Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 1 of 628 Page ID #:1898 EXHIBIT I Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 2 of 628 Page ID #:1899 se® . ( Adelanto ICE Processing Center I. POLICY and PROCEDURE MANUAL CHAPTER: Special Management Detainees TITLE: Restrictive Housing Units (formerly Special Management-Segregation) NUMBER: 10.2.11 SUPERSEDES: 06/12/2017 RELATED ACA STANDARDS: 4-ALDF-2A-45, 2A48, 2A-51- 2A-54, 2A-56-2A-64 PURPOSE To describe the operational standards for housing detainees in administrative and disciplinary housing status while confined in the facility. II. POLICY It is the policy of the facility to maintain safe, secure housing for detainees who require protection or whose behavior indicates they require more physical controls than are available in typical housing units in the facility. Ill. DEFINITIONS A . Adminis trative Segregation- A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, other detainees, or staff or to the security or orderly running of the facility. B. Disciplinary Hearing - Non-judicial administrative procedure to determine whether substantial evidence supports finding a detainee guilty of a rule violation. C. Disciplinary Segregation - Confinement in a cell removed from the general population after a serious violation of facility rules. D. Institutional Disciplinary Panel (lOP) - Review board responsible for conducting disciplinary hearings and imposing sanctions for cases of detainee misconduct referred for disposition following the hearing. The lOP is usually comprised of a Hearing Officer and representatives of different departments in the facility. E. Administration Close Custod y (ACC) -Administrative segregation for the detainee's own safety. The facts associated with the need for this status must be fully documented. F. Segregation - Confinement in a cell isolated from the general population; for administrative disciplinary or protective reasons. G. Restrictive Housing Unit (RHU)- A housing unit for detainees in administrative or disciplinary segregation. IV. PROCEDURES The facility will operate a locked or secure housing unit that will constitute its prime resource for detainees who are unmanageable, present a threat to themselves or others, or who for other reasons require protection or removal from the general population. A. Conditions of Confinement Restrictive housing units provide living conditions that approximate those of the general detainee population. All exceptions are clearly documented. Restricted cells/rooms permit the detainees assigned to them to converse with and be observed by staff members. Cells/rooms used for segregation encompass at least 70 square feet of floor area of which 35 square feet is unencumbered. [4-ALDF-2A-51) Conditions of confinement in the locked unit will reflect the least restrictive amount of control necessary to adequately supervise and safeguard detainees and staff. Whenever an emergency arises that requires variance from approved conditions on a temporary basis, such as deprivation of otherwise approved items, an immediate report will be made to the Facility Administrator. [4-ALDF-2A-58] Page 1 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01969 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 3 of 628 Page ID #:1900 se® (" It t n POUCYANDPROCEDUREMANUAL D I IIIJOII CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) A detainee will not be held in the unit without clothing, a mattress, blankets, and a pillow, except when prescribed for medical or psychiatric reasons. If a detainee is so seriously disturbed that he or she is likely to destroy clothing or bedding or create a disturbance that would be serious detrimental to others, medical staff will be notified immediately and a regimen of treatment and control will be instituted with the concurrence of the medical department. B. Medical Assessment Prior to an inmate or detainee being assigned into Restrictive housing for Administrative Detention , Protective Custody, or Disciplinary Restriction a health evaluation WILL BE performed by a licensed health care provider. Unless medical attention is needed more frequently, each detainee in segregation receives a daily visit from a health care provider. The presence of a health care provider in segregation is announced and recorded. The health authority determines the frequency of physician visits to segregation on a as needed. [4-ALDF-2A-45] A mental health professional will be immediately consulted if medically indicated. A mental health practitioner/provider will complete a mental health appraisal and prepare a written report on all inmates placed in restricted housing within 7 days of placement. If confinement continues beyond 30 days, a mental health assessment will be made by a qualified mental health professional each 30 days. For confidentiality purposes the evaluation will be conducted out of the cell in a private setting. The assessment shall include a personal interview and the preparation of a written report copy provided to the Facility Administrator and the status review committee referenced above. More frequent reviews and assessments may be required if prescribed by the chief mental health authority. For inmates/detainees without behavioral health disorder, an assessment will be completed every 90 days or more frequently if clinically indicated. This mental health assessment will be submitted to the Facility Administrator in a written report (utilizing Detention/Segregation Mental Health 30Day Review Form OPR-624) for each individual detainee. C. Operating Procedures All GEO staff members, contractors, ICE personal and other visitors entering the Restrictive housing units, and who are assigned to work in the Restrictive housing unit, will sign the Visitor's Logbook documenting the date, time and reason for their visit. This includes detention officer's relieving the assigned staff member for breaks or lunch/dinner. Any detainee movement out of a cell will be in restraints. The restraints will be removed only when the detainee is in a secure enclosure, such as a recreation area, shower, etc. High security cells will be specially marked with a notice to designate that a two-officer rule is in operation for the occupant. That cell will only be opened with two officers present. Two officers will remain in the RHU area during the out of cell time for that detainee. High security designations will be made in selected cases. Staff may make a recommendation for such action through their supervisor. The Facility Administrator or the Facility Administrator's designee will make the final decision. Staff will personally observe every detainee at least every thirty minutes on an irregular schedule and document the checks in their logbook as well as completing the seg 30 minute check form. Detainees who are violent or mentally disordered or who demonstrate unusual or bizarre behavior receive more frequent observation. Suicidal detainees are under continuous observation until seen by a mental health professional. Subsequent supervision routines are in accordance with that ordered by the mental health professional. [4ALDF-2A-52] Page 2 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01970 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 4 of 628 Page ID #:1901 Ge® ,. cr oru Dt f POLICY AND PROCEDURE MANUAL nt10r CHAPTER: Special Management Detainees Ad elanto ICE Process ing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) D. Placement in Administrative Segregation Administrative Segregation status is a non-punitive status in which restricted conditions of confinement are required only to ensure the safety of detainees or others, the protection of property, or the security or good order of the facility. For matters of safety and security, staff may have to take immediate action to control a detainee, including placement in Administrative Segregation. Examples include detainees who require Administrator Close Custody, who cannot be placed in the general population because they are en route to another facility ("holdovers"), who are awaiting a disciplinary hearing, or who require separation for medical reasons. 1. Prior to the detainee's placement in administrative segregation, the Facility Administrator or designee and the Classification Officer will review the case to determine whether administrative segregation is warranted. 2. A detainee may be placed in administrative segregation when the detainee's continued presence in the general population poses a threat to life, property, self, staff, or other detainees; for the secure or orderly operation of the facility; for medical reasons or other circumstances as set forth below. Examples include, but are not limited to the following : a. A detainee is awaiting an investigation or a hearing for a violation of facility rules. Pre-disciplinary hearing detention should be ordered only as necessary to prevent further rules violation(s) or to protect the security and orderly operation of the facility. It is not to be used as a punitive measure. Time served in pre-hearing detention may be deducted from any time ordered by the Institutional Disciplinary Panel (lOP). b. A detainee is a threat to the security of the facility. The Facility Administrator may determine that a detainee's criminal record, past behavior at other institutions, behavior while in Immigration and Customs Enforcement (I.C.E.) detention, or other evidence is sufficient to warrant placing the detainee in administrative segregation . Copies of records supporting this action will be attached to the Administrative Segregation Order. c. A detainee requires protection. A detainee is admitted to Administration Close Custody status when there is documentation that protective custody is warranted and no reasonable alternatives are available. [4-ALDF-2A-46] Administration Close Custody (ACC) may be initiated at the detainee's request or ordered to protect the detainee from harm. Examples include: 1) Victims of detainee assaults; 2) Detainee informants/witnesses - detainees who provide information to the institution staff or any law enforcement agency concerning improper activities by others; 3) Sexual predators; 4) Detainees who have been pressured by other detainees to participate in sexual activity; 5) Detainees who request PC ; 6) Detainees who refuse to enter the general population because of alleged intimidation from other detainees; 7) Detainees who refuse to return to the general population, but who will not provide the reason for refusal; 8) Detainees who appear to be in danger of bodily harm; or 9) Detainees who seek protection, claiming to be former law enforcement officers or to have held sensitive law enforcement position, whether or not there is official information to verify the claim. Page 3 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01971 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 5 of 628 Page ID #:1902 Ge® ( /It t 0/U POLICY AND PROCEDURE MANUAL D r nrton CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) d. The IDP may recommend a detainee be placed in administrative segregation following disciplinary segregation after determining that releasing the detainee into the general population would pose a threat to the security and orderly operation of the facility. However, a subsequent placement in administrative segregation requires an administrative segregation order justifying the placement after the completion of the term served in disciplinary segregation, with the detainee's behavior while in disciplinary segregation being taken into account. A detainee transferred from disciplinary segregation to administrative segregation shall enjoy the same privileges as all others in administrative segregation. e. A medical professional ordering a detainee removed from the general population shall complete and sign the Administrative Segregation Order, unless the detainee will stay in the medical department's isolation/segregation ward. f. A detainee is scheduled for release, removal, or transfer within 24 hours. Such segregation may be ordered for security reasons or for the orderly operation of the facility. E. Administrative Segregation Order A written order shall be completed and approved by a Shift Supervisor before a detainee is placed in administrative segregation, except when exigent circumstances make this impracticable. In such cases, an order shall be prepared as soon as possible. A copy of the order shall be given to the detainee within 24 hours, unless delivery would jeopardize the safety, security, or orderly operation of the facility . 1. The Facility Administrator or the Facility Administrator's designee shall complete the Administrative Segregation Order detailing the reasons for placing a detainee in administrative segregation, before actual placement. 2. In an emergency, the detainee's placement in administrative segregation may precede the paperwork, which the Facility Administrator will prepare as soon as possible. 3. All memoranda, medical reports, and other relevant documents shall be attached to the segregation order. 4. A copy of the completed administrative segregation order will be given to the detainee within 24 hours of placement in administrative segregation, unless delivery would jeopardize the safe, secure, or orderly operation of the facility. 5. The order will remain on file with the Restrictive housing unit (RHU) until the detainee is returned to the general population . 6. When the detainee is released from the RHU, the releasing officer will indicate date and time of release on the Administrative Segregation Order, then forward the completed order to the Classification Officer for insertion into the detainee's detention file. 7. If the segregation is ordered for ACC purposes, the order shall state whether the detainee requested the segregation; also, whether the detainee requests a hearing concerning the segregation. 8. No Administrative Segregation Order is required for a detainee awaiting removal, release, or transfer within 24 hours. Page 4 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01972 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 6 of 628 Page ID #:1903 see c, r 1 ' POLICY AND PROCEDURE MANUAL 1'. 0 ern! on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) F. Review of Detainee Status in Administrative Segregation 1. The RHU review committee, chaired by the Programs Coordinator shall conduct a review within 72 hours of the detainee's placement in administrative segregation to determine whether segregation is still warranted. The review shall include an interview with the detainee. A written record shall be made of the decision and the justification. The Administrative Segregation Review Form will be used for the review. If the detainee has been segregated for the detainee's protection, but not at the detainee's request, the signature of the Facility Administrator or Assistant Facility Administrator is required on the Administrative Segregation Review Form to authorize continued detention. 2. The RHU review committee shall conduct the same type of review after the detainee has spent seven days in administrative segregation, and every week thereafter for the first two months and at feast every 30 days thereafter. The review shall include an interview with the detainee. A written record shall be made of the decision and the justification. [4-ALDF-2A-48, 2A-49). A reviewing authority who concludes a detainee should be removed from Administrative Segregation, submits that recommendation to the Facility Administrator, or designee for approval. 3. A copy of the decision and justification for each review shall be given to the detainee, unless, in exceptional circumstances, this provision would jeopardize security. The detainee shall be given an opportunity to appeal a review decision to a higher authority within the facility. 4. A multi-disciplinary committee of facility staff, including facility leadership, medical and mental health professionals, and security staff, shall meet weekly to review all detainees currently housed in the facility's RHU. During the meeting, the committee shall review each detainee individually to ensure all staff are aware of the detainee's status, current behavior, and physical and mental health, and to consider whether any change in status is appropriate. Upon the request of the Field Office Director, the facility administrator shall permit ICE/ERO personnel to participate in the weekly meetings, either in person or by teleconference. 5. If a detainee has been in administrative segregation for more than 30 days and objects to this status, the Facility Administrator shall review the case to determine whether that status should continue. This review shall take into account the views of the detainee. A written record shall be made of the decision and the justification. A similar review shall take place every 30 days. 6. After seven consecutive days in administrative segregation, the detainee may exercise the right to appeal to the Facility Administrator the conclusions and recommendations of any review conducted. The detainee may use any standard form of written communication, e.g., detainee request, to fife the appeal. G. Conditions of Administrative Segregation (Basic Living Standards} 1. Detainees in administrative segregation shall receive the same general privileges as detainees in the general population, consistent with available resources and security considerations. 2. The quarters used for segregation shall be well ventilated, adequately lit, appropriately heated and maintained in a sanitary condition at all times. All cells must be equipped with beds. 3. The number of detainees confined to each cell or room in administrative segregation should not exceed the capacity for which it was designed. The Facility Administrator may approve excess occupancy, on a temporary basis, if the Facility Administrator finds that the other basic living standards can still be maintained. Page 5 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01973 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 7 of 628 Page ID #:1904 Ge® JI POLICY AND PROCEDURE MANUAL r ntlon f CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) Restrictive housing units provide living conditions that approximate those of the general inmate population . All exceptions are clearly documented. Segregation cells permit the detainees assigned to them to converse with and be observed by staff members. Cells used for segregation encompass at least 70 square feet of floor area of which 35 square feet is unencumbered. 