, did you go to the upper 19 area? 20 A What time period? 21 Q During the time between 6:33 and 6:37, did you go 22 to the upper area? 23 A I don't remember. 24 Q At some point before any use of force started did 25 you go up to the upper area? Page 69 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 180 of 321 Page ID #:3435 1 2 3 4 A I don't recall because I was speaking to the detainees on the table I was at. Q And I see Lieutenant Diaz has approached closer to where you are; is that right? 5 A She's by me. 6 Q Do you remember if she was talking to the 7 8 9 10 11 detainees at that time? A They didn't speak English, so there's no way she could talk to them. Q Did you translate anything for her at this time, if you remember? 12 A I don't remember. 13 Q Okay. 14 A So based on the video, it's me and Reyes talking 15 16 17 to them right now. Q Just for the record, that's at 6:37:33. We're playing the video a little more. 18 19 Okay. And just at 6:38:07, are you walking away from the table now? 20 A Based on the video. 21 Q Do you remember anything else -- besides what 22 we've already talked about, do you remember anything 23 else you said to the detainees during that conversation? 24 25 A Just trying to convince them to go back to their bunks, not the actual conversation. Page 71 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 181 of 321 Page ID #:3436 1 Q Did anyone tell you to go to the first table? 2 A Don't remember. 3 Q Okay. 4 Do you remember if anyone else was touching any of the detainees at this time? 5 A Don't remember. 6 Q I'll play a little bit more. 7 8 I'll stop it at 6:38:19. Can you tell from the video if you're touching any of the detainees? 9 A Yes. 10 Q And are you touching -- can you describe for me 11 12 which one you're touching? A Well, the video pretty much speaks for itself. 13 Right here (indicating), I don't know what you want to 14 call it or how you want to put it into words. 15 Q Well, for the transcript, you're describing 16 someone -- the detainee that was seated at the lower 17 left hand of the table that you just approached; is that 18 correct? 19 A Yes. 20 Q Okay. 21 And can you describe for me, what were you doing at this time? 22 A Can you play the video? 23 Q Let me back it up a little bit as well so you can 24 see it from the beginning. 25 playing it again at 6:38:14. Okay. I'm gonna start Page 74 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 182 of 321 Page ID #:3437 1 2 3 I'll stop it at 6:38:28. Can you describe for me what you were doing at that time? A Well, based on the video, it looks like we were 4 trying to remove one of the detainees to take him 5 outside. 6 officers. 7 8 Q He was resisting, so I was helping my fellow So describe for me, how did you first put your hands on him? 9 A Play the video again, please. 10 Q All right. 11 12 13 14 I'm starting at 6:38:14. I'm stopping it at 6:38:26. So can you describe for me how you first put your hands on him? A Based on the video, it looks like I grabbed the legs. 15 Q Do you remember grabbing his legs? 16 A I don't remember the whole situation. 17 18 19 20 21 It was two years ago. Q When you say you don't remember the whole situation, what do you mean? A Like if there wasn't a video here today, I wouldn't be able to recall exactly what I did. 22 Q Do you remember why you grabbed his legs? 23 A Because he was resisting. 24 Q And what do you mean when you say he was 25 resisting? Page 75 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 183 of 321 Page ID #:3438 1 A He doesn't want to move from the table. 2 Q Do you remember giving this detainee a command 3 yourself? 4 A I don't remember. 5 Q Do you remember hearing anyone else give that 6 detainee a command? 7 A I don't remember. 8 Q Do you remember how you knew that that detainee 9 10 did not want to move from the table? A Well, based on the video, I was talking to one 11 set of detainees here at the bottom table. 12 talking to them at the top. 13 them know that they needed to move. 14 15 Q Reyes was So I'm pretty sure he let And you're assuming that based on the fact that he was talking to them? 16 A Yes. 17 Q But you didn't hear anything that Reyes actually 18 said to that detainee; is that right? 19 A No. 20 Q Did anyone command you to grab the legs of the 21 22 23 24 25 detainee? A I believe it was Lieutenant Diaz. She instructed us to remove him from the table. Q At the time that you were removing him from the table had any pepper spray been deployed? Page 76 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 184 of 321 Page ID #:3439 1 A Not that I remember. 2 Q When she told you to remove him from the table, 3 did she use specific words? Did she use those words? 4 A I don't recall. 5 Q In your use of force training, had you been 6 trained about pressure points? 7 A Yes. 8 Q And when was it appropriate to use pressure 9 points? 10 A When presence and verbals pretty much don't work. 11 Q And when you say "verbals," you mean verbal 12 commands? 13 A Verbal commands. 14 Q So when you're using your command presence and 15 you're using verbal commands and those don't work, 16 that's when you would use pressure points? 17 A Yes. 18 Q Were you using pressure points on this detainee? 19 A No. 20 Q Where are the pressure points located? 21 A There's several. 22 Q Can you describe them for me? 23 A I don't know all of them. I don't remember all 24 of them, but I know one's behind the ear. 25 is right here by the nose (indicating). Another one Those are the Page 77 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 185 of 321 Page ID #:3440 1 2 only two I remember. Q Do you know if at the time you were grabbing this 3 detainee's legs if any of the other officers holding him 4 were using pressure points? 5 A I'm only speaking for myself. 6 Q But you didn't -- 7 A I didn't see anybody else. 8 Q Do you know which other officers were holding him 9 at that time? 10 A I can't tell. 11 Q Do you know how they were holding him? 12 A No. 13 Q Did Lieutenant Diaz specifically command you to 14 I was focused on myself. grab the detainee's legs? 15 A She gave me a command to remove him. 16 Q Was there a reason you thought that it would not 17 18 19 20 21 be possible to remove him without grabbing his legs? A I believe he was clenching onto the table, that's why I went for his legs. Q And after you grabbed his legs what's the next thing that you did? 22 A Escort him outside. 23 Q Did you touch him on any other part of his body? 24 A I can't remember. 25 Q How did you escort him? Page 78 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 186 of 321 Page ID #:3441 1 If you remember. 2 THE WITNESS: 3 chance to. 4 BY MS. SWEETSER: 5 6 Q 'Cause this was a time that I had a So before you escorted the first detainee out you just didn't have a chance to put on gloves? 7 A I didn't have a chance to put on gloves. 8 Q Is that because you didn't expect the force to be 9 used at that moment? 10 A No, I didn't expect to use force. 11 Q When you walked around to the first table, were 12 you expecting to talk to those detainees? 13 A Yes. 14 Q And did you get a chance to talk to them? 15 A I don't remember. 16 Q Do you remember who first made the decision to 17 18 19 20 21 use force at the first table? A Well, the only one who can make that decision is the supervisor. Q So that was Lieutenant Diaz telling you to remove them? 22 A Yes. 23 Q And you weren't expecting that, so you didn't get 24 25 a chance to put on gloves? A No, it was in the moment. Page 90 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 187 of 321 Page ID #:3442 1 deterrent. 2 Basically like if she shows it to them, maybe 3 they'll want to rack up and go back to count -- well, go 4 back to their bunks so we can commence count. 5 remember her waving it several, several times and it 6 didn't phase them at all. 7 8 Q But I Do you remember if you ever said anything to the detainees about pepper spray? 9 A I don't recall. 10 Q You don't have any memory of saying anything 11 about the pepper spray? 12 A I mean, if it's in your face. 13 Q Do you know whether the detainees had ever seen 14 pepper spray used before? 15 A I didn't ask them. 16 Q Had you ever been present in 2 Charlie prior when 17 pepper spray was used? 18 A Prior to 2 Charlie? 19 Q Prior to this day, had you seen it used in this 20 dorm before? 21 A No. 22 Q I'll back up the video just a little bit. 23 gonna play it again from 6:42:18. 24 to stop. 25 I'm And just let me know Well, I'll stop it here at 6:42:22. Do you see Page 96 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 188 of 321 Page ID #:3443 1 witnessed her deploying her pepper spray that day? 2 A Yes. 3 Q And how many times did you see her deploy her 4 spray? 5 A I only saw her once and it was only for a second. 6 Q You didn't see her deploy it multiple times in 7 8 9 this video we just watched? A No, 'cause I remember her trying to avoid using the pepper spray in general. She really didn't want to 10 use it. 11 Q How did you know that? 12 A Judging by how long it took her to use it. 13 'Cause she was just waving it trying to deter them, I 14 guess, and avoid using it. 15 pepper spray, usually the person doesn't want to get 16 pepper sprayed and we just leave it then and there 17 instead of going through the trouble. 18 19 20 21 22 Q 25 And you don't remember telling the detainees anything about the pepper spray? A I mean, I'm pretty sure they knew about it. They put their heads down like if they knew what it was. Q 23 24 'Cause usually when you wave I'm playing the video again, it's at 6:42:38. I'm looking at 6:43:15 now. Do you see yourself in this video here? A Yes. Page 98 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 189 of 321 Page ID #:3444 1 Q I'll play it again. 2 A On the one we have it looks like there's three. 3 Q So this is at 6:46:17. 4 It looks like there's three officers touching this detainee; is that right? 5 A Mm-hmm. 6 Q And are you the officer most toward the bottom of 7 the screen? 8 A Yes, the one with the black sweater -- jacket. 9 Q Now that we watched a little further, can you 10 tell who any of the other two officers are? 11 A No. 12 Q Do you know if Reyes is one of them? 13 A Let me see. 14 15 16 17 It looks like it could be Reyes. Q Okay. And at 6:46:23 are you escorting this detainee outside? A Yes. 19 Q Okay. 21 I can't really tell, though. 18 20 Play it. Do you remember anyone saying anything to you at this point at 6:46:23? A I remember him like pulling from us really bad. 22 And I remember Officer -- not Officer, Sergeant Campos 23 coming in. 24 it, so he gave us the directive to guide him towards the 25 wall. And he saw that we didn't have control of Page 107 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 190 of 321 Page ID #:3445 1 Q How did he give you that directive? 2 A Verbal. 3 Q And did he use those words, "guide him toward the 4 wall"? 5 A Yes. 6 Q Did he say anything else like "gain control"? 7 A Well, he helped us get control. 8 Q How did he help you? 9 A Play the video. 10 Q Sure. 11 A It looks like he had his hands on his back so he 12 13 14 15 16 17 18 wouldn't move. Q All right. So I'm pausing it again at 6:46:36. So Campos placed his hands on the detainee's back? A Well, I don't remember the exact spot, but he placed his hands on him. Q And you guided him toward the wall; is that right? 19 A Yes, to gain control. 20 Q Do you remember how he made contact with the 21 wall? 22 A I think the midsection of his body. 23 Q Do you remember his head hitting the wall? 24 A No. 25 Q Do you remember where his hands were at that time Page 108 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 191 of 321 Page ID #:3446 1 when you guided him to the wall? 2 A I can't tell. 3 Q Did you have ahold of his arm? 4 A We can see if you play the video. 5 Q Let me back it up a bit. 6 A Yeah, I can't really tell where my hand's at. 7 Q Okay. 8 A It appears to be his arm. 9 Q Stopping at 6:46:25. 10 I'm gonna play it again from 6:46:22. It looks like you're holding onto his arm you said? 11 A Mm-hmm. 12 Q And did you push him against the wall? 13 A Guided. 14 Q So you wouldn't say you pushed him against the 15 wall? 16 A No. 17 Q Do you remember this detainee, this fourth 18 detainee that you escorted out striking you at any time? 19 A No. 20 Q He didn't do that, right? 21 A No. 22 Q Do you remember that detainee, that fourth 23 I wasn't strucken [sic] that day at all. detainee throwing his hands back? 24 A I don't remember. 25 Q You don't have any memory of that? Page 109 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 192 of 321 Page ID #:3447 1 A No. 2 Q I'm playing it again. 3 At this point where are you at 6:46:43? 4 A With the same detainee. 5 Q Okay. 6 A Trying to escort him out. 7 Q Okay. 8 And it looks like you left the room and escorted him out at 6:46:50; is that right? 9 A Mm-hmm. 10 Q Do you remember anything that happened with that 11 12 13 14 15 16 17 It appears so. detainee in the hallway? A We just escorted him out, same thing as the other ones. Q Do you remember, did you see him in the rec yard with the other detainees? A We placed him out there with the rest of the detainees. 18 Q And did you handcuff him? 19 A Everybody was handcuffed. 20 Q Do you know if he was handcuffed at the wall or 21 outside? 22 A I don't remember. 23 Q Do you remember anything that stood out about 24 25 handcuffing that particular detainee? A Not that I recall. Everybody pretty much Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 193 of 321 Page ID #:3448 1 2 3 4 5 6 7 resisted except for that one person. Q Was that person who was not resisting handcuffed inside or outside? A I don't remember, but everybody was placed in handcuffs. Q All right. Let me show you just one more camera view of this. 8 A Okay. 9 Q So I'm playing it just from 6:46:46. 10 forward. 11 MS. TISHKOFF: Which view is this? 12 MS. SWEETSER: This is view C1. 13 MS. TISHKOFF: Thank you. 14 I'll fast BY MS. SWEETSER: 15 Q So around 6:46:46 -- 16 A Mm-hmm. 17 Q -- do you see yourself in this frame? 18 A I can't tell. 19 Q Okay. 20 A Based on the video, yeah, it looks like me. 21 Q Okay. 22 23 I'm gonna rewind it just a little bit. And I'm playing it again from 6:46:36. And I'm stopping it at 6:46:46. Where are you located in this video, if you can tell? 24 A I can't tell. It's really small. 25 Q I'm trying to make it a little bigger perhaps. Page 111 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 194 of 321 Page ID #:3449 1 2 Q It looks like the detainee is on the floor; is that correct? 3 A It appears so. 4 Q How did he get onto the floor? 5 A Resisting. 6 Q Can you describe for me how he got onto the 7 floor? 8 MS. AGUADO: 9 THE WITNESS: 10 He just did. Asked and answered. I just did. BY MS. SWEETSER: 11 Q When you say "resisting," what do you mean? 12 A As if he was pulling away from us the whole time. 13 Q So is your testimony that he pulled away and fell 14 onto the floor? 15 16 MS. AGUADO: testimony. 17 Go ahead. 18 THE WITNESS: 19 Objection; that misstates his Repeat the question. BY MS. SWEETSER: 20 Q How did he get onto the floor? 21 A I don't know. 22 He was resisting. Somehow he ended up on the floor. 23 Q You're not sure how that was? 24 A No. 25 Q Playing it again from 6:47:53. Page 114 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 195 of 321 Page ID #:3450 1 A Mm-hmm. 2 Q And your first -- I'm sorry, you have to say 3 "yes." Sorry. 4 A Yes. 5 Q I know, it's been a long day. 6 7 8 9 10 11 And your first assignment in that position was to check the doors; is that right? A It wasn't my first assignment, but it's something I usually do. Q After you checked the doors what would your next position as the utility officer be? 12 A Well, on the way to check the doors I go count. 13 Q So are you the utility officer that verifies 14 count in the dorms? 15 A Yes. 16 Q Were you going to verify the count in 2 Charlie 17 that day? 18 A I was gonna go count the whole 2 side in general. 19 Q And how long did it usually take you to check the 20 21 22 23 24 25 doors? A Well, it's along the way there. So maybe like a minute or two. Q And which dorm would you start with when you counted the 2 side? A Alfa. Page 137 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 196 of 321 Page ID #:3451 1 Q And then is there a beta or B? 2 A Bravo. 3 Q And so would you go in alphabetical order down 4 the dorms? 5 A Mm-hmm. 6 Q How long would it take you to verify count in 7 Yes, ma'am. each dorm? 8 A About 10 minutes each. 9 Q So it was your plan that day that you'd start in 10 11 10 minutes each unit. alfa around 6:35? A Well, I don't remember what time exactly I was 12 walking over there, so whenever I got there. 13 goes a lot faster if there's another officer there. 14 if it was me by myself, it will take me about 10 minutes 15 each unit. 16 17 Q It usually And if you're with another officer, how long would it take to do count? 18 A Way faster. 19 Q Sorry, 15 minutes? 20 A 15, just about. 