Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 1 of 192 Page ID #:3577 EXHIBIT 26 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 2 of 192 Page ID #:3578 UNITED STATES DISTRICT COURT 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, ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. )CASE 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 SERGEANT CAMPOS, ) sued in his individual capacity; ) SARAH JONES, individual capacity; ) THE UNITED STATES OF AMERICA; and ) DOES 1-10, individuals ) ) Defendants. ) ____________________________________) DEPOSITION OF JOSE BLADIMIR CORTEZ DIAZ taken on Monday, June 17, 2019 JESSICA R. MUNOZ CSR 13823 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 3 of 192 Page ID #:3579 1 A No. 2 Q Do you remember what those papers were? 3 A No. 4 Q Did you attend an orientation session? 5 A No. 6 Q Were you given the uniform? 7 A Yes. 8 Q And were you given undergarments? 9 A Yes. 10 Q Do you remember receiving a handbook from the 11 We were just made to sign some papers. GEO Group? 12 A No. 13 Q Do you recall getting a handbook from 14 Immigrations and Custom Enforcement? 15 A 16 MS. STROTTMAN: 17 No. I'm going to hand you an exhibit that I'll mark as Exhibit 1. 18 (Exhibit 1 marked for identification and 19 is attached hereto.) 20 BY MS. STROTTMAN: 21 Q Do you recognize this document? 22 A Well, no. 23 With so many papers that I've signed, I don't know what all of these... 24 Q Okay. 25 the bottom? Does that look like your signature on 16 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 4 of 192 Page ID #:3580 1 A Yes, that's my signature. 2 Q And are those initials your initials? 3 A Yes. 4 Q Okay. 5 Does this refresh your memory as to whether you received a handbook? 6 A No. Because when we went in, we were nervous 7 from the trip, from the transfer. 8 was going on. 9 the table in front of us. 10 11 Q We just signed everything that was put on Do you remember if the documents you received were in English or Spanish? 12 MS. FLYNN: 13 THE WITNESS: 14 BY MS. STROTTMAN: 15 16 We didn't know what Q Objection. Vague. I don't remember. Do you recall watching a video when you arrived? 17 A No. 18 Q How many other people did you arrive with? 19 A There were about 12 to 15 people, 12 to 15 of Q Do you recall if the staff there mostly spoke 20 21 22 us. to you in English or Spanish? 23 A Normally they always speak English. 24 Q And how much of that did you understand? 25 A Practically nothing. Other fellow detainees 17 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 5 of 192 Page ID #:3581 1 2 Q On the day of the incident, was breakfast provided? 3 A We didn't take it. 4 Q What time was breakfast? 5 A Breakfast is between six and seven o'clock in 6 the morning. 7 Q And can you -- do you normally go eat breakfast 8 anytime during that time period, or was there a specific 9 time? 10 11 A The food just arrives, and they have us -- and they have us get in line in order to receive the food. 12 Q So did you get in line that day? 13 A No. 14 Q So instead of getting in line, what did you 16 A I went to go sit at the table. 17 Q And do you know what time that was? 18 A It was in between six and seven o'clock in the 15 do? 19 morning during that period of time. 20 what hour. 21 22 23 24 25 Q I don't know exactly Did you tell anyone that you were not taking breakfast? A It was -- when we sat down, we went and handed the sheet to the officer. Q Who handed the sheet to the officer? 41 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 6 of 192 Page ID #:3582 1 A One of my fellow detainees took it to him, 2 where we were saying that we were doing a peaceful hunger 3 strike. 4 Q Which detainee took it, the paper? 5 A I don't recall. 6 Q Did you go to the podium? 7 A At some moment all of us in the group went 8 over, and then we sat down. 9 10 Q Who -- how many is all of you went to the podium? 11 A There were nine of us that were doing this, but 12 I don't remember if all nine of us went over or if some 13 of us stayed behind. I don't recall. 14 Q Did you go up to the podium? 15 A Yes. 16 Q And did you say anything to the officer at the 17 podium? 18 A No. 19 Q You said that someone told the officer that you 20 were doing a peaceful hunger strike? 21 A Yes. 22 Q And who was that who said? 23 A A fellow detainee from Haiti. We went to look 24 for him to have him translate what we wanted to say to 25 him. 42 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 7 of 192 Page ID #:3583 1 2 Q So who was the person who spoke in Spanish that was then translated by the Haitian immigrant. 3 A A fellow detainee, Isaac. 4 Q And it was Isaac who said, "That we are on a 5 peaceful hunger strike"? 6 7 A him translate it to the officer. 8 9 10 He said that to the inmate from Haiti to have Q Do you remember what Isaac's exact words A He said, "Tell him that we are handing him this were? 11 sheet of paper, that we're going to do a peaceful hunger 12 strike because we want to speak to an ICE officer." 13 Q Do you know this Haitian detainee before? 14 A He was a fellow detainee. 15 I would see him around there. 16 Q But you don't recall his name? 17 A No. 18 Q Whose idea was it for the hunger strike? 19 A Well, all-of us. 20 In light of everything that we were seeing that was going on at that center. 21 Q When did you come up with this idea? 22 A When we saw our bail amounts. 23 Q Did you have meetings with the other eight 24 25 inmates to plan for this hunger strike? A We met in order to see what the -- what our 43 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 8 of 192 Page ID #:3584 1 don't remember very well, but I think at 7:00 in the 2 morning. 3 Q So it's after breakfast? 4 A Yes. 5 Q So you knew that after breakfast, you were 6 supposed to go back to your bed for count? 7 MS. FLYNN: 8 THE WITNESS: 9 Objection. Yes. Calls for speculation. But since we were -- we wanted to be heard, and we wanted to speak to an ICE officer. 10 That's why we did not return to our beds. 11 BY MS. STROTTMAN: 12 Q So is count announced over the loud speaker? 13 A The officer just says, "Count." 14 Q And on June 12, 2017, did an officer call for 15 count? 16 A Count time, yes. 17 Q And you did not go back to your bed; is that 18 correct? 19 A 20 ICE officer. 21 Q 22 23 We did not go back because we wanted to see the Is there a reason why you didn't ask to see an ICE officer later in the day? A No. Because we needed to be heard. We had a 24 problem with -- a problem with the inefficiencies that 25 they had at the center for what we lacked. And so we 46 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 9 of 192 Page ID #:3585 1 A Well, we were at the table. The lady arrived, 2 and, well, she was yelling in English. And she pulled 3 out the gas from -- the pepper gas, and she was hitting 4 it against the table. 5 Q Did you understand anything she was saying? 6 A No. 7 Q Had you ever seen any officers use pepper spray 8 at Adelanto before this date? 9 A No. 10 Q When you were planning the hunger strike, had 11 you ever discussed the possibility that they may try to 12 remove you from the tables? 13 A Well, we never imagined that because, well, 14 what they did to us, you don't even do that to an 15 animal. 16 17 Q Did you ever imagine, though, that they would ask you to leave the tables? 18 A We did imagine that, but they didn't ask for 20 Q How do you know they didn't ask for that? 21 A Well, they didn't say it in Spanish. 19 22 23 24 25 that. I don't know if they said it in English. Q And what happened after the woman in the white shirt came in and hit this pepper spray on the table? A Well, she continued yelling in English. She 54 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 10 of 192 Page ID #:3586 1 yelled several times. She went around us, around the 2 table. 3 requested -- they requested more guards. And after that she called on the radio and 4 Q How do you know she requested more guards? 5 A No. What I mean is that she called on the 6 radio and more guards arrived, so that's why I'm saying 7 that she requested guards. 8 Q And what happened after that? 9 A Well, the guards stood around us, and they 10 started digging their nails behind into -- behind our 11 ears. 12 here, as well (indicating). 13 just hold hands, all of us, the whole group, and they 14 started forcing us -- using force. 15 16 They were digging their nails into our hands right Q And, well, all we did was So while you were planning this hunger strike, you didn't imagine that they would use any force? 17 A Never. 18 MS. FLYNN: For the record, when he was talking 19 about them -- I don't know what the exact word was, like 20 squeezing or pinching his hand between -- on the outside 21 and inside of the hand, between the thumb and the pointer 22 finger. 23 24 25 MS. STROTTMAN: Okay. BY MS. STROTTMAN: Q So where do you claim that they were -- can you 55 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 11 of 192 Page ID #:3587 1 could not access personal e-mail? 2 A No, ma'am. 3 Q So the only e-mail, to your knowledge, that you 4 could access at work in the watch office was the GEO 5 e-mail? 6 A Yes, ma'am. 7 Q On the morning of June 12th, 2017, if you 8 recall, did you receive any memos or e-mails that you 9 needed to convey to your staff? 10 A I don't recall. 11 Q Do you recall whether anyone called off that 13 A I do not recall. 14 Q After you got ready for shift, what is the next 12 15 16 day? thing you did that morning? A Went into shift briefing. And, basically, let 17 everybody know they were -- where they were posted at 18 that day and anything that may have happened the night 19 before. 20 Q 21 22 Were shift briefings -- strike that. Did you conduct a shift briefing at the beginning of every shift? 23 A Yes, ma'am. 24 Q And that was throughout your time at Adelanto? 25 A Yes, ma'am. Page 56 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 12 of 192 Page ID #:3588 1 Q Okay. 2 A They would let go, and then they would pull us, 3 And how long were they holding? and they would apply pressure again several times. 4 Q And do you know what officer that was? 5 A No. 6 Q Can you describe what other physical force you 7 8 9 10 claim that the officers used against you? A They also pinched us. They would grab us here from the sides of our ribs (indicating), and they would pull our skin. 11 Q Anything else? 12 A That's all. 13 Q And when you alleged that they were grabbing 14 15 your sides, was that to pull you away from the table? A With the same -- so they would grab us here and 16 apply pressure and pull us back, but with force 17 (indicating). 18 MS. FLYNN: 19 for speculation. 20 BY MS. STROTTMAN: 21 Q I want to put in an objection that calls When you say "here," I'm just trying to make 22 sure that we have this recorded, so you are pointing to 23 your -- 24 A On my side where my ribs are. 25 Q So you've now described digging nails behind 57 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 13 of 192 Page ID #:3589 1 your ear, pressure -- using force on your hands, and then 2 pulling, grabbing the sides of your ribs? 3 A Yes. 4 Q Okay. 5 And that's -- any other force that you recall personally being used against you? 6 MS. FLYNN: Objection. 7 THE WITNESS: That was before the pepper gas and the 8 pulling that they did on us. 9 BY MS. STROTTMAN: 10 11 Q Okay. A Yes. 13 Q Okay. 15 And so do you claim you were sprayed with pepper spray? 12 14 Vague. Quite a lot on myself. Where were you -- where do you claim that you were sprayed? A First, she sprayed -- first, she sprayed the 16 table in general. 17 down on the table, the lady started to -- one by one, she 18 would shake it and then go like this (indicating) 19 until -- and the guards were pulling us to remove us. 20 21 22 Q After that since we just put our face What parts of your body do you claim were hit with the pepper spray? A It wasn't hit. It got into my face and my 23 mouth because when it hit me, I screamed out, and it went 24 into my mouth and into my eyes as well. 25 MS. FLYNN: Did he say "me echo"? 58 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 14 of 192 Page ID #:3590 1 THE INTERPRETER: This is the interpreter speaking. 2 M-e space e-c-h-o, which is she sprayed me. 3 BY MS. STROTTMAN: 4 5 Q Okay. So what happened after you were sprayed? 6 A When she sprayed my face, I got up, and I was 7 screaming, and because I couldn't see -- so as I was 8 screaming, some more pepper gas went into my mouth. 9 The guards came over and grabbed me by my hands 10 and handcuffed me behind me, and pulled me out, took me 11 out. 12 13 14 Q Do you allege that you were injured in any other way while you were being pulled out? A Just my arms were hurting, this here 15 (indicating), because they were grabbing my hands and 16 pulling my hands back hard by force, and then they 17 handcuffed me. 18 Q Did you hit the ground at any time? 19 A No. 20 Q Do you know how many officers were used to 21 remove you from the room? 22 MS. FLYNN: 23 THE WITNESS: 24 closed. 25 BY MS. STROTTMAN: Objection. Vague. No, I don't know. My eyes were 59 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 15 of 192 Page ID #:3591 1 Q So before the officer started using pepper 2 spray, could you see what the other inmates, who were not 3 at the table, were doing? 4 A The fellow dorm inmates? 5 Q Yes. 6 A They were in their beds. 7 Q Did you hear if they were saying anything or 8 9 shouting anything? A When they started spraying us with the gas, 10 they started yelling at them that what they were doing is 11 not correct, that it was not legal. 12 yelled at them too and threatened them with the spray 13 that if they -- she passed it at them like this 14 (indicating), like if she wanted to spray it at them, 15 throw it at them as well. And the lady just 16 Q Did she threaten them verbally? 17 A She tell yelled at them in English. 18 19 20 And she moved the container of pepper gas like this (indicating). Q Could you understand what she was saying in English? 21 A No. 22 Q Before she started spraying you, did the 23 inmates in the dormitory say something? 24 them say anything? 25 A No. Could you hear They were just watching. 60 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 16 of 192 Page ID #:3592 1 2 MS. STROTTMAN: Okay. So it's 12:30 right now. So we can take our lunch break. 3 (Interruption in the proceedings.) 4 MS. STROTTMAN: I'm going to show you the video of 5 the incident, and then I'm just going to show different 6 sections to see if you can help identify the different 7 individuals on the video; okay? 8 screen? 9 THE WITNESS: Yes. 10 MS. STROTTMAN: 11 camera angle East 2-C 2. 12 a.m. 13 MS. FLYNN: 14 MS. STROTTMAN: 15 Are you able to see the So currently we are looking at And the time on here is 6:22 You said 6:22? Yes. BY MS. STROTTMAN: 16 Q So do you recognize this view right here? 17 A Yes. 18 Q Okay. A That's the tank we are in. 19 is? 20 21 And can you describe what this room For example, on this side this is where my bed was at the at bottom. 22 Q And "by this side," do you mean to the right 24 A To the right, yes. 25 Q And was your bunk on the bottom level? 23 hand? 61 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 17 of 192 Page ID #:3593 1 MS. STROTTMAN: 2 THE WITNESS: You can answer. Well, like I said, that's what was 3 said verbally to the guard. 4 BY MS. STROTTMAN: 5 6 7 Q Is there any reason why this wasn't written A Really, another sheet of paper was also handed down? 8 in with the names of the fellow detainees, but I don't 9 know where that sheet of paper ended up. 10 I don't know what the guard did with it. 11 Q What did that sheet of paper say? 12 A That's where all of our names were on. And 13 that, if I'm not mistaken, that's where it said that we 14 were starting the hunger strike. 15 Q Oh, so there's another paper? 16 A There's another sheet of paper that was handed 17 18 19 20 to the guard. Q I don't know. So there were three sheets of paper handed to the guard? MS. FLYNN: 21 Lacks foundation. 22 THE WITNESS: Objection. Misstates the testimony. Argumentative. That was the presentation of the sheet 23 of paper, but I don't know what they did with it. 24 BY MS. STROTTMAN: 25 Q But I'm asking. So the sheet of demands that 78 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 18 of 192 Page ID #:3594 1 2 3 4 5 6 7 8 9 10 Q Did the officers take -- did you have water bottles at your table? A I don't recall. but I think so, Q I think so. I don't remember, yes. Was your plan to drink water during your hunger strike? A Not on my part. I don't know about my other fellow detainees. Q Did anyone request a Spanish translator when the officers were -- came to the table? 11 A No. 12 Q Why not? 13 MS. FLYNN: 14 THE WITNESS: Objection. Calls for speculation. Because if people are going to work at 15 detention centers, it's obvious that these are going to 16 be migrants. 17 people that need to work there need to speak both 18 languages. 19 BY MS. STROTTMAN: 20 21 Q They're not going to speak English. So the At 6:38 a.m., it appears that you are holding hands; is that correct? 22 A We held hands, yes. 23 Q And why did you do that? 24 A Because by then they were pulling on the other 25 fellow detainees. 81 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 19 of 192 Page ID #:3595 1 Q -- other than Officer Lacy? 2 A Yes, ma'am. 3 MS. AGUADO: 4 minor issue -- 5 BY MS. STEINBACK: 6 Q Calls for speculation. It's a Based on your experience and understanding, and 7 you believe it looks like those are consistent with 8 Captain McCusker's handwriting? 9 10 MS. AGUADO: She's not an expert on handwriting. 11 12 Objection. MS. STEINBACK: I'm not calling her an expert. I'm just saying based on her experience. 13 MS. AGUADO: How can you say based on your 14 experience does a specific writing look like someone 15 else's? It doesn't really make sense. 16 But you can go ahead and answer. 17 MS. STEINBACK: 18 And if you could just keep to proper objections, just so that -- 19 MS. AGUADO: 20 MS. STEINBACK: 21 would be great. 22 BY MS. STEINBACK: 23 Sure. Q Okay. -- we can keep this going, that So based on your experience, having read 24 Officer McCusker's -- Captain McCusker's handwriting, 25 you believe that the "Jane" and the "Lakeishia" were Page 84 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 20 of 192 Page ID #:3596 1 written by Captain McCusker? 2 MS. AGUADO: 3 Go ahead. 4 THE WITNESS: 5 those in. 6 BY MS. STEINBACK: 7 8 Q 11 14 15 Objection. Q -- as with the other reports? MS. AGUADO: Calls for speculation. BY MS. STEINBACK: Q I'm just asking for your opinion on what it looks like. A It's unknown. 17 Q Okay. Sure. I'm going to now give you Plaintiffs' Exhibit 6, which is Bates stamped GEO 02270. 19 (Plaintiffs' Exhibit 6 was marked 20 21 Calls -- BY MS. STEINBACK: 16 18 It's unknown who wrote But it looks like it might be Captain MS. AGUADO: 12 13 Unknown. McCusker's handwriting -- 9 10 Sure. Calls for speculation. for identification.) BY MS. STEINBACK: 22 Q Do you recognize this report? 23 A Yeah. 24 Q Did you review this report before today's 25 General incident report. deposition? Page 85 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 21 of 192 Page ID #:3597 1 2 Q Did you review this report before today's deposition? 3 A Yes, ma'am. 4 Q Is that your signature at the bottom of the 5 page? 6 A Yes, ma'am. 7 Q Are there any notations or words on this 8 document that were created by you? 9 A No, ma'am. 10 Q And as with the other reports, does it appear 11 to you that, in the first box, the "use of force" 12 notation in the parenthetical was created by Captain 13 McCusker? 14 A McCusker, yes, ma'am. 15 Q Thank you. Is there anything else on this 16 document that looks to you like it might have been added 17 by Captain McCusker? 18 A 19 No, ma'am. MS. STEINBACK: I'm going to tender to the 20 deponent Exhibit 8, which has Bates range GEO 02251 21 through GEO 2253. 22 (Plaintiffs' Exhibit 8 was marked 23 24 25 for identification.) BY MS. STEINBACK: Q Do you recognize this report? Page 87 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 22 of 192 Page ID #:3598 1 A Yeah. 2 Q Did you review this report before today's 3 General incident report. deposition? 4 A Yes, ma'am. 5 Q Okay. 6 Is that your signature at the bottom of this page? 7 A Yes, ma'am. 8 Q Okay. 9 Are there any words or notations on this document that you created? 10 A No, ma'am. 11 Q Are there any words or notations on this 12 document that appear to you to have been added by 13 Captain McCusker? 14 A No, ma'am. 15 Q Okay. 16 And this report was authored by a sergeant, not an officer; is that correct? 17 A Yes, ma'am. 18 Q Was this a sergeant who you regularly 19 supervised? 20 A No, ma'am. 21 Q Had you ever supervised Sergeant Campos? 22 A No, ma'am. 23 Q Was this the first time you had ever met 24 25 Sergeant Campos? A No, ma'am. Page 88 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 23 of 192 Page ID #:3599 1 2 3 4 THE WITNESS: Q So that was not the protocol, for Officer Lanuza to give it directly to the chief of security? MS. AGUADO: Objection. Go ahead. 8 THE WITNESS: 10 11 It's misstating her testimony. 7 9 I do not know why. BY MS. STEINBACK: 5 6 Unknown. Unknown why. BY MS. STEINBACK: Q Did it violate protocol, as you understood it to exist at Adelanto -- 12 A No. 13 Q -- for Officer Lanuza to give this directly to 14 Chief of Security Johnson? 15 A No. 16 Q What was the protocol for report reviews in 17 June of 2017? 18 MS. AGUADO: 19 THE WITNESS: 20 this went to him. 21 BY MS. STEINBACK: Based on your understanding. Like I said, it's unknown why 22 Q Should it have gone to you first? 