4. Clothing and bedding shall be issued to detainees in restrictive housing. Detainees in RHU will be provided the same opportunity for the exchange of clothing, bedding and linen and for laundry as detainees in the general population. A detainee in segregation may wear normal institutional clothing and shall be furnished a mattress and bedding. A detainee may not be segregated without clothing , mattress, blankets and pillow, except: a. When prescribed by a medical professional for medical or psychiatric reasons. If a detainee is so seriously disturbed that he/she is likely to destroy clothing or bedding, or to create a disturbance putting self or others at risk, the medical department shall be consulted immediately to determine whether a regimen of treatment and control may be instituted. b. When the Shift Supervisor determines the detainee poses a threat to self or property. Exceptions shall occur only when necessary for security purposes, as determined by the Facility Administrator. Any exception, and the reasons, shall be recorded in the housing unit log. 5. Detainees in segregation shall receive three nutritionally adequate meals per day, from the menu served to the general population . For security purposes, detainees in the RHU shall use disposable utensils only. Under no circumstances shall food be used as punishment. 6. Segregated detainees shall have the opportunity to maintain a normal level of personal hygiene. Staff shall provide toilet tissue, a wash basin, tooth brush, shaving utensils, etc., as needed, and may issue retrievable kits of toilet articles. Each segregated detainee shall have the opportunity to shower and shave at least daily, unless these procedures would present an undue security hazard. This security hazard will be documented and signed by the Facility Administrator or the Facility Administrator's designee, indicating his/her review and approval. Denial of showers will be temporary and situational, and will continue only as long as justified by the security threat. 7. Detainees in segregation will be provided, where practicable, barbering services. Exceptions to this procedure may be permitted only when found necessary by the Facility Administrator. 8. Detainees in segregation will receive a minimum of two hours of exercise per day outside their cells, Seven days per week, unless security or safety considerations dictate otherwise. These provisions shall be carried out, absent compelling security or safety reasons documented by the Facility Administrator. A detainee's recreation privileges may be withheld temporarily after a severely disruptive incident. Staff shall document by memorandum and logbook(s) notation every instance when a detainee is denied recreation . The memorandum shall be placed in the detainee's detention file as well as forwarding a copy of the action to the Facility Administrator. Page 6 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01974 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 8 of 628 Page ID #:1905 ee® Corr cr•on~ POLICY AND PROCEDURE MANUAL , l'>i'c n11 CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) The case of a detainee denied recreation privileges will be reviewed at least once each week, as part of the reviews required for all detainees in the unit. The reviewer will document whether the detainee continues to pose a threat to self, others, or facility security and, if so, why. Denial of recreation privileges for more than 7 days requires the concurrence of the Facility Administrator and H.S.A. The Facility Administrator will notify ICE when a detainee is denied recreation privileges for more than 7 days. When space and resources are available, detainees in administrative segregation will be able to participate in TV viewing, board games, socializing and work details (e.g., a housekeeper in the RHU); and provided opportunities to spend time outside their cells, over and above recreation periods. 9. The Facility Administrator will issue guidelines concerning the property that detainees may retain in administrative segregation. 10. A reasonable amount of non-legal reading material will be available to detainees in segregation. The detainee will also be permitted religious material, unless the religious item would pose a threat to security 11 . Detainees in segregation will be permitted to retain a reasonable amount of personal legal material, unless this would create a security threat. If personal legal material is placed in storage, the detainee shall be able to access the material promptly, upon request. Detainees will be permitted to retain all personal legal material upon admittance to segregation, provided such material does not create a safety, security and/or sanitation hazard. Detainees with a large amount of personal legal material may be required to place a portion of the material in their personal property, with access permitted during designated hours. Requests to access such legal material should be met as soon as possible, but in no case longer than twenty-four (24) hours after receipt of the initial detainee request to retrieve documents, unless documented security concerns preclude action within this time-frame. 12. In addition to the direct supervision afforded by the unit officer, the Shift Supervisor shall see each segregated detainee daily, including weekends and holidays. Unless medical attention is needed more frequently, each detainee in segregation receives a daily visit from a health care provider. The presence of a health care provider in the Restrictive housing unit is announced and recorded. The Health Services Administrator determines the frequency of physician visits to segregation units. The medical visit shall be notated on the RHU activity sheet. The medical professional will question each detainee to identify medical problems or requests. Any action taken will be documented in a separate logbook. 13. The facility shall follow the "Visitation" standard in setting visitation rules for detainees in segregation. Ordinarily, a detainee retains visitation privileges while in segregation. 14. Detainees in ACC will not use the visitation room during normal visitation hours. In addition, violent and disruptive detainees may be limited to non-contact visitation. In extreme cases, visitation may be disallowed for a particular detainee where the visit would present an unreasonable security risk. Under no circumstances are detainees to participate in general visitation while in restraints. If the detainee's behavior warrants restraints, the visit will not be granted. Page 7 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01975 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 9 of 628 Page ID #:1906 ee® ( ·' r1on •0 r POLICY AND PROCEDURE MANUAL .~r t1on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) General visitation may be restricted or disallowed when a detainee, while in a segregation status, is charged with, or has been found to have committed, a prohibited act having to do with visiting guidelines or has otherwise acted in a way that would reasonably indicate that he or she would be a threat to the orderliness or security of the visiting room. Any restriction of visitation will be documented. Detainees in segregation may not be denied legal visitation, but reasonable security precautions will be taken where necessary. Legal service providers and assistants will be notified of any security concerns prior to the meeting. 15. Detainees in segregation shall have the same correspondence privileges as detainees in the general population. 16. The facility shall follow the 'Telephone Access" standard that provides guidelines for detainees in segregation . Detainees in administrative segregation will be permitted telephone access similar to that provided to detainees in the general population, but in a manner consistent with the special security and safety requirements of detainees in these units. 17. Members of the clergy may visit detainees in segregation, unless the shift supervisor determines the visit presents a security risk or will interfere with the orderly operating of the facility. Violent and uncooperative detainees may be temporarily denied access to religious services until such time as their behavior and attitude warrants. 18. Detainees housed in segregation shall have the same law library access as the general population , consistent with security, although the facility may establish a policy of upon-request-only access. The level of supervision will depend on the individual's behavior and attitude. Leisure reading materials will be available as requested from the Library. [4-ALDF-2A-63] Detainees in locked housing shall have the same law library access as the general population, consistent with security, the facility will grant access upon-request-only. The level of supervision will depend on the individual's behavior and attitude. [4-ALDF-2A-62] Any denial of access to the law library will supported by compelling security concerns, for the shortest period required for security, fully documented in the RHU housing logbook as well as notification to ICE every time law library access is denied. Detainees in the RHU for protective custody will be required to use the law library separately or will have requested legal material delivered to them. 19. Detainees in segregation shall have the same correspondence privileges as detainees in the general population (see the "Correspondence and Other Mail" standard). H. Placement in Disciplinary Segregation To provide detainees in the general population a safe and orderly living environment, facility authorities shall discipline anyone whose behavior does not comply with facility rules and regulations. This may involve temporary confinement apart from the general population, in the Restrictive housing unit (RHU). A detainee may be placed in Disciplinary Segregation only after a finding by the Institution Disciplinary Page 8 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01976 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 10 of 628 Page ID #:1907 Ge® Corr<,-crtans D •r POLICY AND PROCEDURE MANUAL nt1on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) Panel (IDP) or equivalent that the detainee is guilty of a high level prohibited act or rule violation. [4ALDF-2A-47] Disciplinary segregation shall only be ordered when alternative dispositions may inadequately regulate the detainee's behavior. The disciplinary committee may order placement in disciplinary segregation only when alternative dispositions would inadequately regulate the detainee's behavior. A maximum sanction of 60 days in disciplinary segregation shall apply to violations associated with a single incident. After the first 30 days, the Facility Administrator shall send a written justification to the Assistant District Director for Detention and Deportation (ADD/DDP). Considering the grounds for the Facility Administrator's disciplinary action, the ADD/DDP may decide to transfer the detainee to a facility where security is such that he/she could be placed in the general population . I. Disciplinary Segregation Order . A written order shall be completed and signed by the Disciplinary Hearing Officer before a detainee is placed in disciplinary segregation . A copy of the order shall be given to the detainee within 24 hours, unless delivery would jeopardize safety, security, or the orderly operation of the facil ity. 1. The Disciplinary Hearing Officer shall prepare the Disciplinary Segregation Order, detailing the reasons for placing a detainee in disciplinary segregation, before actual placement. All relevant documentation must be attached to the order. 2. A copy of the completed Disciplinary Segregation Order will be given to the detainee within 24 hours of placement in disciplinary segregation , unless delivery would jeopardize the safe, secure, or orderly operation of the facility. 3. The order will be maintained on file with the Special Management Unit (RHU) until the detainee is released from the RHU. 4. When the detainee is released from the RHU , the releasing officer will indicate date and time of release on the Disciplinary Segregation Order, then forward the completed order to Segregation Supervisor overseeing RHU . J. Review of Detainee Status in Disciplinary Segregation 1. The RHU review committee shall review the status of a detainee in disciplinary segregation within 72 hours of admission, every seven days for the first two months, and every thirty days thereafter to determine whether the detainee: a. abides by all rules and regulations; and , b. is provided showers, meals, recreation , and other basic living standards, weekly review(s) will include an interview with the detainee. The SDEO shall document his/her findings after every review, by completing a Disciplinary Segregation Review Form (1-887). 2. The RHU review committee may recommend the detainee's early release from the RHU upon finding that time in disciplinary segregation is no longer necessary to regulate the detainee's behavior. Page 9 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01977 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 11 of 628 Page ID #:1908 se0 ," t " t:: POLICY AND PROCEDURE MANUAL Dt!'tttn r1on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) 3. An early-release recommendation must have the Facility Administrator's approval before the detainee can be returned to the general population. 4. The committee may shorten, but not extend, the original sanction. 5. All review documents shall be placed in the detainee's detention file. 6. Provided institutional security is not compromised, the detainee shall receive at each formal review, a written copy of the reviewing officer's decision and the basis for this finding. 7. A multi-disciplinary committee of facility staff, including facility leadership, medical and mental health professionals, and security staff, shall meet weekly to review all detainees currently housed in the facility's RHU. During the meeting, the committee shall review each detainee individually to ensure all staff are aware of the detainee's status, current behavior, and physical and mental health, and to consider whether any change in status is appropriate. Upon the request of the Field Office Director, the facility administrator shall permit JCE/ERO personnel to participate in the weekly meetings, either in person or by teleconference. K. Conditions of Disciplinary Segregation (Basic Living Standards) Disciplinary segregation privileges shall be defined by the imposed sanction(s) of the disciplinary official. Detainees placed in disciplinary segregation may have all personal property, to include commissary (excluding hygiene items), impounded and stored by the facility for the duration of the disciplinary sanction. Detainees shall retain all facility issued property and hygiene items as defined on page seven (7) of the Detainee Handbook. Detainees shall not be denied the ability to retain in their possession; personal mail received after the imposed disciplinary sanctions, legal mail, legal materials, regions items deemed necessary by a religious authority and medical devices and/or equipment deemed necessary by a medical provider, unless such items pose a safety and/or security concern. 1. The conditions of confinement will depend on the amount of supervision required to control the individual and safeguard other detainees and staff. 2. Detainees housed in disciplinary segregation generally have fewer privileges than those housed in administrative segregation. These detainees are subject to more stringent personal property control, restricted reading material, commissary privileges, etc. 3. The Facility Administrator shall maintain the same Jiving levels of decency and humane treatment for each detainee in disciplinary segregation, regardless of the purpose for which the detainee has been segregated. When different treatment is required for security concerns presented by an individual detainee, staff shall prepare written documentation justifying this action. The Facility Administrator shall sign this document, indicating his/her approval. 4. Detainees in disciplinary segregation will be provided the same opportunity for the exchange of clothing, bedding, and linen, and for laundry as detainees in the general population. If, for security purposes, the Facility Administrator authorizes an exception. the exception, and its justification, shall be documented in the RHU log. 5. A detainee may be deprived of clothing, mattress, blanket, pillow, etc., for medical or psychiatric reasons only, as determined by the medical officer. Page 10 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01978 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 12 of 628 Page ID #:1909 POLICY AND PROCEDURE MANUAL CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) If a detainee is so seriously disturbed that he/she is likely to destroy clothing or bedding or create a disturbance risking harm to self or others, the medical department shall be notified immediately and a regimen of treatment and control shall be instituted by the Health Services Administrator. 6. As a rule, detainees in disciplinary segregation will have significantly fewer items of personal property than other detainees. With the exception of items of personal hygiene, detainees in disciplinary segregation may lose the privilege of making commissary purchases. Access to legal and non-legal reading material shall be as follows: 7. 