21 Q And how long did it take when you were by 22 23 But Maybe 15 minutes. yourself? A About 10 minutes each unit. It just depends on 24 the other officer, so it's like give or take. So if the 25 other officer's really slow at counting, it could take a Page 138 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 197 of 321 Page ID #:3452 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) ss. 3 4 5 6 I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: That prior to being examined, the witness named 7 In the foregoing deposition was by me duly sworn to 8 Testify to the truth, the whole truth, and nothing but 9 the truth; 10 That said deposition was taken down by me in shorthand at the time and place therein named and 11 thereafter reduced to typewriting under my direction, 12 and the same is a true, correct, and complete transcript 13 of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, review of the transcript 17 { } was { } was not required. 18 19 20 I further certify that I am not interested in the event of the action. Witness my hand this 3rd day of July, 2019. 21 22 23 <%13538,Signature%> 24 Certified Shorthand Reporter 25 for the State of California Page 160 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 198 of 321 Page ID #:3453 EXHIBIT 21 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 199 of 321 Page ID #:3454 UN]TED STATES DISTRICT COURT FOR THE CENTRAL DTSTRICT OF CALIFORNIA 1 2 3 4 q 6 OMAR ARNOLDO R]VERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUB GRANDE RODRIGUEZ; Plaintiffs, Case No. VS. 5:18-cv-0II250-R-GJS a THE GEO GROUP, rNC., 10 11 I2 13 L4 15 1.6 a THE Florida corporati-on; CITY OF ADELANTO, A municipal entity; GEo LIEUTENANT DURAN, sued in her individual capacity; GEO LIEUTENANT DIAZ, sued in her individual capacity; GEO SERGEANT CAMPOS ' sued in his individual capacity; SARAH JONES, sued in her individuaf capacity; THE I1 UNITED STATES OF AMERICA; 18 and I9 M ALEXANDER ANTONIO BURGOS MEJIA; LU]S PENA GARCIA; JULIO CESAR BARAHONA CORNEJO, as individuals, l 9 CER/NFED DOES 1-10, individuals, Defendants. 20 2L 22 23 24 25 DEPOS]TION OF SARAH ANN JONES, LVN THURSDAY, JUNE 2'7 , 20r9 JOB NO. 3402458 13481 REPORTED BY CHRISTINE RYB]CKI, C.S.R Pages 1- 220 Pages 160-2L8 Confidential and Bound S epa rat.e I y Page Veritext Legal Solutions 866 299-5127 1 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 200 of 321 Page ID #:3455 1 Q You say "that lieutenant." Can you elaborate? 2 A So with Lieutenant Diaz if she was for that 3 specific -- or that specific would be a great example. 4 We were near each other because she was in medical and 5 she was called to address whatever they called her for, 6 and so she asked me to go. 7 Because when codes are called or there are 8 arising issues, then medical is called to stand by. 9 in retrospect with Lieutenant Diaz, my experience with 10 her was typically if I was free, then she would ask me 11 to accompany in case anything were to occur, or I assume 12 that's why she asked me to come. 13 14 15 16 17 18 Q So And when you say "in case anything would occur," you mean in case any force was used? A No, just if there was any medical concern of any kind. Q And you said "that lieutenant." Was this not other lieutenants' general practice? 19 A It's not a required practice. 20 Q She was just more likely to ask medical personnel 21 to accompany her? 22 A Yes. 23 Q Were you ever present when Lieutenant Diaz pepper 24 25 sprayed anyone outside this incident? A No. Page 85 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 201 of 321 Page ID #:3456 1, O Were you ever present besides this incident 2 were you ever present when Lieutenant Dtaz ever 3 threatened anyone with being pepper sprayed? 4 A Vihat do you mean by "threatened"? q a Maybe took out her pepper spray' waved it 6 them Anything like that? 7 B A Yes. 9 O How many 10 A I could not give you a 11 O It was fairly occasions would you number frequentlY? foundation. I4 You have no estimate, is that 15 THE WITNESS: I6 MS. TISHKOFF: Okay. 1,1 1B T9 20 say? MS. TISHKOFF: That misstates testimony and Iacks T2 13 at BY MS. O No, I have no estimate. SWEETSER: Do you think it happened more than five times? MS. TISHKOFF: Lacks foundation, calls for speculation. 21_ MS. STROTTMAN: Join 22 THE WITNESS: 23 MS. TISHKOFF: You don't know? 24 THE VI]TNESS z3 MS. TISHKOFF: You have to answer, so. : I don't have a rePlY No, f don' t . Page 86 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 202 of 321 Page ID #:3457 1 THE WITNESS: 2 don't know. 3 BY MS. SWEETSER: Oh, I'm sorry. I don't -- I really 4 Q But you do remember it happening -- 5 A Yes. 6 Q -- on other occasions? 7 As you accompanied Lieutenant Diaz to 2 Charlie 8 that morning, did you see anything unusual happening 9 before you arrived at the dorm? 10 A No. I just walked through the corridors with 11 her. 12 Q And you don't remember if anyone else was there? 13 A I don't remember. 14 MS. TISHKOFF: In the corridors or? 15 MS. SWEETSER: Yes, in the corridors. 16 MS. TISHKOFF: Okay. 17 18 19 Thank you. BY MS. SWEETSER: Q And at some point you arrived at 2 Charlie; is that right? 20 A Mm-hmm. 21 Q What did you see when you got there? 22 A I saw officers, I don't know who, and I saw 23 24 25 detainees sitting at the table. Q Where were you -- did you enter the room all the way or did you stay at the door? Page 87 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 203 of 321 Page ID #:3458 1 2 3 there she talked with Dtaz. Do you know if Officer Callwell had spoken to the 0 detalnees already A 5 ASo 1 you had this exchange? I have no idea. 4 6 when she didn't say like "I was just talking to them and they said these things A x how it 9 know. 10 No. Prior to me all came about. Okay. So she o " ? getting there, I don't even let's So D:-az asked the officer 1,1, L2 the 13 riqht r I don't That's very confusing. as ked see. what was going on at time that you were talking to CallweIl; same is that 1,4 A Yeah. 15 O And then what's the next thing you remember 16 I1 happening after that A know ? Callwell- explained to Diaz in some form of what whatever they had wrote was pertaining to, 1B the letter t9 and DLaz 20 they have to follow pollcy, said that. they have to fol-Iow -- you know, that 2! they have to rack up. And then she spoke Spanish to them and 'they continued to 22 refuse to rack up. 23 O 24 Cal lwel- I 25 A When ! 'you say she spoke Spanish to them, that's ? Yeah. Page Veritext Legal Solutions 866 299-s127 91 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 204 of 321 Page ID #:3459 1 O You don't know what Callwell said to them? 2 A I don't speak Spanishr so I have no cl-ue. 3 O Did you see any other officers 4 besides Callwell speaking Spanish tp the detainees at that time? 5 A No. 6 O What's the next thing that happened after that? 1 A Diaz just kept yelling 5nd shaking her can. B o Vfas 9 time Callwel-l stilt translating ? 10 A I don't think so, but f don't 11 O You I2 13 for her at that that point don't remember seeing Callwell translate at ? you A11 A know. know is Callwell kept trying to qe! them 1-4 to rack up, like to comply, but how or what was said, I 15 dont L6 I7 1B t O know. What's the next thing you rernember seeing happen after she was shaking the pepper spray A I walked away from the can? well' I had asked her 1.9 to escort them or count them there or bring them to )n medical. 21 Dtaz told me personally. 22 She, said no, they had to comply. That's what Then from there I stepped away 'cause she kept ZJ shaking the can. So I moved my. Iocation 24 deal with it 25 that point. and I let them 'cause it was not pertaining to medical at Page Veritext Legal Solutions 866 299-5127 98 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 205 of 321 Page ID #:3460 2 So you asked D:-az to count them just at the O 1 tables ? 4 way Yeah, 'cause I was just trying to figure out a to not have them sprayed 'cause with her having the 5 can out, it would imply that she would anticipate 6 ir, so. A 3 Did ir 7 o B were 9 tables seem to you that they could just sitting sti1l, they could j to they ust count them at the ? 10 A Yes. 11 (, And you said also you thought maybe she could I2 use bring them to medical? 13 A Yeah. L4 O Had anyone told you that these detainees were on 15 hunqer strike L6 A 1-1 O 1B 1"9 No. at this point? the protocol have been if they were on hunger strike to bring them to medi ca I ? Woul-d 20 A Yes. 21- O And count 'can be completed if )) 1. -t some detainees are in medical, correct? A Yeah .A LA MS. TISHKOFF: 25 THE W]TNESS: May lack foundation. but I don't know securi-ty's Page 99 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 206 of 321 Page ID #:3461 1 2 3 4 bunks started yelling? A I don't know a sPecific time. They were rowdy during the whole encounter that I recal-l OSo when you first arrived, you remember hearing 6 the detainees in the bunks yellinq down to you? A I don't know if they were yelling down, but they 1 were B like the walls. So they were, visually 9 some were making noises, but I don't know that they were 5 10 11 L2 as you can see in the video, theyt re overlooking specificatly O observing and saying anything. Do you remember any of the detainees saying "stop" or "don't do that, " the ones in t.he bunks? 13 A I have no clue. 1,4 O You don't really 15 A No. L6 O And do you remember at this point when you saw remember what they'were saying? 1_B this detainee being pulled away from the table what thought about the use of force? Did you have any I9 thoughts at that time? L1 MS. TISHKOFF: Well, it's 20 overbroad, vague, it 2I Iacks foundation and it call-s fbr speculation, it's 22 irrelevant and you also but you can go ahead and answer if you have 24 MS. STROTTMAN: Join that. 25 MS. TISHKOFF: Same objections recall- what your thoughts were Page L04 I Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 207 of 321 Page ID #:3462 1 2 3 4 bunks started yelling? A I don't know a sPecific time. They were rowdy during the whole encounter that I recal-l OSo when you first arrived, you remember hearing 6 the detainees in the bunks yellinq down to you? A I don't know if they were yelling down, but they 1 were B like the walls. So they were, visually 9 some were making noises, but I don't know that they were 5 10 11 L2 as you can see in the video, theyt re overlooking specificatly O observing and saying anything. Do you remember any of the detainees saying "stop" or "don't do that, " the ones in t.he bunks? 13 A I have no clue. 1,4 O You don't really 15 A No. L6 O And do you remember at this point when you saw remember what they'were saying? 1_B this detainee being pulled away from the table what thought about the use of force? Did you have any I9 thoughts at that time? L1 MS. TISHKOFF: Well, it's 20 overbroad, vague, it 2I Iacks foundation and it call-s fbr speculation, it's 22 irrelevant and you also but you can go ahead and answer if you have 24 MS. STROTTMAN: Join that. 25 MS. TISHKOFF: Same objections recall- what your thoughts were Page L04 I Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 208 of 321 Page ID #:3463 O 1 2 detainee's been cfeared? A 3 A Lt 5 And would the guards inform you when the Yes, or medical. Not necessarily specifically me. O Did you see where the guards were taking the 6 detainee 1 A No. o \l From where you were standing could you see how 9 ? the guards had handled the detainee ? 10 A No. 11 0 Were you abl-e to see whether or not they were I2 striking 13 A Striking? 1-4 O Striking, r'7 20 2I 22 /< Is that what you mean by "striking"? O Yeah Could you see whether or not they were hitting 1B I9 yeah. Are you implying like hitting? 1_5 I6 the detainee? the detainee? A I could see them standing with them, but I didn't see anybody being hit. O I'm thi-nking at the time that you were at the podium you're some distance from the tables? 24 A Right. 25 O Did you have a cfear line of sight to see what Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 209 of 321 Page ID #:3464 1 happening at the tabl-es? was A 2 I have a clear line of sight to see them there, to 3 but there was a lot of commotion. 4 actions, it would not have been cl-ear to as they were pulling the first 1 9 see speci my Do you remember anything speci fically 5 6 So detainee view. happening up? A No O Do you remember assessing whether he was resisting officers fic or? 10 A That'.s not my role to assess that. 11 O Do you remember any specific actions that were I2 taken at the time they were pulling the first 13 up? detainee I4 A No. 15 O Do you remember the detainee doing anything in I6 I7 response to the officers A ? All I watched was from the first time when the 1B lieutenant told them to remove the detainees or escort 1,9 Lhem 2A they specifically 2I O out, and then they all went. did it, I do not I stayed there. know. Is there anything you remember about that removal 22 besides just the general fact that it happened? 23 No, '.cause f was paying attention more to the background with the other detainees. 24 25 How A O And when you say "the backgrourld, " you mean the Page Veritext Legal Solutions 866 299-5127 11,L Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 210 of 321 Page ID #:3465 1 O Did you have a walkie-talkie 2 A A radio? 3 O Yeah. 4 A Yes. 5 O Do you remember at some point 6 there was the first 7 come that day on you? I know y.ou said radio call- for Lieutenant Diaz to B A Mm-hmm. 9 O At some point was there another call on your 10 11 I2 radio that you heard? A There was a lot of radio traffic recall what was said. make any calls yours.elf 13 O You didn't 1,4 A I did not. 15 O And as you I6 and I do not little That was a Hold on. too fast. So starting 1,7 let me rewind that. ? at 6:39:L4, did you see any detaj-nees 1B be placed against the wall near where you had been I9 standing previously? 20 A I didn't see anything specifically occur from 2I where I was standing because as I stated, I 22 observing the surroundings. f was not directly 23 and detainees. was watchin$ the encounter between I was ensuring my safety with 24 officers 25 the surrounding detainees in the bunk areas. Page 113 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 211 of 321 Page ID #:3466 2 So you don't remember any detalnees making O 1 contact with that wall? 3 A Well, I didn't watch it, 4 O I 'm looking at 5: 39: 3 6. At this point were you still 5 6 so I don't know. near the podium or did you move anywhere? '7 A Thatfs me (indicatitg). e O Okay. So you're starting 9 A Yeah. We1l, ror ffve stayed right there by the 10 podium that whble time: Oh, okay. So you've been at the podium. And 11 o 72 this is 13 d n No, that's I4 () Oh, okay. 15 A This is still L1 A Mm-hmm. So that's 1B n Okay. So that's L6 T9 sorry. 20 2I A v an of f.icer. by the Podium. Oh, by t.he podium. Okay. Great me me moving to the right at 6:40:38. You're moving Can you point to yourself again? Uh-huh. That's me at the first Okay. table to the podium Do you remember why you decided to move at that time ? 24 25 now you right of the 22 ZJ to move back farther? n to be Yeah. loud. The detainees in the bunk areas continued I know they were yelling, but they were not Page II4 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 212 of 321 Page ID #:3467 1 is that right? A 2 3 I No. I only know them by last-name basis. don't know anybody on a first-name basis. 4 O So you don't know what his first 5 A No. 6 O Do you remember where he was when you called out 7 to name was? him? B A fn his bunk. I called him by his bunk number. 9 O Do you remember what his bunk number was at the 10 time? 11 A 65. 1,2 tl Was 13 regular 1,4 A Not. for me, but for detainees if O Durinq the whole time you were in 2 Charlie, 15 16 1,7 1B I9 20 2I bas he someone who translated for you on is a ? they asked him to. was he in hi3 bunk? A That I wallr so that O know was You didn't of 'cause he's on the toP behind the not, j-n my view see him on the floor translating for anyone that morning? 22 A Oh, no. 23 O So at that point you moved back over here to call 24 25 out to him to ask him to tell A everyone to calm down? Yeah. Page 716 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 213 of 321 Page ID #:3468 1 2 O you said that? 3 A Yes. 4 O And did the people calm down? 5 A Yes, on the right sider ofl the right tier pretty 6 much everybody complied. 1 but some stilt On the left tier a lot did, remained standing. Okay. I just fast forwarded it a little B O 9 6:41-:50. 11 the tables that are past the podium from what's 1,2 happening? 13 A Yeah, I'ITt standing in between them. L4 O And were you 15 still observing generally what was happening in the bunks or were you -- I6 A Yeah. I1 O Were you looking at all 1B bit to At this point are you standing past the podium by 10 I everyone to calm down after And did he instruct of the tables that's toward the camera where the detainees were sitting? 1-9 A No. 20 O Okay. And at this polnt I know you discussed 2I 22 conversation you heard with A DLaz a and Call-we1l. Mm-hmm. 24 O At this point which 1s I think about 6242, had you heard anything else being said to the detainees or 25 the detainees saylng anything else who were at the 23 Page 111 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 214 of 321 Page ID #:3469 Okay. And at this point I see there's officers O 1 This is 6:43252 on the C3 view. 2 in the video. 