23 A Unknown why it went to him. 24 25 I'm not sure why it went to him first. Q Would you, based on your experience and your Page 92 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 24 of 192 Page ID #:3600 1 gas. The showers that they had there were hot water, and 2 we were like that for around five days. 3 We needed to take the bed sheet off of the 4 mattress in order to be able to lay down and feel the 5 coolness because we felt the vapor that was burning our 6 body, or else we would just lay on the ground because 7 they weren't giving us anything. 8 9 10 Q So how long -- you said -- you said you felt the effects of the pepper spray for five days? A Between four to five days because every time 11 they would take us to the showers, the showers were hot. 12 They didn't give us anything to take it away. 13 inmate Julio, he came the next day, and he was just 14 writhing around on the floor after the shower because he 15 couldn't handle it, and I was fanning him with a shirt. 16 17 Q Did you give any statements during the investigation? 18 MS. FLYNN: 19 THE WITNESS: 20 BY MS. STROTTMAN: 21 22 My fellow Q Objection. Vague. I don't recall. And this was your first hunger strike; is that correct? 23 A Yes. 24 Q Do you claim that you had problems with the 25 phones after the incident on June 12th? 93 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 25 of 192 Page ID #:3601 1 A All numbers were blocked. 2 Q Did you have problems calling people before the 3 4 5 incident? A Not before. We would speak normally, but then after that, all of the numbers were blocked. 6 Q Who were you trying to call? 7 A A friend and my sister in-law. 8 Q Did you have -- did you have their phone 9 10 numbers? A I had them written down. 11 number -- the call wasn't going out. 12 been blocked. 13 blocked as well. 14 15 16 Q And, yes, the Remember it had In fact, even my attorney's number was I thought you said you didn't have your sister-in-law's phone number? A Afterwards once I spoke to one of my friends, 17 he got me my sister in-law's number, but I didn't have 18 the numbers for the rest of my family. 19 20 Q So what was your attorney's name that you tried to call? 21 A John "MacClure." 22 Q And what was the name of your friend that you 23 were trying to call? 24 A Alex. 25 Q Is that Alex "Mensing"? 94 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 26 of 192 Page ID #:3602 1 A Yes. 2 Q Was he part of an immigrant's rights group? 3 A Yes. He was -- he supports migrant people, and 4 he was supporting me to get me an attorney because I 5 didn't have a way to pay for an attorney. 6 7 8 MS. FLYNN: Were you done with your answer? THE WITNESS: 9 10 We are going to take a quick break. Yes. (Interruption in the proceedings.) BY MS. STROTTMAN: 11 Q How did you meet Alex? 12 A In Mexico. 13 Q So you met him before you came to the United 14 States? 15 A Yes. 16 Q And how did you meet him in Mexico? 17 A I got into a caravan, and he was already in 18 19 20 21 that caravan. Q Were you ever able to get a hold of Alex after the incident by phone? A I was able to contact him afterwards because 22 there was just one phone number that they were not able 23 to block from a journalist, Pilar, from the La Opinion 24 newspaper. 25 And I called her to have her contact Alex as 95 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 27 of 192 Page ID #:3603 1 calls to. After the incident, all numbers were blocked. 2 Q All numbers that you had previously called? 3 A Yes. 4 Q But not phone numbers that you had not called 5 before? 6 A Uh-huh. 7 Q Is that correct? 8 A Yes. 9 Q So were you ever able to reach your sister 10 in-law after the incident? 11 A With her, it already stopped, and my brother 12 too. 13 that she couldn't help me. 14 could no longer help me. 15 her because she said that she couldn't. 16 17 She was going to be my sponsor, but then she said Q She gave in, and she said she And then I stopped bothering But my question was: Were you able to call her after the incident? 18 A No. 19 Q Were you able to call, in fact, John MacClure? 20 A When he came out to visit me, I told him that 21 that number was blocked. 22 did at Adelanto, but they unblocked his number. 23 Q 24 was blocked? 25 A And, well, I don't know what he Anyone else, specifically, whose phone number I no longer remember. 99 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 28 of 192 Page ID #:3604 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 125-4 Filed 11/26/19 Page 29 of 192 Page ID #:3605 1 2 Q And by that, I mean, since you started working at Adelanto? 3 A Yes, ma'am. 4 Q How did -- were you told that you needed to 5 fill out a use-of-force report? 6 A Yes, ma'am. 7 Q Who told you that? 8 A Captain McCusker. 9 Q Did you know that you were going to need to 10 fill out a use-of-force report before Captain 11 McCusker told you to do it? 12 13 14 A I knew, but I didn't know how to fill it out. So he assisted me with it. Q So did you go to Captain McCusker and say, 15 "Captain, I have to fill out a use-of-force report. 16 you help me?" or how did it unfold? Can 17 A No. He came to the watch office to assist me. 18 Q When was that? 19 A Right after the incident. 20 Q How did he know to come to the watch office to 21 find you? 22 A Because I was in the watch office having my 23 officers write all this out and trying to find this on 24 the computer. 25 force. And he told me we had to do a use of Page 103 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 30 of 192 Page ID #:3606 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 125-4 Filed 11/26/19 Page 31 of 192 Page ID #:3607 1 looks like -- would it be correct to say all of the 2 officers written -- whose names are written under 3 Confrontation Avoidance? 4 A Yeah. 5 Q Okay. 6 You also highlighted the N/A under Force Cell Team Members. 7 A Uh-huh. 8 Q And the next box, asking if the incident was 9 10 videotaped, it looks like you highlighted the wording next to no. 11 A Uh-huh. 12 Q And could you read that for the record, the -- 13 what you wrote on this. 14 A Uh-huh. 15 Q Thank you. 16 A Okay. "No video camera. Recorder" -- they 17 recorded through our central control. 18 to their cameras in there. 19 a video camera present. 20 Q Okay. They had access That was it. We didn't have So just -- in terms of the box that you 21 were just reading, do you mind just reading into the 22 record just so that we all know the exact words that you 23 wrote. 24 A "No video camera." 25 Q Okay. What other -- are there any other words Page 107 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 32 of 192 Page ID #:3608 1 2 3 in that box that you wrote? A Our recorder -- the recorder was through our central control camera. 4 Q 5 that box? 6 A Yes, ma'am. 7 Q Okay. 8 So those are all the words that you wrote in In the box below it, it looks like you highlighted -- did you highlight everything in that box? 9 A Yes, ma'am. 10 Q Okay. And if you could just read it for the 11 record so that we all know exactly what it is that you 12 wrote. 13 A Let's see. "Staff carry." Let's see. "R. 14 Gillon -- he had restraints. G. Martinez, used physical 15 force by pulling the detainees apart that had locked 16 arms." 17 Q What about above that? 18 A Okay. 19 It says "Hard restraints used. what are" -- that's all it says. 20 Q Okay. 21 A -- what that is. 22 I don't know what -- And then Burks assisted to separating the 23 detainees. 24 detainees with restraints. 25 This is Q Marmolejo assisted in restraining the With hand restraints? Page 108 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 33 of 192 Page ID #:3609 EXHIBIT 27 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 34 of 192 Page ID #:3610 ORIGINAL UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA MARTINEZ; ]SAAC ANTON]O LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DTAZ; JOSUE MATEO LEMUS CAMPOS' MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTON]O BURGOS MEJIA; LUIS BARAHONA CORI{EJO, as individuals, Plaintiffs, CASE VS NO. 5:18-cvOIL25-R-GJS THE GEO GROUP, Inc,, et al., Defendants. WEBCAM DEPOSITION OF OMAR ARNOLDO R]VERA MARTINEZ Taken on Thursday, June 6, 20L9 Nonmnru Ce RspoRrsn nv: $cnnll & AssoclATEs nrifird Slronrhnr"rd Pilson, Orange County CSR l-3992 ponre ns Wlshire Blvd., Suite 1503 Los Angeles, CA 90017 (800) 734-8838 (213) 481-3636Fax e-mail: SchallDepo@aol.com www.SchallCourtReporters.com 1055 Amber Re . Inland Empile " San Diego Counfy . Ventura County o Temecula Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 35 of 192 Page ID #:3611 1 2 A. her. 3 4 I didn't want to be with her anymore. Q. A. 6 Yes, because of my wife. MS. ALARCON: Just wait until she finishes translating before you answer. 8 9 So were you called to court for a criminal accusation or for divorce? 5 7 Quite frankly, I just didn't want to be with THE WITNESS: Yes. BY MS. COLEMAN: 10 Q. Were you convicted of any criminal charges? 11 A. Yes. 12 Q. What? 13 A. Theft. 14 Q. Is that theft or robbery? 15 16 MS. ALARCON: Objection. Lacks foundation; calls for legal conclusion. 17 You can answer. 18 THE WITNESS: Yes, I can answer, but it was not 19 robbery because had it been robbery, I would have gotten 20 many years. 21 MS. ALARCON: If I can ask that the interpreter 22 translate the objection as well so the witness is aware 23 of what I said. 24 25 THE INTERPRETER: I will do that. // 9 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 36 of 192 Page ID #:3612 1 A. All right. 2 Q. What did you see yourself doing on the video? 3 A. I was sitting down. 4 Q. When you saw yourself sitting on the video, 5 Then I would stand up. where were you? 6 A. Are you asking me about the place? 7 Q. Yes. 8 A. In Adelanto Detention Center in Central 9 California. 10 Q. It's in Adelanto, isn't it? 11 A. Yes. 12 Q. When you saw yourself on the video, were you at 13 one of the tables in the dayroom? 14 A. Yes, I was there. 15 Q. Which table were you at in the dayroom? 16 A. The second one. 17 Q. The second one from the bottom on the video? 18 A. I was sitting at the second table. 19 Q. What side of the table were you sitting at? 20 A. I was sitting at the first seat of the second 21 table. 22 Q. On the left or on the right? 23 A. To my -- to my right hand. 24 Q. Is that -- when you were watching the video, 25 Yes. were you on the right side of the table on the video? 13 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 37 of 192 Page ID #:3613 1 A. No, ma'am. 2 Q. You said you asked an ICE officer. 3 Where was that? 4 A. In Adelanto, California. 5 Q. So were they all ICE officers? 6 A. No, ma'am. 7 Q. I asked you if you saw ICE and GEO officers, 8 and you said "No." 9 10 A. Yes, ma'am, but ICE officers is one thing and GEO officers another thing. 11 Q. And Adelanto had both? 12 A. Yes. 13 Q. Could you tell the difference? 14 A. Well, of course I did. 15 Q. How? 16 A. You want me to say something? 17 Q. Yes. 18 ICE and GEO officers? 19 20 How could you tell the difference between A. Because the GEO officers are in uniform, and the others are not. 21 Q. What do the ICE officers wear? 22 A. Just clothes like the ones we are in right now. 23 Q. Jeans and a T shirt? 24 A. Yes. 25 The types of pants that I'm wearing right now. 46 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 38 of 192 Page ID #:3614 1 Q. 2 I'm sorry. I can't see them. What type of pants are you wearing? 3 A. Jeans. 4 Q. Did you ever file a grievance related to the 5 food at Adelanto? 6 A. Yes, ma'am. 7 Q. When? 8 A. On several occasions, I did that. 9 Q. In writing? 10 A. Yes, ma'am, but we would do it as a group. 11 Q. Like on the day of the incident? 12 A. Yes. 13 Q. Did you ever file a grievance by yourself about 14 the food? 15 A. No, ma'am. 16 Q. What was your complaint about the food? 17 A. That the rice was hard; they were giving us 18 very little food sometimes; most of the time, the food 19 was not well cooked; sometimes the chicken would be 20 bloody; and the at the end, it was very little food. 21 Q. Any other complaints about the food? 22 A. No. 23 Q. What did they feed you for breakfast usually? 24 A. Piece of fruit. 25 Q. Anything else? 47 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 39 of 192 Page ID #:3615 1 Q. 2 else." 3 4 5 You said, "He, himself, sent me somewhere Who are you referring to? A. Well, just to say, in other words, he said, "I don't want to help you with this case." 6 Q. That was the dentist right? 7 A. Also the ICE officer. I put in a grievance and 8 I explained it to him, and he says, "No, I don't want to 9 help you with this either." 10 Q. Was that in writing? 11 A. Yes. 12 Q. Did you ever have any problems with the medical 13 14 care not the dental care? A. Yes. Quite frankly, the nurses they don't help 15 you out. They just do whatever. If you are sick, they 16 don't pay attention to you. 17 they say to us, "You are immigrants that are coming to 18 our country." 19 demanded to see a doctor, but they don't send you until 20 whenever. That's the truth because Until we got to the point where we 21 Q. What do you mean "whenever"? 22 A. If the nurse likes you, they're going to take 23 you in real quickly. 24 you there waiting. 25 Q. If not, they're just going to keep Did the nurse like you? 51 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 40 of 192 Page ID #:3616 1 your body. 2 Q. Okay. We have two negatives there, so I want 3 to clarify this: After you were pepper sprayed, how long 4 was it before you showered? 5 A. Almost three weeks, ma'am. 6 Q. You're saying you did not have a shower on the 7 day of the incident? 8 A. No, ma'am. 9 Q. Were you offered a shower after the incident? 10 A. Yes, ma'am, but I didn't want to do that 11 because I could see my friends. 12 Q. You could see them what? 13 A. The water is hot and the gas -- the gas on your 14 body feels like you're dying. 15 Q. That is what you heard? 16 A. I saw it with my eyes that my friends showered 17 after the incident. I would see my friends crinkle with 18 their bodies, and somebody said to me, "Don't shower." 19 Q. Who told you that? 20 A. My friend. 21 Q. Do you know their name? 22 A. Yes. 23 Q. What was the name of your friend who told you 24 not shower? 25 A. Julio. 55 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 41 of 192 Page ID #:3617 1 Q. Were you taken out of handcuffs to change? 2 A. Yes, ma'am. 3 At the time of the incident, we were handcuffed at all times. 4 Q. When were you taken out of handcuffs? 5 A. Just for me to take my clothes off. 6 Q. And then were you put back in handcuffs? 7 A. Yes, ma'am. 8 Q. When were the handcuffs taken off next? 9 A. At that point because they had put them 10 really -- it was like it was stuck. 11 Q. It was tight? 12 A. Yeah. 13 Q. So they took the handcuffs off for you to 14 change and then put the handcuffs back on? 15 A. Yes, ma'am. 16 Q. Were the handcuffs put on loose or -- 17 A. No, ma'am. 18 We then asked them because they were really tight. 19 Q. 20 after? 21 A. Yes, ma'am. 22 Q. How long did you have the handcuffs on after 23 The handcuffs were tight before you changed and you changed? 24 A. I don't remember ma'am. 25 Q. Can you estimate? 59 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 42 of 192 Page ID #:3618 1 A. No, ma'am. 2 Q. Was it more than an hour? 3 A. No, ma'am. 4 Q. When you were put into a cell, were your 5 I don't remember. It was more, but I don't remember. handcuffs taken off? 6 A. No, ma'am, I was taken to the hole. 7 Q. Do you mean administrative segregation? 8 9 MS. ALARCON: Objection. Calls for speculation; lacks foundation. 10 THE WITNESS: Yes. The cell for punishment, 11 but before that, a commander took my picture. 12 BY MS. COLEMAN: 13 Q. Who took your picture? 14 A. A commander. 15 Q. What is a commander? 16 A. A chief, a supervisor that gives orders in the 17 institution. 18 Q. Were you seen by medical after the incident? 19 A. Yes, ma'am. 20 Q. Were you in handcuffs when you saw medical? 21 A. Yes, ma'am. 22 Q. Were the handcuffs in front or in back? 23 A. We were taken like this, and then the officer 24 25 is grabbing us. Q. So you were handcuffed behind your back? 60 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 43 of 192 Page ID #:3619 1 speculation. 2 THE WITNESS: I don't know, ma'am. The only 3 thing I know is that you're locking all the time, and 4 then you get about 15 minutes out in the yard, and that's 5 it. 6 BY MS. COLEMAN: That's why we call it "the hole." 7 Q. 8 locked up? 9 A. Yes, ma'am. 10 Q. You do not have to call me "ma'am" all the 11 You said "you're looking" all the time, or time. 12 A. Sorry. 13 Q. Didn't you get an hour of exercise time per A. We would only get 15 minutes or half an hour. 14 15 16 17 day? We were restricted about going out because of the strike. Q. Were you ever told you were put in 18 administrative segregation so that they could investigate 19 the incident? 20 A. Yes, ma'am. 21 Q. And you're saying you only got 15 minutes and 22 23 24 25 not one hour of yard time per day? MS. ALARCON: Objection. Misstates his testimony and calls for speculation. THE WITNESS: Ma'am, the only thing I know is 70 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 44 of 192 Page ID #:3620 1 that we were being punished. I mean, we wanted to go out 2 to the yard. 3 15 minutes or one hour or two hours because the officers, 4 the ones that are watching over us -- keeping watch over 5 us, they were restricting. 6 BY MS. COLEMAN: We didn't know whether we were going to get 7 Q. What was restricted? 8 A. In going out, ma'am. 9 Q. You said the officers were restricted? 10 A. They would tell us so, that we could not go Q. I think my original question is whether you got 11 12 13 out. 15 minutes or an hour. 14 A. The truth of the matter is I don't know, ma'am. 15 Q. How long were you in administrative 16 17 18 segregation? A. From administrative, we were punished for ten days. 19 Q. So you were in that unit for ten days? 20 A. Yes. 21 Q. And how long after that were you sent to Theo 22 23 24 25 Lacy? A. months. Q. So this was in 2018, and it was -- not even two I don't remember very well. So two months or so later, you were sent to 71 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 45 of 192 Page ID #:3621 1 on June 12th. I don't want to make a mistake, but it was 2 on a Monday, days before. 3 Q. The day before? 4 A. No, ma'am. 5 Q. So how many days before did you and the other 6 eight talk about writing up your complaint? 7 8 9 10 A. Quite frankly, a week before. I'm not going to Q. And you guys talked about writing up your lie. complaints and your demands? 11 A. Yes, ma'am. 12 Q. What was the plan on the hunger strike? 13 A. Quite frankly, it was a bail that had been set 14 for my friends was the detail that we were all talking 15 about, $50,000 bail -- 45, 40, 35, 30 -- and I was the 16 only one who -- for whom no bail had been set. 17 Q. You had no bail, or it hadn't been set yet? 18 A. I had not received the paperwork. 19 When the paperwork was received, I was in segregation. 20 Q. What was the amount of your bail? 21 A. Nothing. 22 Q. Never? 23 A. No. 24 Q. Do you know why? 25 A. I don't know. No bail was set. 74 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 46 of 192 Page ID #:3622 1 an officer should tell someone "motherfucker." 2 Q. Say that again? 3 A. I don't think that an officer that is working 4 in a center, like a GEO, should say motherfuckers. 5 Q. Did you hear officers say that? 6 A. Many times. 7 Q. Did anyone say that to you? 8 A. Yes. 9 Q. I heard him laugh, but I didn't hear an answer. 10 Did he say yes? 11 THE INTERPRETER: 12 Yes. BY MS. COLEMAN: 13 Q. Any other mistreatment that you're referring 15 A. As I said -- no, just that. 16 Q. What were the other issues for your group, the 14 17 18 to? other problems that you discussed? A. Well, the officers, whether they're men or 19 women working there, they would mistreat us. 20 care. 21 throw away everything that they would find. 22 23 24 25 Q. They didn't They would just get a plastic bag, and they would During the cell inspections? MS. ALARCON: Objection. Calls for speculation. THE WITNESS: No, ma'am. 76 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 47 of 192 Page ID #:3623 1 be paid of the bail? 2 3 A. At that point, I didn't hear anything like that. 4 5 No, ma'am. Q. You didn't hear anything -- you said you didn't hear anything? 6 A. 7 No. MS. COLEMAN: I'm sorry. 8 hear you, the translation. 9 THE INTERPRETER: 10 speak into the microphone. 11 12 MS. COLEMAN: 15 16 I'm sorry. I'm trying to I know you're facing towards him, so. 13 14 Sometimes I can't THE INTERPRETER: Okay. BY MS. COLEMAN: Q. So when you talked with the group about writing up your complaints, who ended up writing the letter? 17 A. All together, ma'am. 18 Q. Was it your writing on the letter? 19 A. No, ma'am. 20 Q. Whose writing was it? 21 A. I don't know that, ma'am. 22 Q. Did you agree with what was written? 23 A. Yes, ma'am. 24 Q. And who went to the podium to hand the letter 25 to the officer on the morning of June 12, 2017? 78 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 48 of 192 Page ID #:3624 1 THE WITNESS: Yes. She was a supervisor. 2 oversees other officers that are there. 3 BY MS. COLEMAN: She 4 Q. Do you know her name? 5 A. No. 6 Q. Can you estimate how many officers were with 8 A. I don't know that, ma'am. 9 Q. I'm asking if you can estimate; not a 7 10 11 her? calculation. A. I'm asking for an estimation. I cannot estimate. 12 MS. COLEMAN: 13 THE INTERPRETER: 14 interpreter, yes. 15 BY MS. COLEMAN: I'm sorry. Is calcular to estimate? If you're asking the 16 Q. Were there more than five officers? 17 A. Quite frankly, I don't know. 18 Q. How long ago did you see the video last? 19 A. I just saw it yesterday. 