8. a. The officer providing library services provide segregated detainee's leisure library access upon-request only. This request shall be made using the Detainee Request Form. b. When developing the schedule for law library-access, the Facility Administrator will set aside blocks of time for the detainees in disciplinary segregation. These detainees will be afforded legal access comparable to, but not the same as, that of the general population . Security constraints may impose limits on law-library access. • Violent and/or uncooperative detainees may be temporarily denied access to the law library, until such time as their behavior and attitude warrants resumed access. • On a case-by-case basis, legal material may be brought to individuals in disciplinary segregation . Denial of access to the law library must be justified by compelling security concerns, be fully documented in the RHU logbook, and last no longer than necessary for security purposes. • Any denial of access to the law library will supported by compelling security concerns, for the shortest period required for security, fully documented in the RHU housing logbook as well as notification to ICE every time law library access is denied. In accordance with the "Telephone Access" standard, detainees in disciplinary segregation shall be restricted to telephone calls for the following purposes: [4-ALDF-2A-65] a. calls relating to the detainee's immigration case or other legal matters, including consultation calls; b. calls to consular/embassy officials; and c. family emergencies, as determined by the Facility Administrator. 9. Segregated detainees shall be allowed visits by members of the clergy, upon request, unless the supervisor determines the visit presents a security risk or will interfere with the orderly operation of the facility. a. The clergy member shall be told the detainees present state of behavior. b. The clergy member must agree to meet the segregated detainee. c. Violent and uncooperative detainees may be temporarily denied access to religious services until such time as their behavior and attitude warrants. 10. Detainees in segregation will receive a minimum of one hour of exercise per day outside their cells, seven days per week, unless security or safety considerations dictate otherwise. These provisions shall be carried out, absent compelling security or safety reasons documented by the Facility Administrator. A detainee's recreation privileges may be withheld temporarily after a Page 11 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01979 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 13 of 628 Page ID #:1910 se® " cr ru POLICY AND PROCEDURE MANUAL o .. r •ntiOn CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) severely disruptive incident. Staff shall document by memorandum and logbook(s) notation every instance when a detainee is denied recreation . The memorandum shall be placed in the detainee's detention file as well as forwarding a copy of the action to the Facility Administrator. The case of a detainee denied recreation privileges will be reviewed at least once each week, as part of the reviews required for all detainees in the unit. The reviewer will document whether the detainee continues to pose a threat to self, others, or facility security and, if so, why. Denial of recreation privileges for more than 7 days requires the concurrence of the Facility Administrator and H.S.A. The Facility Administrator will notify ICE when a detainee is denied recreation privileges for more than 7 days. If a detainee has a mental disability or mental illness but is competent, the disciplinary process shall consider whether the detainee's mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. A mental health professional should also be consulted as to whether certain types of sanctions, (e.g ., placement in disciplinary segregation, loss of visits, or loss of phone calls) may be inappropriate because they would interfere with supports that are a part of the detainee's treatment or recovery plan . L. Forms and Reviews 1. A permanent log will be maintained in the RHU. The log will record all activities concerning the RHU detainees, e.g., meals served , recreation, visitors, etc. The RHU log will record the detainee's name. A-number. housing location, date admitted . type of infraction or reason for admission. tentative release date (for detainees in disciplinary segregation>. special medical or psychiatric problems or needs and the authorizing official. All releases from the unit will be similarly recorded. All persons visiting the unit will sign a separate log, giving time and date of visit. Unusual activity or behavior of individual detainees will be recorded in the log, with a follow-up memorandum sent through the Facility Administrator to the detainee's file. 2. The RHU/Segregation Activity Sheet shall be prepared immediately upon the detainee's placement in the RHU . The form will be filled out at the end of each shift or as the activity takes place. The special housing officer for each shift will record whether the detainee ate, showered, exercised and took any medication. The record will also be used to notate additional information, e.g., if the detainee has a medical condition, has exhibited suicidal/assaultive behavior, etc. The facility medical staff will be required to sign each individual record when he/she visits the detainee in segregation . A new record must be created for each week the detainee is in restrictive housing or when the reason for placement changes such as Administrative Segregation to Disciplinary. The completed Restrictive Housing Activity Sheets will be retained in RHU until the detainee is released from RHU . Upon release from the RHU, the releasing officer will ensure that the entire housing unit record relating to the detainee is attached to the Segregation Order and forwarded to the Classification Officer for inclusion in the detainee's detention file. Page12of17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01980 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 14 of 628 Page ID #:1911 ae or POLICY AND PROCEDURE MANUAL crt n\ • Ocr nr •on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) M. Staffing 1. The Assistant Facility Administrator of Security will select officers for assignment to the RHU on a rotational basis for their experience, judgment, and ability to manage detainees professionally. Supervision of these staff and unit operations will be a priority for management personnel, as indicated by the specified frequency of supervisory visits to the unit. Staff assigned to work in the special management unit is selected based on criteria that include: completion of probationary period, experience and suitability for this population . Staff is closely supervised with documented quarterly reviews conducted by the shift supervisor. There are provisions for rotation to other duties. 2. All staff assigned to RHU will receive training that includes information regarding the type of detainees housed in the unit; a course in dealing with detainees typically retained in segregated status; information on the rules governing RHU operation; special instructive discussions relative to safety and security precautions unique to the RHU area; and a basic course covering Adelanto ICE Processing Center policies governing discipline and the use of restrictive housing. 3. Assignments of dedicated and specially trained security staff to RHU permits staff to have both an improved understanding of the nature of the population and a greater familiarity with particular detainees. Interactions with security staff may be the primary human contact regularly afforded to detainees, and positive communications with security staff can reduce violence and are also important to the well-being of segregated detainees. Adequate training and supervision can ensure that all staff assigned to RHU lives up to this principle. Security staff assigned to RHU shall receive specialized training in relevant topics, such as: • Identifying signs of mental health decompensation; • Techniques for more appropriate interactions with mentally ill detainees; • The impact of isolation; and • De-escalation techniques. N. High Security Cell Access High security cells will be specially marked with a notice to designate that a two-officer rule is in operation for the occupant. That cell will only be opened with two officers present. Two officers will remain in the RHU area during the out of cell time for that detainee. High security designations will be made in selected cases. Criteria for such a designation is: 1. 2. 3. 4. Demonstrated violent behavior toward staff; Demonstrated violent behavior toward other detainees; Demonstrated or reported serious escape history or risk; and Other case-by-case circumstances which warrant the high security designation . Staff may make a recommendation for such action through their supervisor. The Facility Administrator or the Facility Administrators designee will make the final decision . 0. Property and Contraband Control Control of property and contraband will include a thorough search and inventory of all personal property brought by a detainee to the unit. Disciplinary segregation privileges shall be defined by the imposed sanction(s) of the disciplinary official. Detainees placed in disciplinary segregation may have all personal property, to include commissary Page 13 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01981 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 15 of 628 Page ID #:1912 Ge Corn lOllS • Df.•r POLICY AND PROCEDURE MANUAL 11t•on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) (excluding hygiene items), impounded and stored by the facility for the duration of the disciplinary sanction(s). Detainees may also be precluded from ordering commissary for the duration of the disciplinary sanction if sanctioned by the disciplinary official. A secure property storage area is provided in the disciplinary housing unit. All property placed in storage will be thoroughly searched and inventoried, and a copy of the inventory sheet will be provided to the detainee. Food service carts, laundry carts, tool carts and commissary bins will be thoroughly inspected and searched by staff to prevent the introduction of contraband. All tools must be inventoried upon entering and exiting RHU. Supervisory staff may remove otherwise permissible items from the cell of a detainee in locked unit status when those items are being used by the detainee to harm himself or herself or others, create a disturbance, or otherwise disrupt the orderly operation of the unit. Such instances will be documented in memo form or using a General Incident Report (GIR), placed in the unit log and the individual detainee log sheet, and a copy of the memo or GIR will be forwarded to the Captain and the Facility Administrator. The Captain must personally approve all such instances that last longer than 24 hours. P. Restrictive Housing Unit Programs The programs and activities named below will be available to detainees in the locked housing unit providing documented security or safety considerations do not prevent delivery of such programs for limited periods. Isolated recreation and exercise will be provided to all detainees in the locked housing unit no fewer than five times each week for one hour. Where cover is not provided to mitigate inclement weather, detainees are provided weather-appropriate equipment and attire. Detainees may be denied access to recreation on a determination, documenting in writing , that the individual involved presents a serious danger to themselves or others or to institutional security. [4-ALDF-2A-64] Showers will be offered daily. Detainees will be permitted to shave at this time. Detainees receive laundry, barbering, and hair care services, and are issued and exchange clothing , bedding , and linen on the same basis as detainees in the general population . Exceptions are permitted only when determined to be necessary. Any exception is recorded in the unit log and justified in writing . [4-ALDF-2A-57] Crisis counseling and other social services will be provided to detainees on an in-cell basis. Detainees requiring private counseling may be moved in restraints to a room where the counseling staff member will remain under the observation of a second staff member, who may be outside the room. The detainee will remain in restraints. Detainees in locked housing are provided prescribed medication, clothing that is not degrading and access to basic personal items for use in their cells unless there is imminent danger that a detainee or any other detainee(s) will destroy an item or induce self-injury. [4-ALDF-2A-56] Religious counseling and materials will be permitted in the unit, as provided by approved religious representatives and approved by the Assistant Facility Administrator of Security. The Assistant Facility Administrator of Security in conjunction with the Programs Coordinator will determine which religious volunteers, if any, will be permitted to visit the unit and under whose supervision. Detainees in locked housing can write and receive letters on the same basis as detainees in the general population . [4-ALDF-2A-60] Page 14 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01982 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 16 of 628 Page ID #:1913 see> C r•• ton< • POLICY AND PROCEDURE MANUAL ,,.no n CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) Social and legal visiting will be permitted for all detainees in locked status provided they are not under visiting restrictions imposed as part of disciplinary actions. Detainees in locked status may visit in the general non-contact visiting area. [4-ALDF-2A-61] All participation or refusal to participate in recreation, showers, meals, staff interviews, visits or other major unit activities will be logged in the detainees' individual activity sheet. Q. Food Service Operations Food service operations will be under the general oversight of the Food Services Administrator and will include in-cell service of meals that are the same as those served to the general population. No detainee will be used to serve food in the unit. Staff will ensure that food delivered to detainees is at the proper temperature. Modification, reduction, or termination of meals will not be used as a behavioral control measure or for punishment. Unit staff is responsible for ensuring the sanitary conditions of all utensils and trays. Detainees who use food or other meal-related items to disrupt operations or threaten others will be served the same food as the general population . However, Styrofoam or disposable trays may be substituted for the regular food tray. [4-ALDF-2A-59] R. Other Unit Programs The following programs and services are in operation in the locked unit: 1. 2. 3. Detainees may participate in such educational programs as can be provided within the confines of the unit, consistent with the security needs of the unit In-cell programs such as leisure reading , self-study courses, and other activities will be made available to detainees in non-disciplinary status; detainees in disciplinary status may be limited in the number of reading items permitted in their possession at any one time. Sanitation in the unit will be maintained at a high level. Detainees will be responsible for cleaning their own cells. The Assistant Facility Administrator of Security, on unit staff's recommendation, may approve specially screened detainees housed in the unit for duty as orderlies. S. Tours Staff mobility and supervisory visibility in locked units are important factors in ensuring smooth operations. Detainees in segregation receive daily visits from the Facility Administrator or designee, members of the program staff on request, and a qualified health care daily unless medical attention is needed more frequently . Detainees requiring medication will be provided that medication as prescribed [4-ALDF-2A-53] The Food Services Administrator will observe the service of meals once a week in locked units. The Chaplain, classification, or social work staff and other program staff will visit all detainees in locked units as often as necessary to meet the needs of those cases, but in any event no fewer than once a week. The Shift Supervisor will visit the locked units twice each shift. A designated medical staff member will visit the unit at least daily and will be available as needed for Page 15 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01983 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 17 of 628 Page ID #:1914 Ge® Ccur •ctwr ~ 0 r nt POLICY AND PROCEDURE MANUAL on CHAPTER: Special Management Detainees Adelanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) other required care. Detainees requiring medication will be provided that medication as prescribed. The Facility Administrator and Department Heads will visit detainees confined to the segregation unit weekly. T. Other Considerations Protective custody cases will require separation, at a minimum , from the detainees by whom they are threatened. In most cases, separation from all other detainees will be required . Records on these cases should reflect their status, any known separates, and any other special precautions that must be taken . In many instances, careful movement through the facility and in the admission/release process will be needed. When it is necessary in the judgment of the Assistant Facility Administrator of Security; two staff members will be used to escort protective custody cases for such moves. Detainees with medical and psychiatric aspects to their cases will be handled in accordance with the medical orders for those cases as long as those orders do not conflict with the facility's security needs. In any case in which there appears to be such a conflict, the Shift Supervisor and, if necessary, the Assistant Facility Administrator or Facility Administrator, will resolve the issue with the Health Services Administrator. U. Case Reviews The RHU review committee will review each locked unit detainee's case within seventy-two hours of admission , every seven days for the first two months, and at least every thirty days thereafter. [4-ALDF2A-48] Page 16 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01984 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 18 of 628 Page ID #:1915 Ge® ct t t nns & POLICY AND PROCEDURE MANUAL lh"l~nfton CHAPTER: Special Management Detainees Ad elanto ICE Processing Center NUMBER: 10.2.11 TITLE: Restrictive Housing Units (formerly Special Management-Segregation) THIS POLICY WILL BE REVIEWED AT LEAST ANNUALLY AND UPDATED AS NEEDED. Gray highlighted area! are the changes made to the current revision. QUESTIONS/SUGGESTIONS REGARDING THIS POLICY SHALL BE ADDRESSED TO THE ASSISTANT FACILITY ADMINISTRATOR OF SECURITY. EFFECTIVE: December 7. 