3 are removing another detainee. Was 4 5 Of f i-cers that something you could see from where you were standing? I was actually leanlng, like sitting A 6 up against pedestal on that second table, and no. 1 on that first o O Well, I'm sure I could have, but again, I wasn't 9 paying I wasn't focused on what they were doing. I was focused on just watching around because all 10 were involved in addressi-ng that issue, \1, of the officers 12 so I was just observing for anybody from the bunk areas. oI 13 see. you remember any specific actions that took So do 1"4 point when they started moving the 15 place at thi t6 detainees from the second table? ANo 11 1B until I9 20 O s I didn't the first know of any actions that occurred time when f saw the video. Okay. At this point I think I see you 6244207. I think I see you moving again. 2I A Mm-hmm. 22 O Were you moving toward the bunk area? ZJ A Yeah, to the bottom tier. 24 25 this is to Somebody was speaking me. O Do you remember what they were saying? Page Veritext Legal Solutions 866 299-5127 L1,9 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 215 of 321 Page ID #:3470 1 2 person who's walking A Yeah. toward the podium? 3 4 A Well, to the tables. 5 O The tables? 6 A Yes. 1 u The tables that are by the podium? A Yes. O And do you remember if 9 you could see what was 10 happening with the removal of the detainees at this 1_1 time IZ ? A I just remember kind of walking back and forth in 13 that general area, but I don't know specifically 1,4 was seeing at that time 15 1,6 I1 a Do you remember if what I you were paying attention to the tables agai-n at this point? A The whole time I paid primarily my attention, 1B my focus was solely on the detainees in the bunk area. I9 Never 20 2I 22 O never was my attention towards the situation. So you don't have any specific of what was happening with the removal of the detainees? A No. There was just They were going 23 commotion. 24 were coming in and out. Z3 recollection And all I know is there was a you know, the officers as you can see in the vi-deo, there was Page ) Veritext Legal Solutions 866 299-s127 1"21, Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 216 of 321 Page ID #:3471 but 11ke specifically 1 officers 2 they were doing, I do not know. coming around me, what 3 tl 4 know Okay. And stopping it at 6;46221. And I don't if you can see in the video, the detainee's just 5 been placed against the wal-l. Is that what you can 6 see? the video, y€s. 1 A I can see that U u Could you see that that day? 9 A I didn't on watch them do that. I woul-d have been able to see it, 10 that directlon, 11 did not observe that that day. 72 13 O Okay. And you're still- back stairs Had I been looking located back here by the ? 1,4 A Yes. 15 u Okay. So f'm just trying to in my mind, f I1 A Oh, sorry. trying to see 1B Mq TISHKOFF: 1"9 THE WITNESS: I'm just trying to see T6 flor 2T where. O wait for a question Don't just trying to pay attention, /< was that is 20 BY MS. but I who f rm sorry, mentally of whors SWEETSER: No worries. 24 Are you still 25 Are you still this is 6:46:39. back here? Page I22 Veritext Legal Solutions 866 299-sr27 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 217 of 321 Page ID #:3472 1 Z 3 4 with her. Okay. So at some point did you hear a call O out for the RN? No, but whatever radio traffic A go she had, which I 5 donrt remember, so for me to state woul-d not be fair 6 'cause I don't remember how it was all verbalized, but B I -- in order for west and others to come in, the lieutenant orchestrated that. And so how that was said, 9 f don't 1 10 1"1" a know. And you told me ear1ier her name, but Irve forgotten. 1,2 A Who, the 13 O The RN, what I4 A HoImgren. 15 0 Can you spell that? 1,6 A H-O-L-M-G-R-E-Nr ds in NancY. I1 O Okay. Did you see some of the detainees being 1B I9 RN? carried out of the AI don't was her name? room? yes. At some point when f 20 observing on the left-hand side I do recall 2I being 22 but I ZJ but in what manner specifically, 24 attention. 25 O was someone I don't know if they were being carried out, do remember them being Do you remember if like being brought out, I didn't pay real close any of the detainees were Page 728 Veritext Legal Solutrons 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 218 of 321 Page ID #:3473 1 carried out as opposed to walked out? Z A I don't remember. 3 O Did you and the RN talk at all about what 4 happening? A 6 6 1 I forgot honestly that she even was in the dorm, I don't even remember her coming out there. so. O I switched it back to C3 and we're aL 6:48. As yourre Iooking at the video now' do you o U 9 was someone see being carried out? 10 A I see a f ot of blue shi-rts. 11 O But you're not sure if the person's being carried I2 13 or walking? A I couldn't even tell if they're deal-ing with 15 a 'cause I don't see a person. bit. Let me back it up a little T6 A Sorry. I4 1,1 1_B indivldual Sorry, it's O 21" )) 23 24 25 Can you turn it a little bit this way? cloudy. I'11 hit play aqain at 6:47:54. Can you see okay? I9 20 an A Yeah. And you're asklng me to answer according to what T see on the vldeo? O Yeah. On the video can you tell if someone's being carried or if they're walking out? MS. T]SHKOFF: The video speaks for itself, but Page L29 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 219 of 321 Page ID #:3474 1 you can go ahead and answer. oh, yes THE W]TNESS: 2 3 could see it appears 4 BY MS. . According to the video, I as though somebody SWEETSER: you saw that that 5 0 Do you remember if 6 A No. 1 O I can see you and the RN are stil-l B 9 10 day? back by the back stairs? A Yeah. I'm facing her, so I'm not even facing that direction. Were you guys discussing at this time, you and 11 A 1,2 the RN 13 discuss ing L4 was carried out. A we1l, you said you don't remember if you were f don't remember her coming in. Seelng the f wouldn't 15 video, I can recall that, but I don't 1"6 able to tell 11 because I -- unti-l- I saw her on the video I didn't 1B remember her being in there I9 ZU O even remember what happened next? That last A 22 removed? 25 what we were discussing After this detaj-nee was carried out do you 2I 24 you specifically be O Mm-hmm. A I -- no. that one on the video that was last I just remember going from them -- me smelling the spray as I'm like watching aII the Page 130 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 220 of 321 Page ID #:3475 I and you would complete them? A 2 3 No, it would mean a practitioner whichever for it. O 4 When it says "the established referral 1s that referring 6 you adding people to the provider list? 7 A Is that on the same number, B O Same 9 A Yes. 10 O When number, yeah. you were in 2 Charlie during the use of the vj-deo, did you think detainees force that we saw L2 had been hurt duri-ng that use of force? l-n Lacks foundation, calls for MS. T]SHKOFF: speculation, overbroad and vague. If you formulated the opinion at that time, 15 1,6 about B? 11 13 process, " to what we discuss t.he earlier 5 1,4 or a provider of You can go ahead and answer. THE WITNESS: 1,1 1B time. 1,9 BY MS. I didn't have an opinion at that SWEETSER: to the floor? 20 a Did you see any detainees falling 21" A No. 22 O Did you form any opinions about whether the z5 detainees were in pain when they were being escorted 24 out 25 ? A No, that would be me sPeculating. Page Veritext Legal Solutions 866 299-5127 1,31 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 221 of 321 Page ID #:3476 1" 2 3 Did you hear them making any sounds as they O escorted out? There was so much noise in that dorm as a whol-e. A 4 I couldn't differentiate q comrng from. anybody's or who noise 6 u Do you know if 1 A Not that I know of. B n Do you know if 9 A I don't 10 O Do you remember when you first 11 Nurse Ventress speaks Spanish? know. On a detainee? 1_3 O Yeah. when you did the medical check on any detainee after that? I6 MS. TISHKOFF: Are you talking about vital t7 or any kind of assessment? 10 JO BY MS. 21, a After the use of force occurred, do you know I4 20 performed medical check on a detainee on day? n 1,9 was Nurse Holmgren speaks Spanish? T2 15 were just A SWEETSER: Any kind of medical check, whether vital O signs signs, assessment, whatever you were an Once I started escorting the detainees from the 22 general population that were in t.he bunk areas out 23 they got 24 organized, then I started vital 25 in the rec yard. and again', once security cleared them and as signs on those detainees Page 138 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 222 of 321 Page ID #:3477 1, O 2 time? 3 A 4 Were the detainees being held at intake at that That's where they were, yeah, when they call-ed They me. were in a holding cell. j-t was your understanding that security needed to clear the detainees for you to see them; is that right ? n And B A Yes. 9 O Did she tell you on the phone they've 5 6 1 10 1,1, cleared, for you to come A Yeah. been now? She said that. securitY was completed with L2 whatever and asked if medical can come and do their 13 part. 14 15 O I said sure. And when she said she wanted the detainees to be cleared by medical, do you know what she meant by that? called the clearance. 16 A It's 1"1 O Is that restricted 1B A Yes L9 O And what type of clearance has to be done for the 20 2T 22 23 24 25 restricted A RHU housing unit? You have to perform vital health assessment and fill O housing uni-t? Is it different signs and do a general out the body incident sheet. from the assessment you would do after a use of force? A No. Page Veritext Legal Solutions 866 299-5127 1,44 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 223 of 321 Page ID #:3478 1 anybody involved in the incident. 2 of. That's afl I'm 3 O Would that incl-ude the officers 4 A Yes. 5 0 Besides referring 6 A a O 10 as well? the one detainee who lost who had lost a tooth you said 1 9 aware Mm-hmm. did you refer anyone else to an RN or other provider? A I call-ed west because of the contact with the So I spoke wlth, I believe, Dr. Madrano 11 spray. 12 (phonetic) in regards to what's the protocol required 13 after that. I4 O What did Dr. Madrano tell 15 A He instructed me to have all the detainees You? I6 transferred to west for a final- assessment t1 clearance. 1B 1,9 20 2L OC and O At the time you saw the detainees involved in the use of force do you know if they'd showered or not? A When I had seen them, flor they had not. O 22 shower? z3 A Did you instruct the officers to take them for f asked them if theY could shower. They told a me 24 that they were not abl-e to shower until transported to 25 west. Page 151 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 224 of 321 Page ID #:3479 1 A 2 u Yes. did you refer him to the RN? Verbally. So she was present at that time? Yeah, she was in medical. Okay. So let me back uP a bit. How 3 4 5 A 6 tt 1 A Okay. 8 O So you said that it was Officer Callwell that 9 called to have you clear the detaj-nees; is that right Yes. 10 11 L2 t.hey were in a holding cell near intake; And u that right in intake. were in intake in A They were L4 n They 15 right a holding cell; nn Yes. I1 I Did you go to that holding cell? 18 f1 Yes. 2I 22 z5 24 25 is that ? L6 20 l-s ? 13 I9 ? got to the holding cell, did you find that t.he pepper spray was still present in the air? A I don't recall. o Do you remember saying anything to the officers about clearing out the air in the cel-l? n No. I only asked her about the showering. Was Officer Callwell present when you arrived? O n When you Page 153 Veritext Legal Solutions 866 299-s127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 225 of 321 Page ID #:3480 2 report, if they lnquired trans fated that for me. 3 I documented it. 1 4 5 6 1 U 9 O any inj ury. And anybody And Callwell that had anything, Do you remember the detainees complaining about the pepper spray? A I remember one saying that he had it on his arms and that's when I asked about the shower. O Do you remember if any of the detainees were tearing at the time? 10 A No. 11 a No, you don't remember or oor they weren't? 1,2 A Nobody was. Nobody was in any acute distress. 13 O Do you remember about what. time in the morni-ng 14 this was? 15 A No. 1,6 O Do you remember about how long it had been since 1"1 1B 1,9 20 21" your shift A ended? A long time. I know I put the tj-mes on the paper, oD their body sheet. O Did you do any other kind of tests like urinalysis or any kind of diagnostic test on them? 22 A No. 23 O So you asked Officer Callwell about the shower? 24 A Mm-hmm. 25 O Dj-d she and you said she was was it Officer Page 156 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 226 of 321 Page ID #:3481 1, 2 Callwell who said that they need to go to west first or was it Dr. Madrano who said theY need to go to west? A 3 4 f or the showering portion, O Dr. Was that before or after you talked to Madrano? 1 A I don't remember. B O Did you 9 10 said that would occur at west. 5 6 No. Call-well , after you took their vitals what's the next thing you remember happening? A I went back to medical, rePorted it to my RN with 11 the findings that I had and I asked the oncoming I2 Peterson to please see the one detainee while I called 13 west for further instructions. T4 15 I6 n in the holding A 1,9 l1? I don't know when, though. on staff at that time ? A No. Do you remember a nurse practitioner 20 21, She did ce Peterson went to see the detainee Did you have any provider, nurse practitioner 1-1 1B Do you know if RN coming in Iater? 22 A No. ZJ O Okay. For the next porti-on of the deposition I'd 24 like to mark it confidential 25 through the medical records. 'cause we're gonna go Page Veritext Legal Solutions 866 299-5127 1"57 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 227 of 321 Page ID #:3482 CONFIDENTIAL 1 A No. 2 Q I'll show you Exhibit 9. 3 (Whereupon, Plaintiffs' Exhibit 9 was 4 marked for identification by the Court 5 Reporter and is attached hereto.) 6 MS. TISHKOFF: 7 Thank you. BY MS. SWEETSER: 8 Q Is this a document that has your handwriting on 10 A Yes. 11 Q Did you fill this out during or after an exam of 9 12 it? Anthony Reyes? 13 A Yes. 14 Q And I see you noted that he was having difficulty 15 breathing? 16 A Yes. 17 Q What do you remember about Officer Reyes that 18 day? 19 A I remember them coming through medical, and other 20 officers were assisting him 'cause he couldn't see. 21 he had very labored breathing and he just seemed in 22 distress and was like crying and screaming about his 23 eyes burning. 24 25 Q And Do you know what happened to Officer Reyes, who put him in this state? Page 171 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 228 of 321 Page ID #:3483 CONFIDENTIAL 1 A Well, per his statement when I did my assessment 2 was that he came in direct contact with the COC that was 3 sprayed. 4 5 6 Q And when you say "direct contact," you mean it was sprayed directly on him? A Direct contact would mean that he actually came 7 in contact. 8 not, I could not say. 9 10 Q Whether it was directly directed at him or Do you know if he got the spray on him during the use of force? 11 A That's what was stated to me. 12 Q Do you know if he got it from touching the 13 detainees? 14 A I have no idea. 15 Q Did you refer him to someone else? 16 A Once we find anything abnormal they have to 17 actually go out through GEO's evaluators. 18 he was assisted to go to an off-site clinic. 19 Q So from there Did he have any abnormal findings with his vital 20 signs or was it the difficulty breathing that you found 21 needed referral? 22 A The difficulty breathing and the direct contact 23 with the spray being on him. 24 was a policy for him to be evaluated further. 25 Q From my understanding, it Did you -- at the time of this assessment did you Page 172 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 229 of 321 Page ID #:3484 CONFIDENTIAL 1 provide him with anything like, I don't know, a towel or 2 some way to wash himself? 3 A Cold water. 4 Q Did you advise him that he needed to wash in cold 5 6 water? A Yeah. I, with the other officers, escorted him 7 into the medical triage room with the eye washing 8 station, just ran cold water through his -- over his 9 eyes. 10 Q Where's the eye washing station located? 11 A They are connected to all of our sinks in 12 medical. 13 Q Are they in the satellite rooms as well? 14 A Yes. 15 Q Is there a medical room in intake? 16 A Yes. 17 Q Does that have an eye washing station? 18 A I believe so. 19 Q And is the eye washing station just -- can you 20 21 describe for me how it works? A It's just a part of the actual faucet. It's -- 22 you have your standard faucet, and from the portion 23 where the -- of the spigot where the water comes out you 24 actually have a switch or like a bevel that you can pull 25 or push which has like, I don't know, two trunks or Page 173 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 230 of 321 Page ID #:3485 CONFIDENTIAL 1 A No. 2 Q What did Officer Callwell say when you asked her 3 4 5 6 7 about the change of clothes? A She told me all of that happens at west because the intake at east is for female detainees only. Q Do you know if there were showers for male detainees in east facility? 8 A Say that one more time. 9 Q Do you know if there were showers for male 10 detainees in east facility? 11 A For male? 12 Q Mm-hmm. 13 A I just now that there are showers in the intake 14 area. 15 That's not my department. 