20 Q. When you saw the video, can you tell how many 21 22 23 24 25 I can't estimate. officers were there? A. I did see the video, but I didn't pay attention to the number of officers. Q. What happened after the officers came in and the woman with the spray can? 90 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 49 of 192 Page ID #:3625 1 A. She approached me first. 2 Q. And then what happened? 3 A. She sprayed it on my face. 4 Q. She sprayed pepper spray on your face? 5 A. Yes. 6 Q. How far away was she from your face? 7 A. About this distance. 8 9 She stretched out her arm, and then she sprayed. Q. How far was the pepper spray can or bottle from 10 your face? 11 A. It was very close, ma'am. 12 Q. How close? 13 A. Ma'am, I'm telling you that it was very close. 14 15 16 I cannot tell you how many meters or what distance. Q. Well, you just made a hand motion when you described how far away she was. 17 Can you do the same thing with how far away the 18 bottle was? 19 A. I already told you that it was close. 20 Q. Can you show us how close? 21 A. Ma'am, I already told you that it was very 22 close, and I don't want to look back and remember the 23 woman who did that to me. 24 Q. 25 about this. It's very hard. I'm going to be asking you a lot of details If you need to take a break before we get 91 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 50 of 192 Page ID #:3626 1 2 Okay. So you had your forearm down on the table and your head? 3 A. Yes, I was like this. 4 Q. And your head was not all the way down on your 5 arm but part way down? 6 A. Yes. 7 Q. Okay. 8 Like so. So you're showing me the forehead a few inches away from your arm? 9 A. Yes. 10 Q. And then she came up with the pepper spray, and 11 it was how far away from you? 12 A. This distance, from here to there. 13 Q. I can't say what you're pointing to. 14 15 Can you take the water bottle and put it where the pepper spray was from you? 16 17 And your head was down a little bit? A. 18 19 Yes. MS. COLEMAN: Okay. So, Counsel, would we estimate that about one foot away? 20 MS. ALARCON: That's right. 21 MS. COLEMAN: What did you say? 22 MS. ALARCON: "That's right." 23 BY MS. COLEMAN: 24 Q. And where did the pepper spray hit you? 25 A. Here. 93 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 51 of 192 Page ID #:3627 1 Q. 2 right eye? 3 A. All over my face. 4 Q. Did it land on your forehead and then drip 5 And you're pointing to your forehead and your down? 6 A. Yes. 7 Q. Do you know how many seconds she sprayed? 8 9 10 11 12 MS. ALARCON: Objection. Vague as to which time. BY MS. COLEMAN: Q. The first time, if there was more than one, if you know. 13 A. I don't know. 14 Q. Okay. 15 A. The officers grabbed me to take me out, but 16 What happened next? they were beating me. They also -- 17 Q. How many officers grabbed you? 18 A. Two of them took me out. 19 Q. How did they grab you? 20 A. From my shoulders and then turning me like so. 21 Q. And you're showing us your arms behind your 22 back? 23 A. Yes. 24 Q. Were they holding you underneath your arms from 25 your armpit area? 94 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 52 of 192 Page ID #:3628 1 A. Yes, from here. 2 Q. From here, where? 3 A. From my arm, but really hard. 4 Q. Were they holding your biceps? 5 A. Yes. 6 Q. Was there one officer on each arm? 7 A. Yes, but they were mistreating me because they 8 wanted to take me outside. 9 Q. How did they mistreat you? 10 A. They took me to a hallway, and they hit me in 11 my face, and that's where they broke my nose. 12 Q. How many officers hit you in the face? 13 A. Two. 14 Q. So they pinned you against the wall? 15 A. Yes. 16 Q. They did not punch you? 17 A. No. 18 Q. And when you said "like this," you were making 19 They did it against the wall. They would do like this. a motion of pushing you against the wall? 20 A. Yes. They pushed me against the wall. 21 Q. One time or more than once? 22 A. More than one time. 23 Q. How many times? 24 A. Perhaps some four times. 25 Q. Where did your face hit? 95 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 53 of 192 Page ID #:3629 1 A. Against the wall. 2 Q. What part of your face? 3 A. Here. 4 Q. You're pointing to the bridge of your nose? 5 A. Yes. 6 Q. All four times the same place? 7 A. Yes. 9 Q. Where did you have a crown? 10 A. There's several. 11 ones here. 12 Q. 8 That's where my crown came loose -- came out. 13 Down there, and then these A crown normally is just one tooth. Is that what you're referring to? 14 A. I have more down here. 15 Q. Was that a bridge? 16 A. Yes. 17 Q. Was that real teeth or false teeth in the 18 bridge? 19 A. They are my teeth. 20 Q. In the bridge, were there any false teeth? 21 A. No, ma'am. 22 Q. That's my understanding of a bridge, that, 23 normally, there's at least two teeth that aren't yours. 24 Can you explain to me what your understanding 25 is what you had on the lower teeth? 96 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 54 of 192 Page ID #:3630 1 side? 2 A. Yes. 3 Q. On the left side? 4 A. Yes. 5 Q. But you have all your other teeth except for 6 one; right? 7 A. Yes. 8 Q. You just don't have the gold anymore? 9 A. Not anymore. 10 it is. 11 Q. Have you seen it since the incident? 12 A. No. 13 Q. Why did you have gold in your mouth? 14 A. Why did I have gold in my mouth? 15 It got lost. I don't know where I don't know. I wanted to have that put in in my country. 16 Q. You liked how it looked? 17 A. Yes, and the military men likes things like 18 19 20 that. Q. Did any of your actual teeth break during the incident? 21 A. Yes, ma'am. This one. 22 Q. Which tooth? 23 A. This one in the middle. 24 Q. In the middle front? 25 A. Yes, because I had two original of my own 99 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 55 of 192 Page ID #:3631 1 Q. How were you feeling? 2 A. I was crying. 3 I was kind of trying to open my eyes trying to see what was going on. 4 Q. Do you mean crying, or were your eyes watering? 5 A. My eyes were tearing because of the gas. 6 Q. What about your nose? 7 A. My nose, I couldn't feel my nose because the 8 gas was covering all my face. 9 Q. How was your breathing? 10 A. It's bad up to the present time. 11 Q. You are having problems breathing right now? 12 A. Yes, ma'am. 13 Q. Have you gone to a doctor about it? 14 A. Yes. They took an X-ray, and the doctor said 15 that it was fractured, and then they sent me out and said 16 that they were going to do surgery on me. 17 Q. On your nose? 18 A. Yes, but, you know, said to me, "Don't go 19 because they're going to kill you," so then I got scared. 20 Q. Who told you that? 21 A. Who told me that? 22 Q. Yes. 23 A. An officer who watched the video and was not in 24 25 agreement with what the woman did. Q. What was that officer's name? 102 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 56 of 192 Page ID #:3632 1 Q. All over your body? 2 A. Yes, ma'am. 3 Q. What about your eyes? 5 A. All the time, ma'am. 6 Q. Ten days? 7 A. Yes. 8 Q. And afterwards, did they bother you? 9 A. Yes, ma'am. 4 10 How long did they bother you? Yes, after the ten days, I was showering three times a day, but that wasn't going away. 11 Q. So after ten days, you did shower; right? 12 A. I was showering three times a day so that it 13 would go away, but the soap was affecting me even more -- 14 it was affecting me more. 15 Q. How did the soap affect you? 16 A. It burns. 17 Q. Did you put soap in your eyes? 18 A. I said it felt as when you put soap in your 19 It's like putting soap in your eyes. eyes. 20 Q. Were you using hot or cold water to shower? 21 A. Hot, ma'am. 22 Q. There's only hot water to shower? 23 A. Yes, ma'am. 24 Q. Was it hot or warm? 25 A. Hot. There's only hot water there. Hot from the shower. 118 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 57 of 192 Page ID #:3633 1 2 3 4 A. I don't know, ma'am. I'm not going to answer that question. Q. You need to answer the question if you know the answer. 5 A. I don't know the answer, ma'am. 6 Q. You don't know who the leader was? 7 A. No, ma'am. 8 Q. Out of the nine people, was there a leader? 9 A. No, ma'am. 10 Q. Everyone decided together? 11 A. Yes, ma'am. 12 Q. Did you have a hearing for your disciplinary 13 violation? 14 A. 15 separately. 16 Q. Did you go to a hearing? 17 A. No, ma'am. 18 I didn't have a date. They carried that out The officers made the determination of the number of days I was going to be segregated. 19 Q. 20 statement? 21 A. No, ma'am. 22 Q. Have you engaged in any other hunger strikes? 23 24 25 Did you have an opportunity to make a MS. ALARCON: Objection. Vague as to time. BY MS. COLEMAN: Q. At Adelanto? 154 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 58 of 192 Page ID #:3634 1 2 Q. How often did you speak to her while you were at Adelanto? 3 A. I would always talk to her. 4 Q. When you were in administrative segregation 5 after the incident, did you have any problems speaking to 6 her? 7 A. Yes, ma'am. 8 Q. Describe the problem. 9 MS. ALARCON: 10 testimony. 11 BY MS. COLEMAN: 12 Q. Objection. Misstates his He said he had problems while he was in 13 administrative segregation talking to her. 14 him to describe what the problems were. 15 MS. ALARCON: 16 read it back. 17 spoke to her. I'm asking We can have the court reporter I understood that you asked whether he 18 Do you mind reading it back? 19 (The record was read by the Court 20 Reporter as follows: 21 "Q 22 segregation after the incident, did you 23 have any problems speaking to her?") 24 MS. ALARCON: 25 When you were in administrative You can answer. // 157 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 59 of 192 Page ID #:3635 1 BY MS. COLEMAN: 2 Q. Go ahead. 3 A. Because they started blocking the phone 4 numbers, yes, ma'am. 5 Q. They blocked what phone numbers? 6 A. My attorneys, my other attorney, my ex-wife, 7 many attorneys, and my daughters. 8 Q. Why do you believe the numbers were blocked? 9 A. Because the machine would say you cannot make 10 that phone call. 11 Q. Do you have to put in money? 12 A. I always handled my own money when I was in 13 14 Adelanto. Q. I'm just asking if there could have been some 15 problem other than the number being blocked and reaching 16 them? 17 A. Ma'am, they blocked those numbers and not until 18 I submitted a kite, but a long time passed before they 19 unblocked the numbers. 20 21 22 Q. How much time passed before the numbers -- before you could call the numbers? A. They did not unblock the numbers. They just 23 unblocked my ex, my daughters, and my attorney Nicole 24 Ramos. 25 Q. They unblocked the numbers that you asked them 158 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 60 of 192 Page ID #:3636 1 to unblock? 2 A. 3 Yes, but most of the numbers from my phone, they did not. 4 Q. Why did you have a second attorney? 5 A. Because those are the people that have helped Q. Were they both immigration attorneys? 6 7 me. 8 MS. ALARCON: If you know. 9 THE WITNESS: I don't know, ma'am. 10 11 12 BY MS. COLEMAN: Q. So the other attorney, what was the other attorney's name? 13 A. Alex MENSEEN. [Phonetic.] 14 Q. And you don't know if he was an immigration 15 attorney? 16 A. No, ma'am. 17 Q. Have you gone to doctors since your release 18 from Adelanto? 19 A. No, ma'am. 20 Q. Do you have any other injuries from the 21 incident that you haven't told us about? 22 A. No, ma'am. 23 Q. Did any doctors tell you that your injuries 24 25 would be permanent? A. No, ma'am. 159 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 61 of 192 Page ID #:3637 1 2 Q. That's because of the fracture in your nose that you have labored breathing? 3 A. Yes, ma'am. 4 Q. And by fracture, do you mean a hard blow or do 5 you mean a broken nose? 6 A. It's a broken nose, ma'am. 7 Q. Have you had any injuries since June 2017? 8 A. No, ma'am. 9 Q. What kind of work do you do now? 10 A. What type of work? 11 Q. Yeah. 12 A. Yes, ma'am. 13 Q. What type of work? 14 A. Lately, I've been a chef, but lately, the last 15 Do you work? few days, I've had another type of work -- job. 16 Q. What type? 17 A. I've been receiving construction material, 18 writing it down in a book. 19 Q. Do you have to load or unload things? 20 A. No, ma'am. 21 Q. Have you had any emotional distress from the 22 incident? 23 A. Yes, ma'am. 24 Q. Can you describe it? 25 A. Yes, ma'am. To think that the gas thing, that 161 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 62 of 192 Page ID #:3638 1 is to say, I've never lived through something like that 2 before. 3 4 Q. than anything you've gone through before? 5 6 MS. ALARCON: Objection. THE WITNESS: Yes, ma'am. Misstates his testimony. 7 8 The pepper spray and the incident was worse BY MS. COLEMAN: 9 Q. Did you ever see anything bad in the military? 10 A. Yes, ma'am, but that is completely separate 11 12 from the case. Q. I'm asking -- but it's related to your 13 emotional distress, so when you were in the military, did 14 you ever go to some place where they had dead bodies, for 15 example? 16 A. Oh, yes, ma'am. 17 Q. And was that difficult to see? 18 A. Oh, yes, ma'am. 19 Q. Did you ever have to shoot anyone? 20 A. I believe that shooting someone -- how could I 21 say that? 22 Only if I were to find someone robbing a bank. 23 I explain this to you? 24 25 Q. As far as I am concerned, that is a crime. How could I can't. If someone was committing a crime or trying to hurt someone, it might be justified to shoot someone, but 162 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 63 of 192 Page ID #:3639 1 administrative segregation, have you lost any sleep 2 because of the incident? 3 A. If I have lost any sleep? 4 Q. Yeah. 5 A. Yes, ma'am. 6 Q. Can you give me a little more detail? 7 A. Thinking that somebody through gas in my eyes, 8 I never thought or imagined that something like this 9 would happen to me. 10 Q. 11 I'm asking about your lost sleep. MS. ALARCON: 12 argumentative. 13 related to his sleep. 14 BY MS. COLEMAN: I'm going object as The witness is describing his damages 15 Q. How has it affected your sleep? 16 A. Ma'am, it's just that I keep thinking a lot 17 about how is it possible that they threw gas at me, at my 18 eyes? 19 20 21 22 Q. How much did you used to sleep before the incident per night on average? A. Well, before this happened to me, at 7:00 o'clock in the evening, I was already asleep. 23 Q. And what time did you wake up? 24 A. At 5:00 or 6:00 in the morning. 25 Q. And was that your schedule at Adelanto before 165 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 64 of 192 Page ID #:3640 1 the incident? 2 3 A. Yes, ma'am. I would just get up to get some food, and then I would go back to sleep. 4 5 Yes. Q. Was that your schedule at Adelanto or in El Salvador? 6 A. That was my schedule in El Salvador. 7 Q. And once you got to Adelanto, how was your 8 sleep? 9 A. 10 Q. And you slept from 7:00 P.M. to 5:00 A.M. at Adelanto? 13 14 I would go to bed, and I would go to sleep. 11 12 It was normal. A. Maybe a little later. Maybe at 9:00 because there's so much noise that you can't go to sleep. 15 Q. So you would go to sleep later than 7:00 P.M.? 16 A. Yes, ma'am. 17 Q. So how many hours of sleep a night would you 19 A. I slept a few seven hours, six hours. 20 Q. Six to seven hours? 21 A. Yes. 22 Q. Okay. 18 23 get? Was it -- was it a little bit difficult to sleep there because of the noise and the people? 24 A. Yes, ma'am. 25 Q. And then after the incident, how many hours a 166 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 65 of 192 Page ID #:3641 1 night did you sleep? 2 A. I couldn't sleep, ma'am. 3 Q. At all? 4 A. No, ma'am. 5 I would only sleep for about three hours during the day. 6 Q. And how long did that occur? 7 A. Ma'am, since that happened, I just couldn't go 8 9 10 to sleep at night. Q. sleep a night? 11 12 So, even now, you get three or four hours of MS. ALARCON: Objection. Misstates his THE WITNESS: Nowadays, I'm going to go to testimony. 13 14 sleep at maybe 1:00 o'clock in the morning. 15 BY MS. COLEMAN: 16 Q. And when do you wake up? 17 A. At 6:20. 18 Q. Okay. 19 Why do you go to sleep? 20 21 So that's almost five hours of sleep. THE INTERPRETER: I'm sorry. Say that again? BY MS. COLEMAN: 22 Q. It's almost five hours of sleep; right? 23 A. Sometimes. 24 25 Because sometimes I'm awake as late as 3:00 o'clock. Q. Is that because of your job as a chef? 167 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 66 of 192 Page ID #:3642 1 A. No, ma'am. 2 Q. Why are you awake so late? 3 4 Objection. It's been asked and THE WITNESS: I can't sleep, ma'am. answered. 5 6 MS. ALARCON: BY MS. COLEMAN: 7 Q. Have you tried any medication? 8 A. No, ma'am, nor do I want to. 9 Q. Have you tried therapy or talking to anyone? 10 A. No, ma'am. 11 Q. Are there any other effects of the emotional 12 distress other than thinking about it and not being able 13 to sleep that you still have? 14 A. No, ma'am. 15 Q. Were you ever pepper sprayed directly in your 16 mouth? 17 A. No, ma'am. 18 Q. What about were you ever sprayed directly in 19 your nose? 20 A. No, ma'am. 21 Q. What about the groin? 22 Were you ever directly sprayed in the groin? 23 A. No, ma'am. 24 Q. Were you ever slammed on the floor? 25 A. No, ma'am. 168 NORMAN SCHALL & ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 67 of 192 Page ID #:3643 1 STATE OF CALIFORN]A 2 COUNTY OF LOS ANGELES .>5 3 , Amber PiIson, Certified Shorthand Reporter 4 5 License No. t3992, for t.he State of California, 6 -^rr.i ur!1.€\,. uur That, prior to being examined, the witness 1 in the foregoing deposition, to wit, B named 9 RIVERA MARTTNEZ/ was OMAR ARNOLDO by me through the interpreter duly 10 sworn to testify LI nothing but the truth; L2 do hereby to the truth, the whofe truth, and That said depositj-on was taken down by me in 13 shorthand at the time and place therein named I4 thereafter reduced to computer-aided transcription under 15 my direction; 16 I1 1B 19 That the foregoing transcript, and as typed, is a true record of the said proceedings. I further certify that I am not interested in the event of the action. 20 2t WITNESS my hand this 22nd day of June, 2019. 22 23 24 Amber Pilson, CSR NO. L3992 25 186 NORMAN SCHALL ( 800 ) & ASSOCIATES 134- BB3B Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 68 of 192 Page ID #:3644 EXHIBIT 28 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 69 of 192 Page ID #:3645 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CLAIFORNIA 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 PENA ) GARCIA; JULIO CESAR BARAHONA ) CORNEJO, as individuals, ) ) Plaintiffs, ) ) vs. ) CASE 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 ALEXANDER ANTONIO BURGOS MEJIA taken on FRIDAY, MAY 17, 2019 EVELYN V. HERNANDEZ, CSR NO. 12615 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 70 of 192 Page ID #:3646 1 were you given any documents? 2 A Can you repeat the question. 3 Q When you arrived at this facility, were you given 4 any documents? 5 A Only a bracelet. 6 Q Did you review any documents? 7 A I'm not sure. 8 Q For purposes of the record, this is bate stamped 9 10 11 GEO 00921. A Do you recognize this document? No. Maybe it was given to me. But it was not given to me in Spanish. 12 Q Is that your signature on the bottom? 13 A Yes. 14 Q Above your signature, is that English or Spanish? 15 A Spanish. 16 Q Okay. 17 A Yes. 18 Q So did you read this document? 19 A No. 20 Q You just signed it? 21 A Yes, because the officer just gave you the 22 23 24 25 Can you read Spanish? document and said, sign, sign, sign, and that was it. Q Okay. So you never actually read this document, you just signed it? A Correct. 24 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 71 of 192 Page ID #:3647 1 2 3 4 5 6 Q When the female came in, did she say anything to A That I can remember, she spoke in English, and I you? didn't understand anything. Q Even though you don't speak English, do you know if she were giving you instructions to go to your bunk? 7 A No. 8 Q You don't know if she was giving you instructions? 9 A No. 10 Q Was she speaking to the people at your table 11 12 13 though? A She was talking in English. She was screaming not talking softly. 14 Q Did you understand why she was screaming? 15 A No. 16 Q Did you think that maybe she was screaming because 17 you were not complying with the instructions to go to the 18 bunks? 19 MS. ALARCON: Objection. 20 THE WITNESS: What was the question? 21 22 Calls for speculation. BY MS. AGUADO: Q When she was screaming, in your own head, did you 23 think maybe she's screaming because we're not complying 24 with the instruction to go back to our bunks? 25 A Yes. 71 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 72 of 192 Page ID #:3648 1 Q How many times did she scream at you? 2 A I don't remember. 3 Q More than once? 4 A I'm not sure. 5 Q More than twice? 6 A She was screaming and I didn't understand 7 anything. 8 Q How long was she screaming? 9 A I don't remember. 10 Q More than a minute? 11 A I'm not sure. 12 Q You have no idea how long she was screaming? 13 A No. 14 Q And you don't know how many times she screamed? 15 A No, because she started screaming and screaming. 16 Q Okay. 17 Did anyone respond to her? And by "anyone," I mean, the people at your table. 18 A No. 19 Q Did anyone at the second table respond to her? 20 A Not that I can remember. 21 Q After she walked up to your table and started 22 screaming, what happened next? 23 A She started spraying pepper gas. 24 Q How long elapsed, how much time was it from the 25 time she walked up to your table to the time that she 72 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 73 of 192 Page ID #:3649 1 A Not that I remember. 2 Q Have you been sprayed in the face before by OC 3 spray? 4 A Could you be more specific with the question? 