2017 Reviewed & Revised: October 2011 Reviewed & Revised: November 2011 Reviewed & Revised: February 2012 Reviewed & Revised: June 2012 Reviewed: July 2013 Reviewed: November 2014 Reviewed & Revised: February 2015 Reviewed: November 2015 Reviewed: September 2016 Reviewed & Revised: December 2016 Reviewed & Revised: March 10, 2017 Reviewed & Revised: June 2017 Reviewed & Revised: December 7, 2017 Page 17 of 17 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 01985 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 19 of 628 Page ID #:1916 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 20 of 628 Page ID #:1917 Adelanto Detention Facility see> n & D tf'nt r' POLICY and PROCEDURE MANUAL CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone NUMBER: 11.1.7.8-ADF SUPERSEDES: June 2012 EFFECTIVE: March 2014 RELATED ACA STANDARDS: 4-ALDF-2A-65, 5811 -12. 6A-06 I. PURPOSE To describe the procedures for permitting detainee access to telephones. II. POLICY Detainees shall have reasonable and equitable access to telephones to maintain essential community and legal contacts, unless such access is controlled as part of the disciplinary or administrative segregation process. Ill. DEFINITIONS A Legal Representatives: Attorneys, legal aid officers or paralegal assistants to the detainee's attorney of record. B. Emergency Telephone Calls: Calls involving serious family illness, death or impending disaster related to the detainee's property, which cannot be deferred. IV. PROCEDURES Telephone access for detainees will be through phones located in the receiving area and each housing unit A. Detainee Access to Telephones The facility shall provide detainees with reasonable and equitable access to telephones during established facility waking hours, limited only by the restrictions below. B. Detainee Notification The facility shall provide telephone access rules in writing to each detainee upon admittance, make them available in the Detainee Handbook and post these rules where detainees may easily see them. C. Number of Telephones The facility shall provide at least one telephone for detainee use for every 25 detainees held. Housing unit telephones will permit outgoing calls only. D. Telephone Maintenance Talton is the ICE contracted telephone vendor. Talton is responsible to ensure telephones are in proper working order. Appropriate facility staff shall inspect the telephones daily, promptly report out-of-order telephones to talton, and ensure that required repairs are completed quickly. Page 1 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02003 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 21 of 628 Page ID #:1918 se® I n I rl n Adelanto Detention Facility POLICY AND PROCEDURE MANUAL NUMBER: 11.1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone E. Direct and Free Calls Although telephone service is generally limited to collect or pre-paid telephone time, the facility shall permit all detainees to make free calls to: 1. The local immigration court and the Board of Immigration Appeals; 2. Federal and State courts where the detainee is or may become involved in a legal proceeding; 3. Consular officials; 4. Legal service providers, in pursuit or legal representation or to engage in consultation concerning his/her expedited removal case; 5. A government office, to obtain documents relevant to his/her immigration case; and 6. In a personal or family emergency, or when the detainee can otherwise demonstrate a compelling need. Staff will allow detainees to make such calls as soon as possible after the request, factoring in the urgency expressed by the detainee. Generally, access will be granted within eight (facilityestablished) waking hours of the detainee's request, excluding the hours between lights-out and morning resumption of scheduled activities. The detainee will always be granted access within 24 hours of his/her request. Incidents of delays extending beyond eight (waking) hours must be documented and reported to the Bureau of Immigration and Customs Enforcement {I.C.E.) using a "General Incident Report" form. The facility shall not require indigent detainees to pay for the types of calls listed above if they are local calls, nor for non-local calls if there is a compelling need. The facility shall enable all detainees to make calls to the I.C.E.-provided list of free legal service providers and consulates at no charge to the detainee or the receiving party. The indigent detainee may request a call to immediate family or others in personal or family emergencies or for a compelling need (to be interpreted liberally). Detainees will be required to complete a Detainee Request Form (kite) to make free calls. Illiterate or non-English speaking detainees will be assisted with the completion of the kite. The telephone service provider has programmed the telephone system to permit detainees' free calls to numbers on the official pro bono legal representation list and to consulates. Page 2 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02004 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 22 of 628 Page ID #:1919 se® s Adelanto Detention Facil ity POLICY AND PROCEDURE MANUAL NUMBER: 11 .1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone F. Pre-Paid Telephone Time Pre-paid phone time is available for purchase utilizing the instructions placed in the day areas of all housing units as well as the detainee handbook. The cost of the phone time will be deducted from the detainee's personal account immediately upon the detainee's acceptance. 1. Detainees will be provided a pin number upon admission which allows them to make calls. The detainee's are personally responsible for maintaining their pin numbers in their secured locker. 2. These pre-paid phone times can be used for the following types of calls: a. Long distance b. Local 3. The detainee will use their phone time to make all social calls both long distance and local. The detainee will not be able to use other facility phones to make long distance or local social calls. 4. When the detainee leaves this facility, the detainee is personally responsible for requesting a refund from the current telephone provider for unused pre-paid time if the detainee so chooses or they may continue to use the phone time until the funding has expired. A list of all international rates is available so that detainees know beforehand what the international rates will cost. Instructions on how to use the system will be posted by the dorm phone. G. Telephone Usage Restrictions The facility shall not restrict the number of calls a detainee places to his/her legal representatives, nor limit the duration of such calls by rule or automatic cut-off, unless necessary for security purposes or to maintain orderly and fair access to telephones. If time limits are necessary for such calls, they shall be no shorter than 20 minutes, and the detainee shall be allowed to continue the call if desired, at the first available opportunity. The facility may place reasonable restrictions on the hours, frequency and duration of the other direct and/or free calls listed above, but these must not unduly limit a detainee attempting to obtain legal representation. The facility may restrict the number and duration of other types of telephone calls for the following reasons only: 1. availability (i.e., the usage demands of other detainees); 2. orderly operation of the facility (e.g., scheduled detainee movements, court schedules, meals, counts, etc.); and 3. emergencies (e.g., escapes, escape attempts, disturbances, fires, power outages, etc.). Telephone privileges may be suspended entirely during an emergency, but only with the authorization of the Facility Administrator. and only for the briefest period necessary under the circumstances. Page 3 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02005 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 23 of 628 Page ID #:1920 se® Adelanto Detention Facility POLICY AND PROCEDURE MANUAL NUMBER: 11 .1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone The Facility Administrator will establish and oversee local institutional ru les for the equitable allocation of time. When required by detainee telephone-usage demands, such measures may include, but are not limited to, reasonable limitations on the duration and the number of calls per detainee, the use of predetermined time-blocks, and advance sign-up procedures. All telephone restrictions are documented. H. Telephone Privileges in Segregation/Special Management Unit Detainees in the Segregation (Seg)/Special Management Unit (SMU) for disciplinary reasons are allowed limited telephone privileges consisting of telephone calls related specifically to access to the judicial process and fami ly emergencies as determined by the Facility Administrator or the Facility Administrator's designee.[4-ALDF-2A-65] Detainees in the SMU for other than disciplinary reasons (e.g ., protective custody, suicide risk, administrative) will be allowed telephone access similar to the detainees in the general population, but in a manner consistent with the specia l security and safety requirements of detainees in the Seg/SMU unit. I. Inter-facility Telephone Calls Upon a detainee's request, the facility shall make special arrangements permitting the detainee to speak by telephone with an immediate family member detained in another facility. (Immediate family members include the detainee's spouse, mother, father, stepparents, foster parents, brothers and sisters, and natural or adopted children.) Reasonable limitations may be placed on the frequency and duration of such calls. The facility shall liberally grant requests for inter-facility family calls to discuss legal matters. For such calls, the detainee's conversation shall be afforded privacy to the extent possible, while maintaining adequate security. J. Incoming Calls The facility shall take and deliver telephone messages to detainees as promptly as possible. Messages shall be delivered to detainees no less than three times a day. When facility staff receives an emergency telephone call for a detainee, the caller's name and telephone number will be obtained and given to the detainee as soon as possible. The detainee shall be permitted to return the emergency call as soon as reasonably possible within the constraints of security and safety. Page 4 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02006 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 24 of 628 Page ID #:1921 se® r II I nt Adelanto Detention Facility POLICY AND PROCEDURE MANUAL NUMBER: 11.1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone K. Privacy for Telephone Calls on legal Matters The facility shall ensure privacy for detainees' telephone calls regarding legal matters. For this purpose, the facility shall provide a reasonable number of telephones on which detainees can make such calls without being overheard by officers, other staff or other detainees. Telephone calls made by detainees on their legal matters shall not be electronically monitored absent a court order. Privacy may be provided in a number of ways, including: 1. telephones with privacy panels (side partitions) that extend at least 18 inches to prevent conversations from being overheard; 2. placing telephones where conversations may not be readily overheard by other detainees or facility staff; or 3. allowing detainees to use an office telephone to make confidential calls regarding their legal procedures. l. Monitoring of Detainee Telephone Calls The Facility Administrator or designee retains the discretion to have detainee telephone calls monitored for security purposes. Detainees will be notified that calls are subject to monitoring. 1. A detainee may request the use of a phone not equipped with monitoring capability using a detainee request form (kite). The request shall identify the person to be ca lled, the general purpose of the call, and the number to be dialed. The request will be forwarded to the Shift Supervisor for approval/disapproval. 2. The officer supervising the telephone call shall dial the desired number and obtain the party being called to verify that the call is being made as stated. The officer shall not monitor conversation or listen beyond the limits of casual but alert supervision. 3. Absent a court order, a detainee's call to a court, legal representative, or for the purposes of obtaining legal representation will not be orally monitored. The Facility Administrator or designee retains the discretion to have such calls monitored for security purposes, if detainees are notified that such calls are subject to monitoring. M. Toll-Free Calls Calls to 800, 866, 900 and other toll-free numbers will not be allowed, unless the call is verified as a legal call. Page 5 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02007 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 25 of 628 Page ID #:1922 se® r I Adelanto Detention Facility POLICY AND PROCEDURE MANUAL NUMBER: 11.1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE: Detainee Access to Telephone N. TTY (Telecommunications Device for the DeafNoice Impaired Detainees with hearing and/or speech disabilities, and detainees who wish to communicate with parties, who have such disabilities, are afforded access to a Telecommunications Device for the Deaf (TOO), or comparable equipment. For detainees that need assistance, a TOO telephone is available. Detainees needing the use of this telephone must fill out a Detainee Request Form (kite), which will be forwarded to the Shift Supervisor, for approval. Public telephones with volume control are also made available to detainees with a hearing impairment. (4-ALDF-58-11] 0. Reasonably Priced Telephone Services Detainees will have access to reasonably priced telephone services. The facility will ensure that: > ,_ :;;. Contracts involving telephone services for detainees comply with all applicable state and federal regulations; Contracts are based on rates and surcharges that are commensurate with those charged to the general public for like services. Any deviation from ordinary consumer rates reflects actual costs associated with the provision of services in a correctional setting; and Contracts for detainee telephone services provide the broadest range of calling options determined by the Facility Administrator to be consistent with the requirements of sound correctional management. [4-ALDF-58-12] Page 6 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02008 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 26 of 628 Page ID #:1923 see> , m& , Adelanto Detention Facility POLICY AND PROCEDURE MANUAL NUMBER: 11 .1.7.8-ADF CHAPTER: Communication, Mail and Visitation TITLE : Detainee Access to Telephone THIS POLICY WILL BE REVIEWED AT LEAST ANNUALLY AND UPDATED AS NEEDED. Grav highlighted areas are t he changes made to the current revision. QUESTIONS/SUGGESTIONS REGARDING THIS POLICY SHALL BE ADDRESSED TO THE FACILITY ADMINISTRATOR. APPROVED EFFECTIVE: March 2014 Reviewed & Revised: October 20 11 Reviewed & Revised: June 2012 Reviewed: May 2013 Reviewed: July 2013 Rev iewed & Revised: March 2014 Reviewed: January 2015 Reviewed: January 20 16 Reviewed: January 20 17 Page 7 of 7 CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02009 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 27 of 628 Page ID #:1924 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 28 of 628 Page ID #:1925 se® } • Of) I t Adelanto ICE Processing Center EMERGENCY PLANS MANUAL HUNGER STRIKE RESPONSE PLAN n RESTRICTED I. PLAN #15 EFFECTIVE: 09/25/2017 GENERAL SECTION In the event of an identified emergency the following actions will take place in addition to more specific detail found in the contingency specific section. II. • First responding will immediately report to the affected area/situation and attempt to defuse or control the situation. • The Shift Supervisor will immediately respond to assess the situation and evaluate the need for additional responders. • Notifications will be made to command staff/ICE utilizing the roster for the specific emergency. • In the event the primary route to the facility is impassable a secondary route will be used. • The Medical department will be contacted for a list of detainees with special needs and procedures to be utilized in the event their internal or external movement is needed. • In the event neighbors residing in close proximity to the facility must be notified of an emergency situation, the facility's Rapid Notify system will be activated. OPERATIONAL OBJECTIVE To have a plan that enables staff to work towards preventing unrest and maintain safety and security due to a mass hunger strike by detainees. Emergency plans are located in the following areas: Master Control Centers (East and West}, Incident Command Center (Adelanto-East Administrations Conference Room), Deputy Administrator office and the Facility Administrator's office. In the event emergency assistance is requested by another ICE/ORO facility, the Adelanto ICE Processing Center in cooperation with the requesting facility and ICE will determine the specific aid needed. Local resources to include supplies, transportation, temporary housing, personnel, and/or TOY staff will be evaluated and dispatched as necessary. Ill. OPERATING PROCEDURE A. Proactive Response 1. All staff will be expected to quickly identify any detainee(s) who may use a hunger strike to resolve personal issues. 