16 Q I don't know who they're designated for or not. When you took Officer Reyes to the eye wash 17 station, about how long does the water need to run to 18 clear someone's eyes after they've been pepper sprayed? 19 20 21 22 A There's actually no specific time stated. You're supposed to run it till irritation ceases or goes away. Q Do you remember how long you ran it for Officer Reyes? 23 A I do not. 24 Q Did you do anything to relieve his difficulty 25 breathing? Page 175 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 231 of 321 Page ID #:3486 CONFIDENTIAL 1 A There really was nothing that you -- that I could 2 do because he was just what I would consider in distress 3 based off of the situation. 4 verbally coaching for him to relax and deep breathing 5 exercises. 6 Q So it was more just I'll show you Exhibit 10. 7 (Whereupon, Plaintiffs' Exhibit 10 was 8 marked for identification by the Court 9 Reporter and is attached hereto.) 10 BY MS. SWEETSER: 11 Q Does your handwriting appear on this Exhibit 10? 12 A Yes. 13 Q So I see for Mr. Burgos you did an exam, vital 14 signs; is that right? 15 A Yes. 16 Q And you said there's no injury to report; is that 17 right? 18 A Correct. 19 Q Did you do any inspection of his arms that you 20 remember? 21 A I just asked questions. 22 Q When he said his arms -- does this line reflect 23 24 25 that he said his arms were irritated? A Yeah. So he put his arms out, said his arms were irritated (indicating). Page 176 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 232 of 321 Page ID #:3487 CONFIDENTIAL 1 Q And did you visually inspect them? 2 A Yeah, I looked at them. 3 Q And you indicated on the bottom that the injury 4 They had redness. is non-reportable; is that right? 5 A Correct. 6 Q What does that mean? 7 A It means that there was no acute injury or 8 requirement to be seen on an urgent basis. 9 Q Did you notify any doctor at this time? 10 A No. 11 Q And I see you marked off -- next to "fighting," 12 you marked off "NA." 13 fighting? Does that mean that he wasn't 14 A Correct. 15 Q And it was the OC spray that was the reason for 16 your assessment? 17 A Yes. 18 Q Do you know when you put the 900 on the bottom -- 19 9:00 a.m. I imagine, right? 20 A Yes. 21 Q Was that the time that you were filling out these 22 forms or was it the time that you got there to see them, 23 do you remember? 24 25 A I do not remember. I believe it was an approximated time of when I saw them in intake. Page 177 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 233 of 321 Page ID #:3488 CONFIDENTIAL 1 discomfort. 2 body systems and I went back and reported to Peterson. 3 4 Q And then I continued with the rest of the Do you remember any -- him talking about any issue with his nose? 5 A No. 6 Q Do you remember observing anything abnormal about 7 his nose? 8 A No. 9 Q Did he only have the one crown missing? 10 A That's all he showed me. 11 12 13 14 15 16 17 I don't -- I don't know teeth. Q And when you say "no distress noted," what did you mean by that? A Meaning that he was breathing normal. He was not abnormal in his stature medically. Q And you said that Nurse Peterson saw him as well, right? 18 A Yes. 19 Q And I see she signed -- she signed the bottom of 20 this form; is that right? 21 A Correct. 22 Q So did you fill it out, then she signed it? 23 A I filled out my assessment and I turned it over 24 to her. 25 Q When it says "time, 9:55," would that indicate Page 205 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 234 of 321 Page ID #:3489 CONFIDENTIAL 1 2 3 4 5 6 the time that she saw him? A That's the time she wrote. That's not my handwriting. Q So which portion of this document is your handwriting, if you can -A The name, the date of birth, the detainee number, 7 date of incident, the time, location, that NA stated for 8 type of incident for fighting, "other, OC spray," under 9 "explanation" that is all my handwriting. 10 And from "point of injuries, head, face, chest, 11 back, arms, legs," all that information filled out is 12 from me. 13 14 15 16 17 18 19 20 21 22 Q And I circled "reportable." Okay. So her only handwriting on the form is on the bottom line where she signed it? A And where she X'd out the "no" for "notification to physician" and "Dr. Madrano" is her handwriting. Q Okay. So you didn't determine that it was necessary to notify the doctor, she determined that? A Correct. At that point I had to release it to a RN to further the assessment. Q Do you remember if you talked to Dr. Madrano about this detainee? 23 A I did. 24 Q Was that before or after Dr. Peterson saw him -- 25 I mean, Nurse Peterson saw him? Page 206 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 235 of 321 Page ID #:3490 EXHIBIT 22 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 236 of 321 Page ID #:3491 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 4 _____________________________ ) 5 OMAR ARNOLDO RIVERA MARTINEZ,) et al., ) 6 ) Plaintiffs, 7 ) ) vs. )No. 8 )5:18-cv-01125-R-GJS THE GEO GROUP, INC., et al., ) 9 ) Defendants. 10 ) _____________________________) 11 12 13 DEPOSITION OF RICHARD MEDRANO, M.D. 14 Ontario, California 15 Wednesday, July 10, 2019 16 17 18 19 20 21 22 Reported by: RENEE A. PACHECO, RPR, CLR 23 CSR No. 11564 24 Job No. 3433031 25 PAGES 1 - 123 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 237 of 321 Page ID #:3492 1 THE DEPONENT: Geo 92, yes. That's 2 documentation that he refused an X-ray. 3 BY MS. SWEETSER: 4 Q So besides Geo 50 that you just mentioned of 5 the 5th and then Geo 92, do you see any other records 6 regarding X-rays? 7 8 MS. TISHKOFF: talking about? 9 X-rays of the nose you're He already said he saw the chest X-ray. THE DEPONENT: So I'm looking at CCS49 and I 10 see that he has a nasal fracture. The only way we would 11 know that is if there was X-ray done. 12 MS. COLEMAN: What page? 13 THE DEPONENT: 49. 14 MS. TISHKOFF: 49. 15 THE DEPONENT: The reason for the appointment CCS49. 16 is with me and it's a nasal fracture follow-up. 17 did have an X-ray because we wouldn't have known that he 18 had a fracture of the nose unless we had an X-ray, so... 19 BY MS. SWEETSER: 20 21 22 Q So he Based on these records, did the X-ray take place on July 5th, 2017? A I don't know. 23 MS. TISHKOFF: Lacks foundation. 24 THE DEPONENT: I don't know when the X-ray took 25 place. Page 93 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 238 of 321 Page ID #:3493 EXHIBIT 23 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 239 of 321 Page ID #:3494 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS BARAHONA CORNEJO, as individuals, ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) CASE NO. 5:18-cv) 01125-R-GJS ) THE GEO GROUP, Inc., et al., ) ) Defendants. ) ____________________________________) WEBCAM DEPOSITION OF ISAAC ANTONIO LOPEZ CASTILLO Taken on Tuesday, July 23, 2019 Amber Pilson, CSR 13992 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 240 of 321 Page ID #:3495 1 Q. How do you know that? 2 A. Because we were segregated at the time. 3 4 5 We did not have access to a telephone. Q. You didn't have any access to a telephone during that time? 6 A. Yes, but only for -- for exclusive persons. 7 Q. People that were on your approved list to call? 8 A. Exactly. 9 Q. So did you call Telemundo and Univision after 10 you were out of segregated housing? 11 A. Exactly. 12 Q. How many times did you talk to Univision? 13 A. One time. 14 Q. Did you talk to them about the same things that 15 you talked to Telemundo about? 16 A. I was more detailed about it. 17 Q. What else did you tell Univision that you 18 didn't tell Telemundo? 19 A. More details about what had happened. 20 Q. Do you remember any of the details that you 21 reported to Univision? 22 A. Yes. 23 Q. Please, describe them. 24 A. Like all the numbers that they were blocking, 25 and that this was going to be the last time that I would 22 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 241 of 321 Page ID #:3496 1 be able to speak to them because they were also going to 2 block their phone number. 3 Q. Who was going to block the phone number? 4 A. The company that's in charge of blocking them. 5 Q. The company that's in charge of the phones? 6 A. I suppose so. 7 Q. And how did you know the number was going to be 8 9 10 blocked? A. Because any call that we would make to report what was going on, they would block it. 11 Q. 12 reporters? 13 A. No. 14 Q. Did you talk to any other news agencies other 15 Did you try to make a lot of calls to than Telemundo and Univision? 16 A. Not by telephone. 17 Q. Did you talk to them in any other way? 18 A. Yes. 19 Q. How? 20 A. They requested to interview us personally at 21 the detention facility. 22 Q. When you say "they," who do you mean? 23 A. The media. 24 Q. Any particular media? 25 A. Univision; Channel 6; there's another 23 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 242 of 321 Page ID #:3497 1 2 MS. COLEMAN: over there? 3 4 THE COURT REPORTER: THE INTERPRETER: MS. COLEMAN: 8 MS. TISHKOFF: Susan, if you could? 10 11 I've I apologize. I thought it was a question for the witness. 7 9 Yes, Counselor. marked them already. 5 6 Did you guys get some exhibits That's okay. Would you send them to me, Thanks. MS. COLEMAN: Oh, yeah. If I can find them in my e-mail here. 12 (A discussion was held off the record.) 13 MS. TISHKOFF: 14 Susan, that's okay. 15 16 Don't worry about it. MS. COLEMAN: No, I found them. I'm just trying to -- just trying to forward them. Hold on. 17 18 Well, if you can't find them, I think I'm going to have to move them from my trash first. 19 Okay. So I previously marked Exhibit 1, a 20 document that's numbered 01985, and it's the receipt for 21 handbooks. 22 (Exhibit 1 was marked for identification 23 and is attached hereto.) 24 25 BY MS. COLEMAN: Q. Is that your signature? 27 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 243 of 321 Page ID #:3498 1 A. Yes. 2 Q. Does that indicate you received a GEO handbook 3 and an ICE handbook? 4 MS. ALARCON: I'm just going to object that the 5 document speaks for itself and the client doesn't 6 speak -- doesn't read English. 7 BY MS. COLEMAN: 8 Q. Is that your signature? 9 A. Yes. 10 Q. Was there an answer? 11 12 THE INTERPRETER: Yes. The answer was "Yes." BY MS. COLEMAN: 13 Q. Did they have handbooks in Spanish too? 14 A. I don't recall. 15 Q. Did you ask for a handbook in Spanish? 16 A. Yes. 17 Q. And what was the answer? 18 A. They never gave me one. 19 Q. Did you read anyone else's handbook in Spanish? 20 A. No. 21 Q. Did you see anyone with a Spanish manual? 22 A. No. 23 Q. And showing you what's been marked as 24 Exhibit 2, it's No. 01981, that document concerns 25 three-way calls being prohibited. 28 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 244 of 321 Page ID #:3499 1 A. Okay. Well, speak to the agents from ICE and 2 speak to someone in charge of GEO because we wanted to go 3 over the complaints that we had. 4 Q. 5 your group? 6 A. Yes. 7 Q. Did you plan to write a story or do a news 8 And that was you and the other eight people in report on these issues? 9 A. No. 10 Q. Whose idea was the strike? 11 A. Everyone's. 12 Q. Did you all meet together to talk about it? 13 A. Yes. 14 Q. When? 15 A. I think that was planned one week before the 16 hunger strike. 17 Q. Where did you meet? 18 A. At the dining room. 19 Q. And was that all nine of you that met? 20 A. Yes. 21 Q. How did you know the other eight? 22 A. Okay. During the course of being transferred 23 from Otay Mesa to Adelanto, that's where we met, but we 24 had already seen each other before. 25 Q. You were all transferred from Otay Mesa to 63 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 245 of 321 Page ID #:3500 1 A. Yes. 2 Q. Did you tell any of the officers why you 3 weren't going back to your bunk? 4 A. Yes. 5 Q. How many officers did you tell? 6 A. The one that was at the podium. 7 Q. Who was at the podium? 8 A. I don't know. 9 Q. Was it someone that spoke Spanish? 10 A. No. 11 Q. Did you -- were the two officers that spoke 12 Spanish there that day? 13 A. No. 14 Q. Did any of the detainees speak English? 15 A. Not talk -- not speak it, really, no. 16 You mean from the group or? 17 Q. Yes, from your group. 18 A. Not fluently, no. 19 Q. Did anyone from your group of nine speak enough 20 English to talk to the officer at the podium? 21 A. We tried, yes. 22 Q. Who tried? 23 A. Marvin Grande. 24 Q. Did you go to the podium too? 25 A. Yes. 72 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 246 of 321 Page ID #:3501 1 Q. Why did you go to the podium? 2 A. I went to drop off the letter that indicated 3 that we were starting the peaceful hunger strike and that 4 we wanted to talk with the ICE agents and with GEO. 5 Q. And with GEO? 6 A. Yes. 7 Q. Was the letter in English or Spanish? 8 A. In Spanish. 9 Q. But the officer at the podium didn't speak 10 English -- didn't speak Spanish? 11 A. He spoke English not Spanish. 12 Q. So he probably couldn't read the letter you 13 gave him; right? 14 15 MS. ALARCON: Calls for speculation. 16 17 Objection. You can answer. BY MS. COLEMAN: 18 Q. You can answer. 19 A. Yes. 20 Q. Do you know what's marked as Exhibit 5 there? 21 A. Yes. 22 (Exhibit 5 was marked for identification 23 and is attached hereto.) 24 25 BY MS. COLEMAN: Q. It's labeled P000199 and P000200? 73 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 247 of 321 Page ID #:3502 1 A. Yes. 2 Q. Is that the letter you gave to the officer? 3 A. No. 4 Q. Do you recognize this -- 5 A. This is the last one that we gave them because 6 there was two -- two given to them. 7 Q. When -- when was this one given to staff? 8 A. This was the second one given to them. 9 Q. On the same day? 10 A. Yes. 11 Q. What was the first one given to them? 12 A. At the beginning of the strike. 13 Q. When did the strike start? 14 A. On the 12th. 15 Q. And the letter we marked as Exhibit 5, when was 16 that given to them? 17 18 A. This was given to them a few minutes after the first one was given to them. 19 Q. A few minutes after? 20 A. Yes. 21 Q. What was on the first letter? 22 A. On the first letter, we were informing them 23 that we were starting a hunger strike, peaceful, and we 24 were requesting to speak with ICE, with GEO, and that's 25 all. 74 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 248 of 321 Page ID #:3503 1 Q. Did you -- did the letter that was given to the 2 officer at the podium say anything about why you weren't 3 going back to your bunk? 4 A. Yes. 5 Q. And what did it say about why you were 6 7 8 9 10 remaining at the table? A. Because we wanted to speak to the agents which I mentioned previously. Q. So the letter said you would stay at the table until ICE and GEO officials came to speak to you? 11 A. Yes. 12 Q. And was that information in Spanish? 13 A. Yes. 14 Q. And it was given to the officer who spoke 15 16 17 English? A. Yes, but there was someone that helped us translate it. 18 Q. Who helped you translate? 19 A. I don't know the name, but it was another 20 inmate. 21 Q. Can you describe that person? 22 A. I don't remember them anymore. 23 Q. Where were they from? 24 A. I don't know. 25 Q. And could you understand what the detainee told 75 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 249 of 321 Page ID #:3504 1 the officer? 2 A. No, because I don't speak English. 3 Q. So you heard the information given to the 4 detainee for translation in Spanish; right? 5 A. Yes. 6 Q. But you didn't hear or understand enough 7 English to know whether he actually translated it? 8 A. I did hear it, but I couldn't understand it. 9 Q. So you don't know if he translated everything 10 or if he translated it correctly? 11 A. Exactly. 12 Q. And the letter that we marked as Exhibit 5, who 13 wrote that? 14 THE WITNESS: This one? 15 MS. ALARCON: Yes. 16 THE WITNESS: Luis. 17 BY MS. COLEMAN: 18 Q. When was it written? 19 A. I don't remember. 20 Q. Was it written during the meeting a week 21 earlier? 22 A. I don't recall. 23 Q. Did -- did you and the others discuss trying to 24 25 get a note written in English? A. No. 76 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 250 of 321 Page ID #:3505 1 Q. And you understood that was an order; right? 2 A. Yes. 3 Q. And you chose to ignore that order; correct? 4 A. Yes. 5 Q. What happened next? 6 A. I got out from the table, and I took the first 7 letter to the officer. 8 could try to explain a little bit of what was happening. 9 I went back to the table, and then Marvin asked me for 10 Then I called Marvin Grande so he the second letter, which is Exhibit 5. 11 I got up again. I took Exhibit 5, and I went 12 back to my chair. Then the other inmate got there to 13 help us translate, and I went back to hear what they were 14 talking about. 15 Q. You went back to the podium to hear them? 16 A. Yes. 17 Q. What happened after that? 18 A. Well, all of us, Marvin and I -- Marvin Grande 19 and I went back to the table, and the other inmate went 20 back to his bed. 21 Q. Then what happened? 22 A. A few minutes went by, and some officers got 23 there along with someone that was wearing white, and he 24 got there, and, in a threatening matter, he was yelling 25 at us, and he had the pepper spray in his hand. 79 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 251 of 321 Page ID #:3506 1 2 Q. Was it a male or a female that was yelling at you with pepper spray? 