5 Q How many times in your life have you been sprayed 6 by OC spray or pepper spray? 7 A Only in Adelanto. 8 Q Only this one time? 9 A Correct. 10 Q And you don't remember if you were sprayed 11 directly in the face? 12 A I don't remember. 13 Q It seems like a pretty significant event, right, 14 would you agree? 15 MS. ALARCON: It's argumentative. 16 THE WITNESS: What's the question? 17 BY MS. AGUADO: 18 Q Did she spray you directly in the face? 19 A Not that I remember. 20 Q Okay. 21 A Not that I remember. 22 Q Did she spray you directly in your nose? 23 A I don't remember. 24 Q Where did she spray you? 25 A To be honest, I don't remember. Did she spray you directly in the mouth? 74 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 74 of 192 Page ID #:3650 1 Q Did she spray you in your groin? 2 A I don't remember. 3 Q Was your entire body soaked with spray? 4 A I don't remember. 5 I had my face down and when I felt the pepper gas, it was on my shoulders and my face. 6 Q Why did you put your face down? 7 A Because I saw that she started moving her hands 8 9 10 and the other ones were complaining. Q You saw that she was moving her hands, how was she moving her hands? 11 A When she hit on the table with the pepper gas. 12 Q So when you saw her hit on the table with the 13 pepper gas, you put your face down? 14 A Correct. 15 Q So it was your understanding that she was going to 16 use the pepper gas; is that correct? 17 MS. ALARCON: Misstates his testimony. 18 THE WITNESS: What? 19 BY MS. AGUADO: 20 Q Why did you put your face down? 21 A Because when she hit the table, she started 22 23 24 25 spraying with the pepper gas. Q Was your head down before she started spraying with the gas? A Which table? 75 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 75 of 192 Page ID #:3651 1 Q What table were you at? 2 A The first one. 3 Q Okay. 4 5 6 7 I'm talking about you. So why would I be talking about the second one? A Because she started spraying with the pepper gas at the other table. Q I'm talking about why you put your head down. Did 8 you put your head down at the first table, the only table 9 that your were at, before she sprayed? 10 A Before she started spraying me, yes. 11 Q Why did you put your head down? 12 A Because I saw that she was spraying with pepper 13 gas and the other detainees were screaming. 14 Q So you knew there was pepper gas in that can? 15 A Yes. 16 Q After you felt the gas on your shoulders and face, 17 18 19 20 21 22 what happened next? A Would you be more specific with the question, please? Q What did you do next, after you were sprayed, after you felt the gas on your shoulder and face? A What I did was just put up with it, and then the 23 officers came and with my fellow detainees, we just crossed 24 our arms because the officers started hitting us on our 25 sides and our ribs, and then they started hitting me behind 76 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 76 of 192 Page ID #:3652 1 my ear. 2 to take me out and before leaving the tank, they threw me 3 up against the wall and I hit the right side of my face and 4 I twisted my neck. 5 Q They also twisted my arm backwards and pulled me Before the woman sprayed, it was your 6 understanding that you were supposed to go to your bunk, 7 correct? 8 MS. ALARCON: Asked and answered. 9 THE WITNESS: Yes. 10 11 12 BY MS. AGUADO: Q After she sprayed, why didn't you get up and go to your bunk? 13 A Can you repeat the question? 14 Q After she sprayed and you felt it on your 15 shoulders and face, why didn't you get up and go to your 16 bunk? 17 A 18 Because the officer started grabbing us and hitting us in order to remove us. 19 Q How many officers hit you? 20 A I don't remember. 21 Q More than one? 22 A I don't know. 23 Q And where were you hit? 24 A In my ribs. 25 Q Which side, left side or right side? 77 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 77 of 192 Page ID #:3653 1 A Right side. 2 Q Were you hit anywhere else? 3 A Behind my ear. 4 Q Which side of your head? 5 A Right. 6 Q How many times were you hit in the ribs? 7 A I don't remember. 8 Q More than once? 9 A Yes. 10 Q More than twice? 11 A I don't remember. 12 Q More than three times? 13 A I'm not sure. 14 Q How many times were you hit on the ear on the 15 right side? 16 A I don't remember. 17 Q More than once? 18 A I'm not sure. 19 Q Were you hit in the ear? 20 MS. ALARCON: It's been asked and answered. 21 THE WITNESS: Yes. 22 BY MS. AGUADO: 23 Q So at least once? 24 A Several times. 25 Q Twice? 78 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 78 of 192 Page ID #:3654 1 A I don't remember. 2 Q But you know it was several times? 3 A Correct. 4 Q Were you hit anywhere else? 5 A When they threw me against the wall, they hit my 6 face. 7 BY MS. AGUADO: 8 Q I said, "hit." 9 A The hits on my ribs, my ear, and when they twisted 10 11 12 Were you hit anywhere else? me and they were pulling on me. Q Was it the same officer that hit your rib on the right side that hit your ear on the right side? 13 A I don't remember. 14 Q Do you know if there were more than one officer 15 that hit you? 16 17 20 Objection. It's been asked and THE WITNESS: I don't remember. answered. 18 19 MS. ALARCON: BY MS. AGUADO: Q As you sit here today, you can only remember at 21 least one time that you were hit in the ribs on the right 22 side; is that correct? 23 A No, because it was several times. 24 Q But you can only remember one specific time? 25 A Not that I remember. 79 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 79 of 192 Page ID #:3655 1 2 Q Do you know if the officers were trying to put on some sort of handcuffs or some kind of restraints? 3 MS. ALARCON: Objection. 4 THE WITNESS: Can you start again. 5 6 7 Calls for speculation. BY MS. AGUADO: Q After you got up from the table and your arm was behind your back, were they trying to put handcuffs on you? 8 MS. ALARCON: Objection. 9 THE WITNESS: I was handcuffed after the whole 10 thing was over. 11 BY MS. AGUADO: Calls for speculation. 12 Q After you were taken out of the tank? 13 A No. 14 Q You said that you were only hit while you were 15 seated. After I was hit. So at what point were you handcuffed? 16 A After I was thrown against the wall. 17 Q How many officers threw you against the wall? 18 A I don't remember. 19 Q When you say that you were thrown against the 20 wall, did they push you, did they actually pick you up and 21 throw you, what do you mean? 22 A They pulled my arm out and they pushed me against 23 the wall. 24 Q Which arm? 25 A The right one. 81 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 80 of 192 Page ID #:3656 1 Q What was your left arm doing at this time? 2 A I just had it just normally. 3 Q At the present time was your left arm behind your 4 back? 5 A I don't remember. 6 Q When you stood up from the table, when you got up 7 from the table and the officers were walking you out, were 8 you complying with them? 9 A When they took me out, I was already handcuffed. 10 Q From the time you got up from the table to the 11 time you went to the wall, were you complying with the 12 officers? 13 A Correct. 14 Q You were doing exactly what they wanted you to do? 15 A Yes. 16 Q Were you resisting in any way? 17 A At no time. 18 Q So you said that they put your arm up and pushed 19 you against the wall? 20 A Correct. 21 Q Did your feet lift the ground? 22 A No. 23 Q What side of your face touched the wall? 24 A The right side. 25 Q How long were you against the wall for? 82 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 81 of 192 Page ID #:3657 1 A I'm not sure. 2 Q After your face touched the wall, what happened? 3 A They handcuffed me. 4 Q What happened next? 5 A They took me to the area where it was the 6 recreation area where we could play soccer and they made me 7 sit down on the floor while they were checking the other 8 ones. 9 Q 10 Was there an officer near you when you were in the recreation yard during this time? 11 A Yes. 12 Q Did you say anything to him? 13 A No, not that I remember. 14 Q How long were you in the recreation yard for? 15 A What was the question? 16 Q How long were you in the recreation yard for? 17 A I don't remember. 18 Q Who else was with you aside from the officer? 19 A I don't remember. 20 Q Were there any other detainees with you? 21 A Yes. 22 Q How many? 23 A I don't remember. 24 Q More than one? 25 A I don't remember. 83 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 82 of 192 Page ID #:3658 1 A Right. 2 Q Were there any officers with you in the room? 3 A No. 4 Q Were you handcuffed at that time? 5 A Yes. 6 Q When the nurse took your blood pressure, were your 7 handcuffs taken off? 8 A No. 9 Q So you mentioned that you went to a second room? 10 A Correct. 11 Q How far was that from the first room that you were 13 A Actually, I don't remember. 14 Q The second room that you were in, was anyone in 12 15 in? there with you? 16 A Yes. 17 Q Who was with you? 18 A The same people who were with me in the previous 19 room. 20 Q Were there any officers with you? 21 A No. 22 Q How long were you in the second room for? 23 A In the other room, I don't remember because they 24 25 wet the other guys and they took us to the room. Q When you say, "they wet the other guys," what do 87 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 83 of 192 Page ID #:3659 1 you mean? 2 A 3 4 5 They through some hot water. They took them to the showers and soaked them in hot water. Q How many other guys? You said, the other guys, how many other guys were taken to the shower? 6 A I don't remember. 7 Q More than one? 8 A Yes. 9 Q More than two? 10 A Yes. 11 Q More than three? 12 A I don't remember. 13 Q How do you know they were taken to the showers? 14 A Because they told me. 15 Q Did you see them in showers? 16 A I saw them all soaked. 17 Q Did you see them in a shower? 18 A In the showers when I was just walking by. 19 20 21 22 23 walking by and I saw that they were crying. Q I was I moved away. So when you went from the first room to the second room, did you walk by the showers? A Walk by the showers? No. It was a room that had showers. 24 Q Did the second room have showers in it? 25 A No. 88 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 84 of 192 Page ID #:3660 1 A When I took a shower myself? 2 Q So between the first room and the second room, at 3 some POINT, did you go in a shower? 4 A Between the first and the second room? 5 Q Yes. 6 A Yes, they took me to the shower. 7 Q After the first room? 8 A After the first room. 9 Q So from the first room, you walked to a shower; is 10 You were put in a shower? that correct? 11 A Correct. 12 Q How long were you in the shower? 13 A I just faked that I was putting water on me and I 14 left. 15 Q Why did you fake that? 16 A Because when I put some water on my face it burned 17 even more. 18 Q 19 yourself? 20 A 21 So you pretended like you were putting water on I didn't say, I pretended. I started putting some water on because it started burning, I stopped doing it. 22 Q Where was it burning? 23 A In my face and my shoulder and arm. 24 Q Which arm? 25 A My right arm. 90 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 85 of 192 Page ID #:3661 1 Q What did you talk about? 2 A About the pain each one of us was experiencing. 3 Q What did you say about your pain? 4 A That it was also burning. 5 Q Did you say anything else? 6 A I don't remember. 7 Q Where was it burning? 8 A My arm, my right shoulder, and my face. 9 Q You mentioned the other detainees were talking 10 about their pains as well, correct? 11 A Correct. 12 Q Do you remember if Isaac said anything about his 13 pain? 14 A 15 I mean, he didn't talk that much. He was crying just as Mateo was. 16 Q Did he say any part of his body was hurting? 17 A Which person? 18 Q Isaac. 19 A Isaac, his face. 20 Q Did he say anything else was hurting? 21 A Back of the arm. 22 Q Which table was Mateo sitting at, the first or the 23 second? But I don't remember which arm. You were at the first? 24 A Yes. I don't remember. 25 Q Was he sitting at your table? 93 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 86 of 192 Page ID #:3662 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 125-4 Filed 11/26/19 Page 87 of 192 Page ID #:3663 1 A Lately, yes. 2 Q I know you said earlier where it was located, but 3 what city is the clinic in? 4 A 5 remember. 6 Q Is it the same city where you live? 7 A No. 8 Q What city do you live in? 9 A In Long Beach. 10 Q Me too. 11 A No. 12 Q Are you on any special diets recommended by your 13 I don't remember. Maybe Carson. We're neighbors. I don't Do you drive currently? doctor? 14 A Diet, yes. They gave me a diet but I don't follow 16 Q Me either. What are the perimeters of the diet? 17 A The nutritionist told me to try to eat healthy and 15 18 19 20 it. less fat because the doctor recommended that. Q So the purpose of the diet is weight loss; is that correct? 21 A Correct. That's what I believe. 22 Q Do you have any sort of medical training? 23 A I don't understand. 24 Q Are you a doctor? 25 A No. 185 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 88 of 192 Page ID #:3664 1 detainees that went to go talk to the officer tell the 2 officer that you were on a hunger strike? 3 A No. 4 Q Okay. 5 come and interview you, related to the incident? 6 7 MS. ALARCON: segregation. 8 9 10 11 While you were in segregation, did anyone Objection as to when he was in Vague as to when he was in segregation. THE WITNESS: Can you repeat the question. BY MS. AGUADO: Q While you were in segregation, did anyone interview you related to the incident? 12 A I don't remember. 13 Q A day after the incident, June 13, do you remember 14 talking to anyone about the incident? 15 A I don't remember. 16 Q So you don't remember telling anyone a summary of 17 the events? 18 A I don't remember. 19 Q At some point, was there a hearing related to the 20 incident? 21 A Not as far as I know. 22 Q Was there ever a time that you had to discuss the 23 incident with people? 24 A Which kind of people? 25 Q You tell me. 161 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 89 of 192 Page ID #:3665 1 agents wouldn't pay attention to anything that you told 2 them regarding the care that you were receiving while you 3 were at the facility? 4 A Because they didn't pay attention to us. 5 Q Can you provide me with an example where they 6 wouldn't pay attention to you, before June 12? 7 A Which officer? 8 Q ICE agents. 9 A I don't remember. 10 Q Do you have a recollection of expressing your 11 concerns or complaints about the medical care at Adelanto 12 Detention Facility to anybody that worked at Adelanto 13 Detention Facility? 14 A Before or after? 15 Q At any time. 16 A On the kites. 17 Q Did you write down your complaints about medical 18 care on the kites and send that to the medical department? 19 A On the kite and on the medical paper. 20 Q So on the kite and the medical paper, are those 21 22 two separate things? A They are different ones. Sometimes, they didn't 23 have the medical forms so they said that it was all right 24 to send it through the kite. 25 Q I'm going to move on. So right now, I'm talking 191 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 90 of 192 Page ID #:3666 1 Q Do you know her name? 2 A I forgot it. 3 Q And you told her that you knew your actions were 4 wrong? 5 A Correct. 6 Q Did you tell anybody else that? 7 A I don't remember. 8 Q Do you know who Omar Martinez is? 9 A Yes. 10 Q Do you talk to him regularly? 11 A No. 12 Q Have you seen him since you left the facility? 13 A No. 14 Q Did you only talk to him while you were at the 15 facility? 16 A I only heard an audio. 17 Q You heard an audio of him? 18 A Yes. 19 Q When did you hear an audio of him? 20 A Approximately two weeks ago. 21 Q Were you with your attorneys when you heard the 22 audio? 23 A No. 24 Q Was it a voice mail message? 25 A It was a personal message. 163 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 91 of 192 Page ID #:3667 EXHIBIT 29 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 92 of 192 Page ID #:3668 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ___________________________________________________ OMAR ARNOLDO RIVERA MARTINEZ; Case No: ISAAC ANTONIO LOPEZ CASTILLO; 5:18-cv-01125-R-GJS JOSUE VLADIMIR CORTEZ DIAZ; Hon. Manuel L. Real JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PENA GARCIA; JULIO CESAR BARAHONA CORNEJO, as individuals, 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; SARAH JONES, sued in her individual Capacity; THE UNITED STATES OF AMERICA and DOES 1-10, individuals, Defendants. DEPONENT: LUIS PENA GARCIA Taken: June 4, 2019 1 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 93 of 192 Page ID #:3669 1 A Yes. 2 Q And does this indicate that you received a detainee 3 4 book in Spanish? A 5 6 It says that I saw a video. You said a manual. A manual is -- a handbook is in paper. Q 7 Okay. Doesn't this document talk both about a manual and a video? 8 A Could you repeat it? 9 Q Does this document reference both the video and the 10 11 I don't understand. manual? A No. The video didn't have the rules. Just about some 12 rights, like the right to an attorney and things like 13 that. 14 Q Do you see the line where you first have your initials? 15 A Yes. 16 Q Could you tell me what that line says? 17 A No. 18 Q Could you read that to me, that line where your 19 20 initials are? A 21 One says: I verify that I received the manual/handbook of ICE and GEO, but the manual was in English. 22 Q Did you ever request the manual in Spanish? 23 A No. 24 Q But you received the manual in English; is that 25 I had no idea what a handbook/manual was. correct? 20 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 94 of 192 Page ID #:3670 1 Q But did you ever give this to anyone else? 2 A Not that I remember. 3 Q So going back to what happened after breakfast, after 4 the first officer pepper sprayed you -- 5 A Yes. 6 Q -- what happened after that? 7 A As I said, more officers arrived, and they start 8 submitting us -- subjugating us. 9 Q Sorry, what did you say happened? 10 A They started subjugating, pulling us, pushing us for us 11 to get up from the table. 12 white that -- they were the superiors, and he arrived 13 with another pepper gas tank, and he started spraying 14 us as well. 15 Q 16 17 A I don't remember. I really don't remember who sprayed me. Q 20 21 Were you personally pepper sprayed by the second officer? 18 19 Another officer arrived in Do you claim you were injured by any of the officers who were pulling you from the table? A Yes, but I cannot say it was this officer, because I 22 was blinded by the pepper spray. 23 couldn't distinguish who was -- I just felt the pulls, 24 the pushes, and the blows. 25 Q At that moment I While this was going on, could you see the other 45 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 95 of 192 Page ID #:3671 1 Q How so? 2 A I had marks in my body when they grabbed me, and when 3 they pushed me against the wall, I banged my head. 4 even when I was being taken outside, knowing that I 5 couldn't see, in the hallway, they, once again, pushed 6 me against the wall. 7 Q What areas did you have marks on your body? 8 A The head. 9 The face was red due to the spray. scratches right here in the neck. 10 And I had I had red here due to the blows in the ribs. 11 Q Anything else? 12 A That I remember, no. 13 Q Were you escorted out of the dorm by an officer? 14 MS. FLYNN: 15 THE WITNESS: Objection, vague. I wasn't escorted. I was 16 pushed. 17 BY MS. STROTTMAN: 18 Q Were you pushed out of the dorm by an officer? 19 A Yes. 20 Q Where did they take you outside? 21 A To the patio or yard. 22 THE INTERPRETER: 23 to say patio, slash, yard. 24 BY MS. STROTTMAN: 25 Q The interpreter would like How long were you out in the yard area? 47 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 96 of 192 Page ID #:3672 1 A Very briefly. They were able to get the group of us 2 out of there. We were handcuffed and on the floor, and 3 they opened another door and got the detainees out, 4 because the smell of the pepper spray was very strong. 5 And after that, we were separated from the group -- 6 from the other detainees, and we were placed in a 7 smaller room. 8 blood pressure -- 9 THE INTERPRETER: 10 11 A medic arrived there just to take our No, correction. interpreter wants to correct that. A The Pulse. Then they took us to a smaller room that had showers, 12 and they made some of the members of the group take 13 showers with hot water. 14 BY MS. STROTTMAN: 15 Q Did you take a shower? 16 A No, no. I heard the scream from the others from the 17 burn, and they said that we shouldn't take showers, the 18 rest of us. 19 wanted us to take -- that we take the shower with the 20 water, but we refused and started moving backwards. 21 They started pushing us all, because they After that, they took us to a room that was a 22 little bit bigger, and we were there for a good -- for 23 a long time handcuffed, and they started taking us 24 little by little, and they started changing our 25 uniform. They gave us an orange uniform, and they said 48 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 97 of 192 Page ID #:3673 1 BY MS. STROTTMAN: 2 Q What did you tell GEO during your disciplinary hearing? 3 A It wasn't a hearing. 4 It was an officer, and he arrived to make -- to ask me questions. That's it. 5 Q And what questions did he ask you? 6 A I don't remember exactly. 7 Q Do you remember what you told this officer? 8 A I don't remember. 9 Q Do you recall telling the officer that your actions 10 were wrong? 11 A What do you mean by wrong? 12 Q That you understood that you were breaking rules, but 13 you were just trying to talk to someone? 