2. Intelligence indicating the possibility or threat of a hunger strike will be passed on to the Facility Administrator and Health Service staff immediately. 3. The detainee(s) involved will be interviewed to verify that the report is legitimate This plan is confidential. Unauthorized plan disclosure is prohibited. -1- CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02010 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 29 of 628 Page ID #:1926 se® r ' Adelanto ICE Processing Center PLAN #15 EMERGENCY PLANS MANUAL HUNGER STRIKE RESPONSE PLAN EFFECTIVE: 09/25/2017 RESTRICTED and if so, to determine the motivation for the hunger strike. B. 4. Security staff will evaluate the need to isolate the detainee(s) in question to eliminate the possibility of others joining in or becoming involved. 5. Health Services staff will evaluate the medical status of the detainee(s) in question to determine the health risks if the individual(s) does in fact refuse to eat for an extended period of time. 6. Staff will attempt to resolve the motivating issues before the hunger strike takes place or minimize the duration of the hunger strike. 7. The response to a hunger strike will be carefully measured to insure that detainees do not see a hunger strike or the threat of a hunger strike as a legitimate way of resolving issues with facility staff. Initial Response 1. Upon discovery of a hunger strike in progress, the on-duty Shift Supervisor will make the following notifications in the following order: a. b. c. . d. e. f. Facility Administrator Deputy Administrator AFA-Security Chief of Security All on-duty staff to include medical response Health Services Administrator (HSA) In the event that off-duty personnel are needed, the facility has an emergency recall system which is an automated call-up system. This auto-dialer system will alert staff that their presence is required at the facility due to an emergency. 2. Staff will interview detainees who may have information concerning the food strike to identify the following issues: a. b. c. d. e. Determine the identity of the detainee(s) involved. Identify detainee(s) having close ties to the participant(s), (i.e. fellow inmate workers, etc.), for questioning. Identify ring leaders or the individual who organized the activity (if it is a group hunger strike). Determine the claimed or underlying reasons for the hunger strike. Determine the length of time it has been in progress. 3. Information gathered during these interviews will be submitted to the Facility Administrator, HSA and senior Security supervisors. 4. A report of the incident will be passed through the Regional office to the Corporate Headquarters Operations and Health Services. This plan is confidential. Unauthorized plan disclosure is prohibited. -2- CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02011 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 30 of 628 Page ID #:1927 se® ' nt • r r Adelanto ICE Processing Center EMERGENCY PLANS MANUAL HUNGER STRIKE RESPONSE PLAN RESTRICTED PLAN #15 EFFECTIVE: 09/25/2017 5. The Facility Administrator or designee will meet with both Security and Health Services personnel to determine a plan of action. 6. The Facility Administrator will arrange a negotiation session with key leaders of the strike. Only the Facility Administrator or the Contracting Officer's Representative (COR) can make any commitments or promises during negotiations. 7. The participant(s) will be isolated from general population if possible in order to prevent the strike from spreading to other non-involved detainees. a. b. The participants will be placed in the special medical in order to adequately monitor food intake and with the approval of the HSA. The HSA will take into consideration the individual medical needs of the detainees. If the number of participants is too large to be housed in the medical unit. The Shift Supervisor will take the following actions: 1) Instruct Security staff to remove all food items from the affected housing unit(s). 2) Make the affected housing unit(s) a constant post and instruct the assigned Officer to make 15-minute entries in the permanent logbook. 3) Treat the affected housing unit(s) as a segregated area. 4) A second security staff member will be assigned to the effected unit(s). 8. Ensure that meals are offered at regularly scheduled meal times. 9. Assign an Officer the responsibility of recording which detainees are accepting meals in the logbook. 10. Officers offering the meals will submit a General Incident Report after each meal. The Officer will list the detainees who refused the meal, the total number of meals missed and the number of days the detainee has been on a hunger strike. The report will be distributed in accordance with the Policy and Procedures on Incident Reports. 11 . Verify with the Business Office the number of participants that purchased food items and the quantity of items purchased . Specific purchasers and amounts purchased listed by dorm location . 12. The participant(s) will be reviewed by Health Services personnel on a daily basis to assess nutritional status and obtain a weight and/or urine specimen for analysis. 13. In the event that the hunger strike is of long duration (over 72 hours), nine consecutive missed meals and/or the HSA determines that the health of the participants could be affected, the Security staff will follow Medical department's directives. If a detainee's health deteriorates serious, the individual will be transferred to an appropriate medical facility. This plan is confidential. Unauthorized plan disclosure is prohibited. - 3- CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02012 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 31 of 628 Page ID #:1928 see r s. Adelanto ICE Processing Center PLAN #15 EMERGENCY PLANS MANUAL HUNGER STRIKE RESPONSE PLAN EFFECTIVE: 09/25/2017 RESTRICTED C. Post Emergency Procedures • • • • • • • • • 1. 2. 3. 4. 5. 6. 7. Segregating detainees involved in the incident (if applicable) Collect all written reports Seize, document, and preserve evidence Accountability (especially for staff, detainees, and sensitive equipment) Damage assessment and repair Injury treatment and documentation Coordinating legal actions/prosecutions Debriefing of staff involved and follow-up for additional analysis and implications for changes in policy or procedures General review and critique of the emergency operations and management with a follow-up agenda including but not limited to monitoring the facility climate and revising the emergency plan A Serious Incident Report will be sent through the Regional Office to the Corporate Headquarters Operations staff, pursuant to Policy and Procedure. The COTR will be notified pursuant to contractual requirements. All staff that participated in the emergency response will be required to write a detailed report, prior to leaving the facility. On-site management staff will conduct a preliminary out-briefing with those staff members who participated in the response, prior to their departure from the facility. An initial report will be sent to the Corporate Headquarters Operations within twenty-four (24) hours. A final report will be submitted to Corporate Headquarters Operations within five (5) working days after the incident. This report will be used to conduct a final out-briefing with staff and the COTR. Unauthorized disclosure of this emergency plan is prohibited. Staff may not discuss any aspect of a plan within the hearing of a detainee, visitor, or anyone else permitted access to the plan. This plan is confidential. Unauthorized plan disclosure is prohibited. -4- CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02013 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 32 of 628 Page ID #:1929 se0 Adelanto ICE Processing Center EMERGENCY PLANS MANUAL HUNGER STRIKE RESPONSE PLAN f RESTRICTED PLAN#15 EFFECTIVE: 09/25/2017 THIS EMERGENCY PLAN WILL BE REVIEWED AT LEAST ANNUALLY AND UPDATED AS NEEDED. QUESTIONS/SUGGESTIONS REGARDING THIS EMERGENCY PLAN SHALL BE ADDRESSED TO THE AFA-SECURITY. Facility EFFECTIVE: September 25, 2017 Reviewed & Revised: September 201 1 Reviewed & Revised: June 2012 Reviewed: April 2013 Reviewed: July 20 13 Reviewed & Revised: August 2014 Reviewed: September 2015 Reviewed: September 2016 Reviewed & Revised: September 25, 201 7 Reviewed: January 2018 This plan is confidential. Unauthorized plan disclosure is prohibited. - 5- CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER GEO 02014 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 33 of 628 Page ID #:1930 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 34 of 628 Page ID #:1931 AGENDA REPORT City of Adelanto Adelanto Governmental Center 11600 AIR EXPRESSWAY ADELANTO, CALIFORNIA 92301 DATE: May 17,2011 TO: Honorable Mayor and City Coun il FROM: SUBJECT: l.RATIFICATION OF CITY M GER'S SIGNATURE AND APPROVAL OFTHESTANDARDINTERG V NMENTAL SERVICE AGREEMENT (IGSA) AND, 2. APPROVAL 0 HE SERVICES CONTRACT WITH THE GEO GROUP, INC. (GEO) STAFF RECOMMENDATION: l. The City Council ratifies the City Manager's signature executing the lGSA and approves the IGSA and; 2. The City Council approves the Services Contract with the GEO. BACKGROUND: GEO purchased the Adelanto Community Correctional Facility (ACCF) in June 2010 for the purpose of entering into a contract with either the Federal Government to house Federal inmates, or the State of California to house female inmates. Ultimately, after 18 months of effort, GEO was able to secure an agreement with the Federal Government, Department of Homeland Security, to house 1300 Immigration and Custom Enforcement (ICE) inmates. This will be accomplished by housing 650 inmates in the former ACCF and then building a new facility for an additional 650 inmates on land currently owned and permitted for a correctional facility on Rancho Road and Raccoon. The new construction will take approximately 18 months. The contract was negotiated through a direct negotiation process, versus a Request for Proposal (RFP) process, which necessitates that an IGSA be put in place. The Purchase and Sale Agreement with GEO, when they purchased the ACCF, contained a provision indicating that if GEO Group, Inc. was able to negotiate an agreement without having to go through the RFP process, the City would be willing to serve as the agent for an ISGA. Essentially, the agreement is between the City of Adelanto and the Federal Government and the City then contracts with GEO to operate the facility pursuant to guidelines in the ISGA. The attached IGSA was received on Friday, May 13, 20 II with a request that it be signed and returned that same day. The reason for the rush is that the Contract Officer for the Federal Government is going on an extended leave effective Tuesday, May 17, 2011. By waiting, it would t~e much longer to get the !GSA in place. As a result, the IGSA was prepared for execution by the City Manager, understanding that the City Council would need to ratify that execution and approve the agreement. GEO 04039 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 35 of 628 Page ID #:1932 The second document is the Services Contract between GEO and the City. This is the agreement that transfers operating responsibility to GEO for the fGSA. The document outlines GEO's responsibilities as the operator and ties their performance and operations to the requirements in the IGSA. Because the City is the contracting agency for the IGSA and will incur overhead costs per year overhead fee provided to the City. in handling the IGSA, there is a Additionally, the Services Contract outlines the charge of. per day per 365 days, the City would filled bed in the new 650 bed facility. If all 650 beds were filled receive approximately per year. However, it is not likely all the beds will be filled all the time, so it is more reasonable to anticipate the City receiving approximately per year from the new facility and continuing to receive the per year from the overhead. Both the IGSA and the Services Contract are attached. The IGSA has all Appendices except for Appendix B which was too large to email or fax. That Appendix is being delivered by mail to the City (see attached email). FISCAL IMPACT: annually for overhead costs Approximately ~er year when the second 650 bed facility is completed and filled ATTACHMENTS: l.IGSA 2.Email regarding Appendix B 3.Services Contract GEO 04040 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 36 of 628 Page ID #:1933 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 37 of 628 Page ID #:1934 SERVICES CONTRACT /0 A-f 2011, THIS SERVICES CONTRACT, is entered into effective the I ifayof by and between the City of Adelanto. California, a local govemm.ental entity whose mailing address is, P.O. Box 10, Adelanto, California. 92301 , hereinafter referred to as "the CITY", and The GEO Group, Inc., One Park Place, Suite 700, 623 Northwest 53rd Street, Boca Raton, Florida 33487, hereinafter referred to as "GEO". ·· WHEREAS. the CITY and the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) have entered into an Intergovernmental Services Agreement ("!GSA") for the detention and care of aliens (hereinafter referred to as ''Detainees'') by the CITY, which !GSA is attached hereto and incorporated herein by reference as Exhlbit A; and WHEREAS, GEO has the ability to make beds available to the CITY in a 1,300-bcd detention facility to be developed by GEO (hereinafter referred to as the "Facility"), located at 10400B Rancho Road, Adelanto, California, 92301, (hereinafter refe~ to as the ''Site"), in which the CITY may arrange to detain and care for Detainees; and WHEREAS, the CITY desires to enter into a services contract with a subcontractor for the provision, management and operation ofa detention facility for the detention and care ofDetainees and to otherwise perform the CITY's responsibilities and obligations as set forth in the IGSA; WHEREAS, in order to fulfill its obligations under the IGSA to ICE, the CITY intends to enter into this Services Contract with G EO, which Services Contract requires GEO to perform all duties and accept all responsibilities incumbent upon the CITY pursuant to and consistent with the tenns of the IGSA; WHEREAS, the CITY is empowered by law to enter into this Setvices Contract with GEO for the detention and care of Detainees at the Facility; NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: 1.0 DEFINITIONS All capitalized terms used herein shall have the same definition as those tenns have in the IGSA, unless otherwise indicated herein. 2.0 PARTIES' ADMINISTRATIVE/OPERATIONAL OBLIGATIONS GEO acknowledges, accepts, and agrteS without limitation to the scope of, and limitations upon, the authority, duties and responsibilities ofJCE and the CITY under the IGSA, and GEO hereby assumes and agrees without limitation to perform the CITY's obligations and responsibilities as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, including without limitation the authority of the ICE Contracting Officer's Technical Representative (COTR) and the applicability of the most current editions of ICE National Detention Requirements, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to GEO. Page I GEO 00659 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 38 of 628 Page ID #:1935 3.0 PERIOD OF PERFORMANCE This Contract s'halJ be effective from the date that the IGSA is effective and shall continue so long as the CITY and ICE are parties to the IGSA or any extension thereof, unless earlier terminated as set forth herein. The parties may, by mutual agreement. continue this Contract beyond the tennination ofthe IGSA for the purpose ofhousing other inmates/detainees upon such terms and conditions as the parties may agree to. 4.0 FACILITY CAPACITY GEO agrees to house up to 1,300 Detainees pursuant to this Contract in the Facility. The cost of legal services and the risks of physical damage to the Facility incurred as a direct result of the placement ofa Detainee in the Facility shall be considered usual costs incidental to the operation of the Facility and part of the costs reimbursed by the fixed per day per Detainee (per diem} payment rate that is paid to GEO. 5.0 FACILITY EXPANSION GEO agrees to design, finance, and construct the Facility and any expansion thereofin accordance with ICE-approved plans and all applicable standards. The CITY agrees that it will provide any and all assistance in facilitating all local approvals required for the development ofthe Facility and any expansion thereof. 6.0 FAClLITY ACTIVATION SCHEDULE GEO hereby assumes and agrees without limitation to perform the CITY' s obligations and responsibilities with respect to the Facility activation schedule as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities ofthe CITY were fully rewritten herein as applying to GEO. 7.0 PAYMENT RATES The CITY shall pay GEO for its services Wlder this Contract the same per diem rates for Detainees housed under this Contract as the CITY i~ paid by ICE und~ the tenns ofthe then t-'WTent IGSA. GEO acknowledges and agrees to bill the CITY on the same basis as the CITY is pennitted to bill ICE, i.e., for the day of arrival of a Detainee, but not for tfle day of departure, as set forth in the IGSA. 8.0 PRICE ADJUSTMENTS GEO shall be entitled to receive from the ClTY the same price adjustment to the payment rates as the CITY may receive from time to time from ICE under the then current IGSA. 9.0 ADMINISTRATIVE FEE In recognition of the CITY's costs in time and resources to administer the IGSA entered into with ICE and this Agreement with GEO, GEO agrees to pay to the CITY an Administrative Fee in the Page2 GEO 00660 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 39 of 628 Page ID #:1936 amount of per year beginning on the first day that an ICE Detainee is housed in the 650 bed Facility, Adelanto East. In addition GEO agrees to pay to the CITY a rate o~per Detainee per day for all Detainees housed at the 650 bed Facility, Adelanto West. Said monthly Administrative Fee shall be subject to an annual adjustment at the same time and by the same percentage as the IGSA Per Diem Rate may be adjusted from year to year. 10.0 MODIFICATION This Contract, or any of its specific provisions, may be revised or modified by signatory concurrence of the undersigned parties, or their respective official successors. 