3 A. It was a woman. 4 Q. Was she a supervisor? 5 A. Yes. 6 Q. What was she yelling? 7 A. I don't know. 8 Q. You didn't understand any of the words? 9 A. No. 10 Q. Did she say anything about count? 11 A. No. 12 Q. Did she point towards the beds? 13 A. Yes. 14 Q. And what did you understand from her pointing 15 It was English. towards the beds? 16 A. To go back to the beds. 17 Q. You understood she was ordering you back to the 18 beds? 19 A. Yes. 20 Q. And did you understand from her holding the 21 bottle of pepper spray while she was pointing towards the 22 beds that you might be pepper sprayed if you did not 23 respond to the bed? 24 25 MS. ALARCON: Objection. Calls for speculation; assumes facts. 80 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 252 of 321 Page ID #:3507 1 BY MS. COLEMAN: 2 Q. You can answer. 3 A. Yes. 4 Q. How many officers responded? 5 A. I don't understand. 6 Q. You described one lady in a white shirt at the 7 table. 8 A. Mm-hmm. 9 Q. Were there any other staff there? 10 A. Yes. 11 Q. How many? 12 A. I don't know. 13 Q. Can you estimate? 14 A. No. 15 Q. Did any of those other people yell commands? 16 A. No. 17 Q. She was the only one yelling things? 18 A. Yes. 19 Q. What were the other people doing? 20 A. They were just waiting for her order. 21 Q. They were just standing there? 22 A. Yes. 23 Q. What were the detainees that were not sitting 24 25 Only her. at the tables doing at that time? A. I honestly don't know because I couldn't see 81 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 253 of 321 Page ID #:3508 1 them. 2 Q. Could you hear them yelling? 3 A. Not before the abuse, no. 4 Q. You couldn't hear detainees yelling anything 5 before you were pepper sprayed? 6 A. No. 7 Q. Could you see the other detainees standing up 8 9 before you were pepper sprayed? A. 10 11 MS. ALARCON: Objection. Lacks foundation; assumes facts. 12 13 No -- You can answer. BY MS. COLEMAN: 14 Q. You can answer. 15 A. No, because my back was towards -- was towards 16 17 them. Q. 18 19 20 So what was the next thing that happened? You described the supervisor holding the pepper spray can up. A. What happened next? One of the agents got near, and he talked to us 21 in Spanish, and he told us that they did not want to do 22 that, and if we understood that. 23 Q. They did not want to do what? 24 A. What we were doing, the strike and for us -- 25 and us being there. 82 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 254 of 321 Page ID #:3509 1 Q. The agent said they did not want you to strike? 2 A. No. 3 Q. What did the agent say? 4 A. He was referring to us, "You don't want to do 5 this." 6 7 8 Do you understand? Q. So he said, "You don't want to do this hunger strike"? 9 MS. ALARCON: 10 testimony. 11 BY MS. COLEMAN: 12 No, that we did not want to do that. Q. Objection. Misstates his Well, did you understand him to be referring to 13 the hunger strike or staying at the table and not 14 returning to your bed for count? 15 16 A. What I said is that he was trying to tell us -- how can I explain it? 17 I understood it like this, as a warning: If 18 you do this, you know it's going to be bad for you. That 19 is what he told us, "You know you guys don't want to do 20 this." 21 Q. And did you understand him to be referring to 22 you staying at the table and not returning to your bed or 23 the hunger strike? 24 25 MS. ALARCON: I don't think that was a complete translation. 83 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 255 of 321 Page ID #:3510 1 THE INTERPRETER: 2 question? 3 BY MS. COLEMAN: 4 5 Q. Can you rephrase the Do you know whether the agent was referring to you staying at the table or not eating? 6 A. I don't know. 7 Q. But you knew, if you went back to your bed, you 8 wouldn't be pepper sprayed; right? 9 A. Mm-hmm. 10 Q. Is that a "Yes"? 11 A. "Yes." 12 Q. And you chose to stay at the table even knowing 13 Yes. that; right? 14 A. Yes. 15 Q. Did you have any further discussion with the 16 Spanish-speaking agent? 17 A. No. 18 Q. When he said, "If you do this, it will be bad 19 for you," did you -- did you or any of the others 20 respond? 21 A. I answered. 22 Q. You answered? 23 A. Yes. 24 Q. What did you answer? 25 A. That I knew it. 84 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 256 of 321 Page ID #:3511 1 Q. You said yo sé? 2 A. Yes. 3 Q. And was there any further discussion? 4 A. Yes and no. 5 Q. Can you explain? 6 A. I tried to explain to the officer what was 7 happening, but he refused to listen. 8 Q. What did you explain to him? 9 A. I told him I wanted to explain why we were 10 doing this, and he only said, "No. 11 know anything." No. I don't want to He turned, and he left. 12 Q. Then what happened next? 13 A. That's when the agent that was wearing white 14 starting yelling louder to us, and they started scuffling 15 with the other ones on the table that were there. 16 17 Q. The agent in white, what did she -- what was she yelling? 18 A. I don't know. 19 Q. Did anyone translate what she said? 20 A. No. 21 Q. Was she pointing? 22 A. No. 23 She would only hit with her pepper spray can like this. 24 Q. She hit the table with the pepper spray can? 25 A. On many occasions. 85 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 257 of 321 Page ID #:3512 1 Q. How many times? 2 A. I don't know. 3 Q. You said "many." 4 Was that more than two or three times? 5 A. Yes. 6 Q. What happened next? 7 A. Okay. Okay. And when they couldn't take us 8 apart because we were held together with our feets 9 crossed. There's some type of a tube that runs 10 underneath, so we were all linked together like a chain. 11 Since they were not able to take us apart, then she 12 started pepper spraying us. 13 14 15 16 Q. When did you and the other people in the group link your feet and arms together? A. When they started, like -- I'm sorry -- when they started scuffling with us. 17 Q. What do you mean by "scuffling"? 18 A. They were trying to pull us. 19 Q. Before anyone tried to pull you apart, did you 20 join arms with the others? 21 A. No. 22 Q. So when the officers started to try to pull you 23 24 25 It wasn't until they tried to pull us. apart, that's when you all joined arms and legs? A. Yes. MS. ALARCON: Objection. Misstates his 86 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 258 of 321 Page ID #:3513 1 testimony. 2 BY MS. COLEMAN: 3 Q. Did you have your legs joined with the other 4 detainees, or were your legs wrapped around something on 5 the table? 6 A. 7 8 that goes from the table. Q. 9 10 11 12 I only crossed my legs because there's a tube There's a what? THE INTERPRETER: "A tube." BY MS. COLEMAN: Q. Did you cross -- did you try to fasten your legs to the tube under the table? 13 A. Yes. 14 Q. And by linking arms and putting your legs 15 around the tube, you were trying to make it more 16 difficult for staff to remove you? 17 A. Yes. 18 Q. Why did you want to make it more difficult for 19 20 21 22 23 24 25 staff to pull you off the table? A. We simply wanted to get the attention from the officers that we had requested. Q. And why did you think making it difficult for them to remove you would get you more attention? A. I don't know. MS. ALARCON: Counsel, it's almost 1:30. 87 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 259 of 321 Page ID #:3514 1 Is this a good time to take a lunch break? 2 MS. COLEMAN: Sure. 3 MS. ALARCON: We would like one. 4 MS. COLEMAN: How much time -- go off the 5 If you'd like one. record. 6 (Lunch recess at 1:20 P.M.) 7 (Back on the record at 2:08 P.M.) 8 9 10 BY MS. COLEMAN: Q. Before we left, you said that the supervisor in a white shirt began pepper spraying you. 11 A. Yes. 12 Q. And that was after some officers had tried to 13 pull you and the others from the table? 14 A. Yes. 15 Q. How many officers were trying to pull you off 16 the table? 17 A. Two. 18 Q. And two officers tried to pull just you, 19 20 personally, off the table? A. There was a third one that was on the other 21 side of the table facing me, and she would put her nails 22 on the back of the ears. 23 Q. Back of your ears? 24 A. Yes. 25 Q. She was standing on the other side of the 88 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 260 of 321 Page ID #:3515 1 table? 2 A. Yes. 3 Q. How did the two officers try to pull you off 4 the table? 5 A. 6 One of them punched my ribs with a closed first around three times. 7 Q. Punched your ribs? 8 A. Yes. 9 Q. What did the other officer do? 10 A. He was pulling me. 11 (Whereupon the court reporter asks for 12 clarification.) 13 THE WITNESS: 14 Yes. BY MS. COLEMAN: 15 Q. How was he pulling you? 16 A. He was pulling me from my -- from the shirt and 17 from my arm, above all. 18 Q. From your arm and your shirt? 19 A. Yes. 20 Q. Which arm? 21 A. I don't recall which side it was. 22 Q. So one officer was pulling one of your arms, 23 and another officer was hitting you in the ribs? 24 A. Yes. 25 Q. Okay. What happened next? 89 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 261 of 321 Page ID #:3516 1 A. Well, at the end, the lady continued pepper 2 spraying all our body. 3 pepper sprayed me in my mouth. 4 separate us. 5 was close to the second floor. 6 of the areas that was close by the phones, and they 7 took -- they smashed my face up against one of the 8 windows that was by the phones. 9 10 Q. I yelled, "My eyes," and then she Then they were able to They took me to one of the railings that Then they took me to one Did anyone pepper spray you other than the woman wearing the white shirt? 11 A. No. 12 Q. How many times did she pepper spray you? 13 A. I don't remember. 14 Q. Where did she pepper spray you? 15 A. What part of my body? 16 Q. Yes. 17 A. On the head; on the face; on the mouth; and all 18 Only her. on my uniform, including on my private parts. 19 Q. Is there anyone she didn't spray you? 20 A. The feet. 21 Q. How many seconds did she pepper spray you? 22 23 MS. ALARCON: Objection. Calls for speculation. 24 Only if you know. 25 THE WITNESS: I don't remember. 90 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 262 of 321 Page ID #:3517 1 2 3 BY MS. COLEMAN: Q. So you don't remember how many times or how long? 4 A. No. 5 Q. Were you the only person that the woman pepper 6 sprayed? 7 MS. ALARCON: 8 speculation. 9 BY MS. COLEMAN: Objection. Calls for 10 Q. That you saw? 11 A. I could -- I just closed my eyes because I 12 13 14 15 couldn't take the burning from the pepper spray. Q. Did you see anyone else pepper sprayed before you were pepper sprayed? A. Yes. The ones on the table, it was four of 16 them, and then we were next. 17 eyes. 18 19 Q. That's when I closed my So you're saying the four people at the other table were sprayed before you? 20 A. Yes. 21 Q. Did you see anyone at your table pepper sprayed 22 before you? 23 A. Yes. 24 Q. Who? 25 A. The other ones, the ones that were on the other 91 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 263 of 321 Page ID #:3518 1 A. She used pressure. 2 Q. So you described that, after the pepper spray, 3 you were able to be pulled off the table; right? 4 5 8 9 Objection. THE WITNESS: Yes. Misstates his testimony. 6 7 MS. ALARCON: BY MS. COLEMAN: Q. And what happened immediately when you were pulled off the table? 10 A. They took me towards to where the rails are at. 11 Q. Were you walking? 12 A. No. 13 Q. How were they dragging you? 14 A. Like carrying me and pulling me. 15 Q. How many officers were carrying or pulling you? 16 A. Two. 17 Q. Was it one officer on each arm? 18 A. Yes. 19 Q. Were you handcuffed? 20 A. They handcuffed me once they took me towards 21 22 23 They were dragging me. the glass by the phone. Q. That's where they handcuffed me. When they took you to the rail, what -- did anything happen there? 24 A. I don't remember. 25 Q. Then, after you got to the rail, you said they 95 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 264 of 321 Page ID #:3519 1 took you towards the phone area? 2 A. Yes. 3 Q. Is that in the same building? 4 A. Yes. 5 Q. And what happened at the telephone area? 6 A. They threw me against the glass there, and they 7 hit my face against it. They held me there with pressure 8 while another officer handcuffed me. 9 outside. Then they took me 10 Q. Where did they take you outside? 11 A. Towards the yard. 12 Q. Was it still two officers escorting you? 13 A. At that moment I don't even know how many there 14 was. I just know that they kept throwing me up against 15 the wall. 16 Q. Outside or inside? 17 A. On the hallway going towards outside. 18 19 20 It's like a hallway, like an L shape. Q. So you said you were thrown up against the wall by the phones, and you hit your face? 21 A. Yes. 22 Q. And after you were brought out of the building, 23 on the way to go outside, how many times were you hit 24 against the wall? 25 A. It wasn't like directly against the face. It's 96 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 265 of 321 Page ID #:3520 1 2 Q. Were you thrown on the concrete more than one time outside? 3 A. No. 4 Q. Only one time? 5 A. Yeah. 6 Q. And where did you hit when you landed on the 7 concrete? 8 A. On the knee. 9 Q. Did that cause an injury to your knee? 10 A. Yes. 11 Q. How was your knee injured? 12 A. It scraped it, and there was some pain. 13 Q. Have you described everything that the officers 14 did to you during the incident on June 12th, 2017? 15 A. No. 16 Q. Okay. 17 A. Then they took us towards another area to a What else happened? 18 cell where I was sort of able to open my eyes, and the 19 crystal at the door said "three max." 20 Q. 21 22 I'm sorry. What? THE INTERPRETER: Which part did you miss, Counsel? 23 MS. COLEMAN: 24 court reporter can read it back. 25 Your last statement. Maybe the (The record was read by the Court 101 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 266 of 321 Page ID #:3521 1 Reporter as follows: 2 "A 3 three max.") 4 ...and the crystal at the door said BY MS. COLEMAN: 5 Q. The "crystal" at the door? 6 A. Yes. 7 THE INTERPRETER: 8 "To the glass." 9 MS. COLEMAN: 10 at the door. 12 BY MS. COLEMAN: 13 14 15 16 17 18 You said what? THE INTERPRETER: 11 Q. Counsel, may I clarify? "To the glass"? He was referring to the glass Can you explain what you're talking about? What said "three max"? A. It's the maximum amount of people that can be in the room. Q. According to some sign that you saw outside the door? 19 A. Yes. 20 Q. And how many people were put in the cell? 21 A. Nine. 22 Q. How many people were at those two tables that 23 refused to go back to their beds? 24 A. Nine. 25 Q. And happened in that cell? Anything? 102 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 267 of 321 Page ID #:3522 1 A. We were there for a while until an officer 2 arrived because the other people in the group and myself 3 also were asking to loosen the handcuffs because they 4 were very tight. 5 didn't want to see us because the pepper spray was still 6 very strong. 7 8 Q. Then the nurses arrived, and they How long did you wait for the officer to arrive? 9 A. I don't know. 10 Q. Can you estimate? 11 A. No. 12 Q. Half an hour? an hour? two hours? 13 A. I don't remember. 14 Q. Was there a sink inside the cell? 15 A. Yes. 16 Q. There was a bathroom in the cell? 17 A. Yes. 18 Q. Did you use the water in the sink to wash your 19 A. Q. When the officer arrived, did he or she loosen the handcuffs? 24 25 No because our hands were handcuffed on our back. 22 23 I think in the bathroom. face? 20 21 I don't remember. A. Yes, a little bit. They loosened them a little bit. 103 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 268 of 321 Page ID #:3523 1 Q. Did they take off the handcuffs? 2 A. No. 3 Q. Did the officer do anything else? 4 A. Not for a while. 5 Q. You said the nurses didn't want to see you 6 because the pepper spray was strong? 7 A. Yes. 8 Q. Were they speaking in Spanish? 9 A. No. 10 Q. How do you know they didn't want to see you 11 12 because of the pepper spray? A. Because when they tried to open the cell, they 13 felt the pepper spray very strong, and they went 14 backwards. They called an agent, and then they left. 15 Q. And that's what you observed even though you 16 didn't understand what they said? 17 A. Exactly. 18 Q. What happened next? 19 A. They took us to another cell, a bigger one 20 where more people could go in. 21 Q. Did they take your handcuffs off there? 22 A. No. 23 Q. What happened in the bigger cell? 24 A. The nurses arrived there, and they took our 25 blood pressure there, and they left again. 104 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 269 of 321 Page ID #:3524 1 Q. What happened next? 2 A. And, there, they took us one by one to the 3 showers, and they threw me in hot water, and with the hot 4 water, the pain intensified more. 5 take it. 6 Then they took me out, and they gave me another uniform, 7 an orange colored one, and that's where they removed the 8 handcuffs so that I could change, and then they 9 handcuffed me again, and they put me again in the cell. I told them I couldn't I was even throwing up from the pepper gas. 10 Q. The same cell? 11 A. The same cell. 12 Q. When you were put in the shower, you were in 13 your handcuffs and your uniform? 