14 MS. FLYNN: 15 THE WITNESS: Objection, argumentative. Vague. We weren't following anybody, 16 because nobody was giving us an order. 17 us, and we only wanted to talk. 18 we didn't know what was correct to say, because we were 19 nervous, and if we -- if we were punished because we 20 expressed ourselves, what will happen if we did it 21 again? 22 BY MS. STROTTMAN: 23 Q 24 25 We talked among After the aggression, You received discipline? MS. FLYNN: Wait. I didn't understand that. 56 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 98 of 192 Page ID #:3674 1 BY MS. STROTTMAN: 2 Q 3 You received discipline from this incident; is that correct? 4 MS. FLYNN: 5 THE WITNESS: Objection, vague. Does discipline mean going to 6 segregation? 7 BY MS. STROTTMAN: 8 Q Well, you went to segregation; is that correct? 9 A Yes. 10 Q And they took away your commissary; is that correct? 11 A Yes, commissary. 12 Q How long were you restricted from commissary? 13 A Still they took us to the tanks. 14 The entire time we were in segregation. 15 Q How long was that? 16 A Ten days. 17 Q So you also had no contact visits for ten days; is that 18 correct? 19 A Yes. 20 Q Did you receive any other form of punishment? 21 MS. FLYNN: 22 THE WITNESS: Objection, vague. Form of punishment like what? 23 BY MS. STROTTMAN: 24 Q That's what I'm asking you. 25 A Like what kind of punishment? They took the commissary 57 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 99 of 192 Page ID #:3675 1 the days I spent there. 2 cage, not a yard. 3 blocked the numbers for the attorneys. 4 any freedoms -- the same freedoms to call. 5 will only lend you a phone for a shorter time. 6 Q The yard they took me to was a To talk to the attorneys -- they Let's talk about your phone calls. We didn't have We -- they Can you describe 7 the problems that you had with the phone calls after 8 this? 9 A 10 11 I tried to call my attorney, and the call would not go through. Q What was the name of your attorney? 12 MS. FLYNN: 13 THE WITNESS: 14 BY MS. STROTTMAN: 16 Q 17 I'm just trying to figure out the number that you claim was blocked. A 19 20 That's with respect to my other case. 15 18 Objection, vague. Can you identify your attorney's name? They blocked several numbers, but the one that I called most frequently was my attorney, Mark. Q 21 So they blocked -- you claim they blocked your attorney's phone number? 22 A Yes, the numbers. 23 Q Who else's phone numbers did they block? 24 A Family. 25 Q Can you be specific which family members? 58 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 100 of 192 Page ID #:3676 1 A No. 2 Q Anyone else other than your attorney and family? 3 A No. 4 Q In one of your documents -- I can't remember if it was Those were the only numbers I called. 5 the Complaint, but it said that you had issues calling 6 Alex Messing. 7 A That's another number they blocked. 8 Q Who is this person? 9 A Another attorney. 10 Q Who is Ramon? 11 A Another of the attorneys that were supporting us in the 12 13 asylum cases. Q 14 Was this the first time you had problems contacting your attorney? 15 A Yes. 16 Q How do you know these phone calls were blocked? 17 A Because I made the phone call and it wouldn't go 18 through. 19 Q So which phones were you calling from? 20 A The one that the GEO company has. 21 Q Was it in the segregation unit? 22 A Yes. 23 24 25 Also, when we were sent to the tanks, those were blocked. MS. FLYNN: When you're done with this section on phones, do you want to take a lunch break? 59 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 101 of 192 Page ID #:3677 1 Q 2 Where were the phones that you would normally call your attorneys? 3 MS. FLYNN: 4 THE WITNESS: 5 Objection, vague. In the tanks. In the dormitory. 6 BY MS. STROTTMAN: 7 Q When you refer to the tank, what does that mean? 8 A That's what they referred -- what they called the 9 10 dormitories. Q 11 So after June 12, you claim that your phone calls were blocked to your attorneys; is that correct? 12 A Yes. 13 Q Were you calling from the same phones that you used 14 15 before June 12? A 16 17 Different dorms, but same line -- telephone line. Q 18 19 It's the same phone line. What's the call-out procedure to make a phone call at Adelanto? A First, you have to punch in the number you have in the 20 card or with the commissary number, then dial a pin, 21 and then you dial the phone number. 22 Q 23 Do you know if it's the same procedure when you're in administrative segregation? 24 A Yes. 25 Q Were you able to call anyone in administrative 63 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 102 of 192 Page ID #:3678 1 segregation? 2 A No, not that I remember. 3 Q After you were in administrative segregation for ten 4 days, you went back to your dorm; is that correct? 5 A I was returned to another dorm. 6 Q After you were returned to the other dorm, were you 7 able to make any phone calls? 8 A Yes, but not to my attorneys. 9 Q So who were you able to speak to? 10 A When they arrive for visits, they gave me a different 11 number. 12 Q Who came to visit? 13 A Mark. 14 Q Is Mark your attorney? 15 A Yes. 16 Q So when he came to visit, they gave you another number 17 to call him? 18 A Yes, another phone number. 19 Q And you were able to reach him; is that correct? 20 A Yes, but it was a new number, not the number they had 21 22 blocked. Q 23 So Mark gave you a new phone number to call; is that correct? 24 A Yes. 25 Q Were you able to call anyone other than Mark's new 64 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 103 of 192 Page ID #:3679 1 phone number? 2 A Yes. 3 Q Who else were you able to call? 4 A Some of my family members. 5 Q Did you have problems with blocked phone calls? 6 MS. FLYNN: 7 10 Asked and answered. 8 9 Objection, vague. THE WITNESS: Yes. BY MS. STROTTMAN: Q 11 My question was how long did the problems with your blocked phone numbers last? 12 A The numbers that were blocked were never unblocked. 13 Q Did you complain to anyone about having issues calling 14 your attorneys? 15 A I don't remember, but what I remember were some kites. 16 Q What was the last part? 17 A I just remember we sent a kite. 18 Q What did your kite say? 19 A That I couldn't call those numbers. 20 MS. FLYNN: You remember -- Just for the record, there is a 21 lot that -- you're cutting out, and we're reading your 22 lips. 23 24 25 MS. STROTTMAN: I'll speak louder and see if that helps at all. MS. FLYNN: Yes, let's try that. 65 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 104 of 192 Page ID #:3680 1 Q For example, do you have problems sleeping? 2 A Yes. 3 Q How frequently do you have problems sleeping because of 4 this incident? 5 A Many, because I stay thinking about what happened. 6 Q Have you ever taken any medications for your emotional 7 distress? 8 A As I said, I cannot self-medicate. 9 Q I'm not going to go into the details about when you 10 were living in El Salvador, but do you have emotional 11 distress from violence in El Salvador? 12 A No. It's just that that is very different. One is the 13 fear to be detained again, and another is the fear to 14 lose your life. 15 Q So the fear of losing your life, what is that from? 16 A From El Salvador. But I came to this country trying 17 not to be in fear and looking for freedom, and the 18 first thing they do is to arrest me, and then they 19 abuse the rights that I think I have here. 20 freedom of expression. 21 22 Q Do you believe the freedom of expression means that you did not have to follow the rules at Adelanto? 23 MS. FLYNN: 24 THE WITNESS: 25 Like, the Objection, vague. Argumentative. I am aware that you have to follow the rules, but if you don't know the rules, how 72 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 105 of 192 Page ID #:3681 1 A No, I treat them -- all of them the same. 2 Q You don't recall whose idea it was to go on a hunger 3 strike on June 12? 4 MS. FLYNN: 5 THE WITNESS: 6 BY MS. STROTTMAN: 7 Q 8 Objection, asked and answered. No. Did anyone -- before June 12, did anyone express fears that a hunger strike could lead to punishment? 9 MS. FLYNN: 10 Objection, vague. THE WITNESS: 11 No, nobody knew that we could be punished for expressing ourselves. 12 MS. STROTTMAN: 13 my questions. 14 Judy, do you have any questions? MS. TISHKOFF: 15 I think I'm almost done with Yes, I have a few. want me to go ahead or -- 16 MS. STROTTMAN: 17 Sure. E X A M I N A T I O N 18 BY MS. TISHKOFF: 19 Q Mr. Garcia, my name is Judy Tishkoff, and I represent 20 Sarah Jones in this case. 21 is? Do you know who Sarah Jones 22 A No. 23 Q Do you remember -- strike that. 24 25 Do you Do you remember a nurse taking your vital signs shortly after the incident occurred? 76 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 106 of 192 Page ID #:3682 EXHIBIT 30 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 107 of 192 Page ID #:3683 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 PENA GARCIA; JULIO CESAR BARAHONA CORNEJO, as individuals ) ) ) ) ) ) ) ) ) ) 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; SARAH ) JONES, sued in her individual ) capacity; THE UNITED STATES ) OF AMERICA, and DOES 1-10, ) individuals, ) ) Defendants. ) ________________________________) CASE NO. 5:18-cv-01125-R-GJS WEBCAM DEPOSITION OF MARVIN JOSUE GRANDE RODRIGUEZ TAKEN ON THURSDAY, MAY 30, 2019 KIMBERLY E. LEPINS, CSR NO. 9592, RPR Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 108 of 192 Page ID #:3684 1 Q. Did they listen to your heart? 2 A. Yes. 3 Q. Or your lungs? 4 A. Yes. 5 Q. Did they weigh you? 6 A. Yes. 7 Q. And they gave you clothes? 8 A. Yes. 9 Q. Did they tell you about rules? 10 MS. FLYNN: 11 THE WITNESS: 12 provided the rules. 13 BY MS. COLEMAN: Objection, vague. No, it was in a book that they 14 Q. They gave you a book about rules? 15 A. Yes. 16 Q. In English or Spanish? 17 A. It was in English. 18 Q. Did they give it to you in Spanish also? 19 A. As I recall, they didn't have it in Spanish. 20 was told that I was going to be given one in Spanish 21 afterwards but it never happened. 22 23 Q. Did you ever read anyone else's book in Spanish? 24 A. No. 25 Q. I'm going to mark as Exhibit 1 the Detention 20 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 I Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 109 of 192 Page ID #:3685 1 A. No. 2 Q. Did you take a tray with food? 3 A. Yes. 4 And then we returned it but we did not touch the food. 5 Q. Why did you take a tray? 6 A. Because we had all lined up. The officer would 7 come and wake us up. When he would see us laying there, 8 he would get us up and have us all stand up in line. 9 Q. But you could refuse to take the food, right? 10 A. Correct, we just took it and set it down on the 11 table. 12 Q. Why did you take the food? 13 A. I don't know. 14 Q. Had you decided to do a hunger strike before 15 the breakfast? 16 A. Correct. 17 Q. So you could have told him we're not eating, 18 right? 19 MS. FLYNN: 20 THE WITNESS: Objection. Correct, but we couldn't 21 communicate with the officer. 22 BY MS. COLEMAN: 23 Q. Isn't no the same in English and Spanish? 24 MS. FLYNN: 25 THE WITNESS: Objection, argumentative. Yes, I understand, but I decided 86 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 110 of 192 Page ID #:3686 1 to take it but not eat it. 2 BY MS. COLEMAN: 3 Q. And everyone else did the same? 4 MS. FLYNN: 5 THE WITNESS: 6 remember what I did. 7 BY MS. COLEMAN: 8 9 10 Q. Objection, vague. I don't remember. I just Had you talked with the -- with the other compatriots the night before about doing a hunger strike with all of you? 11 A. Yes. 12 Q. And what was the plan? 13 A. To speak to -- to an officer and expose -- 14 explain to him the things that we were -- our concerns, 15 one of the superior officers. 16 Q. 17 strike? 18 A. Three days. 19 Q. You decided that the night before? 20 A. Based on what we had seen and what was going 21 22 23 24 25 Had you decided how many days you would do the on, yes. Q. When was this letter given to an official? And I'm referring to Exhibit 4. A. This was on the day of the incident, in the morning. 87 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 111 of 192 Page ID #:3687 1 THE WITNESS: I don't remember that too well. 2 They would just say it was time to pick up the plates. 3 I don't know how long it would take. 4 BY MS. COLEMAN: 5 Q. You don't know how long it would take for what? 6 A. For breakfast. Usually my calculation or 7 estimate was that it was 15 or 20 minutes after picking 8 up the plates. 9 Q. 10 Okay. And that morning, did you put your plate away? 11 A. No. 12 Q. You stayed at the table with your plate? 13 A. I returned it. 14 Q. The plate? 15 A. Yes, I just took it and I put it separately on 16 17 18 another table apart. Q. I didn't have breakfast. I understand you didn't eat. What did you do with the plate? 19 A. I returned it to the officer. 20 Q. And then you sat back down at the table? 21 A. Yes. 22 Q. And normally after that time that you returned 23 24 25 the plate, you had 15 or 20 minutes before count, right? A. That was my estimate. I don't actually know how much time it was but that's how much I would 91 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 112 of 192 Page ID #:3688 1 2 Q. Aren't there eight plaintiffs? There's eight people here, correct? 3 A. I suppose. 4 Q. Who is the other person that is not listed 5 6 there? A. Those of us that were left. At the beginning 7 there were nine of us, but then one of them was deported 8 so that left eight of us there. 9 Q. That left eight of you in the lawsuit? 10 A. Yes. 11 12 13 I never knew the name of the other -- of the other participant. Q. And the nine of you decided the night before not to go back to your bed for count? 14 A. I don't remember too well. I think so. 15 Q. And you had decided to do a hunger strike for 16 three days? 17 A. Correct. 18 Q. Since you knew that when the officer yelled for 19 count, that was an order, did you know that there would 20 be consequences for not obeying the order? 21 22 MS. FLYNN: for speculation. 23 24 Objection, vague, compound, calls THE WITNESS: Could you please repeat the question. 25 94 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 113 of 192 Page ID #:3689 1 BY MS. COLEMAN: 2 3 Q. not going back to your bed for count? 4 5 Did you know that you would be in trouble for MS. FLYNN: Objection, vague, calls for speculation. 6 THE WITNESS: 7 much. 8 BY MS. COLEMAN: 9 Q. I just had an idea; I didn't know Did you tell the lady who came or any other -- 10 or any officers that you were not going to return to 11 your bunk? 12 A. I never really spoke to the officers the whole 13 time. 14 the one who would speak Spanish to the officers. 15 16 It was always the African who would translate, Q. Was he going to participate in the strike, too, or just translate? 17 A. No, just translate. 18 Q. Do you -- is it your -- do you believe that the 19 African man told any officer or the sergeant who came 20 that you guys would not be returning to your beds? 21 MS. FLYNN: 22 THE WITNESS: 23 Objection, calls for speculation. Well, I think so. BY MS. COLEMAN: 24 Q. Why -- why do you think so? 25 A. Well, because they just returned him to his bed 95 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 114 of 192 Page ID #:3690 1 2 3 4 and they left us there in a day room. Q. Did you hear anyone tell the officers or the sergeant why you weren't going back to your bed? A. According to what the African told them, is 5 because we were going to start a hunger strike and 6 because we wanted to speak to one of the superior agents 7 to present our complaints to that person. 8 9 Q. Did you hear any officers telling you to go to your bed for count? 10 A. Yes. 11 Q. And you chose to ignore those commands, right? 12 MS. FLYNN: 13 THE WITNESS: Objection, argumentative. Yes, due to the reason that we 14 wanted to speak to a superior or a sergeant. 15 BY MS. COLEMAN: 16 Q. What happened next? 17 A. The officer used his radio. I imagine that 18 that's when he called the lady and a bunch of guards 19 appeared. 20 21 Q. Did the lady that you described as mad show up before the other officers? 22 MS. FLYNN: 23 THE WITNESS: 24 Objection, vague. They showed up almost at about the same time. 25 96 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 115 of 192 Page ID #:3691 1 A Uh-huh. 2 Q Okay. 3 A "Reyes, restraints, helping to pull detainees 4 apart." 5 Q Okay. 6 A And then they were in violation -- the 7 detainees were -- it just says "Violation 213, engaging 8 or inciting a group demonstration." 9 10 Q I believe it looks like "engaging in or inciting a group demonstration." 11 A Uh-huh. 12 Q Okay. The box below it, where it says "Staff 13 Injuries," there's an X next to No. 14 X? 15 MS. AGUADO: 16 THE WITNESS: 17 18 Did you place that If you know. I don't recall. BY MS. STEINBACK: Q Okay. And the box below that, it looks like 19 you highlighted everything. Could you also just read 20 literally what you wrote there into -- 21 A Okay. Well -- 22 Q -- the record. 23 A -- except for this part. 24 Q Okay. 25 A It just says, "Detention Officer A. Reyes, OC I didn't write that. Page 109 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 116 of 192 Page ID #:3692 1 2 correct? A. Correct. They set me on my feet; they pushed 3 me again, and that's when I hit against the wall. 4 they had me laying down. 5 6 Q. Then So your face hit the wall twice and then you laid down? 7 A. Correct. 8 Q. Were you bleeding? 9 A. No. 10 Q. How did you get down to the ground? 11 A. The officers demanded that I lay down. 12 Q. And you were able to get down? 13 A. Yes, but they helped me. They pushed me and 14 then they set me -- they set me into a flat position on 15 the ground. 16 Q. Were you still handcuffed? 17 A. Correct. 18 Q. Did they give you any commands? 19 A. No. There were officers that remained there 20 watching us to make sure that none of us got up or 21 anything. 22 Q. I'm sorry, were you handcuffed or no? 23 A. Yes, I was handcuffed. 24 Q. Did they loosen the handcuffs? 25 A. No. 110 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 117 of 192 Page ID #:3693 1 Q. For medical? 2 A. Yes, they came -- I don't know if it was for 3 medical, but they came and took our blood pressure and 4 to take note of the blows and the scratches that we had. 5 Q. Did you see medical staff? 6 A. Yes, a nurse that took our blood pressure and 7 our names. 8 Q. Do you know the name of the nurse? 9 A. No. 10 Q. Male or female? 11 A. Female. 12 Q. Did she do anything else with you? 13 A. I don't know if that's the same nurse that took 14 me to the showers but after that, we were taken to the 15 showers where we were bathed with hot water. 16 were bathing us, I fainted because of the -- the gas and 17 the heat of the water. When they It was far too much for me. 18 Q. Were you handcuffed while you were in the 19 shower? 20 A. I was handcuffed the whole time. 21 Q. So you couldn't adjust the water yourself? 22 A. No. 23 Q. Before you were brought to the shower, were you 24 medically examined? 25 MS. FLYNN: Objection, vague. 112 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 118 of 192 Page ID #:3694 1 THE WITNESS: I don't remember if it was at the 2 beginning or if it was after the shower but I was -- 3 what I remember is that I fainted in the shower because 4 the gas wouldn't let me breathe. 5 BY MS. COLEMAN: 6 Q. What happened after the shower? 7 A. After the shower, we were again taken to the 8 room where we were waiting to be transferred to 9 segregation, I think, or some other place. 10 11 I don't know. Q. Were you seen by medical there? 12 MS. FLYNN: 13 THE WITNESS: Objection, vague. Before we were taken out of the 14 unit where everything happened, we were seen by medical. 15 BY MS. COLEMAN: 16 Q. Was that a nurse or doctor that saw you? 17 MS. FLYNN: 18 THE WITNESS: Objection, calls for speculation. 19 took me to the shower. 20 BY MS. COLEMAN: I think it was the same woman who 21 Q. And you thought she was a nurse before, right? 22 A. I suppose, yes. 23 Q. And what did she do after the shower? 24 A. She took my blood pressure again. 25 re-examined the -- behind my ears. They I was evaluated for 113 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 119 of 192 Page ID #:3695 1 A No, ma'am. 2 Q So why is there a watch commander? 3 A That's just what they call us, the watch 4 commanders. 5 commanders. They call all the lieutenants watch 6 Q Okay. 7 A Yes. 8 Q Okay. 9 10 So it's interchangeable? So when you said you spoke with a watch commander on June 12th, was that the lieutenant who replaced you for -- 11 A Yes, ma'am. 12 Q -- second shift? 13 Thank you. 14 MS. AGUADO: 15 MS. STEINBACK: 16 (Recess was taken from 1:25 p.m. to 2:05 p.m.) 17 MS. STEINBACK: 18 19 20 You've got to let her finish. Can we take a short break? Sure. Back on the record. BY MS. STEINBACK: Q Ms. Diaz, during the break, did you review any documents? 21 A No. 22 Q Did you have any conversations other than those 23 with your attorney? 24 A No. 25 Q Before the break, we were talking about the Page 130 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 120 of 192 Page ID #:3696 1 worse manner. 2 BY MS. COLEMAN: 3 4 Q. At 6:34:52, we see the woman with the pepper spray walking away, right? 5 MS. FLYNN: 6 THE WITNESS: 7 could not. 8 BY MS. COLEMAN: 9 Q. Objection, vague. I don't know. Maybe, could be; I don't know what her intentions were. Okay. If we rewind to 6:34:01, she's standing 10 between the two tables, looks like, with a pepper spray 11 in her hand, right? 12 13 A. I'm not able to make out if that's spray or if that's some other device. 14 Q. Is that the angry woman in white walking 15 around? 16 A. Correct. 