11.0 TRANSPORTATJON SERVICES GEO hereby assumes and agrees without limitation to perfunn the CITY's obligations and responsibilities -.vith respect to the transportation services as set forth in the JGSA, subject to and in full accordance with the tenns and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to OEO. 12.0 GUARD SERVICES GEO hereby assumes and agrees without limitation to perform the CITY's obligations and responsibilities with respect to stationary guard services for Detainees attending off-site court proceedings or who are committed to a medical facility, as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to GEO. 13.0 MEDICAL SERVICES GEO hereby acknowledges that the CITY will be responsible for providing all health care services for Detainees. G EO agrees without limitation to perform the CITY's Detainee health care security and transportation obligations and responsibilities as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to OEO. 14.0 RECEIPT AND DISCHARGE OF FEDERAL DETAJNEES GEO hereby assumes and agrees without limitation to perform the CITY's obligations and responsibilities with respect the receipt and discharge of Detainees as set forth in the lOSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to OEO. to 15.0 INSPECI'ION GEO hereby acknowledges and agrees without limitation to the right of ICE and the CITY to perform periodic inspections of the Facility by lCE and/or the CITY inspectors, subject to and in full accordance with the terms and conditions set forth in the lGSA, as though such right of inspection was fully rewritten herein as applying to GEO. Page3 GEO 00661 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 40 of 628 Page ID #:1937 16.0 BILLING PROCEDURE GEO hereby assumes and agrees without limitation to perform the CITY's obligations and responsibilities with respect to the procedures for preparing and submitting payment invoices as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities ofthe CITY were fully rewritten herein as applying to GEO. The CITY hereby appoints OEO as its billing agent for all purposes set forth herein and in the IGSA. 17.0 lCE CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) GEO hereby acknowledges the individual or successor designated by ICE as its COTR for the TGSA, subject to and in full accordance with the tenns and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to GEO. 18.0 ATTACHMENTS GEO hereby acknowledges the Performance Requirements Summary (PRS), Reviewers Guide, and the Government Quality Assurance Program (QASP) attached to the JGSA, and agrees without limitation to the applicability and enforceability ofsuch attachments to GEO' s performance under this Contract in full accordance with the tcnns and conditions set forth therein. as though such obligations and responsibilities of the CITY thereunder were fully rewritten herein as applying to GEO. 19.0 PHYSICAL PLANT/PROPERTY TAXES OEO hereby assumes and agrees without limitation to fully and properly maintain the Facility's physical plant, without any cost to the CITY. and to pay such property taxes as may be lawfully assessed against the Facility by a local taxing authority as same become due and payable. 10.0 INDEMNIFICATION AND INSURANCE 20.1 Insurance. In connection with all aspects of the management and operation of the Facility, including any functions perfonned by contractors and sub-contractors, GEO will maintain and provide evidence of a comprehensive and adequate plan of insurance .coverage, including the following: A. Workers Compensation, including Employers Uability Coverage, U.S. Longshoremen and Harbor Workers' Act coverage and Stop-Gap coverage, as prescribed by applicable law. B. Employers Liability, in the following amounts: • Bodily Injury by Accident $I ,000,000 each accident • Bodily Injury by Disease $1,000,000 policy limit • Bodily Injury by Disease $1 ,000,000 each employee C. Commercial General Liability Limits of Liability Page4 GEO 00662 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 41 of 628 Page ID #:1938 • • • • • • • • • • • GeneraJ Aggregate (Other than Products/Completed Operations) $20,000,000 Products-Completed Operations Aggregate $5,000,000 Personal & Advertising Injury Limit $5,000,000 Each Occurrence Limit $5,000,000 Fire Damage Limit $5,000,000 General Liability Covenlge shall include: Premises-Operations Liability Liability to the County and third parties for the negligent acts of contractors and sub-contractors engaged by GEO Products and Completed Operations Liability Liability assumed by OEO under this Agreement or an agreement with a third party Physical Damage to Property in GEO's care, custody or control (Broad Form P.D.) • • • Liability to the County or unrelated third parties for loss ofmoney, securities, inventory, or other property occasioned by the theft of such property by GEO employees Professional Liability Coverage Additional insured status for coverage under a contract, sub-contract or other agreement, shall include the County as additional insw-ed D. Auto Liability • Policy Limits $3,000,000 each accident • Vehicles Covered: All owned, leased, hired and non-owned vehicles, both private passenger and commercial - types, used by GEO and its employees • Coverage Extensions: Deletion of Fellow Employee Exclusion; Uninsured Motorists and PIP coverage; Coverage for Additional Insured E. Umbrella Liability covering commercial general liability and auto • $25,000,000 each occurrence • $25,000,000 products/completed operations aggregate • $25,000,000 .general aggregate (other than products/completed operations) F. Excess Liability covering commercial general liability and auto • • • S25,000,000 eacll occurrence S25,000,000 products/completed operations aggregate $25,000,000 general aggregate (other than products/completed operations) G. ''All Risk- property insurance covering all buildings and contents valued at an agreed replacement cost H. All coverages shall be provided by a canier(s) duly authorized to do business in the State of California. I. GEO shall submit to the CITY certificate(s) evidencing coverage as required PageS GEO 00663 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 42 of 628 Page ID #:1939 herein, no later than thirty (30) days following execution of this Contract, and in no event later than the day OEO commences management and operation of the Facility, and annually thereafter within ( 10) days ofthe anniversary date ofany and all policies. J. 20.1 There shall be no change of policy provisions, including decreases of insurance coverage, without prior written approval of the CITY. Indemnification. GEO agrees to indemnify and hold hannless the CITY and lCE, their officers, agents, employee and their assigns, from and against: A. Any and all claims or demands arising from or related to the management and operation of the Facility, whether or not GEO is insurod for such claims or demands, including without limitation, any and all claims ordemands arising from or related to: (i) (ii) (iii} (iv) (vi} any physical damage to the Facility or the contents thereof related to or arising from the negligence of OEO or its agents, contractors, subcontractors or employees; any breach or default on the part of GEO in the performance of any covenant or agreement to be performed pursuant to the terms hereof, any action or inaction caused by negligence, gross negligence, willful misconduct, malicious conduct, or bad faith of GEO, or any of its agents, contractors, subcontractors or employees, whether employed directly by GEO or under the supervision of GEO; any accident, injury, death or damage whatsoever to any person or property on the premises of the Facility, regardless of whether such person was, or property belonged to, an inmate, a person detained, a guest or a visitor to the Facility; and any claim of any kind brought by or on behalf of any Detainee, or former Detainee, detained under OEO's supervision and arising from Detainee's treatment, conditions of custody, care, property, or any other claim arising from confinement of any Detainee in the Facility. GEO shall be responsible for all costs. including but not limited to attorneys· fees. expenses incurred and liabilities arising from any claim, deoiand, action, litigation. lawsuit or other proceeding related to the management and operation of the Facility. OEO shall not be responsible for any claim or demand directly related to a specific overt action taken by any officiaJ, officer, employee or agent of the .CITY that contra:venes the policies and procedures of GEO. 20.2 Notice of Utigation and Claim1. The CITY and GEO shall promptly notifY the other in writing of the receipt of any legal suit or claim which may affect OEO, the CITY or tbe Facility. The CITY shall have the right, at its option, to participate in the defense of any Page6 GEO 00664 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 43 of 628 Page ID #:1940 litigation, claim or demand, without relieving GEO of its obligations hereunder. 21.0 20.3 Defense or Immunitv. By entering into this Contract, neither the CITY nor GEO waives any immunity or defense that may be available to it by operation of law, including any limitation on the amount of damages that may be awarded. 10.4 CompUance with <£!!rt Orders. GEO shall comply with all current or future court orders or injunctions concerning the Facility. NOTICES Any notice provided for in this Contract shall be in writing and served by personal delivery, United States Mail, retwn receipt requested, at the addresses set forth below, until such time as written notice ofchange ofaddress is received from either party. Any notice so mailed, served, or personally delivered shall be deemed delivered and effective upon receipt or upon attempted delivery. This method ofnotification will be used in all instances, except for emergency situations when immediate notification is required pursuant to the appropriate sections ofthis Contract. To the CITY: D. James Hart, Ph.D. City Manager/Executive Director City of Adelanto P.O. Box 10 Adelanto, CA 92301 To GEO: John Bulfin, General Counsel The GEO Group, Inc. One Park Place 621 Northwest 53rd Street Boca Raton, FL 33487 12.0 ASSIGNMENT AND SUBCONTRACfiNG GEO hereby assumes and agrees without limitation to the scope of and limitations upon the CITY's rights of assignment and/or subcontracting as set forth in the lGSA, subject to and in full a~rdance with the terms and conditions set forth therein, as though such scope and limitations of the CITY' s rights ofassignment and/or subcontracting under the IGSA were fully rewritten herein as applying to GEO. l3.0 LEGAL AUTHORITY ·- The CITY and GEO assure and guarantee that each possesses the legal authority to enter into this Contract. The persons executing this Contract on behalfofthe CITY and GEO do hereby warrant and guarantee that they have full authorization to execute this Contract. 24.0 CONFIDENTIALITY OF RECORDS Page7 GEO 00665 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 44 of 628 Page ID #:1941 OEO hereby assumes and agrees without limitation to perfonn the CITY's obligations and responsibilities with respect to the confidentiality ofiCE records as set forth in the IGSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to GEO. 25.0 RECORDS RETENTION AND ACCESS GEO hereby assumes and agrees without limitation to .perfonn the CITY's obligations and responsibilities with respect to records retention and access as set forth in the !GSA, subject to and in full accordance with the terms and conditions set forth therein, as though such obligations and responsibilities of the CITY were fully rewritten herein as applying to OEO. 26.0 SEVERABILITY To the extent that this Contract may be executed and performance ofthe obligations ofthe parties may be accomplished within the intent of the Contract, the tenns of this Contract are severable, and should any term or provision hereofbe declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other tenn or provision hereof. The waiver of any breach of a tenn hereofshall not be construed as a waiver ofany other tenn, or the same tenn upon subsequent breach. 27.0 NO THIRD PARTY BENEFIT This Contract shall benefit and burden the parties hereto in accordance with its terms and conditions and is not intended, and shall not be deemed or construed, to confer any rights, powers, benefits, or privileges on any person or entity other than the parties to this Contract, except lCE as set forth herein. This Contract is not intended to create any rights, liberty interests, or entitlements in favor of any Detainee. The Contract is intended only to set forth the contractual rights and responsibilities of the Contract parties. Detainees shall have only those entitlements created by Federal or State constitutions, statutes, regulations or case law. 28.0 EXCLUSIVE VENUE The mandatory Venue for any legal action arising from this Contract shall be in San Bernardino County, California. 29.0 CONTINGENCY This Agreement is contingent upon, and will not take effect until the date of, the execution ofan Inter-Governmental Services Agreement (IOSA) between the City of Adelanto, California (the CITY) and the United States Immigration and Customs Enforcement (ICE), which IGSA has first been reviewed and approved by GEO for execution by the CITY. Page 8 GEO 00666 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 45 of 628 Page ID #:1942 IN WITNESS WHEREOF, the undersigned authorizedpartieshaveaffixed their signatures effective the date first set forth above. THE GEO CROUP, INC. C ITY OF ADELANTO ' ~r D. James Hart, PhD. City Manager/Executive Director Page9 GEO 00667 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 46 of 628 Page ID #:1943 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 47 of 628 Page ID #:1944 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 DEPOSITION OF JULIO CESAR BARAHONA CORNEJO TAKEN ON MONDAY, JUNE 10, 2019 KIMBERLY E. LEPINS, CSR NO. 9592, RPR Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 48 of 628 Page ID #:1945 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 18 ) ) ) ) ) ) ) ) ) ) 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. ) ________________________________) 19 Interpreted deposition of JULIO CESAR BARAHONA CORNEJO, 20 taken by the Defendants, The GEO Group, Inc.; Diaz, 21 Duran, Campos; City of Adelanto, at 1770 Iowa Avenue, 22 Suite 240, Riverside, California, commencing at 11:02 23 a.m., MONDAY, JUNE 10, 2019, before KIMBERLY E. LEPINS, 24 CSR No. 9592, RPR, for the State of California, pursuant 25 to Notice. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 CASE NO. 5:18-cv-01125-R-GJS 2 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 49 of 628 Page ID #:1946 1 2 Q. How long were you at this facility before you went to Adelanto? 3 A. I believe it was around three days. 4 Q. Did you have any problems with the living 5 conditions there? 6 A. No, never. 7 Q. Were you told why you were being transferred to 8 Adelanto? 9 A. No. 10 Q. When you arrived at Adelanto, were you given a 11 uniform? 12 A. Yes, a blue one. 13 Q. Were you -- did you receive any documents to 14 review from the facility? 15 A. Yes. 16 Q. Can you recall what documents those were? 17 A. No. 18 Q. Were the documents in Spanish? 19 A. No, I don't remember. 20 Q. Do you recall receiving a book from -- or a 21 manual from GEO? 22 A. A manual about what? 23 Q. The rules for detainees. 24 A. Yes, yes. 25 Q. Did you read over the rules? 22 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 50 of 628 Page ID #:1947 1 A. Yes, I had been reading for a little bit. 2 Q. And did you watch a video about rules? 3 A. No, I don't remember. 4 Q. Do you remember watching any video? 5 A. I don't remember. 6 7 MS. STROTTMAN: I'm going to mark this as Exhibit 1. 8 (Deposition Exhibit 1 was marked for 9 identification and is attached 10 hereto.) 11 BY MS. STROTTMAN: 12 Q. Do you recall signing this document? 13 A. I don't remember. 14 Q. Is that your signature at the bottom? 15 A. Yes. 16 Q. And is that the approximate date that you 17 arrived? 18 A. 19 it was. 20 Q. 21 It's just that I don't even remember what date Do you recall receiving a book from immigrations and customs? 22 A. 23 I don't remember. MS. STROTTMAN: 24 Exhibit 2. 25 // I'm going to mark this as 23 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 51 of 628 Page ID #:1948 1 (Deposition Exhibit 2 was marked for 2 identification and is attached 3 hereto.) 4 (A discussion was held off the record.) 5 BY MS. STROTTMAN: 6 7 Q. Did anyone go over the rules about phone calls with you? 8 A. No. 9 Q. Do you know what a three-way call is? 10 A. I don't know what really well, what that is. 11 Q. Okay. Do you understand that if you called out 12 from the prison, that person could not call someone 13 else? 14 A. Uh-huh, yes. 15 Q. There was a procedure at the prison where you 16 had to be at your bed by count; is that correct? 17 A. This is referring by what? 18 Q. By count. 19 A. Yes, at the beginning, we had to be right in 20 front at our bed. 21 Q. And how many times a day did they count you? 22 A. Around three, four. 23 Q. Was it at specific times during the day? 24 A. It was -- I don't know how their schedule was. 25 Q. Okay. Was it after breakfast? 24 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 52 of 628 Page ID #:1949 1 A. I don't remember. 2 Q. Did you understand that if you did not stand 3 for count, you could be disciplined? 4 5 MS. SWEETSER: Objection, vague. BY MS. STROTTMAN: 6 Q. You can still answer. 7 A. What do you mean? 8 understand. 