14 15 THE INTERPRETER: What was that last part? BY MS. COLEMAN: 16 Q. "And your uniform"? 17 A. Yes. 18 Q. Was the water hot or warm? 19 A. Hot. 20 Q. Was the uniform they gave you to change into 21 clean? 22 A. Yes. 23 Q. Did they also give you new underwear? 24 A. Yes. 25 Q. Did you have a towel to dry off with? 105 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 270 of 321 Page ID #:3525 1 A. Yes. 2 Q. Then how long were you in that same cell with 3 the eight other people? 4 A. I don't recall. 5 Q. At some point, were you brought to another 6 cell? 7 A. Only until they took us over to segregate us. 8 Q. Once you were put in segregated housing, did 9 10 you have a cell with -- by yourself or with one other person? 11 A. I was with another person. 12 Q. Who was that? 13 A. Mateo. 14 Q. And we've marked your medical report as an 15 exhibit too, Exhibit 6. 16 (Exhibit 6 was marked for identification 17 and is attached hereto.) 18 19 20 BY MS. COLEMAN: Q. This form indicates your blood pressure was 129 over 81? 21 A. Mm-hmm. 22 Q. Did they take your blood pressure? 23 A. Yes. 24 Q. Did they take your temperature? 25 A. No. They only took the blood pressure, and 106 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 271 of 321 Page ID #:3526 1 incident? 2 A. I don't recall. 3 Q. And do you know how many different officers 4 used force against you on June 12, 2017? 5 A. No. 6 Q. Did anyone explain to you that you were going 7 to be put in administrative segregation pending an 8 investigation? 9 A. The segregation officer told us that we were 10 going to be there for ten days, but they didn't say how 11 long the investigation was going to last. 12 Q. You were told you would be there for ten days? 13 A. Yes. 14 Q. Were you told why you were being put in 15 segregated housing? 16 A. No. 17 Q. Did you receive any discipline as a result of 18 the incident? 19 A. Yes. 20 Q. What was that? 21 A. Aside from the beating, they took us to 22 segregation. 23 Q. So the ten days of segregated housing? 24 A. Yes. 25 Q. Were you assigned a staff person to help you at 111 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 272 of 321 Page ID #:3527 1 a hearing? 2 A. Which hearing? 3 Q. Did you have a hearing where they considered if 4 you were involved in inciting a group incident? 5 A. I don't remember. 6 Q. Did anyone tell you it was against the rules at 7 Adelanto to engage in or incite a group demonstration? 8 A. No. 9 Q. And you said no one told you that the incident 10 11 12 was being investigated? A. Nobody told me -- I mean, nobody told me if it was being investigated or not. 13 Q. Did you provide any statement? 14 A. I don't recall. 15 Q. What was the name of your attorney while you 16 were at Adelanto? 17 A. Joseph/Joe, I think. 18 Q. Joseph? 19 A. "Joseph." 20 Q. What was his last name? 21 A. I don't remember. 22 "Joe." 23 Q. 24 25 Something like that. I think I remember it being How often did you speak to your attorney while you were at Adelanto? A. I don't remember. 112 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 273 of 321 Page ID #:3528 1 Q. That was an immigration attorney; right? 2 A. Yes. 3 Q. Did you ever have any problem getting in touch 4 with Joseph? 5 A. I don't remember. 6 Q. Did you have any problems calling anyone? 7 A. Yes. 8 Q. Who was that? 9 A. Many people, but among them, it was Ian, Alex 10 MAN-A-SEE [PHONETIC]. 11 Also with my mom, my brother, and my sister. 12 13 14 Q. I don't recall any other names. And what was the relationship that you had with Ian and Alex? A. It was more than friendship because they would 15 also support us a lot from the outside. 16 support us. 17 Q. 18 They would What was the problem you had in contacting people? 19 A. They would block my numbers. 20 Q. How long were some numbers blocked? 21 A. Since the time that they blocked them, they 22 23 24 25 never unblocked them. Q. When did they block -- when were the numbers blocked? A. I don't recall the dates. 113 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 274 of 321 Page ID #:3529 1 2 Q. Are there any other injuries that you think happened from the incident that we haven't talked about? 3 A. I don't remember. 4 Q. And have we discussed all the treatment you 5 sought for your injuries from the incident? 6 A. I don't remember. 7 Q. Do you still have any of the injuries you got 8 from the incident on June 12th, 2017? 9 A. Not physical. 10 Q. Do you have any emotional injuries? 11 A. Yes. 12 Q. What are your emotional injuries? 13 A. Many of them are, at least, for me, when I see 14 police officers in uniform, I tend to get very nervous, 15 sweat a lot, and my mind goes into thinking of the time 16 that I was detained there. 17 Q. 18 Your mind thinks of what? THE INTERPRETER: 19 detained there." 20 BY MS. COLEMAN: "Of the time that I was 21 Q. What else? 22 A. The other thing is I have nightmares regarding 23 the details. 24 Q. What are your nightmares about? 25 A. Like, when I was detained, when they gave us a 117 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 275 of 321 Page ID #:3530 1 beating, and I wake up very startled and drenched in 2 sweat. 3 Q. Anything else? 4 A. No. 5 Q. How often do you have nightmares? 6 A. Maybe two to three times every 15 days. 7 Q. Every how often? 8 9 THE INTERPRETER: "15 days," one-five. BY MS. COLEMAN: 10 Q. 11 afterwards? 12 A. Many of the times, no. 13 Q. Have you gone to any doctor or therapist about 14 And are you able to get back to sleep I'll lose my sleep. your emotional injuries? 15 A. No. 16 Q. In El Salvador, you said you were threatened by 17 police officers; right? 18 A. Yes. 19 Q. What kind of threats did they make to you? 20 21 MS. ALARCON: That's been asked and answered. BY MS. COLEMAN: 22 Q. What was the answer? 23 A. It was threats towards my family and my 24 physical aspect, death threats, on behalf of the police 25 and the gangs and also with physical abuse punches. 118 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 276 of 321 Page ID #:3531 1 A. No. 2 Q. Is that correct? 3 A. Yes. 4 Q. And you left Adelanto at the end of August 5 2017? 6 A. Yes. 7 Q. Are you working in Tijuana? 8 A. Yes. 9 Q. Where are you working? 10 A. At a hotel. 11 Q. What do you do at the hotel? 12 A. I'm the receptionist. 13 Q. At the Marriott? 14 A. No. 15 Q. You're in the Marriott right now; right? 16 A. Yes. 17 Q. Are you planning to go back to the U.S.? 18 A. Not illegally, no. 19 Q. Are you still waiting for asylum in the United 20 States? 21 A. No. 22 Q. Would you like to immigrate to the United 23 States? 24 25 MS. ALARCON: Objection. Asked and answered. // 120 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 277 of 321 Page ID #:3532 1 BY MS. COLEMAN: 2 Q. You can answer. 3 A. Not illegally, no. 4 Q. If you could do it legally, you would like to 5 go to the United States? 6 A. On a trip, yes. 7 Q. Not to -- you don't want to move there? 8 A. No. 9 Q. Why not? 10 A. Because not even in my country was I treated as 11 bad as they treated me in the United States. 12 committed any crimes. 13 and there, when I got there, they treated me worse than 14 trash when all I was trying to do was start a life. 15 Q. 16 17 18 I never I always stayed out of trouble, Only trying to do what? THE INTERPRETER: "To start my life." BY MS. COLEMAN: Q. And are you saying what happened to you at 19 Adelanto was worse than the police in El Salvador and the 20 MS13 gangs? 21 A. Yes. 22 Q. Why was it worse? 23 A. Because, there, it was physical, direct Of course. 24 aggression, and my rights were violated. When, in 25 El Salvador, it was threats, and, yes, there was some 121 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 278 of 321 Page ID #:3533 1 A. Yes. 2 Q. Was that to the media that you mentioned 3 earlier? 4 A. Yes. 5 Q. After your release from Adelanto, did you do 6 any other interviews with media? 7 A. No. 8 Q. Have you made any news reports about Adelanto 9 other than being interviewed? 10 THE INTERPRETER: 11 sorry. 12 BY MS. COLEMAN: 13 14 Q. Counsel, you know what, I'm Can you repeat the question? You mentioned, earlier, being -- I think you used the word live news or live reporting; right? 15 A. Yes. 16 Q. Have you done any live news or live reporting 17 about Adelanto? 18 A. No. 19 Q. Live journalism? 20 A. No. 21 Q. Do you have any hobbies? 22 A. Yes. 23 Q. What are they? 24 A. Music. 25 Q. Do you play music or listen to music? 123 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 279 of 321 Page ID #:3534 1 A. I'm a DJ. 2 Q. And you do that for yourself or for work in 3 I like it. Tijuana? 4 A. It's a hobby. 5 Q. Is there any other activities that you like to 7 A. No. 8 Q. Are there any hobbies or activities you could 6 9 do? do before the incident that you can't do anymore? 10 A. Yes. 11 Q. What? 12 A. Being able to walk or drive peacefully without 13 having fear of the police. 14 doing anything wrong, but just by looking at them, I'm 15 already very nervous, and, obviously, when a police 16 officer sees someone very nervous, it's going to get 17 their attention. 18 19 20 21 22 Q. Even though I know I'm not The officers at Adelanto, they're not police officers, are they? A. Of course, but we're talking about people that represent the law. Q. And the -- when the police officers threatened 23 you in El Salvador and hit you, that didn't make you 24 nervous about other officers? 25 A. No. In fact, I had an experience in Mexico in 124 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 280 of 321 Page ID #:3535 1 Isn't it true that at no time after the nurse 2 checked your vital signs that you sought any further 3 treatment for the effects of the pepper spray? 4 5 6 A. Okay. The vital signs, I don't recall. I remember that she took my blood pressure. Q. 7 Okay. Let me rephrase then. At no time -- isn't it true that at no time 8 after you spoke with the nurse on the day of the incident 9 that you sought any further treatment for the effects of 10 the pepper spray? 11 MS. ALARCON: Objection. Vague and ambiguous. 12 THE WITNESS: Up until what I recall, I asked 13 them over and over to give us an ointment for the burning 14 that I felt from the pepper spray. 15 exact dates and whether it was after or during 16 segregation because I don't remember. 17 BY MS. TISHKOFF: I can't give you 18 Q. Who did you ask? 19 A. To the agents and to the nurse when they took 20 us and we were still drenched in pepper spray when she 21 took our blood pressure. 22 Q. Okay. So my question was, after that time, 23 after the time that you spoke with the nurse and you were 24 drenched in pepper spray, you never sought any other 25 treatment for the effects of the pepper spray; isn't that 138 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 281 of 321 Page ID #:3536 1 questions? 2 MS. ALARCON: Yes. Okay. Just a few. 3 4 EXAMINATION 5 6 7 BY MS. ALARCON: Q. Isaac, when you gave the letter to the officer 8 informing him of the hunger strike inside the tables, 9 were you intending to cause a disruption? 10 A. 11 No. MS. COLEMAN: Objection; vague; lack of 12 foundation; calls for speculation. 13 BY MS. ALARCON: 14 Q. Did you just want to talk to someone in charge? 15 A. Yes. 16 Q. When the group of officers, including the 17 supervisor, arrived at the table you were at, did anyone 18 explain that they would bring someone to talk to you 19 about your complaints? 20 A. No. 21 Q. Do you remember that you testified earlier that 22 an officer told the group, "You don't want to do this"? 23 A. What was the question? 24 Q. Do you remember testifying earlier today that 25 an officer told the nine of you, "You don't want to do 142 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 282 of 321 Page ID #:3537 1 this"? 2 A. Yes. 3 Q. And do you remember that you testified earlier 4 today that you tried to explain what you were doing in 5 that moment? 6 A. Yes. 7 Q. And what was that? 8 9 MS. TISHKOFF: I'm sorry. Can I have that whole question and answer back, please. 10 (The record was read by the Court 11 Reporter as follows: 12 "Q 13 testified earlier today that you tried to 14 explain what you were doing in that 15 moment? 16 "A 17 MS. TISHKOFF: 18 And do you remember that you Yes.") Okay. Thank you. BY MS. ALARCON: 19 Q. And what was that? 20 A. I wanted to explain to them that we were 21 starting a hunger strike and that we wanted to speak to 22 an ICE agent and with the person in charge of the GEO 23 group and that it was a peaceful strike. 24 25 Q. And did that officer say anything further to you? 143 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 283 of 321 Page ID #:3538 1 2 A. anything. 3 4 Q. No. He only said that he didn't want to hear He turned, and he left. At that moment, did the supervisor have her pepper spray can out? 5 A. Since she got there, she had it in her hand. 6 Q. And all of the officers were still surrounding 8 A. All of us. 9 Q. They surrounded all of you? 10 A. Yes. 11 Q. Did you feel like you could get up and return 7 12 you? to your bed in that moment? 13 A. No. 14 Q. And why is that? 15 A. I felt that if I made any movement I was going 16 to provoke everyone to jump on me like if I had provoked 17 violence, and the last thing we wanted to do was provoke 18 violence because it was something peaceful. 19 MS. ALARCON: I have no more questions. 20 MS. COLEMAN: Can we do the same stipulation or 21 do we need to spell it out? 22 THE WITNESS: Same stipulation is fine. 23 MS. COLEMAN: Do we have the same court 24 25 reporter as we had before? MS. ALARCON: Yes. 144 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 284 of 321 Page ID #:3539 EXHIBIT 25 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 285 of 321 Page ID #:3540 ORIGINAL UN]TED STATES DISTRICT COURT CENTRAL DISTRICT OF CAL]FORNIA OMAR ARNOLDO RIVERA MART]NEZ' ]SAAC ANTONIO LOPEZ CASTTLLO; JOSUE VLADIM]R CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS; MARVII\T JOSUE GRANDE RODRIGUEZ ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PENA BARAHONA GARCIA; JUL]O CESAR CORNEJO, as individual-s Plaintiffs, CASE NO. 5:18-cv-01125-R-GJS THE GEO GROUP, INC. , A corporation,'the Florida CITY OF ADELANTO, a municiPal entit.y; GEO LIEUTENANT DURAN / sued in her individual capacity; GEO LIEUTENANT DIAZ, sued in her individual capacity; GEO SERGEANT CAMPOS, sued in his individual- capacity; SARAH JONES, sued in her individual capacity; THE UNITED STATES OF AMERICA, and DOES 1-10, individuals, De DEPOSTT TON fendant s OF JULIO C ESAR TAKEN BARAHONA CORNE JO ON MONDAY, JUNE 10, 2ors Nonmnru R.BpoRrpo sv: Scnnu- & AssoclATEs CEnri[ied Shonrhnlld Re ponrrns 1055 Wilshire Blvd., Suite 1503 Los Angeles, CA 90017 (800) 734-8838 (213) 481-3636 Fax KIMBERLY E. LEP]NS, CSR NO. 9592, Orange County . Inland Empire . San RPR e-mail: SchallDepo@aol.com www.SchallCourtReportels, com Diego County o Ventura County ' Temecula Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 286 of 321 Page ID #:3541 1 charge of the place, and that we wanted to explain 2 everything that was going on in the detention center. 3 Q. What was the biggest thing that you wanted to 4 talk about? 5 A. Well, the main thing was -- I believe it was 6 the bail, and also because there was some of those 7 officers there that were not treating us well. 8 9 Q. And how were the officers not treating you A. That sometimes some of them, we would ask them well? 10 11 for something, and then they would tell us that they did 12 not speak Spanish. 13 someone else coming to them speaking Spanish. 14 would answer them in Spanish, and yes, they would make 15 us feel bad because of the fact that, yes, we did not 16 speak any English. And maybe later on, we would see Then they 17 Q. Any other mistreatment from the officers? 18 A. Just the issue with the pepper spray on the day 19 of the incident. 20 Q. 21 at Adelanto? 22 A. 23 Do you have any problems with church services No. MS. STROTTMAN: 24 // 25 // I'll mark this as Exhibit 3. 36 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 287 of 321 Page ID #:3542 1 2 3 BY MS. STROTTMAN: Q. Do you allege that on June 12th, 2017, you went on a hunger strike? 4 A. Yes, we did. We went into a hunger strike. 5 Q. Was June 12 the first day of that strike? 6 A. Yes. 7 Q. Whose idea was the hunger strike? 8 A. We all participated. 9 Q. But do you remember whose idea it was? 10 A. No. 11 Q. What was your goal for the hunger strike? 12 A. That they would listen to us or hear us out; 13 that they would have a solution in regards to the 14 problems that we were facing. 15 intention was to do it by force. 16 speak and we wanted to be heard; that's all. But at no time our We just wanted to 17 Q. Was this your first hunger strike? 18 A. Yes. 19 Q. Do you know if anyone else in the group had 20 participated in one before? 21 A. No, I don't know. 22 Q. So when you went to breakfast that morning, did 23 you take a tray of food? 24 A. No, I don't remember having taken one. 25 Q. Did you tell anyone that you were going on a 41 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 288 of 321 Page ID #:3543 1 your strike? 2 A. No, no, because it was a personal decision. 