17 Q. So now at 6:34:47 on the video, she's four 18 tables away from you with your back to your table, 19 right? 20 A. Correct. 21 Q. So at that time, couldn't you have gotten up 22 23 24 25 from your table and walked back to your bed? MS. FLYNN: Objection, vague, calls for speculation, lacks foundation, argumentative. THE WITNESS: The truth is I couldn't tell you 141 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 121 of 192 Page ID #:3697 1 for the same reason. I don't know if the officers might 2 act against me. 3 they would have acted in that moment, if they were to 4 consider that I was a danger were I to get up at that 5 moment or not. I don't know how they could act or how 6 Q. Were they giving you any orders? 7 A. I didn't hear any orders. 8 9 10 angry lady in white handle the problem. Q. Did you understand that they just wanted you to go back to your beds and wait for count? 11 12 They just let the MS. FLYNN: Objection, vague, compound, calls for speculation. 13 THE WITNESS: I understand the question but 14 like I said, I don't know how they would have acted at 15 the moment were we to have gotten up. 16 BY MS. COLEMAN: 17 18 19 Q. Why do you think that they would have perceived you as a threat? A. Because it was a very tense moment and any of 20 them could have imagined that we may -- could have acted 21 in a manner that was something against them. 22 Q. Are you speculating? 23 A. No, I'm just -- 24 Q. But you don't know? 25 A. I'm just imagining what could have happened at 142 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 122 of 192 Page ID #:3698 1 that moment. 2 Q. You don't know what was in their minds, right? 3 MS. FLYNN: 4 THE WITNESS: Objection, argumentative. Correct. I couldn't read their 5 minds but, however, it was a very tense environment. 6 One as well as the other could both expect the worse; 7 however we remained passive the whole time. 8 BY MS. COLEMAN: 9 Q. But you locked arms, right? 10 MS. FLYNN: 11 THE WITNESS: 12 force. 13 BY MS. COLEMAN: 14 15 Q. Objection, argumentative. Yes, when they started using Didn't you lock arms before they tried to pull you out from the table? 16 A. I don't recall. 17 Q. You knew it was time for count, right? 18 MS. FLYNN: 19 THE WITNESS: 20 21 22 23 24 25 Objection, argumentative. Yes. BY MS. COLEMAN: Q. When these officers were walking around, were they giving any orders? A. I don't know. The truth is, I don't know. They were speaking to each other amongst themselves. Q. At 6:37:06, it looks like there's a few of them 143 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 123 of 192 Page ID #:3699 1 at your table, right? 2 A. Correct. 3 Q. Were they saying anything to you? 4 A. I don't know what they were saying. 5 Q. At the end of the table between the first and 6 second table, was that a supervisor at 6:37:19? 7 MS. FLYNN: 8 THE WITNESS: 9 10 11 12 Objection, calls for speculation. I don't know. It looks like an officer. BY MS. COLEMAN: Q. He was trying to talk to you guys; do you remember that? 13 MS. FLYNN: 14 THE WITNESS: Objection, calls for speculation. Regarding that, they were 15 speaking to us in English the whole time. I was never 16 able to understand what they were saying. Since I speak 17 very little English, I was never able to understand them 18 and they speak very quickly. 19 BY MS. COLEMAN: 20 Q. You didn't hear any words like count? 21 A. Not at that moment. 22 Q. At 6:38:12 here on the video, it looks like the 23 officers are kind of around your table? 24 MS. FLYNN: 25 THE WITNESS: Objection, vague. From -144 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 124 of 192 Page ID #:3700 1 Q. Do you know who that person is who is being 2 restrained by two officers and then looks like the 3 sergeant in the white blouse that is right next to them? 4 A. No. 5 Q. And we're -- just for the record, we're at 6 7 6:39:07. A. The truth is, I don't know who they might be. 8 What's more, I don't know what happened at what times on 9 the video since I didn't have a watch to check what was 10 happening. 11 Q. At 6:39:33, are you still in the room? 12 A. No. 13 14 15 16 17 18 19 By that time, according to the video, they had already taken me away. Q. Do you recognize any of the people standing on the second tier? A. No. Most of them are from an African origin. I don't know them. Q. I -- I wasn't there for too long. Then on the floor we see the woman with the white blouse standing, right? 20 A. Correct. 21 Q. Do you know the other people standing, are they 22 23 officers? A. I don't know the name of any of the officers 24 nor the faces. 25 make it out. Aside from that, you can't manage to I don't know. 146 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 125 of 192 Page ID #:3701 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 125-4 Filed 11/26/19 Page 126 of 192 Page ID #:3702 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 125-4 Filed 11/26/19 Page 127 of 192 Page ID #:3703 1 2 everything got cleared up. Q. 3 What were they trying to clear up? MS. FLYNN: 4 speculation. 5 BY MS. COLEMAN: Objection, vague, calls for 6 Q. If you know. 7 A. I don't have knowledge as to what they were 8 investigating but the officer in charge, I remember her 9 words clearly. When she told me that it hadn't been 10 our -- she was accepting her fault in the matter but 11 also saying that we had also been wrong. 12 Q. And who was that? 13 A. She introduced herself as Officer Duran. And 14 her words were clear. She mentioned, I know that we did 15 not act in a correct manner but you did not comply with 16 an order. 17 between one to two weeks. That's why we're expecting you to be in here Those were her words. 18 Q. In Spanish? 19 A. Correct. 20 Q. I handed you earlier Exhibit 3. 21 22 Can you turn to page 2801. A. 23 (Witness complies.) Correct. 24 Q. Is that your signature? 25 A. Yes. 154 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 128 of 192 Page ID #:3704 1 wanted to sign anything, then my signature wouldn't be 2 on here. 3 4 MS. FLYNN: previous page, 2801. 5 6 By here, he's referring to the THE WITNESS: Correct. BY MS. COLEMAN: 7 Q. And you signed page 2801? 8 A. Correct, I don't recall the other one. 9 Q. Did you have a hearing? 10 MS. FLYNN: 11 THE WITNESS: Objection, vague. Hearing for what? 12 understand that question. 13 BY MS. COLEMAN: 14 15 Q. I don't Did you have a hearing to determine if you had engaged in or incited a group demonstration? 16 A. I don't remember that hearing. 17 Q. While you were in segregation, you were still 18 being -- you were still able to take showers every day, 19 right? 20 A. Correct, but due to the chemicals in the gas, I 21 was not able to take the shower. 22 breathe. I wasn't able to I couldn't take my shower. 23 Q. For how many days? 24 A. I don't recall, but over two weeks went by. 25 I would shower but not in the affected areas. 157 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 129 of 192 Page ID #:3705 1 Q. What were the affected areas? 2 A. From my belly button to my head. 3 Q. How was your -- how was your torso affected by 4 pepper spray? 5 MS. FLYNN: 6 THE WITNESS: Objection, vague. As I said at the beginning, when 7 they first took me to shower, that's when the spray came 8 down to the lower parts of -- to the other parts of my 9 body. 10 MS. FLYNN: I don't know if you know that they 11 were in their jail clothes which had the pepper spray on 12 them. 13 their showers. 14 They were washed in their clothes when they took THE WITNESS: We did have our uniforms on. In 15 fact, when they transferred us to the segregation unit, 16 but the white shirt that we had on all the time was 17 soaked with the pepper spray, and so that's what caused 18 it to go all the way inside. 19 20 21 22 23 My neck area, my ears, my arms, they turned white and swollen due to the chemicals. We requested medical assistance, some kind of cream, some kind of painkiller. MS. FLYNN: 24 interpretation. 25 skin turned. I want to clarify the Can you ask him again what color his 158 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 130 of 192 Page ID #:3706 1 2 from your viewpoint. A. Correct. I mentioned this previously, before 3 watching the video. 4 pepper spray. 5 do know at that moment what was mainly affected was my 6 arms, my face, and my head. 7 I did mention that I received I didn't mention how many times. But I Due to the fact that I was under the effects of 8 gas, I was not able to notice that my shirt was full of 9 the gas. 10 11 Q. When you got -- was there anywhere else you were sprayed? 12 A. No. 13 Q. Okay. 14 15 16 So then you were brought to the shower. Were your clothes taken off? A. No. I was handcuffed with the same uniform, black and blue color uniform. 17 Q. 18 shower? 19 A. And what happened when you were put in the With the water, the smell of the gas 20 intensified and that caused me to faint. 21 mention in that part that the shower area was very 22 small. 23 I forgot to At the moment I fainted, I remember that I hit 24 my head against the wall. And I'm able to remember that 25 I felt the hands of the nurse or the officer that took 162 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 131 of 192 Page ID #:3707 1 me there that held me and tried to get me up when I 2 fainted. 3 4 5 6 Q. How do you know you hit your head on the wall when you fainted? A. After that, I felt the sudden pain and kind of like a small bump to the back of my head. 7 Q. Was it bleeding? 8 A. No. 9 Q. When were you able to get out of those clothes? 10 A. After I was taken out of the shower, we were 11 transferred from the room from which we were going to be 12 taken to another zone. 13 After that, I remember that we were asked to 14 change clothes, change our clothes. 15 orange-colored clothing. 16 We were given some I also remember that they wanted us to change 17 our clothes with our handcuffs on. 18 officer wearing a white shirt came in and he was able 19 to -- to check our handcuffs, and he was able to notice 20 the marks on our wrists, which were very red. 21 the one that made our handcuffs more comfortable before 22 transferring us to the next place. 23 24 25 After that, another And he's And he removed our handcuffs so that we could change and then he put them back on. Q. So that's when you were able to change? 163 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 132 of 192 Page ID #:3708 1 2 3 that deposition about my job. Q Okay. So you read it after the incident and then again while you were on paid leave? 4 A Yes, ma'am. 5 Q Okay. And when you read those policies, did 6 you, in fact, see that you had violated a written 7 policy? 8 A No. 9 Q Did you consider contesting your firing? 10 11 MS. AGUADO: relevant. 12 13 But you can answer yes or no or if you haven't decided yet. 14 15 16 I'm not really sure how that's THE WITNESS: Unknown at this time. BY MS. STEINBACK: Q Okay. Did you have any responsibility for the 17 handling of detainee grievances in your capacity as 18 lieutenant? 19 A No. 20 Q Did you ever have occasion to see detainee 21 grievances while you worked at Adelanto? 22 A A few. 23 Q Under what circumstances did you see those 24 25 grievances? A When the grievance coordinator would come in Page 171 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 133 of 192 Page ID #:3709 1 and explain to me that one of the officers had done 2 something, and then they just brought it in, pretty much 3 let me know what the grievance was, and then -- then the 4 grievance coordinator would talk to that detainee, and 5 then they would try to get it dropped. 6 the grievances were frivolous grievances from the 7 detainee. 8 Q 9 10 Because some of So the grievance coordinator, to your knowledge, would go to the detainee to see if they would drop the grievance? 11 A Yes, ma'am. 12 Q In June of 2017, who was the grievance 13 14 coordinator, if you remember? A Ms. Woelke. 15 but it's Ms. Woelke. 16 Ms. Woelke. 17 Q I don't remember her first name, I think it's W-o-e-l-k-e, While you were working at Adelanto up to and 18 including the time of the incident, did you ever hear 19 any detainee complaints about the food at Adelanto? 20 A Yes. 21 Q What complaints did you hear? 22 A The food wasn't good. That's pretty much what 23 they said, the food wasn't good. 24 report, our staff used to eat the food there too. 25 Q From reading this So your staff ate the same food as the -Page 172 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 134 of 192 Page ID #:3710 1 2 3 Q In -- on June 12th of 2017, to your knowledge, were there zip ties in central control? A Not to my knowledge. I think the only time we 4 had zip ties were -- they were in our medical bags when 5 we would transport detainees out to the hospitals. 6 they weren't inside -- like I said, the detainees didn't 7 have -- they didn't have access to that area at all, to 8 even go up that far into the institution. 9 10 Q Where is central command with respect to the day room that was -- 11 A At the front of the institution. 12 Q How far is that? 13 A It's -- let's see. You come in -- central 14 controls were in the very front, in the very front. 15 they are nowhere near the housing units. 16 the very front when you first walk in. 17 18 19 But Q So They're up in How long would it take to walk from central control to the -- to the East housing units? A Walking, probably about 10, 15 minutes. 20 Running, probably a lot faster. 21 five minutes, if they're running, to get to the central 22 control for any equipment. 23 Q Yeah, about -- probably In watching the video, it looks like there are 24 windows on sort of what looks like maybe a second floor 25 overlooking a day room. Do you know what I'm talking Page 176 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 135 of 192 Page ID #:3711 1 REPORTER'S COPY CERTIFICATE 2 3 4 5 6 I, KIMBERLY E. LEPINS, Certified Shorthand Reporter for the State of California, hereby certify: THAT the foregoing is a true and correct copy 7 of the original record of the testimony given by the 8 witness and of all objections made at the time of the 9 examination, to the best of my ability. 10 11 12 13 I FURTHER CERTIFY that I am in no way interested in the outcome of said action. IN WITNESS WHEREOF, I have hereunto subscribed my hand this 2nd day of June, 2019. 14 15 16 17 18 _______________________________ KIMBERLY E. LEPINS Certified Shorthand Reporter Certificate No. 9592 19 20 21 22 23 24 25 186 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 136 of 192 Page ID #:3712 EXHIBIT 31 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 137 of 192 Page ID #:3713 Device name MAC address Camera name : DVR- 670- 16A000 Date and time : : 00:00:00:00:00:00 Events : None : East -2 -C -1 Image size : 6.;1212017 6:30:51 AM (GMT -07:00) 704 (h) x 480 (y) EXHIBIT 2 WIT: Rebecca Jindi DATE: 6/14/2019 G. flvn;cki CSR No. 13481 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 138 of 192 Page ID #:3714 EXHIBIT 32 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 139 of 192 Page ID #:3715 Rachel Steinback, SBN 310700 Carol A. Sobel, SBN 84483 LAW OFFICE OF RACHEL STEINBACK Monique A. Alarcon, SBN 31 1650 PO. Box 291253 LAW OFFICE OF CAROL SOBEL Los Angeles, CA 90029 725 Arizona Avenue, Suite 300 213-537-5370 Santa Monica, CA 90401 (I) 213-232-4003 310-393-3055 (6) steinbacklaw@g1nail.com carolsobel@aol.com monique.alarcon8@gmail.00m Attorneys for Plainti?s. [Additional Counsel on Following Page] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA Case No. ISAAC ANTONIO LOPEZ JOSUE PLAINTIFF LUIS PENA VLADIMIR CORTEZ JOSUE ATEO LEMUS RESPONSES TO DEFENDANT MARVIN JOSUE GRANDE THE GEO GROUP, IN 0?5 ALEXANDER INTERROGATORIES, SET ONE ANIONIO BURGOS LUIS PENA JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, V. THE GROUP, Inc., a Florida corporation; the CITY OF ADELANTO, a mumcn al entity; GEO LIEUTENANT DURA. sued In her individual capacit GEO LIEUTENANT AZ, sued in her individual capacity; GEO . SERGEANT CAMPUS, sued in h1s individual capacit SARAH JONES, sued in her indivi ual capacit THE UNITED STATES OF and DOES 1-10, individuals, Defendants. RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 140 of 192 Page ID #:3716 responses at a later date. Subject to those objections, Plaintiff responds as follows: Plaintiff?s physical injuries have healed, although his trauma and emotional distress persist. INTERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or Witnesses who support your contention. RESPONSE TO INTERROGATORY O. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff has not seen medical providers since leaving the detention center. Plaintiff reserves the right to supplement this response at a later date. INTERROGATORY O. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff felt angry and distressed at the treatment of the detainees. He RESPONSE INTERROGATORIES, SET ONE Case 5' 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 141 of 192 Page ID #:3717 had expected the United States to be a land of freedom and was shocked and appalled at the brutal treatment. In segregation he felt stressed and alone and was not allowed to communicate with anyone or access the phone. He still thinks of it frequently and it brings back his feelings of distress. Plaintiff has nightmares and often has problems sleeping. He gets feelings of his heart racing or pounding sometimes, and he is afraid of being detained again. Plaintiff has not seen a mental health professional regarding this incident. He asked for one in the facility but was not provided access to a INTERROGATORY NO. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 12: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated to the injuries suffered in the incident. Plaintiff further objects that the records of his medical treatment in the facility are more readily available to Defendant than to Subject to those objections, Plaintiff responds as follows: Plaintiff has not seen any medical professionals regarding this incident since he was released from the facility. IN TERROGATORY NO. 13: Please identify, by health care provider, date of service, amount of charges, amounts paid, and amount all special damages for health care treatment that you contend are attributable to the incident that is the subject of this litigation. RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 142 of 192 Page ID #:3718 secondary, and perhaps irrelevant and trivial details?). See also Safeco of America v. Rawstron, 181 F.R.D. 441, 447?48 (CD. Cal. 1998); Roberts v. Heim, 130 F.R.D. 424, 427?28 (ND. Cal. 1989) (same). Plaintiff further objects that this interrogatory is compound, overly broad and vague and ambiguous. Plaintiff further objects on the ground that this interrogatory calls for a legal conclusion and on the ground that the information requested is in the possession of the Defendants. Further, the depositions of the defendant of?cers and other witnesses have not been completed and therefore this interrogatory is premature. Discovery is ongoing and Plaintiff objects that the request is premature. Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: tsx? Catherine Sweetser Attorneys for Plaintiffs 5: 18-CV-01 125-R-GJS RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 143 of 192 Page ID #:3719 EXHIBIT 33 Case 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 144 of 192 Page ID #:3720 Rachel Steinback, SBN 310700 LAW OFFICE OF RACHEL STEINBACK PO. Box 291253 Los Angeles, CA 90029 213-537?5370 213-232-4003 (6) steinbacklaw@gmail.com Attorneys for Plaintiffs. OMAR ARNOLDO RIVERA ISAAC ANTONIO LOPEZ .IOSUE VLADIMIR ORTEZ IOSUE MATEO LEMUS MARVIN JOSUE GRANDE ALEXANDER ANTONIO BURGOS MEJ LUIS PENA JULIO CESAR BARAI-IONA CORNEJO, as individuals, Plaintiffs, V. THE GEO GROUP, Inc., a Florida cor oration; the CITY OF AD a munici Dal entity; GEO LIEUTENANT DURA sued in her individual capacit GEO LIEUTENANT AZ, sued in her individual capacny; GEO . SERGEANT CAMPOS, sued 1n his individual capacit SARAH JONES, sued In her indivi ual capacn THE UNITED STATES OF AME and DOES l-10, individuals, Defendants. [Additional Counsel on Following Page] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Carol A. Sobel, SBN 84483 Monique A. Alarcon, SBN 311650 LAW OFFICE OF CAROL SOBEL 725 Arizona Avenue, Suite 300 Santa Monica, CA 90401 310?393-3055 carolsobel@aol.com monique.a1arcon8@gmail.com Case No. PLAINTIFF ALEXANDER ANTONIO BURGOS RESPONSES TO DEFENDANT THE GEO GROUP, INTERROGATORIES, SET ONE RESPONSE INTERROGATORIES, SET ONE Case 5: 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 145 of 192 Page ID #:3721 INTERROGATORY O. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Mr. Mejia still has emotional distress to this day. He suffers from anxiety and worries that if he were detained he would be physically attacked again. He thinks about this every day. Mr. Mejia also saw a therapist at St. Mary Medical Center- Trauma Recovery Center in Long Beach. Mr. Mejia has also been working with a loss and trauma support group at Comunidades con Poder para el Cambio in Long Beach. INTERROGATORY NO. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 12: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 146 of 192 Page ID #:3722 Plaintiff also notes that there is a list of demands that was given to the guards and incorporates that list by reference. A copy of that list has been provided at P000199-200. INTERROGATORY NO. 25: Please state all facts in support of your conspiracy claim. RESPONSE TO INTERROGATORY NO. 25: Plaintiff incorporates his general objections. Plaintiff objects to this interrogatory to the extent that it calls for all facts about Plaintiffs? claims. ?State all facts? interrogatories of this kind are unduly burdensome, harassing, overly broad, and an improper use of the discovery process. See IBP, Inc. v. Mercantile Bank of Topeka, 179 F.R.D. 316, 321 (D. Kan. 1998) (providing ?every fact? could require ?laborious, time consuming analysis, search and description of incidental, secondary, and perhaps irrelevant and trivial details?). See also Safeco of America v. Rawstron, 181 F.R.D. 441, 447-48 (CD. Cal. 1998); Roberts v. Heim, 130 F.R.D. 424, 427?28 (N .D. Cal. 1989) (same). Plaintiff further objects that this interrogatory is compound, overly broad and vague and ambiguous. Plaintiff further objects on the ground that this interrogatory calls for a legal conclusion and on the ground that the information requested is in the possession of the Defendants. Further, the depositions of the defendant of?cers and other Witnesses have not been completed and therefore this interrogatory is premature. Discovery is ongoing and Plaintiff objects that the request is premature. Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 147 of 192 Page ID #:3723 LAW OFFICE OF COLLEEN By: Catherine Sweetser Attorneys for Plainti?fv \DOONC?xkh-bwwr?A l??D?lh-ll??h??b?lb?l RESPONSE INTERROGATORIES, SET ONE Case Document 125-4 Filed 11/26/19 Page 148 of 192 Page ID #:3724 1 VERIFICATION 2 3 1, Alexander Antonio Burgos Mejia, am a Plaintiff in the within action. I am 4 familiar with the contents of Plaintiff Alexander Antonio Burgos Mejia?s 5 Responses to Defendant GEO GROUP, Request for Interrogatories, Set One. It is true of my own knowledge except as to matters which are stated on ?~40 information and believe, and as to those I believe them to be true. 00 I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 11 12 Executed on February 11, 2019, in [o?j $65155 California. 13 14 55:13:23 15 Alexander Antonio Burgos Mejia PLAINTIFF ALEXANDER ANTONIO BURGOS MEJIA RESPONSES TO DEFENDANT GEO GROUP INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 149 of 192 Page ID #:3725 EXHIBIT 34 Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 150 of 192 Page ID #:3726 1 Rachel Steinbeck, SBN 310700 Carol A. SobeI, SBN 84483 2 OFFICE OF RACHEL STEINBACK Monique A. Alarcon, SBN 311650 PO. Box 291253 LAW OFFICE OF CAROL SOBEL 3 Los Angeles, CA 90029 725 Arizona Avenue, Suite 300 4 213-537-5370 Santa Monica, CA 90401 213-232?4003 310?393?3055 5 steinbacklaw@gmail.com carolsobel@aol.com 6 monique.a1arcon8@gmail.com 7 Attorneys for Plaintiffs. 8 [Additional Counsel 0n Following Page] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 OMAR ARNOLDO RIVERA Case No. ISAAC ANTONIO 12 LOPEZ JOSUE PLAINTIFF OMAR VLADIMIR CORTEZ JOSUE ARNOLDO RIVERA 13 MATEO LEMUS RESPONSES To MARVIN JOSUE GRANDE DEFENDANT THE GEO GROUP, 14 ALEXANDER INTERROGATORIES, SET ANTONIO BURGOS LUIS ONE 15 PENA JULIO CESAR BARAHONA CORNEJO, as 16 individuals, 17 Plaintiffs, 18 19 THE GEO GROUP, Inc._, a Florida corporation; the CITY OF . 20 ADELANTO, a muniei Jill entity; GEO LIEUTENANT DURA a sued In her 21 Individual capacit GEO LIEUTENANT AZ. sued in her 22 IHleldU?i capacity; OEO SERGEANT sued 111 I115 23 individual caquit SARAH JONES, sued in her indwl Lia] capacit THE 24 UNITED STATES OF AME 25 and DOES 1-10, 1nd1v1duals, . 26 De endants 7 27 28 RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 151 of 192 Page ID #:3727 its frequency, and its duration. RESPONSE TO INTERROGATORY NO. 9: Plaintiff?s nose is still injured, and he gets nose bleeds almost every day. In the morning he wakes up with dry blood in and around his nose. It also makes it dif?cult for him to breathe and to sleep. His nose is still fractured and visibly crooked. INTERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY NO. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: He will need surgery or some other medical treatment to repair his nose. Plaintiff reserves the right to supplement this response at a later date. INTERROGATORY NO. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was first experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety RESPONSE INTERROGATORIES, SET ONE Case 5: r?l h?t i?18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 152 of 192 Page ID #:3728 emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff experienced emotional distress when he was harmed by the guards during the incident and while he was restricted in the segregation unit. During his hunger strike he brie?y spoke with a at Adelanto. After he was released from segregation he experienced further emotional distress after he was erroneously identi?ed as the leader who incited a group demonstration and was elevated to red jump suit and placed in a higher security ward. This ward housed the violent gang members that he ?ed from when he left El Salvador. He feared for his life and asked to see a at Adelanto. He explained that he feared for his safety and he was later transferred to protective custody. He thinks about the incident frequently and fears being detained by any agency ever again. Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. INTERROGATORY O. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident tu is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 12: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated to the injuries suffered in the incident. Plaintiff further objects that. the records of his medical treatment in the facility are more readily available to Defendant than to Subject to those objections, Plaintiff responds as follows: Plaintiff saw a dentist in Ahuachapan, El Salvador who replaced his front RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 153 of 192 Page ID #:3729 INTERROGATORY O. 25: Please state all facts in support of your conspiracy claim. RESPONSE TO INTERROGATORY NO. 25: Plaintiff incorporates his general objections. Plaintiff objects to this interrogatory to the extent that it calls for all facts about Plaintiffs? claims. ?State all facts? interrogatories of this kind are unduly burdensome, harassing, overly broad, and an improper use of the discovery process. See IBP, Inc. v. Mercantile Bank of Topeka, 179 F.R.D. 316, 321 (D. Kan. 1998) (providing ?every fact? could require ?laborious, time consuming analysis, search and description of incidental, secondary, and perhaps irrelevant and trivial details?). See also Safeco of America v. Rawstron, 181 F.R.D. 441, 447-48 (CD. Cal. 1998); Roberts v. Heim, 130 F.R.D. 424, 427?28 (N .D. Cal. 1989) (same). Plaintiff further objects that this interrogatory is compound, overly broad and vague and ambiguous. Plaintiff further objects on the ground that this interrogatory calls for a legal conclusion and on the ground that the information requested is in the possession of the Defendants. Further, the depositions of the defendant of?cers and other witnesses have not been completed and therefore this interrogatory is premature. Discovery is ongoing and Plaintiff objects that the request is premature. Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: ls/ Catherine Sweetser Attorneys for Plainti?fs RESPONSE INTERROGATORIES, SET ONE Case 5 Document 125-4 Filed 11/26/19 Page 154 of 192 Page ID #:3730 1 VERIFICATION 2 i . 3 Omar Arnoldo Rivera Martinez, am a Plaintiff in the within action. I am 4 familiar with the contents of Plaintiff Omar Arnoldo Rivera Martinez?s 5 Responses to Defendant GEO GROUP, Request for-Interrogatories, Set 6 One. It is true of my own knowledge except as to matters which are stated on 7 inform ation and believe, and as to those I believe them to be true. 9 I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 12 Executed on February D, 2019, in "ill Cl PICK Mexico. 15 Omar AJmoldo Rivera Martinez PLAINTIFF OMAR ARNOLDO RIVERA RESPONSES TO DEFENDANT GEO GROUP INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 155 of 192 Page ID #:3731 EXHIBIT 3 5 Case Document 125-4 Filed 11/26/19 Page 156 of 192 Page ID #:3732 1 Rachel Steinback, SBN 310700 Carol A. Sobel, SBN 84483 2 LAW OFFICE OF RACHEL STEINBACK Monique A. Alarcon, SBN 311650 PO. BOX 291253 Avneet S. Chattha, SBN 316545 3 Los Angeles, CA 90029 LAW OFFICE OF CAROL SOBEL 4 213-537-5370 725 Arizona Avenue, Suite 300 213-232-4003 Santa Monica, CA 90401 5 steinbacklaw@gmail.com 310?393?3055 6 carolsobel@aol.com Attorneys for Plainti??fs. monique.alarcon8@gmail.com 7 avneet.chattha7@g1nail.com 8 [Additional Counsel on Following Page] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 1 1 OMAR ARNOLDO RIVERA Case NO. ISAAC ANTONIO 12 LOPEZ JOSUE PLAINTIFF MARVIN VLADIMIR CORTEZ JOSUE OSUE GRANDE 13 MATEO LEMUS RESPONSES TO DEFENDANT MARVIN JOSUE GRANDE THE GEO GROUP, IN 14 ALEXANDER INTERROGATORIES, SET ONE ANTONIO BURGOS MEJ LUIS 15 PENA JULIO CESAR BARAHONA CORNEJ O, as 1 6 individuals, 17 Plaintiffs, 18 v. 19 THE GEO GROUP, Inc., a Florida corporatlun; the ITY OF 20 ADELANTO, a minute] 31 entity; GEO LIE LJTENANT DURA sued In her 21 individual capacn GEO LIEUTENANT AZ, sued in her 22 individual capa01ty; GEO . CAMPOS, sued in 23 individual capaeiot SARAH JONES, sued in her l?diVl ual capacit THE 24 UNITED STATES OF AME 25 and DOES 1-10, individuals, 26 Defendants. 27 28 RESPONSE INTERROGATORIES, SET ONE Case 5: 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 157 of 192 Page ID #:3733 INTERROGATORY O. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY NO. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff reserves the right to supplement this response at a later date. INTERROGATORY O. 1 1: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff has dif?culty sleeping and stress and anxiety from the assault and use of force against him. He also has ongoing headaches and feelings of desperation. Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. RESPONSE INTERROGATORIES, SET ONE Case 5: i??b?lHH18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 158 of 192 Page ID #:3734 ignored for one or two days. Plaintiff also notes that there is a list of demands that was given to the guards and incorporates that list by reference. A copy of that list has been provided at P000199-200. INTERROGATORY O. 25: Please state all facts in support of your conspiracy claim. RESPONSE TO INTERROGATORY NO. 25: Plaintiff incorporates his general objections. Plaintiff objects to this interrogatory to the extent that it calls for all facts about Plaintiffs? claims. ?State all facts? interrogatories of this kind are unduly burdensome, harassing, overly broad, and an improper use of the discovery process. See IBP, Inc. v. Mercantile Bank of Topeka, 179 F.R.D. 316, 321 (D. Kan. 1998) (providing ?every fact? could require ?laborious, time consuming analysis, search and description of incidental, secondary, and perhaps irrelevant and trivial details?). See also Safeco of America v. Rawstron, 181 F.R.D. 441, 447-48 (CD. Cal. 1998); Roberts v. Heim, 130 F.R.D. 424, 427?28 (N.D. Cal. 1989) (same). Plaintiff further objects that this interrogatory is compound, overly broad and vague and ambiguous. Plaintiff further objects on the ground that this interrogatory calls for a legal conclusion and on the ground that the information requested is in the possession of the Defendants. Further, the depositions of the defendant of?cers and other witnesses have not been completed and therefore this interrogatory is premature. Discovery is ongoing and Plaintiff objects that the request is premature. Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL RESPONSE INTERROGATORIES, SET ONE Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 159 of 192 Page ID #:3735 SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: Catherine Sweetser Attorneys for Plaintiffs RESPONSE INTERROGATORIES, SET ONE Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 160 of 192 Page ID #:3736 1 VERIFICATION 2 3 1, Marvin Grande Rodriguez, am a Plaintiff in the Within action. I am 4 familiar with the contents of Plaintiff Marvin Grande Rodriguez?s Responses to Defendant GEO GROUP, Request for Interrogatories, Set One. It is true of my own knowledge except as to matters which are stated on information and believe, and as to those I believe them to be true. I I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 1 1 12 Executed on May 1.720: 2019, in Oakland, CaliforniaPLAINTIFF JOSE BLADIMIR CORTEZ RESPONSES-TO DEFENDANT GEO GROUP INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 161 of 192 Page ID #:3737 EXHIBIT 36 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 162 of 192 Page ID #:3738 Rachel Steinback, SBN 310700 LAW OFFICE OF RACHEL STEINBACK PO. Box 291253 Los Angeles, CA 90029 213?537?5370 213-232-4003 steinbacklaw@gmail.com Attorneys for Plainti??s. [Additional Counsel 0n Following Page] Carol A. Sobel, SBN 84483 Monique A. Alarcon, SBN 311650 LAW OFFICE OF CAROL SOBEL 725 Arizona Avenue, Suite 300 Santa Monica, CA 90401 310?393?3055 carolsobel@aol.com monique.alarcon8@gmail.com UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA ISAAC ANTONIO LOPEZ JOSUE VLADIMIR CORTEZ OSUE MATEO LEMUS MARVIN JOSUE GRANDE ALEXANDER ANTONIO BURGOS LUIS PENA JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, V. THE GEO GROUP, Inc., a Florida corporation; the CITY OF . ADELANTO, a 11111111le3151] entity; GEO LIEUTENANT DURA sued 1n her individual capacit LIEUTENANT sued in her individual on acity; GEO SERGEAN CAMPOS, sued in his individual capacit SARAH JONES, sued in her indivi ual capacit Tl UNITED STATES OF ANIE and DOES l-lO, individuals, Defendants. Case No. PLAINTIFF ISAAC ANTONIO LOPEZ RESPONSES TO DEFENDANT THE GEO GROUP, INTERROGATORIES, SET ONE RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 163 of 192 Page ID #:3739 INTERROGATORY NO. 9: Identify any injuries you contend you still have, which you attribute to the incident which gave rise to this action, including a description of its present status, its frequency, and its duration. RESPONSE TO INTERROGATORY NO. 9: Plaintiff still has back pain. It ranges from his neck to the middle of his back and is at a scale of 6 on the pain scale almost daily. He feels more pain when he walks or stands for long periods of time. INTERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY NO. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff reserves the right to supplement this response at a later date. INTERROGATORY NO. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 164 of 192 Page ID #:3740 y?A 11 disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Isaac feels anxious and afraid whenever he sees someone in uniform, as it brings back memories of when he was detained and he fears going back. His heart races, he feels faint, and he freezes. While detained at Adelanto, Plaintiff was seen by a before the incident for anxiety and panic attacks he suffered when con?ned in small places. Plaintiff also saw the after the incident for an evaluation during his ongoing hunger strike. Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. INTERROGATORY NO. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY O. 12: Plaintiif incorporates his general objections. Plailltill ?inner cuj ects to Luis interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated to the injuries suffered in the incident. Plaintiff further objects that the records of his medical treatment in the facility are more readily available to Defendant than to Subject to those objections, Plaintiff responds as follows: Plaintiff has not seen any providers since leaving the facility. Plaintiff did see providers in the facility, and Defendant has those records equally available to them. 5: 18-CV-01 125-R-GJS RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 165 of 192 Page ID #:3741 interrogatory to the extent that it calls for all facts about Plaintiffs? claims. ?State all facts? interrogatories of this kind are unduly burdensome, harassing, overly broad, and an improper use of the discovery process. See IBP, Inc. v. Mercantile Bank of Topeka, 179 F.R.D. 316, 321 (D. Kan. 1998) (providing ?every fact? could require ?laborious, time consuming analysis, search and description of incidental, secondary, and perhaps irrelevant and trivial details?). See also Safeco of America v. Rawsz?ron, 181 F.R.D. 441, 447-48 (CD. Cal. 1998); Roberts v. Heim, 130 F.R.D. 424, 427?28 (ND. Cal. 1989) (same). Plaintiff further objects that this interrogatory is compound, overly broad and vague and ambiguous. Plaintiff further objects on the ground that this interrogatory calls for a legal conclusion and on the ground that the information requested is in the possession of the Defendants. Further, the depositions of the defendant of?cers and other witnesses have not been completed and therefore this interrogatory is premature. Discovery is ongoing and Plaintiff objects that the request is premature. Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: ls/ Catherine Sweetser Attorneys for Plaintiffs RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 166 of 192 Page ID #:3742 1 2 3 1, Isaac Antonio Lopez Castillo, am a Plaintiffin the within action. I am 4 familiar with the contents of Plaintiff Isaac Antonio Lopez Castillo?s Responses from matalr'teg 5 to Defendant (1le GROUP, lNC.?s .asmm . - Set 6 One. It is true of my own knowledge except as to matters which are stated on 7 information and believe, and as to those I believe them to be true. 9 I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 12 Executed on 2019, in [05? ??f?dlts ,California. 15 lsaac Antonio Lopez Castillo LOPEZ, RESPONSES TO DEFENDANT OEO GROUP REQUEST FOR PRODUCHON OF SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 167 of 192 Page ID #:3743 EXHIBIT 37 Case 5' Document 125-4 Filed 11/26/19 Page 168 of 192 Page ID #:3744 Rachel Steinback, SBN 310700 LAW OFFICE OF RACHEL STEINBACK PO. Box 291253 Los Angeles, CA 90029 213?537?5370 213-232-4003 steinbacklaw@gmail.com Attorneys for Plainti?s. [Additional Counsel on Following Page] Carol A. Sobel, SBN 84483 Monique A. Alarcon, SBN 311650 LAW OFFICE OF CAROL SOBEL 725 Arizona Avenue, Suite 300 Santa Monica, CA 90401 310?393?3055 carolsobel@aol.com monique.alarcon8@grnai1.com UNITED STATES DISTRICT COURT OMAR ARNOLDO RIVERA ISAAC ANTONIO LOPEZ JOSUE VLADIMIR CORTEZ JOSUE MATEO LEMUS MARVIN OSUE GRANDE ALEXANDER ANTONIO BURGOS LUIS PENA JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, V. THE GEO GROUP, Inc., a Florida cor oration; the CITY OF A ELANTO, a munici Jal entity; GEO LIEUTENANT DURA sued in her individual capaelt GEO LIEUTENANT AZ, sued in her individual capaeny; GEO . . SERGEANT CAMPOS, sued 1n h1s individual capacit SARAH JONES, sued in her indivi ual capaelt UNITED STATES OF AME and DOES 1-10, individuals, Defendants. CENTRAL DISTRICT OF CALIFORNIA Case No. PLAINTIFF OSUE MATEO LEMUS RESPONSE TO DEFENDANT THE GEO GROUP, 811858 INTERROGATORIES, SET RESPONSE INTERROGATORIES, SET ONE Case 5 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 169 of 192 Page ID #:3745 INT ERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY O. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff is still suffering from emotional distress due to the incident and from headaches. Plaintiff objects that it is premature to identify experts at this time. INTERROGATORY NO. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO IN TERROGATORY O. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff is suffering from stress and anxiety due to the incident; he has trauma from the incident and fears being detained again. He has also had headaches stemming from the incident. Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. 125-R-GJ RESPONSE INTERROGATORIES, SET ONE Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 170 of 192 Page ID #:3746 Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: ls! Catherine Sweetser Attorneys for Plainti?fs 00 RESPONSE INTERROGATORIES, SET ONE Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 171 of 192 Page ID #:3747 1 VERIFICATION I, Mateo Lemus Campos, am a Plaintiff in the within action. I am familiar with the contents of Mateo Lemus Campos? Responses to Defendant GEO GROUP, Request for Interrogatories, Set One. It is true of my own knowledge except as to matters which are stated on information and believe, and as to those I believe them to be true. I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 1 1 12 Executed on April 2019, in Los Angeles, CaliforniaPLAINTIFF JOSE BLADIMIR CORTEZ RESPONSES TO DEFENDANT GEO GROUP INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 172 of 192 Page ID #:3748 EXHIBIT 3 8 Case Document 125-4 Filed 11/26/19 Page 173 of 192 Page ID #:3749 Rachel Steinback, SBN 310700 LAW OFFICE OF RACHEL STEINBACK PO. Box 291253 Los Angeles, CA 90029 213-537-5370 213-232-4003 steinbacklaw@gmai1.com Attorneys for Plainrz?fs. OMAR ARNOLDO RIVERA ISAAC ANTONIO LOPEZ JOSUE VLADIMIR CORTEZ JOSUE MATEO LEMUS MARVIN OSUE GRANDE ALEXANDER ANTONIO BURGOS LUIS PENA JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, V. THE GEO GROUP, Inc. a Florida corporation; the CITY 0 ADELANTO, a muniei 'J?i entity; GEO LIEUTENANT DURAN, sued in her individual eapacitv; GEO . LIEUTENANT AZ, sued 1n her individual ea acity; GEO SERGEAN sued in his individual capacit SARAH JONES. sued in her indwi ual capaCit THE UNITED STATES OF AME and DOES 1-10, individuals, Defendants. [Additional Counsel on Following Page] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Carol A. Sobel, SBN 84483 Monique A. Alarcon, SBN 311650 LAW OFFICE OF CAROL SOBEL 725 Arizona Avenue, Suite 300 Santa Monica, CA 90401 310-393-3055 carolsobel@aol.com monique.alarcon8@gmail.com Case No. PLAINTIFF JULIO CESAR BARAHONA CORNEJO RESPONSE TO DEFENDANT THE GEO GROUP, INTERROGATORIES, SET ONE RESPONSE INTERROGATORIES, SET ONE Case 5 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 174 of 192 Page ID #:3750 RESPONSE TO INTERROGATORY NO. 9: Plaintiff still suffers from knee pain in the cold or while walking. IN TERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY NO. 10: Plaintiff incorporates his general objections. Plaintiff ?lrther objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff intends to see a doctor for his knee but has not yet done so. INTERROGATORY NO. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff still has emotional distress from the incident; he thinks of it often and it is very upsetting. He remembers the pain clearly and being defenseless, and seeing and hearing his friends their pain. The memories come back to him RESPONSE INTERROGATORIES, SET ONE Case 5 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 175 of 192 Page ID #:3751 repeatedly and frequently. Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. INTERROGATORY NO. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 12: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated to the injuries suffered in the incident. Plaintiff further objects that the records of his medical treatment in the facility are more readily available to Defendant than to Subject to those objections, Plaintiff responds as follows: Plaintiff has not seen a medical professional regarding this incident since he left the facility. INTERROGATORY O. 13: Please identify, by health care provider, date of service, amount of charges, amounts paid, and amount all special damages for health care treatment that you contend are attributable to the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 13: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Discovery is ongoing and Plaintiff may supplement these responses at a later date. Subject to those objections, Plaintiff responds as follows: RESPONSE INTERROGATORIES, SET ONE Case Document 125-4 Filed 11/26/19 Page 176 Of 192 Page ID #:3752 Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP LAW OFFICE OF ANDERSON-BARKER LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN By: 1?3! Catherine Sweetser Attorneys for Plaintiff? 00 RESPONSE INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 177 of 192 Page ID #:3753 3 3 l, Julio Cesar Buruhontt C?ornejo, um 21 Plaintiff in the within action. I am 4 familiar with the contents of" Plaintiff Julio Cesar Barahena Cornejo?s 5 Responses to Defendant GEO GROUP, Request for lnterrogatories, Set 6 One. It is true ot? my own knowledge except as to matters which are stated on 7 information and believe, and as to those I believe them to be true. 9 I declare under penalty of perjury under the laws the State of Califomla that 10 the foregoing is true and correct. mar? 13 Executed on . 2019, Mum/(3mm Cahl?omta. 14 it; Julio Cesar??arahona Comejo PLAINTIFF CESAR CORN RESPONSES TO DEFENDANT GEO GROUP SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 178 of 192 Page ID #:3754 EXHIBIT 39 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 179 of 192 Page ID #:3755 Rachel Steinback, SBN 310700 LAW OFFICE OF RACHEL STEINBACK PO. Box 291253 Los Angeles, CA 90029 213-537-5370 213-232-4003 (6) steinbacklaw@gmail.com Attorneys for Plainti?fs'. [Additional Counsel on Following Page] Carol A. Sobel, SBN 84483 Monique A. Alarcon, SBN 311650 LAW OFFICE OF CAROL SOBEL 725 Arizona Avenue, Suite 300 Santa Monica, CA 90401 310?393?3055 carolsobel@aol.com monique.alarcon8@gmail.com UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA ISAAC ANTONIO LOPEZ JOSUE VLADIMIR CORTEZ JOSUE MATEO LEMUS MARVIN JOSUE GRANDE ALEXANDER ANTONIO BURGOS I LUIS PENA JULIO CESAR BARAHONA CORNEJO, as individuals, Plaintiffs, V. THE GEO GROUP, Inc, a Florida corporation; the CITY OF ADELANTO, a munlcnal entity; GEO .DURA sued In her individual ca acit GEO LIEUTENA AZ, sued in her individual capac1ty; GEO . . SERGEANT AMPOS, sued 1n individual capacit SARAH JONES, sued in her indivi ual capacu THE UNITED STATES OF AME IC and DOES 1-10, individuals, Defendants. Case No. PLAINTIFF OSUE VLADIMIR CORTEZ RESPONSES TO DEFENDANT THE GEO GROUP, INTERROGATORIES, SET RESPONSE INTERROGATORIES, SET ONE Case 5' 18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 180 of 192 Page ID #:3756 INTERROGATORY NO. 9: Identify any injuries you contend you still have, which you attribute to the incident which gave rise to this action, including a description of its present status, its frequency, and its duration. RESPONSE TO INTERROGATORY NO. 9: Plaintiff still has headaches once or twice a week and nightmares about the incident roughly twice a month. The headaches sometimes are severe enough to make him nauseous. INTERROGATORY NO. 10: If you contend that you will require any future health care treatment as a result of the incident that is the subject of this litigation, please identify all medical providers and/or witnesses who support your contention. RESPONSE TO INTERROGATORY O. 10: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for expert disclosures. Subject to those objections, Plaintiff responds as follows: Plaintiff reserves the right to update this response at a later date. IN TERROGATORY NO. 11: If you contend that you sustained emotional injuries as a result of the incident that is the subject of this litigation, please describe the nature of the emotional distress or injury, the date and time when it was ?rst experienced, and the name and address of every counselor, therapist, or social worker from whom he sought or obtained assistance. RESPONSE TO INTERROGATORY NO. 11: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory to the extent it calls for information that will be the subject of expert RESPONSE INTERROGATORIES, SET ONE Case 5: 18?cv-01125-SP Document 125-4 Filed 11/26/19 Page 181 of 192 Page ID #:3757 disclosures. Plaintiff further objects that he is claiming only garden variety emotional distress and thus the information sought in this interrogatory is not proportional to the needs of the case. Subject to those objections, Plaintiff responds as follows: Plaintiff has not seen a mental health professional regarding this incident since the he saw in the facility. Plaintiff saw the multiple times in the facility. IN TERROGATORY NO. 12: Please identify, by name, address, and reason for treatment, all health care providers who have provided you with treatment of any kind since the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 12: Plaintiff incorporates his general objections. Plaintiff further objects to this interrogatory on the ground of relevance, as overly broad and unduly burdensome, and to the extent it interrogatory calls for private and con?dential medical information. Plaintiff objects to providing records of medical treatment unrelated to the injuries suffered in the incident. Plaintiff further objects that the records of his medical treatment in the facility are more readily available to Defendant than to Subject to those objections, Plaintiff responds as follows: Plaintiff has not obtained health care treatment outside the facility. INTERROGATORY NO. 13: Please identify, by health care provider, date of service, amount of charges, amounts paid, and amount all special damages for health care treatment that you contend are attributable to the incident that is the subject of this litigation. RESPONSE TO INTERROGATORY NO. 13: Plaintiff incorporates his general objections. Plaintiff further objects that this interrogatory calls for expert disclosures and conclusions prior to the time for RESPONSE INTERROGATORIES, SET ONE Case 5'18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 182 of 192 Page ID #:3758 1 Further, the depositions of the defendant of?cers and other witnesses have not been 2 completed and therefore this interrogatory is premature. 3 Discovery is ongoing and Plaintiff objects that the request is premature. 4 5 6 Dated: February 8, 2019 LAW OFFICE OF RACHEL STEINBACK 7 LAW OFFICE OF CAROL A. SOBEL SCHONBRUN SEPLOW HARRIS HOFFMAN LLP 8 LAW OFFICE OF ANDERSON-BARKER 9 LAW OFFICE OF MATTHEW STRUGAR LAW OFFICE OF COLLEEN 10 11 By: Catherine Sweetser 12 Attorneys for Plaintiffs RESPONSE INTERROGATORIES, SET ONE Case 5:18-ov-01125-SP Document 125-4 Filed 11/26/19 Page 183 of 192 Page ID #:3759 1 VERIFICATION 2 3 I, os? Bladimir Cort?z Diaz, am a Plaintiff in the within action. I am 4 familiar with the contents of Plaintiff Jos? Bladimir Cort?z Diaz?s Responses to 5 Defendant GEO GROUP, Request for Interrogatories, Set One. It is 6 true of my own knowledge except as to matters which are stated on information and 7 believe, and as to those I believe them to be true. 8 9 I declare under penalty of perjury under the laws the State of California that 10 the foregoing is true and correct. 1 1 12 Executed on February?i, 2019, in Fillmore, California. 13 14 15 Josv? Blaaimir Cort?z Diaz PLAINTIFF JOSE BLADIMIR CORTEZ RESPONSES TO DEFENDANT GEO GROUP INTERROGATORIES, SET ONE Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 184 of 192 Page ID #:3760 EXHIBIT 4O Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 185 of 192 Page ID #:3761 1 2 a J 4 5 6 7 Susan E. Coleman EGE fiVtr BN 171832 ) bwsl aw.com E-mail: SBN 268 1 88) Kristina Doan com E-mail: BN 291941 ) Carmen M. .com E-mail: & SORENSEN , LLP B Flower Street, Suite 2400 444 Los Anseles. CA 9007t-2953 Tel: 21i.236.0600 Fax: 2t3.236.2700 JUL 2 2019 D Attornevs for Defendants TFTE GEO GROI.]P, INC., DIAZ, CAMPOS, CITY OF ADELANTO and DURAN 8 9 LTNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 t2 13 t4 15 T6 17 8-cv-01 125-R-GJS DEFENDANT GEO GROUP, INC.'S SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS, SET FOUR Judge: Honorable R. Gary Klausner Plaintiffs, t9 V 20 TT{E GEO GRO tIP, Inc., a Florida corporation; the CITY OF 22 ADELANTO, a LIEUTENANT individual 23 individual 24 ac individual sued in her LINITED STATES and DOES 1-10, individuals, 25 5:I individuals, 18 21 Case No. OMAR ARNOLDO RIVERA MARTINEZ: ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DTAZ; JOSUE MATEO LEMUS CAMPOS; MARVIN JOSUE GRANDE RODRIGUEZ: ALEXANDER ANTONIO BURGOS MEJIA; LUIS PENA GARCIA; JULIO CESAR BARAHONA CORNEJO, as sued in his JONES, SERG 26 TI{E CA; Defendants. 27 28 BURKE, WILLIAMS & SoRENSEN, LLP LA#4815-5943-4651 ATToRNEYS AT LAW 05788-0035 Los ANGELES vl 1 5:18-CV-01125-R-GJS GEO GROUP'S SUPP RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, SET Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 186 of 192 Page ID #:3762 Except for explicit facts admitted herein, no admissions of any nature 1 2 whatsoever are implied or should be inferred. The defendants reserve the right to J a refer to, conduct discovery with reference to, or offer into evidence at trial any and 4 all such witnesses, facts and evidence, notwithstanding the absence of reference to 5 such witnesses, facts and evidence in these responses. Finally, because some 6 these responses may have been ascertained by defendants' attorneys and 7 investigators, defendants may not have personal knowledge of the information from 8 which such responses were derived. This preliminary statement is incorporated into each of the responses set 9 10 forth below. Defendants' investigation of this matter is continuing and they, 11 accordingly, reserve the right to update, or amend, this response as further and/or t2 more specific information is acquired and also reserves the right to supplement this 13 response at alater time. I4 REOUEST NO. 79: l5 Any and all documents and/or records relating to daily logs and/or l6 summaries and/or volume measurements of each OC Spray canister canied by T7 LieutenantDiaz andlor Sergeant Campos from Muy 12,2017 to June 13,2017 18 RESPONSE TO REOT]EST NO. 79: t9 Objections: This request is vague and ambiguous . as to the terms "records 20 related to daily logs," "summaries," and "volume measurements," and overbroad 2t to time and scope. This request seeks information which is irrelevant and unlikely 22 to lead to the discovery of admissible evidence. This request assumes facts not in 23 evidence and, thus, lacks foundation. This request is harassing, unduly burdensome 24 and oppressive. This request is compound. follows: To the extent that there are responsive, non-privileged documents from 26 as 27 June 12,2017 , related to the OC spray canisters carried by Lt. Diaz and Sgt. 28 Campos during the incident, Defendant BURKE, WILLIAMS SoRENSEN, LLP ATToRNEYS AT LAw & as Subject to and without waiving the foregoing objections, Defendant responds 25 LOS ANCEI-ES of will produce them. LA#4sts.se43-465rvr -30s788-003s cEocRouprr?rifiiX;0,tJi,t$r"i3 ILAINTIFFS,REeUEST FORIRODUCTION, Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 187 of 192 Page ID #:3763 I AL RESPONSE TO REOUEST NO. 79: S Objections: This request is vague and ambiguous as to the terms "records 2 J a related to daily logs," "summaries," and "volume measurements," and overbroad as 4 to time and scope. This request seeks information which is irrelevant and unlikely 5 to lead to the discovery of admissible evidence. This request assumes facts not in 6 evidence and, thus, lacks foundation. This request is harassing, unduly burdensome 7 and oppressive. This request is compound. Subject to and without waiving the foregoing objections, Defendant responds 8 9 as follows: After diligent search and a reasonable inquiry were made in an effort to 10 comply with this demand, Defendant GEO was unable to locate any responsive 11 materials. t2 REOI]EST NO. 80: Any and all documents and/or records relating to each Lieutenant's (also 13 I4 known as "watch commander" or "shif[ supervisor") end-of-shift reports that are 15 completed at the end of each shift and saved in GEO Group's records from May 12, l6 2017 to July 12,2017. t7 RESPO SE TO REOUEST NO. 80: l8 Objections: This request is vague and ambiguous, and overbroad as to time I9 and scope. This request seeks information which is irrelevant and unlikely to lead 20 to the discovery of admissible evidence. This request assumes facts not in evidence 2I and, thus, lacks foundation. Subject to and without waiving the foregoing objections, Defendant responds 22 follows: To the extent that there are responsive, non-privileged "end-of-shift 23 as 24 reports" dated June 12,2017, that are related to the incident, Defendant will 25 produce them. 26 27 28 BURKE, WILLIAMS SoRENSEN, LLP ATToRNEYS AT Los ANcEr LAw Es & vt 0s788_0035 LA#4sts_5s43_465t ^ -4- S:19_CV_01125_R_GJS ,ro^ro*r3rgs%ffi1iTJ.Hf33il:??Jg Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 188 of 192 Page ID #:3764 I Subject to and without waiving the foregoing objections, Defendant responds follows: Defendant GEO refers Plaintiffs to Bates stamp nos.: GEO 05199- 2 as J 05207, which consists of non-privileged "communications between dorm officers 4 and Command Staff regarding daily logs taken at the 'East 5 Processing Center" dated June 12,2017. 2-C' dorm at Adelanto 6 7 Dated: July 10,2019 BIIRKE, WILLIAMS & SORENSEN, LLP 8 By: 9 usan eman Kristina Doan Strottman Carmen M. Aguado t0 11 Attorneys for Defendants TI-IE GEO GROUP, INC., DIAZ. CAMPOS, CITY OF ADELANTO and DTIRAN t2 13 t4 15 t6 T7 t8 l9 20 2l 22 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP ATToRNEYS AT LAw Los ANcEt-Es LAfl48l5-5943-4651 v1 0578 8-003 5 -8- 5:18-CV-01125-R-GJS GEO GROUP'S SUPP RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION, Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 189 of 192 Page ID #:3765 EXHIBIT 41 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 190 of 192 Page ID #:3766           Nicole Ramos Project Director Border Rights Project _____________________________________________________________________________________   July 5, 2017 U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Compliance Branch 245 Murray Lane, SW Building 410, Mail Stop #0190 Washington, D.C. 20528 RE: Omar Arnoldo Rivera Martinez (A#213-081-649) Josue Mateo Lemus Campos (A#213-078 -965) Dear CRCL Compliance Branch Officer: I represent Omar Rivera Martinez and Josue Mateo Lemus Campos, two Salvadoran asylum seekers now detained in the Adelanto Detention Facility. I write now to request that your office immediately investigate unlawful retaliation taken against my clients, subsequent to my filing of two Civil Rights Civil Liberties complaints with your office on June 22, 2017. Background Since filing two Civil Rights complaints against the Adelanto Detention Facility and ICE, counsel’s telephone number has been blocked, thus preventing Mr. Rivera Martinez and Mr. Lemus Campos from communicating with counsel. This block took effect on or around June 30, 2017. Counsel learned of the block only after Mr. Rivera Martinez contacted another member of the legal advocacy team. Attached please find a recording of Mr. Rivera Martinez’s statement regarding the block. Steps Taken By Counsel to Resolve the Problem & Response of the Institutional On July 1, 2017, counsel contacted TelMate, the company that provides payphone service to the Adelanto Detention Facility. After speaking with a TelMate representative, counsel learned that the block placed on counsel’s telephone number originated with the institution. Nicole Ramos Project Director Al Otro Lado Border Rights Project 511 E. San Ysidro Blvd. # 333 San Ysidro, California 92173 664-526-0145 (MX) 619-786-4866 (USA) Fax 619-202-7752 nicole@alotrolado.org alotrolado.org   P000158 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 191 of 192 Page ID #:3767           Nicole Ramos Project Director Border Rights Project _____________________________________________________________________________________   Following, counsel contacted the Adelanto Detention Facility, and was advised that the only reason that the facility would place a block on counsel’s telephone number would be if counsel had initiated a three-way conference call with a third party. However, counsel advised the attending officer that counsel is aware of the rule against three-way telephone calls, and had, at no point, initiated such a call. Counsel was then advised to contact the facility on Monday and to speak with someone in the security department. On Monday, July 3, 2017, counsel spoke with Lieutenant Belt of the Adelanto Detention Facility regarding the block. Lieutenant Belt advised counsel that the facility would investigate the block, and that someone would respond to counsel’s complaint regarding this issue. Later, on July 3, 2017, counsel received a voicemail message from Lieutenant Belt stating that he was not authorized to discuss this matter further, and that counsel must seek resolution by contacting ICE, the Office of Chief Counsel, or the Warden’s Office. This response is particularly perplexing given that Lieutenant Belt’s department within the facility is charged with the authority and responsibility of placing blocks on detainee telephone accounts. On July 5, 2017, counsel left a voicemail for Lieutenant Belt to clarify the facility’s position regarding its inability to respond to counsel’s request for information. As of the time of this filing, counsel has not received a response. Following, counsel contacted the Adelanto Detention Facility and requested to speak with the warden or the warden’s assistant. “Joanne” who declined to provide her full name, but did indicate that she worked for the warden, advised that no one at the facility could respond to counsel’s inquiry, and that counsel must contact ICE. Counsel explained to “Joanne” that, per Telmate, the block originated with the facility. However, “Joanne” was clear— that any block on counsel’s telephone number must be resolved through ICE. Following, counsel emailed Assistant Field Office Director, Gabriel Valdez and Deportation Officer, Chris Barth, regarding the block on counsel’s telephone number. As of the time of this filing counsel has not received any response to counsel’s inquiry and request to remove the block. Investigation & Action Steps Requested This interference with attorney-client communication is unacceptable, and violates the Orantes injunction. Under Orantes, ICE is required to ensure the privacy of attorney-client Nicole Ramos Project Director Al Otro Lado Border Rights Project 511 E. San Ysidro Blvd. # 333 San Ysidro, California 92173 664-526-0145 (MX) 619-786-4866 (USA) Fax 619-202-7752 nicole@alotrolado.org alotrolado.org   P000159 Case 5:18-cv-01125-SP Document 125-4 Filed 11/26/19 Page 192 of 192 Page ID #:3768           Nicole Ramos Project Director Border Rights Project _____________________________________________________________________________________   communications, to refrain from taking measures which impede access to counsel, and to ensure adequate telephone access to counsel. Mr. Rivera Martinez and Mr. Lemus Campos have been blocked from contacting counsel for six days. Counsel requests immediate action; specifically that ICE and Adelanto Detention Facility be directed to immediately remove the block on counsel’s telephone number, and to desist in further retaliatory conduct. Counsel further requests immediate investigation into the facility’s decision to block counsel’s phone number. It is concerning that this action comes after counsel filed a Civil Rights complaint against ICE and the facility in connection with an attack of Mr. Rivera Martinez and Mr. Lemus Campos by GEO guards on June 12, 2017. Finally, counsel requests that Mr. Rivera Martinez and Mr. Lemus Campos be released immediately on humanitarian parole. Both continue to face retaliation, and are not safe in detention, particularly now that access to counsel has been blocked. Respectfully, Nicole Ramos     Nicole Ramos Project Director Al Otro Lado Border Rights Project 511 E. San Ysidro Blvd. # 333 San Ysidro, California 92173 664-526-0145 (MX) 619-786-4866 (USA) Fax 619-202-7752 nicole@alotrolado.org alotrolado.org   P000160