9 Q. 10 It's just that I don't Did you understand that you had to stand in front of your bed for count? 11 A. Yes. 12 Q. And did you understand you could be disciplined 13 if you did not follow those rules? 14 A. Yes. 15 Q. And how did you know this? 16 A. Well, because they -- well, for example, 17 sometimes we would fall asleep and, for example, if you 18 were sleeping, the one next to you, so that you wouldn't 19 get scolded or tell you anything, he would touch you to 20 wake you up. 21 But the officers didn't like that. Some of them that spoke Spanish would say that 22 they were going to punish the one that was waking up the 23 person that was sleeping. 24 up, the officer would come over and he would -- he hit 25 the bottom of the bed like this (indicating), pop, pop. And when nobody would wake us 25 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 53 of 628 Page ID #:1950 1 made out of the Maruchan -- from the ones that come in 2 the -- in the bags, we would make small shoes out of the 3 Maruchan soup bags. 4 the young girls, the ones that go to the side. 5 would come and take those and throw them away. 6 BY MS. STROTTMAN: 7 8 Q. And we also would make purses for And they On the date of the incident, did you make a complaint about throwing away belongings? 9 A. Yes, I -- I believe so. 10 Q. And was the complaint about what you had just 11 12 described? A. Some of those things, and some other things, 13 that, for example, also because we did not have the time 14 to eat food, and we would leave the fruit, and then we 15 would put it away so that whenever we would get hungry, 16 and if they would see that we had put away, they would 17 also throw it away. 18 Q. Any other examples that you can think of? 19 A. No, I just remember that. 20 Q. Did you ever file a complaint about being 21 mistreated by officers? 22 A. Until the day of the incident. 23 Q. And what was the complaint on the day of the 24 25 incident? A. That we wanted to talk to someone that was in 35 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 54 of 628 Page ID #:1951 1 charge of the place, and that we wanted to explain 2 everything that was going on in the detention center. 3 Q. What was the biggest thing that you wanted to 4 talk about? 5 A. Well, the main thing was -- I believe it was 6 the bail, and also because there was some of those 7 officers there that were not treating us well. 8 9 Q. And how were the officers not treating you A. That sometimes some of them, we would ask them well? 10 11 for something, and then they would tell us that they did 12 not speak Spanish. 13 someone else coming to them speaking Spanish. 14 would answer them in Spanish, and yes, they would make 15 us feel bad because of the fact that, yes, we did not 16 speak any English. And maybe later on, we would see Then they 17 Q. Any other mistreatment from the officers? 18 A. Just the issue with the pepper spray on the day 19 of the incident. 20 Q. 21 at Adelanto? 22 A. 23 Do you have any problems with church services No. MS. STROTTMAN: 24 // 25 // I'll mark this as Exhibit 3. 36 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 55 of 628 Page ID #:1952 1 (Deposition Exhibit 3 was marked for 2 identification and is attached 3 hereto.) 4 BY MS. STROTTMAN: 5 6 Q. Is this the list of problems that you presented in June? 7 A. Yes. 8 Q. Do you know who wrote this document? 9 A. No, I don't remember. 10 Q. Do you remember meeting with other detainees to 11 come up with this list? 12 A. Yes. 13 Q. Do you remember how many times you met? 14 A. One. 15 Q. Do you know when this was? 16 A. The night before the incident. 17 Q. Do you remember whose idea it was to come up 18 with a list? 19 A. 20 21 22 25 I believe it was all of us, the ones who participated to present it. Q. The people who participated, were you a group of people who got together regularly in the facility? 23 24 When did you meet? MS. SWEETSER: Objection, vague. BY MS. STROTTMAN: Q. You can answer. 37 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 56 of 628 Page ID #:1953 1 hunger strike? 2 A. Before or once we -- during the strike? 3 Q. At any point in time, did you tell anyone that 4 you were going on a hunger strike? 5 A. We told one of the officers at that moment that 6 we were sitting there at the chair; we told one of the 7 officers. 8 Q. Is that the officer standing at the podium? 9 A. Yes. 10 Q. And who spoke to him? 11 A. Other people. I believe someone interpreted, 12 but I don't remember who they were because he did not 13 speak Spanish. 14 him, but since he did not speak Spanish, another one 15 came over, and he said that he'll tell him what's going 16 on. 17 18 19 20 Q. My mates, they just took the sheet to Do you know who the person is who helped translate? A. No, no, because I did not know the name for everyone that were there. 21 Q. Were you up at the podium? 22 A. No, I was sitting down. 23 Q. So you didn't hear what was said? 24 A. Oh, no, I hardly heard anything. 25 Q. So you don't know if they mentioned the hunger 42 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 57 of 628 Page ID #:1954 1 strike to the officer? 2 3 A. the sheet and they were reading it to him. 4 5 I suppose, yes, because they were handing him Q. Does the sheet mention anything about the hunger strike? 6 A. No, but he was told that -- well, I suppose my 7 mates had said that they were going to talk to him about 8 that. 9 10 11 Q. So you're just guessing about what they said to A. No. him? 12 MS. SWEETSER: 13 THE WITNESS: Objection, argumentative. No, because we had already talked 14 to the mates, that they were going to tell him about the 15 strike. 16 BY MS. STROTTMAN: 17 Q. Did anyone else take a tray of food? 18 MS. SWEETSER: 19 THE WITNESS: Objection, overbroad. I don't know because I -- I could 20 only remember what I did. 21 you what they did, like who grabbed one and who didn't. 22 BY MS. STROTTMAN: 23 24 25 Q. I wouldn't be able to tell So how did you decide who was going to go speak to the officer? A. Well, we got together and we all -- we were all 43 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 58 of 628 Page ID #:1955 1 your strike? 2 A. No, no, because it was a personal decision. 3 The ones that wanted to participate could -- could 4 participate and the ones that didn't, they didn't have 5 to. 6 7 8 9 Q. But did you ever try to inform more people that you were going on a hunger strike? A. Some of them knew, but like I said, it was a personal decision. 10 Q. How long were you planning not to eat? 11 A. It wasn't something that we planned. It was -- 12 we were just going day by day. Our main objective more 13 than anything was to be heard. I believe it was our 14 main objective in regards to the strike. 15 16 17 18 19 20 21 22 23 24 25 Q. Why did you decide to stay at the tables instead of go back to your bed? A. We wanted -- we wanted them to give us attention so that we could explain to them the issues. Q. Typically after breakfast, how much time do you have before you go back to your bed for count? A. I don't know the specific time. I wouldn't be able to tell you. Q. But you knew after breakfast you were supposed to go back to your bed for count? MS. SWEETSER: Objection, lacks foundation. 45 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 59 of 628 Page ID #:1956 1 what we would do. 2 3 Q. When you stayed at the table after breakfast, do you know what the other inmates were doing? 4 A. No, I was just sitting -- was just sitting at 5 the table. 6 see what the other ones were doing. 7 8 Q. I wasn't looking at to see -- or looking to Typically could you stay at the breakfast table after breakfast? 9 A. No, I don't remember. 10 Q. Did you -- the day of June 12th, did you think 11 that you could keep sitting at the table after 12 breakfast? 13 A. No, I -- I don't know. 14 Q. Was there anyone else in your group 15 participating in the strike who spoke English? 16 17 A. Marvin Grande, he understood, but it was just a little bit. 18 19 No. Q. Did anybody give you a verbal order to go back to your bunk? 20 A. Verbal like how? 21 Q. Did any officer tell you to go back to your A. A lady that got there, she -- she did not speak 22 23 bunk? 24 Spanish. We -- we would just hear that she would keep 25 talking in English, but I wouldn't be able to tell you 47 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 60 of 628 Page ID #:1957 1 tables? 2 A. Oh, yes. 3 Q. Is your bed in this view? 4 A. Yes, on the bottom. 5 Q. Okay. 6 And how many people were in your particular bunk area? 7 A. I don't know. 8 Q. Okay. 9 10 I am pausing the video at 6:22 a.m. Do you recognize the person at the bottom of the screen who is approaching the podium? 11 A. Yes. 12 Q. Who is that? 13 A. Isaac. 14 Q. And at the bottom of the screen, that's the 15 officer who you were talking about before; is that 16 correct? 17 A. Yes. 18 Q. Okay. 19 And when Isaac came up to the podium, where were you? 20 A. At the table. 21 Q. Did Isaac volunteer to go speak to the officer 22 23 24 25 or did someone ask him to go speak to the officer? A. I don't remember if somebody asked him to or if he just volunteered. Q. I don't remember. At this time, were you the only -- was your 50 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 61 of 628 Page ID #:1958 1 2 3 BY MS. STROTTMAN: Q. This is at 6:23 a.m. the second person who came up to the podium? 4 A. That's Isaac. 5 Q. Okay. 6 Do you recognize who's So who is the person closest to the podium at 6:23 a.m.? 7 A. Marvin Grande. 8 Q. Do you know why Marvin Grande came to talk to 9 the podium? 10 A. No, I don't know. 11 Q. Was Isaac giving the officer back the same list 12 again? 13 A. I don't remember. 14 Q. Okay. 15 Did Marvin tell you what he spoke to the officer about? 16 A. No, no. 17 Q. Do you remember what you were talking -- or 18 were you talking to anyone at the table while this was 19 going on? 20 A. No, I don't remember. 21 Q. Okay. So at 6:24 a.m., at the screen there's 22 someone in the middle of the screen. 23 who that person is? 24 25 A. Do you recognize I cannot see the person. MS. SWEETSER: Just for the record, you're 55 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 62 of 628 Page ID #:1959 1 pointing to the person who is standing, not the one who 2 is sitting at the table? 3 MS. STROTTMAN: Correct, yes. 4 So for the record, I'm referring to the person 5 standing next to the stairs. 6 BY MS. STROTTMAN: 7 8 Q. Do you recognize -- can you recognize that person at all? 9 A. It's Omar. 10 Q. That was Omar Martinez? 11 A. Yes. 12 Q. And was he getting someone to help translate 13 That's Omar. for this situation? 14 A. I don't know. 15 Q. Okay. Do you know who the person -- so this is 16 now at 6:24 a.m., and there's a person with a white 17 shirt by the podium. 18 Do you know who that person is? 19 A. No, I don't know. 20 Q. Okay. Now we are at 6:24 and 50 seconds, and 21 there's a second person with a white shirt approaching 22 the podium. 23 A. No. 24 Q. Did you ever think of writing your list of 25 Do you know who that person is? demands in English? 56 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 63 of 628 Page ID #:1960 1 2 MS. SWEETSER: Objection, vague. BY MS. STROTTMAN: 3 Q. You can answer. 4 A. What video? 5 Q. The view of the podium, did you watch that 7 A. No, I don't understand. 8 Q. That's okay. 6 view? 9 10 Okay. So I am now looking at what's labeled at east 2C3. And is this the same eating area? 11 A. Yes. 12 Q. Okay. 13 tables here? 14 A. Yes. 15 Q. And the video is currently paused at 6:20 -- 16 And are you currently sitting at the 6:32 a.m. 17 Can you identify where you are sitting? 18 A. You want me to point or... 19 Q. Okay. 20 Are you on the left or right-hand side of the table? 21 A. On this side (indicating). 22 Q. Left? 23 A. Yes. 24 Q. Okay. 25 And are you at the table at the bottom of the screen or the table to the top of the screen? 59 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 64 of 628 Page ID #:1961 1 A. I'm to the one that's closer. 2 Q. To the bottom? 3 A. I just don't understand the bottom. 4 Q. So there's a table closer to the top of the 5 computer screen and closer to the bottom of the computer 6 screen. 7 A. Well, the one that's closer to the camera. 8 Q. Okay. 9 So this table (indicating) to -- here (indicating)? 10 A. Yes. 11 Q. I know that's not going to be reflected in the 12 record, but for my own clarification. 13 14 So I'll let the record reflect that it is the table closer to the bottom of the computer screen. 15 Okay. So it looks like there are five people 16 sitting at the table that you are sitting; is that 17 correct? 18 A. Yes, I see five. 19 Q. Okay. 20 four people? 21 A. Yes, I see them. 22 Q. Okay. 23 A. What I remember is Vladi. 24 Q. Who else? 25 A. And Alexander Burgos. And then at the other table, there are Who is sitting at your table? 60 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 65 of 628 Page ID #:1962 1 Q. Do you remember who else? 2 A. I can't really see the other ones. 3 Q. Okay. 4 So you said you are on the left side, correct? 5 A. Yes. 6 Q. Okay. 7 of the ends? 8 A. One of the ends. 9 Q. Okay. 10 Are you sitting in the middle or on one Is it towards the bottom or are you closer to the other table? 11 A. Closer to the other table. 12 Q. Okay. 13 14 15 16 17 18 19 20 I'm going to fast-forward this video. (Video being played.) BY MS. STROTTMAN: Q. Is the person sitting next to you, does he have a sheet of paper? A. I see something white. I just don't know if it's a sheet. Q. Okay. We're now at 6:33 p.m. -- or a.m., sorry. 21 The woman in the white shirt, is that who you 22 are referring to as the person who came to your table 23 before? 24 A. Yes. 25 Q. And was she only speaking in English? 61 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 66 of 628 Page ID #:1963 1 A. Well, more than anything, I was nervous. 2 Q. Do you know if anyone asked for an interpreter? 3 A. No, I don't remember. 4 (Video being played.) 5 MS. STROTTMAN: 6 9 I'm going to fast-forward this video. 7 8 Okay. (Video being played.) BY MS. STROTTMAN: Q. So when the officer in the white shirt came 10 out, were you just waiting for someone to come speak to 11 you about your list? 12 A. 13 14 15 16 17 (Video being played.) BY MS. STROTTMAN: Q. 20 21 22 Do you know if anyone tried to explain to the officers that you were participating in a hunger strike? A. 18 19 Yes. I don't remember. (Video being played.) BY MS. STROTTMAN: Q. So it is now 6:38 a.m. Is it accurate that you started holding hands at this point? A. Because we saw that the other mate -- the other 23 mates started to yell. 24 MS. TISHKOFF: 25 THE INTERPRETER: I'm sorry, started to what? To yell. 64 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 67 of 628 Page ID #:1964 1 Q. 2 before? 3 A. Where? 4 Q. Okay. 5 A. As far as I remember, no. 6 Q. Okay. 7 A. 9 Q. A. I don't remember. (Video being played.) BY MS. STROTTMAN: 16 Q. Okay. We are at 6:42 a.m. And there's an officer who's standing to your right. 18 19 Did anyone tell the officers that you wanted to speak to a superior at this point? 14 17 No. BY MS. STROTTMAN: 13 15 Before you came to Adelanto, had you (Video being played.) 11 12 We'll start with at Adelanto. ever participated in a protest before? 8 10 Had you ever done anything like a protest Do you remember if he tried to say anything to you? 20 A. No, I don't remember. 21 Q. Were the officers trying to pull you apart? 22 A. Yes, they were pulling us from the hands. 23 24 25 (Video being played.) BY MS. STROTTMAN: Q. And as they were pulling for you -- you from 68 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 68 of 628 Page ID #:1965 1 breathe. And my heart started to get agitated because I 2 was not able to bear the pain I was feeling on my face, 3 and my eyes were watery and phlegm was coming out of my 4 nose, and I remember that I felt that my skin was coming 5 off from the pain. 6 BY MS. STROTTMAN: 7 Q. So this was a spray from the other table? 8 A. Oh, no, it's because the lady was spreading it 9 10 11 throughout the -- all the area and that thing expands. Q. Did the woman in the white shirt ever spray you directly? 12 A. I don't remember because -- no. 13 Q. When you were experiencing the effects of the 14 pepper spray, did you ever tell any of the officers that 15 you needed medical care? 16 MS. SWEETSER: 17 THE WITNESS: 18 the question? 19 BY MS. STROTTMAN: 20 Q. Objection, vague as to time. Would you be more specific with So while you were sitting at the table and you 21 described that you were feeling the effects of the 22 pepper spray, did you ever ask any of the officers for 23 medical attention? 24 25 A. I don't remember. (Video being played.) 71 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 69 of 628 Page ID #:1966 1 that he had his head down. 2 BY MS. STROTTMAN: 3 4 Q. But when they tried to remove you from the table, you tried to stay there; is that correct? 5 A. I just remained calm. 6 Q. But you -- 7 8 THE INTERPRETER: Interpreter correction. sorry. 9 MS. STROTTMAN: 10 Yeah. THE INTERPRETER: 11 correction: 12 BY MS. STROTTMAN: 13 Q. This is the interpreter's I just remained still. Okay. But when you -- or when they tried to 14 remove you from the table, you did not go with the 15 officers; is that correct? 16 A. 17 18 I remained sitting. (Video being played.) BY MS. STROTTMAN: 19 Q. 20 21 I'm So we're at 6:47 a.m. Did you fall to the ground at any point in time? 22 A. Yes. 23 Q. Okay. 24 ground? 25 A. What happened while you were on the When they were pulling me, when I first was 73 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 70 of 628 Page ID #:1967 1 sitting, they were hitting me with the edge of the 2 table, my abdomen part, and when they threw me down, 3 they were also hitting me with -- there was also an edge 4 of the table, and it made me bleed in the abdomen area. 5 And when I fell there, I hit my knee and my 6 shoulders because I fell like this (indicating) without 7 putting my hands. 8 9 I just remember that they pulled -- put my hands back like this (indicating), and they handcuffed 10 me. And then later on, they were pulling me like this 11 (indicating). 