3 The ones that wanted to participate could -- could 4 participate and the ones that didn't, they didn't have 5 to. 6 7 8 9 Q. But did you ever try to inform more people that you were going on a hunger strike? A. Some of them knew, but like I said, it was a personal decision. 10 Q. How long were you planning not to eat? 11 A. It wasn't something that we planned. It was -- 12 we were just going day by day. Our main objective more 13 than anything was to be heard. I believe it was our 14 main objective in regards to the strike. 15 16 17 18 19 20 21 22 23 24 25 Q. Why did you decide to stay at the tables instead of go back to your bed? A. We wanted -- we wanted them to give us attention so that we could explain to them the issues. Q. Typically after breakfast, how much time do you have before you go back to your bed for count? A. I don't know the specific time. I wouldn't be able to tell you. Q. But you knew after breakfast you were supposed to go back to your bed for count? MS. SWEETSER: Objection, lacks foundation. 45 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 289 of 321 Page ID #:3544 1 what we would do. 2 3 Q. When you stayed at the table after breakfast, do you know what the other inmates were doing? 4 A. No, I was just sitting -- was just sitting at 5 the table. 6 see what the other ones were doing. 7 8 Q. I wasn't looking at to see -- or looking to Typically could you stay at the breakfast table after breakfast? 9 A. No, I don't remember. 10 Q. Did you -- the day of June 12th, did you think 11 that you could keep sitting at the table after 12 breakfast? 13 A. No, I -- I don't know. 14 Q. Was there anyone else in your group 15 participating in the strike who spoke English? 16 17 A. Marvin Grande, he understood, but it was just a little bit. 18 19 No. Q. Did anybody give you a verbal order to go back to your bunk? 20 A. Verbal like how? 21 Q. Did any officer tell you to go back to your A. A lady that got there, she -- she did not speak 22 23 bunk? 24 Spanish. We -- we would just hear that she would keep 25 talking in English, but I wouldn't be able to tell you 47 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 290 of 321 Page ID #:3545 1 what she was saying. 2 3 Q. else tell you that you needed to go back to your bunk? 4 5 A. As far as the officers, no, because the one that was there did not speak Spanish. 6 7 Before that woman came over, did -- did anyone Q. But you knew by sitting there that you were trying to get the officer's attention; is that correct? 8 A. We wanted to talk to them. 9 Q. Did you understand that you could be punished 10 for staying at the tables? 11 A. 12 13 I don't know. MS. SWEETSER: Would this be a good time for a break? 14 MS. STROTTMAN: 15 (A discussion was held off the record; 16 thereafter a lunch recess was taken and 17 the proceedings resumed at 1:39 p.m.) 18 MS. STROTTMAN: 19 Sure. Okay. BY MS. STROTTMAN: 20 Q. So I'm going to play the video of the incident, 21 and I'm going to pause it at certain points to see if 22 you can help identify some individuals in the video. 23 you can just give your -- if you can identify someone, 24 just let me know, and if you can't, you can just let me 25 know. So 48 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 291 of 321 Page ID #:3546 1 if you did not go back to your bunks? 2 MS. SWEETSER: 3 THE WITNESS: 4 5 6 Same objection. I don't know. I did not know. BY MS. STROTTMAN: Q. Okay. Did you tell anyone else that you were nervous? 7 A. No. 8 Q. Did anyone else express any concerns about 9 10 11 12 13 participating in the hunger strike? A. own thing. Q. I don't know what they were feeling. Why did you decide to go on a hunger strike other than just giving them this list? 14 15 Well, I don't know because each one felt his MS. SWEETSER: Objection, asked and answered. BY MS. STROTTMAN: 16 Q. You can answer. 17 A. Well, I told you two times. 18 Q. What was -- what was your answer, then? 19 A. (Witness laughs.) 20 21 22 23 Would you ask the question again? Q. I said why did you go on a hunger strike rather than just give them this list? A. Because I wanted to speak to somebody in 24 regards to everything that was happening so there will 25 be a solution. 52 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 292 of 321 Page ID #:3547 1 2 Q. Couldn't you have just asked to speak with someone without going on a hunger strike? 3 A. No, because they would not mind us. 4 Q. Had you tried to specifically speak to them 5 before about these issues? 6 MS. SWEETSER: 7 THE WITNESS: 8 Objection, vague as to "you." Will you specify? BY MS. STROTTMAN: 9 Q. What do you need specification on? 10 A. To talk about everything that was happening or 12 Q. The things on the list. 13 A. Well, that in regards to the list, we put it 11 what? 14 together the night before, and the next day, we gave 15 it -- we delivered it. 16 Q. So my question is: 17 the list? 18 on a hunger strike? 19 20 A. Why didn't you just deliver Why did you also feel that you needed to go Because if we didn't, then it -- if we did not do that, then they would not give us any importance. 21 Q. So you wanted to get their attention? 22 A. Not the attention, but we just wanted to speak 23 to someone that would really listen to us, not an 24 officer because the officers would not take any 25 importance to what we would tell them. 53 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 293 of 321 Page ID #:3548 1 2 3 4 5 6 Q. Could you have just asked to speak to someone other than an officer? A. Like I said, they would not make that important. Q. Did you feel that you needed to cause a disruption to get someone's attention? 7 MS. SWEETSER: 8 THE INTERPRETER: 9 Objection. This is the interpreter. I take a minute to look for a word? 10 MS. STROTTMAN: 11 (There was a pause in the proceedings.) 12 THE INTERPRETER: 13 MS. SWEETSER: 14 Yeah. Okay. Objection, argumentative. BY MS. STROTTMAN: 15 Q. You can answer. 16 A. No, we were not causing any problems. 17 Q. Okay. So I'm going to keep playing this video. 18 Now this is -- let's see. 19 At 6:22:50, was -- do you remember Isaac 20 21 22 23 24 25 May Let me keep looking. talking back to the table? THE INTERPRETER: This is the interpreter. Isaac walking back? MS. STROTTMAN: Talking, speaking to them at the table. THE WITNESS: No, I don't remember. 54 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 294 of 321 Page ID #:3549 1 A. Yes. 2 Q. Did you understand anything that she was 3 saying? 4 A. No. 5 Q. Did anyone try to translate what she was saying 6 to you? 7 A. I don't remember because... 8 Q. Because why? 9 A. Because everything happened so quick, I don't 10 11 12 remember if someone spoke Spanish. Q. It happened fast. During this time, do you recall if the inmates who were by their bunks were saying anything? 13 A. At that point, not yet. 14 Q. Did they say anything at any point after that? 15 A. Yes, when they threw the pepper gas. 16 Q. When the officer in the white shirt came out, 17 did you think about going back to your bunk? 18 A. No. 19 Q. Why not? 20 A. Because I wanted to speak to somebody. 21 Q. You wanted to speak to ICE; is that correct? 22 23 24 MS. SWEETSER: Objection. Objection, misstates testimony. THE WITNESS: I'm sorry? 25 62 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 295 of 321 Page ID #:3550 1 BY MS. STROTTMAN: 2 Q. You wanted to speak to ICE; is that correct? 3 MS. SWEETSER: 4 THE WITNESS: 5 that. 6 BY MS. STROTTMAN: Same objection. I never -- at no time did I say 7 Q. Who did you want to speak to? 8 A. With someone who could help us with everything 9 that was happening. 10 Q. Did you have anyone particular in mind? 11 A. Someone -- a person whom we could speak to, a 12 13 14 sergeant. Q. I don't know. There were other officers who came to the table; is that correct? 15 A. Yes, more arrived. 16 Q. Do you remember what they said? 17 A. No, no. 18 Q. When the officers arrived at the table, did any 19 of the other detainees say anything to the officers? 20 A. No. 21 Q. Did you all say anything to each other when the 22 As far as I remember, no. officers came? 23 A. I don't remember. 24 Q. So what was going through your head when the 25 officers came to the table? 63 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 296 of 321 Page ID #:3551 1 A. Well, more than anything, I was nervous. 2 Q. Do you know if anyone asked for an interpreter? 3 A. No, I don't remember. 4 (Video being played.) 5 MS. STROTTMAN: 6 9 I'm going to fast-forward this video. 7 8 Okay. (Video being played.) BY MS. STROTTMAN: Q. So when the officer in the white shirt came 10 out, were you just waiting for someone to come speak to 11 you about your list? 12 A. 13 14 15 16 17 (Video being played.) BY MS. STROTTMAN: Q. 20 21 22 Do you know if anyone tried to explain to the officers that you were participating in a hunger strike? A. 18 19 Yes. I don't remember. (Video being played.) BY MS. STROTTMAN: Q. So it is now 6:38 a.m. Is it accurate that you started holding hands at this point? A. Because we saw that the other mate -- the other 23 mates started to yell. 24 MS. TISHKOFF: 25 THE INTERPRETER: I'm sorry, started to what? To yell. 64 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 297 of 321 Page ID #:3552 1 2 3 4 MS. TISHKOFF: Thank you. BY MS. STROTTMAN: Q. Are you talking about the inmates sitting at the other table or in other parts of the dorm? 5 A. Another table. 6 Q. What were they starting to yell? 7 A. Yelling from pain. 8 Q. Did you know what was going on? 9 A. No, no. 10 Q. So why did you -- why did you join hands with 11 12 other persons instead of leaving the area? A. Because I was able to hear the noise, like they 13 were going like this, like -- like they were pulling, 14 like this (indicating), and I heard stomping on the 15 floor, and while those noises were going on, they were 16 making the noise like if something were hurting. 17 18 Q. So what made you stay at the table rather than try to leave the area? 19 A. Well, we were waiting to speak. 20 Q. But were you afraid that if you stayed at the 21 table, something could happen to you? 22 A. I was afraid that I would get deported. 23 Q. If you stayed at the table? 24 A. Yes, that I would be punished. 25 Q. So why didn't you try to go back to your bed at 65 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 298 of 321 Page ID #:3553 1 Q. 2 before? 3 A. Where? 4 Q. Okay. 5 A. As far as I remember, no. 6 Q. Okay. 7 A. 9 Q. A. I don't remember. (Video being played.) BY MS. STROTTMAN: 16 Q. Okay. We are at 6:42 a.m. And there's an officer who's standing to your right. 18 19 Did anyone tell the officers that you wanted to speak to a superior at this point? 14 17 No. BY MS. STROTTMAN: 13 15 Before you came to Adelanto, had you (Video being played.) 11 12 We'll start with at Adelanto. ever participated in a protest before? 8 10 Had you ever done anything like a protest Do you remember if he tried to say anything to you? 20 A. No, I don't remember. 21 Q. Were the officers trying to pull you apart? 22 A. Yes, they were pulling us from the hands. 23 24 25 (Video being played.) BY MS. STROTTMAN: Q. And as they were pulling for you -- you from 68 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 299 of 321 Page ID #:3554 1 your hands, why -- do you know why they were doing that? 2 A. No, I don't know. 3 Q. Did you think about unlocking your hands? 4 A. No, no. 5 Q. Did you feel like you were disobeying their 6 orders at this point? 7 MS. SWEETSER: Objection, that assumes facts 8 not in evidence that there were orders. 9 BY MS. STROTTMAN: 10 Q. You can answer. 11 A. Will you be more specific as to the question? 12 Q. Did you feel like you were disobeying the 13 14 officers? A. 15 16 17 (Video being played.) BY MS. STROTTMAN: Q. 18 19 20 21 22 23 24 25 No, I don't know. Okay. So we are at 6:43 and 55 seconds. Do you recall officers trying to remove someone from the -- the table that you were sitting at? A. I don't know because I don't know the time that that was. Q. Okay. Did you believe that they were trying to remove you from sitting at the table? A. I don't know. (Video being played.) 69 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 300 of 321 Page ID #:3555 1 THE WITNESS: 2 MS. STROTTMAN: 3 (Recess taken.) 4 MS. STROTTMAN: 5 THE REPORTER: 6 7 May I take a break? Yeah. Ready? Yes. BY MS. STROTTMAN: Q. So you had said before when the officers first 8 used pepper spray, the other inmates were yelling; is 9 that correct? 10 A. Yes, they were telling them to stop. 11 Q. And after the inmates from the other table were 12 removed, did the inmates continue to yell anything? 13 A. No, I don't remember how much they yelled. 14 Q. Okay. 15 asking you what you remember. 16 17 It's hard to tell from the video so I'm Did you ever like lay on the table or like move up your whole body onto the table? 18 A. Yes. 19 Q. Okay. 20 A. Because the gas that -- 21 22 23 And why did you do that? THE INTERPRETER: Correction, interpreter's correction. THE WITNESS: The pepper spray was going on our 24 heads, and it was blocking our breathing. And we felt 25 like a very weird agony because we were not able to 70 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 301 of 321 Page ID #:3556 1 BY MS. STROTTMAN: 2 Q. 3 4 So I'm pausing at 6:46 a.m. Does this look like when they removed you from the table? 5 MS. SWEETSER: 6 (Video being played.) 7 Objection, vague as to remove. BY MS. STROTTMAN: 8 Q. 9 And we are at 6:46 and 51 seconds. Is that you sitting at the table there? 10 A. Yes. 11 Q. So were you sprayed by pepper spray? 12 A. Yes. 13 Q. Do you know who sprayed you? 14 A. Well, I don't know. 15 (indicating) with my eyes shut. 16 Q. 17 18 I was like this Okay. Did they give you any -- did the officers say anything before the pepper spray at 6:46 a.m.? 19 A. I don't remember. 20 Q. When they were trying to remove you from the 21 table, were you resisting them? 22 A. No. I was like this (indicating) the entire 23 time. 24 them or anything. 25 At no time did I raise my hands to try to hit MS. SWEETSER: For the record, he's indicating 72 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 302 of 321 Page ID #:3557 1 that he had his head down. 2 BY MS. STROTTMAN: 3 4 Q. But when they tried to remove you from the table, you tried to stay there; is that correct? 5 A. I just remained calm. 6 Q. But you -- 7 8 THE INTERPRETER: Interpreter correction. sorry. 9 MS. STROTTMAN: 10 Yeah. THE INTERPRETER: 11 correction: 12 BY MS. STROTTMAN: 13 Q. This is the interpreter's I just remained still. Okay. But when you -- or when they tried to 14 remove you from the table, you did not go with the 15 officers; is that correct? 16 A. 17 18 I remained sitting. (Video being played.) BY MS. STROTTMAN: 19 Q. 20 21 I'm So we're at 6:47 a.m. Did you fall to the ground at any point in time? 22 A. Yes. 23 Q. Okay. 24 ground? 25 A. What happened while you were on the When they were pulling me, when I first was 73 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 303 of 321 Page ID #:3558 1 sitting, they were hitting me with the edge of the 2 table, my abdomen part, and when they threw me down, 3 they were also hitting me with -- there was also an edge 4 of the table, and it made me bleed in the abdomen area. 5 And when I fell there, I hit my knee and my 6 shoulders because I fell like this (indicating) without 7 putting my hands. 8 9 I just remember that they pulled -- put my hands back like this (indicating), and they handcuffed 10 me. And then later on, they were pulling me like this 11 (indicating). 12 They were taking me like this (indicating) with 13 my hands in the back. 14 taking me from the feet and some from the hands. 15 And I remember that some were Q. You said that you were bleeding in the abdomen 17 A. Yes. 18 Q. Can -- did you notice right away that you were 16 19 area? bleeding? 20 A. No, until later on. 21 Q. Do you know how you started bleeding? 22 A. No, because I was feeling different pain in 23 different areas that I wasn't focusing in one specific 24 area. 25 Q. So you said you hit your knee on the ground; is 74 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 304 of 321 Page ID #:3559 1 that correct? 2 A. Yes. 3 Q. Do you know which knee it was? 4 A. The left one, this (indicating) one, the left 6 Q. And do you know which shoulder you hit? 7 A. No, I'm not sure. 8 Q. Okay. 5 one. 9 10 So you indicated you had injury to your abdomen, left knee, and shoulder? 11 A. Yes. 12 Q. Any other injuries while you were from -- while 13 14 15 you were at the table? A. The handcuffs, my wrists. tight and it was hurting this bone (indicating) here. 16 Q. Any other injuries? 17 A. No. 18 MS. SWEETSER: 19 MS. STROTTMAN: 20 23 24 25 Can we take a quick break? Can I just have a -- one follow-up question and then break. 21 22 They left them very MS. SWEETSER: Sure. BY MS. STROTTMAN: Q. Did you tell anyone that your handcuffs were too tight? A. Until afterwards when they took us to our room. 75 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 305 of 321 Page ID #:3560 1 A. I don't know. 2 Q. Where did they take you after that? 3 A. To a room. 4 Q. And what happened in that room? 5 A. They kept us for a little bit in that room, and 6 I remember that because there was much pain and we were 7 all screaming and yelling and crying because we couldn't 8 bear the burning pain from the pepper spray and the 9 agony that I was feeling that I wasn't able to breathe. 10 And I remember that I was yelling for 11 something, that they would give me something for the 12 pain, and I remember that my mates were telling me to 13 calm down. 14 And also a nurse arrived, and I remember that 15 she put something like -- she put something, and when 16 she did it started going beep, beep, beep, beep. 17 everybody -- everybody was telling me calm down, calm 18 down. 19 And And then she would grab me like telling me to 20 calm down, and I couldn't because the pain that I was 21 feeling was so intense, it -- I felt anguish. 22 trying to contain what I was feeling, but the pain that 23 I was feeling was a lot of pain. 24 pain. 25 I was I've never felt that And I was only saying to just help me, that I 77 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 306 of 321 Page ID #:3561 1 couldn't bear the pain, and they did not give me 2 anything to calm or lower the pain. 3 I remember that I was told to take a shower, 4 that that was going to calm down the pain, and I 5 remember that someone took me and they put me like in 6 the shower. 7 But at the -- at the moment when I was 8 showering, because they put me in like this, my head in 9 like this (indicating), where the -- where the 10 showerhead was, and I was telling them to stop because 11 only my head was in like this (indicating) and I was 12 having a hard time breathing. 13 14 And he wouldn't stop from keeping my head in like this (indicating), and I felt the water very hot. 15 And the pain that I was feeling at the very 16 beginning, when the -- I felt it even stronger, double 17 as much the pain when the water was coming down. 18 And I remember that when he took me back to the 19 room again, I -- I was -- I remember that there was a 20 bench, and I was bending down from the pain. 21 bear it. 22 calm down, calm down; it's going to pass. 23 couldn't because it was too much pain, what I was 24 feeling. 25 Q. I couldn't And everybody, they were telling me calm down, But I So you were examined by the nurse in the small 78 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 307 of 321 Page ID #:3562 1 how long were you in the room for? 2 A. No, I don't know. 3 Q. Do you know approximately? 4 A. I wouldn't be able to tell you. 5 Q. Do you recall what happened after you took a 6 shower? 7 A. 8 9 10 I remember that I was taken back to the room again. Q. Did you tell the officer that the shower was too hot? 11 A. Yes. 12 Q. Did they do anything? 13 A. No. 14 Q. How long were you in the shower for? 15 A. I wouldn't be able to tell you the time. 16 Q. Was there any -- were there any other detainees 17 with you in the shower? 18 A. No. 19 Q. Did you lose consciousness at any time in the 20 shower? 21 A. No. 22 Q. Did you see the officers take anyone else into 23 the shower? 24 A. No, I -- I wasn't able to see. 25 Q. You said people were telling you to calm down 80 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 308 of 321 Page ID #:3563 1 when you were in the small room? 2 A. Yes. 3 Q. Were those other detainees? 4 A. The same mates, the same mates that were 5 also -- that were also punished, the ones that -- with 6 the strike. 7 Q. 8 After you were in the shower this time, do you remember how many days until you took your next shower? 9 A. Oh, I don't remember how many. 10 Q. Did you avoid the shower after this incident? 11 A. Yes, because of the pain. 12 Q. But you don't recall how many days you avoided 13 the shower for? 14 A. Specifically, I don't know how many days. 15 Q. Other than the nurse who examined you, were you 16 examined by any other medical staff after this incident? 17 A. No, I don't remember. 18 Q. So after you were brought back into the small 19 20 room, what happened after that? A. A man came, I remember with the white shirt. 21 He was asking -- I don't know what he was asking another 22 officer, but it was in English. 23 24 25 Q. That's what I remember. Did they take you anywhere else after that, or where did they take you after the small room? A. They took me to -- there was another where they 81 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 309 of 321 Page ID #:3564 1 would put the -- where they would store clothes because 2 my clothes was -- had the pepper spray all over it, and 3 they gave me another one so that I wouldn't be wearing 4 the one with the pepper spray. 5 Q. Did they give you a full new uniform? 6 A. I don't remember if it was full -- the full Q. Were there any other detainees with you at this 7 8 9 10 11 one. point? A. Always the same ones, the ones that had gone in with the strike. 12 Q. And did the other detainees get new clothes? 13 A. I'm not sure. 14 Q. After you got the new clothes, where did they 15 take you after that? 16 A. They took me to another room, another room 17 nearby. 18 Q. What happened in that other room? 19 A. A man came over to ask us what happened. 20 Q. And was he speaking in Spanish? 21 A. I don't remember. 22 Q. Did you describe what happened? 23 A. Yes. 24 Q. What did you tell him? 25 A. Where it was hurting. 82 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 310 of 321 Page ID #:3565 1 Q. How long were you in this room? 2 A. I don't -- I don't remember the days. 3 Q. Are you referring to the administrative 4 segregation? 5 A. They would call it the hole. I heard that they 6 were calling it that way, and they were saying that it 7 was the punishment area. 8 9 10 11 12 13 Q. So when you were in the area called the hole, would officers come check on you? A. They would -- some would pass by, but they were not checking in regards to my pain. Q. Did you ever yell out for any help when you were in there? 14 A. Yes. 15 Q. What would happen? 16 A. Nothing. They would just say -- I would ask 17 them to give me some kind of cream for the pain, but 18 they never would take me anywhere. 19 Q. Did you have a disciplinary hearing? 20 A. I don't remember. 21 Q. Other than being in a separate housing unit, 22 did you have any other restrictions on you? 23 MS. SWEETSER: 24 THE WITNESS: Objection, vague. Would you specify? 25 86 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 311 of 321 Page ID #:3566 1 BY MS. STROTTMAN: 2 3 Q. Did you lose any privileges while you were in the hole? 4 A. I don't remember. 5 Q. Do you remember talking to a Officer Duran? 6 A. I don't remember the names. 7 Q. Okay. Do you remember talking to an officer 8 about the incident to determine whether you should be 9 punished or not? 10 11 A. A lady passed by. I remember she passed by, but I don't remember the name. 12 Q. Did you speak to her? 13 A. Yes. 14 Q. And what did you talk to her about? 15 A. In regards to that they had sprayed us on the 17 Q. What did she say to you? 18 A. That they were investigating to see if they 16 19 20 21 body. would punish us. Q. While you were in the hole, did you speak to any of the other detainees? 22 A. Only with Vladi. 23 Q. And what did you talk about? 24 A. Nothing, just things that had happened in our 25 It was along with him there. lives to have time pass. 87 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 312 of 321 Page ID #:3567 1 2 3 Q. your bond being too high while you were in the hole? A. 4 5 Do you remember talking to any officers about Yes, I remember I told. MS. STROTTMAN: I'm going to mark this as Exhibit -- 6 (A discussion was held off the record.) 7 MS. STROTTMAN: 8 (Deposition Exhibit 4 was marked for 9 identification and is attached 10 hereto.) 11 BY MS. STROTTMAN: 12 13 Q. This is Exhibit 4. Do you recall receiving this document, which is labeled 2431 and 2432? 14 A. No, I don't remember. 15 Q. On the second page, is that your signature on 16 the second page? 17 A. Yes. 18 Q. Is it possible that you received this document 19 which explains your rights at a disciplinary hearing? 20 A. Would you repeat the question? 21 Q. Is it possible that you received this document? 22 A. No, I don't know. 23 Q. Do you have any reason to believe that the 24 25 signature on the second page is not yours? A. No, it is mine. 88 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 313 of 321 Page ID #:3568 1 2 3 Q. Okay. And so this document has instructions in Spanish; is that correct? A. Yes, it is my signature, but honestly, I don't 4 remember that they -- the day when they gave me. 5 wouldn't be able to tell you. 6 Q. This I Do you remember a hearing in front of officers 7 where they were determining whether or not you would be 8 punished or not? 9 A. It's just that I don't remember about that. 10 Q. Do you remember receiving punishment for being 11 12 part of your protest on June 12th, 2017? A. 13 14 Will you ask the question again. MS. STROTTMAN: Sorry, could you repeat the question. 15 (Record read as follows: 16 "Do you remember receiving 17 punishment for being part of your 18 protest on June 12th, 2017?") 19 THE WITNESS: 20 from many of the other people. 21 BY MS. STROTTMAN: 22 23 Q. I was in a room that was isolated And you don't remember how long you were in this room? 24 A. No, I wouldn't able to tell you. 25 Q. But after you were in this isolation room, you 89 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 314 of 321 Page ID #:3569 1 2 Q. Did the officer tell you that individually or did he tell you that in a group? 3 A. In a group, the group that were on the strike. 4 Q. Did you have an immigration attorney while you 5 were at Adelanto? 6 A. Yes. 7 Q. What was your attorney's name? 8 A. Mona Lisa, but the last name is very 9 complicated. 10 Q. Any other attorneys? 11 A. Just her. 12 Q. Was she appointed by the court? 13 A. Yes, she -- she took my case. 14 Q. How frequently did you speak to your attorney? 15 A. I wouldn't be able to tell you how often. 16 Q. Prior to the incident, did you ever have 17 18 19 difficulty getting ahold of Mona Lisa? A. With some certain phone numbers, I wasn't able to make the call. They would get blocked. 20 Q. So this is before the incident? 21 A. No, after the incident. 22 Q. So what numbers do you claim were blocked after 23 the incident? 24 A. Some of -- that were some friends. 25 Q. Do you remember which friends' names? 94 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 315 of 321 Page ID #:3570 1 A. One that was called -- his name was Alex. 2 Q. Did Alex live in the United States? 3 A. Yes. 4 Q. And what were you calling him about? 5 A. Well, more than anything, something that had to 6 do with food. We didn't have money to eat because I 7 didn't have family that could help me. 8 Q. Is that Alex Mensing? 9 A. Yes. 10 Q. Okay. 11 A. No. 12 Q. Do you recall responding to discovery in this A. Would you be more specific? 13 14 15 16 17 And was he your immigration attorney? case? Because I didn't understand the question. Q. Did you get written questions -- do you remember responding to written questions in this case? 18 A. On what date? 19 Q. In February of this year. 20 A. And I answer those questions for who? 21 Q. The -- our office sent out questions. 22 23 MS. SWEETSER: Can we go off the record for one second. 24 (A discussion was held off the record.) 25 MS. STROTTMAN: Okay. We can go back on the 95 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 316 of 321 Page ID #:3571 1 A. I don't remember. 2 Q. And anyone else you had issues trying to call? 3 A. I don't remember who else. 4 Q. Do you remember what dates you believe your 5 phone calls were blocked? 6 A. No, no, I don't remember. 7 Q. Okay. 8 9 10 11 12 13 Can you explain to me why you thought the phone numbers were blocked? A. Because an operator would answer, and then after that, I couldn't hear anything else. Q. And you never had this problem before the incident? 14 A. No, I don't remember having -- having it. 15 Q. Were you using the same set of phones that you 16 used prior to the incident? 17 A. No, because I was in another room. 18 Q. Were you able to call anyone after the 19 incident? 20 A. I'm sorry? 21 Q. Were you able to call anyone after the 22 incident? 23 A. No, some -- some of them, no. 24 Q. Some of them, no, what does that mean? 25 A. That -- that some of them -- the one that I 97 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 317 of 321 Page ID #:3572 1 2 3 remember the most is Alex. Q. Okay. That's what I'm saying. But were you able to reach -- were you able to reach anyone else after the incident? 4 A. Yes, I spoke to some -- to other people. 5 Q. Do you recall who you were able to speak to? 6 A. With my wife. 7 Q. How did you know Alex? 8 A. Through Vladi. 9 Q. Was Alex part of an immigration group? 10 A. No, he helps immigrant people. 11 Q. Who's -- do you know what -- if he works for an 12 organization that helps immigrants? 13 A. Uh-huh, Pueblos sin Fronteras. 14 Q. And who's Esther? 15 A. She's also a friend. 16 Q. How did you meet Esther? 17 A. Through Alex. 18 Q. Is she who you consider a sponsor? 19 A. Uh, a friend, yes. 20 Q. Have you ever met her in person? 21 A. Yes. 22 Q. Did you know her before you came to Adelanto? 23 A. No. 24 Q. How many times did you meet Esther in person? 25 A. Many times. 98 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 318 of 321 Page ID #:3573 1 Q. Did she visit you after the incident? 2 A. I don't remember. 3 Q. Did you meet Alex in person after this 4 incident? 5 A. Yes, once I was out, I would see him. 6 Q. But while you were in Adelanto after the 7 8 9 10 incident, did you see him? A. I don't remember. I did see him, but I don't remember if it was before the incident or after the incident. 11 Q. 12 with anyone? 13 A. I don't remember if I did with anyone else. 14 Q. Did you speak to your wife about this incident? 15 A. I don't remember. 16 Q. You didn't tell your wife or you don't recall 17 So other than your wife, were you able to speak if you told your wife that you were pepper-sprayed? 18 A. No, I don't remember. 19 Q. Did you tell any other family or friends that 20 you had been pepper-sprayed? 21 A. Alex. 22 Q. Okay. 23 A. That they had pepper-sprayed us. 24 Q. Did you tell him what led to the pepper spray? 25 A. No, I don't remember everything I told him. And what did you tell Alex? 99 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 319 of 321 Page ID #:3574 1 Q. When you were having -- when you claim you were 2 having issues with the phone, did you file a complaint 3 with the facility? 4 A. I don't remember if I filed it. 5 Q. Were you ever able to speak to Alex on the 6 phone after the incident? 7 A. I don't remember. 8 Q. How much longer were you at Adelanto after the 9 incident? 10 A. No, I don't know. 11 Q. Did you continue to have problems with your 12 phone the entire time until you left? 13 A. Yes. 14 Q. You have to use a code before you make calls; 15 is that correct? 16 A. Yes. 17 Q. Did you ever ask for a new code? 18 A. No, I don't remember. 19 Q. Do you remember doing anything to fix the -- 20 fix this problem? 21 A. I don't remember. 22 Q. How frequently did you speak to your wife 23 before the incident on the phone? 24 A. When I was there, she was still detained. 25 Q. Okay. But you spoke to her. Is it correct 100 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 320 of 321 Page ID #:3575 1 2 Q. like issues with your knee? 3 4 How frequently do you have knee injury -- or A. More than anything in the morning, when it's very cold, and when I go to the store, it hurts. 5 Q. Are you claiming any emotional injuries in this 7 A. Yes, because what I lived there, I will never 8 forget. 9 friends, seeing them crying, and that they put pepper 6 case? I will never forget seeing the faces of my 10 spray on me. 11 country. 12 I think back of that moment. 13 I had never lived that, not even in my All of that, I don't know how I feel whenever To remember that, every time I think about it, 14 I remember that they would cry and -- and you felt 15 helpless because we couldn't really do anything, anyone 16 there, and I believe it was a very difficult time in my 17 life. 18 19 Q. you didn't even see in your own country. 20 21 You said that pepper spray is something that Are you claiming that this incident was more traumatizing than what you saw in El Salvador? 22 MS. SWEETSER: 23 vague. 24 BY MS. STROTTMAN: 25 Q. Objection, argumentative and You can answer. 111 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-3 Filed 11/26/19 Page 321 of 321 Page ID #:3576 REPORTER ' T, S CERTIFTCAT E E. LEprNS, certlfied shorthand Reporter for the state of california, hereby certify, THAT the witness in the foregoing deposition was duly sworn by me to testify to the truth, the whole truth, and nothing but the truth; THAT said deposition was written by me in stenotype and was thereafter reduced to printed matter under my direction and supervision; KTMBERLy THAT the foregoing transcript is a true record of the testimony given by the witness and of all obj ections made at the time of the examination, to the best of my ability. I FURTHER CERTIFY LrldL LL-L l. am .l_n nO Way interested in the outcome of said action. rN WITNESS WHEREOF/ f have hereunto subscribed my hand this 19th day of .fune , 2OIg. KIMBERLY . LEPTNS Certified Shorthand Report e r Cert.i f icate No . gS92