12 They were taking me like this (indicating) with 13 my hands in the back. 14 taking me from the feet and some from the hands. 15 And I remember that some were Q. You said that you were bleeding in the abdomen 17 A. Yes. 18 Q. Can -- did you notice right away that you were 16 19 area? bleeding? 20 A. No, until later on. 21 Q. Do you know how you started bleeding? 22 A. No, because I was feeling different pain in 23 different areas that I wasn't focusing in one specific 24 area. 25 Q. So you said you hit your knee on the ground; is 74 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 71 of 628 Page ID #:1968 1 Q. Okay. 2 MS. STROTTMAN: 3 (Recess taken.) 4 (A discussion was held off the record.) 5 MS. STROTTMAN: 6 THE REPORTER: 7 (Video being played.) 8 9 10 We can go on break. Okay. Ready? Yes. BY MS. STROTTMAN: Q. So the officers took you out of the eating area; is that correct? 11 A. Yes. 12 Q. Okay. 13 A. They carried me like this (indicating). 14 And where were you taken after that? They threw me in that area where we used to go play. 15 Q. Were you able to walk? 16 A. Yes. 17 Q. So you said they took you to an area where you 18 19 used to play. A. Was that outside? It was an area where it was like a door and 20 there's some things there to exercise and to play 21 basketball. 22 Q. 23 Were any of the other detainees who were sitting at your table out there as well? 24 A. Yes, they had put 'em there. 25 Q. How long were you in that area? 76 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 72 of 628 Page ID #:1969 1 A. I don't know. 2 Q. Where did they take you after that? 3 A. To a room. 4 Q. And what happened in that room? 5 A. They kept us for a little bit in that room, and 6 I remember that because there was much pain and we were 7 all screaming and yelling and crying because we couldn't 8 bear the burning pain from the pepper spray and the 9 agony that I was feeling that I wasn't able to breathe. 10 And I remember that I was yelling for 11 something, that they would give me something for the 12 pain, and I remember that my mates were telling me to 13 calm down. 14 And also a nurse arrived, and I remember that 15 she put something like -- she put something, and when 16 she did it started going beep, beep, beep, beep. 17 everybody -- everybody was telling me calm down, calm 18 down. 19 And And then she would grab me like telling me to 20 calm down, and I couldn't because the pain that I was 21 feeling was so intense, it -- I felt anguish. 22 trying to contain what I was feeling, but the pain that 23 I was feeling was a lot of pain. 24 pain. 25 I was I've never felt that And I was only saying to just help me, that I 77 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 73 of 628 Page ID #:1970 1 couldn't bear the pain, and they did not give me 2 anything to calm or lower the pain. 3 I remember that I was told to take a shower, 4 that that was going to calm down the pain, and I 5 remember that someone took me and they put me like in 6 the shower. 7 But at the -- at the moment when I was 8 showering, because they put me in like this, my head in 9 like this (indicating), where the -- where the 10 showerhead was, and I was telling them to stop because 11 only my head was in like this (indicating) and I was 12 having a hard time breathing. 13 14 And he wouldn't stop from keeping my head in like this (indicating), and I felt the water very hot. 15 And the pain that I was feeling at the very 16 beginning, when the -- I felt it even stronger, double 17 as much the pain when the water was coming down. 18 And I remember that when he took me back to the 19 room again, I -- I was -- I remember that there was a 20 bench, and I was bending down from the pain. 21 bear it. 22 calm down, calm down; it's going to pass. 23 couldn't because it was too much pain, what I was 24 feeling. 25 Q. I couldn't And everybody, they were telling me calm down, But I So you were examined by the nurse in the small 78 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 74 of 628 Page ID #:1971 1 room? 2 A. Yes. 3 Q. And that was before the shower? 4 A. I don't remember. 5 Q. Do you remember which officer or do you claim 6 that it was an officer who put your head in the shower? 7 A. Yes. 8 Q. Do you know which officer it was? 9 A. No, because I couldn't see. 10 I could only hear his voice. 11 Q. Did you recognize his voice? 12 A. No, no. 13 Q. So how long were you -- how long do you claim 14 that you were in the small room? 15 MS. SWEETSER: 16 MS. STROTTMAN: 17 MS. SWEETSER: Between -- between coming out and going into the shower, you mean? 20 21 Well, he's only described one time. 18 19 Which time? MS. STROTTMAN: Well, he doesn't know if he was in the small room before or after the shower, so... 22 THE WITNESS: Would you -- would you ask the 23 question in a more specific way. 24 BY MS. STROTTMAN: 25 Q. Okay. So when you were examined by the nurse, 79 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 75 of 628 Page ID #:1972 1 would put the -- where they would store clothes because 2 my clothes was -- had the pepper spray all over it, and 3 they gave me another one so that I wouldn't be wearing 4 the one with the pepper spray. 5 Q. Did they give you a full new uniform? 6 A. I don't remember if it was full -- the full Q. Were there any other detainees with you at this 7 8 9 10 11 one. point? A. Always the same ones, the ones that had gone in with the strike. 12 Q. And did the other detainees get new clothes? 13 A. I'm not sure. 14 Q. After you got the new clothes, where did they 15 take you after that? 16 A. They took me to another room, another room 17 nearby. 18 Q. What happened in that other room? 19 A. A man came over to ask us what happened. 20 Q. And was he speaking in Spanish? 21 A. I don't remember. 22 Q. Did you describe what happened? 23 A. Yes. 24 Q. What did you tell him? 25 A. Where it was hurting. 82 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 76 of 628 Page ID #:1973 1 BY MS. STROTTMAN: 2 3 Q. Did you lose any privileges while you were in the hole? 4 A. I don't remember. 5 Q. Do you remember talking to a Officer Duran? 6 A. I don't remember the names. 7 Q. Okay. Do you remember talking to an officer 8 about the incident to determine whether you should be 9 punished or not? 10 11 A. A lady passed by. I remember she passed by, but I don't remember the name. 12 Q. Did you speak to her? 13 A. Yes. 14 Q. And what did you talk to her about? 15 A. In regards to that they had sprayed us on the 17 Q. What did she say to you? 18 A. That they were investigating to see if they 16 19 20 21 body. would punish us. Q. While you were in the hole, did you speak to any of the other detainees? 22 A. Only with Vladi. 23 Q. And what did you talk about? 24 A. Nothing, just things that had happened in our 25 It was along with him there. lives to have time pass. 87 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 77 of 628 Page ID #:1974 1 2 3 Q. your bond being too high while you were in the hole? A. 4 5 Do you remember talking to any officers about Yes, I remember I told. MS. STROTTMAN: I'm going to mark this as Exhibit -- 6 (A discussion was held off the record.) 7 MS. STROTTMAN: 8 (Deposition Exhibit 4 was marked for 9 identification and is attached 10 hereto.) 11 BY MS. STROTTMAN: 12 13 Q. This is Exhibit 4. Do you recall receiving this document, which is labeled 2431 and 2432? 14 A. No, I don't remember. 15 Q. On the second page, is that your signature on 16 the second page? 17 A. Yes. 18 Q. Is it possible that you received this document 19 which explains your rights at a disciplinary hearing? 20 A. Would you repeat the question? 21 Q. Is it possible that you received this document? 22 A. No, I don't know. 23 Q. Do you have any reason to believe that the 24 25 signature on the second page is not yours? A. No, it is mine. 88 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 78 of 628 Page ID #:1975 1 2 3 Q. Okay. And so this document has instructions in Spanish; is that correct? A. Yes, it is my signature, but honestly, I don't 4 remember that they -- the day when they gave me. 5 wouldn't be able to tell you. 6 Q. This I Do you remember a hearing in front of officers 7 where they were determining whether or not you would be 8 punished or not? 9 A. It's just that I don't remember about that. 10 Q. Do you remember receiving punishment for being 11 12 part of your protest on June 12th, 2017? A. 13 14 Will you ask the question again. MS. STROTTMAN: Sorry, could you repeat the question. 15 (Record read as follows: 16 "Do you remember receiving 17 punishment for being part of your 18 protest on June 12th, 2017?") 19 THE WITNESS: 20 from many of the other people. 21 BY MS. STROTTMAN: 22 23 Q. I was in a room that was isolated And you don't remember how long you were in this room? 24 A. No, I wouldn't able to tell you. 25 Q. But after you were in this isolation room, you 89 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 79 of 628 Page ID #:1976 1 A. No. 2 Q. After you left the isolation area, what you 3 call the hole, were you allowed to have recreation time 4 again? 5 A. Yes. 6 Q. Okay. 7 I'm going to give to you what I'm marking as Exhibit 5. 8 (Deposition Exhibit 5 was marked for 9 identification and is attached 10 hereto.) 11 BY MS. STROTTMAN: 12 Q. Do you remember receiving this incident report 13 telling you that you were going to be disciplined for 14 participating in the strike? 15 A. They gave me some papers. 16 Q. Okay. 17 papers? 18 A. Yes. 19 Q. So this document in front of you indicates that And were you able to understand these 20 you had a disciplinary hearing on June 15th, which was 21 three days after the incident. 22 23 Is there any reason why that would be incorrect or that that sounds incorrect? 24 A. Would you repeat the question. 25 Q. Yeah. Let me try to rephrase it better. 91 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 80 of 628 Page ID #:1977 1 This document indicates that you had a 2 disciplinary hearing on June 15th, which was three days 3 after the incident. 4 5 Do you have any reason to believe that that is incorrect? 6 A. No. 7 Q. And this document says (as read): 8 "Detainee understands his actions 9 were wrong, but all they wanted was to 10 talk to someone." 11 Did you tell someone this? 12 MS. SWEETSER: Objection, the witness hasn't 13 said he recognizes this document. 14 write this document. 15 16 The witness did not It calls for speculation. BY MS. STROTTMAN: 17 Q. You can still answer. 18 A. Would you specify or be more specific with the 19 20 question, please. Q. Did you tell anyone that you understood that 21 your actions were wrong, but all you wanted was to talk 22 to someone? 23 A. It's just that I don't remember. 24 Q. Is it possible that you said this? 25 MS. SWEETSER: Objection, asked and answered. 92 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 81 of 628 Page ID #:1978 1 2 Q. Did the officer tell you that individually or did he tell you that in a group? 3 A. In a group, the group that were on the strike. 4 Q. Did you have an immigration attorney while you 5 were at Adelanto? 6 A. Yes. 7 Q. What was your attorney's name? 8 A. Mona Lisa, but the last name is very 9 complicated. 10 Q. Any other attorneys? 11 A. Just her. 12 Q. Was she appointed by the court? 13 A. Yes, she -- she took my case. 14 Q. How frequently did you speak to your attorney? 15 A. I wouldn't be able to tell you how often. 16 Q. Prior to the incident, did you ever have 17 18 19 difficulty getting ahold of Mona Lisa? A. With some certain phone numbers, I wasn't able to make the call. They would get blocked. 20 Q. So this is before the incident? 21 A. No, after the incident. 22 Q. So what numbers do you claim were blocked after 23 the incident? 24 A. Some of -- that were some friends. 25 Q. Do you remember which friends' names? 94 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 82 of 628 Page ID #:1979 1 A. One that was called -- his name was Alex. 2 Q. Did Alex live in the United States? 3 A. Yes. 4 Q. And what were you calling him about? 5 A. Well, more than anything, something that had to 6 do with food. We didn't have money to eat because I 7 didn't have family that could help me. 8 Q. Is that Alex Mensing? 9 A. Yes. 10 Q. Okay. 11 A. No. 12 Q. Do you recall responding to discovery in this A. Would you be more specific? 13 14 15 16 17 And was he your immigration attorney? case? Because I didn't understand the question. Q. Did you get written questions -- do you remember responding to written questions in this case? 18 A. On what date? 19 Q. In February of this year. 20 A. And I answer those questions for who? 21 Q. The -- our office sent out questions. 22 23 MS. SWEETSER: Can we go off the record for one second. 24 (A discussion was held off the record.) 25 MS. STROTTMAN: Okay. We can go back on the 95 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 83 of 628 Page ID #:1980 1 A. I don't remember. 2 Q. And anyone else you had issues trying to call? 3 A. I don't remember who else. 4 Q. Do you remember what dates you believe your 5 phone calls were blocked? 6 A. No, no, I don't remember. 7 Q. Okay. 8 9 10 11 12 13 Can you explain to me why you thought the phone numbers were blocked? A. Because an operator would answer, and then after that, I couldn't hear anything else. Q. And you never had this problem before the incident? 14 A. No, I don't remember having -- having it. 15 Q. Were you using the same set of phones that you 16 used prior to the incident? 17 A. No, because I was in another room. 18 Q. Were you able to call anyone after the 19 incident? 20 A. I'm sorry? 21 Q. Were you able to call anyone after the 22 incident? 23 A. No, some -- some of them, no. 24 Q. Some of them, no, what does that mean? 25 A. That -- that some of them -- the one that I 97 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 84 of 628 Page ID #:1981 1 2 3 remember the most is Alex. Q. Okay. That's what I'm saying. But were you able to reach -- were you able to reach anyone else after the incident? 4 A. Yes, I spoke to some -- to other people. 5 Q. Do you recall who you were able to speak to? 6 A. With my wife. 7 Q. How did you know Alex? 8 A. Through Vladi. 9 Q. Was Alex part of an immigration group? 10 A. No, he helps immigrant people. 11 Q. Who's -- do you know what -- if he works for an 12 organization that helps immigrants? 13 A. Uh-huh, Pueblos sin Fronteras. 14 Q. And who's Esther? 15 A. She's also a friend. 16 Q. How did you meet Esther? 17 A. Through Alex. 18 Q. Is she who you consider a sponsor? 19 A. Uh, a friend, yes. 20 Q. Have you ever met her in person? 21 A. Yes. 22 Q. Did you know her before you came to Adelanto? 23 A. No. 24 Q. How many times did you meet Esther in person? 25 A. Many times. 98 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 85 of 628 Page ID #:1982 1 Q. When you were having -- when you claim you were 2 having issues with the phone, did you file a complaint 3 with the facility? 4 A. I don't remember if I filed it. 5 Q. Were you ever able to speak to Alex on the 6 phone after the incident? 7 A. I don't remember. 8 Q. How much longer were you at Adelanto after the 9 incident? 10 A. No, I don't know. 11 Q. Did you continue to have problems with your 12 phone the entire time until you left? 13 A. Yes. 14 Q. You have to use a code before you make calls; 15 is that correct? 16 A. Yes. 17 Q. Did you ever ask for a new code? 18 A. No, I don't remember. 19 Q. Do you remember doing anything to fix the -- 20 fix this problem? 21 A. I don't remember. 22 Q. How frequently did you speak to your wife 23 before the incident on the phone? 24 A. When I was there, she was still detained. 25 Q. Okay. But you spoke to her. Is it correct 100 NORMAN SCHALL & ASSOCIATES 1 (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 86 of 628 Page ID #:1983 COPY CERTIFICATE I, KIMBERLY E. LEPINS, Certified Shorthand Reporter for the State of California, hereby certify: THAT the foregoing is a true and correct copy of the original record of the testimony given by the witness and of all objections made at the time of the examination, to the best of my ability. 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 19th day of June, 2019. IM ERLY M. LEPINS Certified Shorthand Reporter Certificate No. 9592 NORMAN SCHALL ASSOCIATES (800) 734-8838 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 87 of 628 Page ID #:1984 ! f. I M o ~ :ve.>"> C r: ·-·-- ... _ ____ ,___ E -- ' ~ I Al•Judoo .J, ¥-113o.. (<:< -k f ' '{ Gs(fo d. lscro':r>1 ,'Y~~:o.·) 7./o•- ?r..r~ flZJ; ( ;-z::.v cic.:r'l <:'.., --proc.z.oo .,( .fe ( ds: -/ra-Y>">I·l".} -pu$C> h e·c:.&. d ./c~H,'c/o .:Jd ck~rndo ~ jl 1 / 1.1{..,/e:,., t)(/,'.h"c.,-,/c-c•'o.,.., i ·""' ii ..,. .. I I /Ylct-· pu.;•d""d -K I ~ I ""Do cvY"'<,,.fuc ,·o.,., I q_ ,-1 -;:;u s,:p.rJC, I /-; ; ¢t d-'CJ.v ::rn(J (..,J r-G.x:f1cM :""~ -t I.f.·.. fl ·w I ~ -tvs Jc.s ne I >\- i T c:> do docu)'v> tv• 4o ~- P000199 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 88 of 628 Page ID #:1985 i l !( (\ ~Y.;y:>v 'i O:.,v,pf,Jo (!.,., ~· .x;~J" f;,t. ( ; r ).., c: v 1 '-(CJ 1'r.-~, b , .:. · 9'-"• hone .1 ; .·o ~, 0' ~ el 5c. {; r t-(CJ ?~-·· ; ; ~> =·,,fc·,.,(.•J han~ _____________ J1 at day of ;:'"'3oa California. 11 12 13 14 15 il_ ' RODRICK GILLON 16 17 18 19 20 21 22 23 24 25 Page 180 Veritext Legal Solutions 866 299-S 127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 472 of 628 Page ID #:2369 11 II I 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES I fl ss. I' 11 11 3 4 5 II I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: II,, !I II II! j' 6 That prior to being examined, the witness named 7 In the foregoing deposition was by me duly sworn to 8 Testify to the truth, 9 the truth; 10 the whole truth, and nothing but [I il IIII II II II i:l n !I That said deposition was taken down by me in II!I li 11 shorthand at the time and place therein named and II !'I 12 thereafter reduced to typewriting under my direction, n 13 and the same is a true, 14 of said proceedings; 15 correct, and complete transcript That if the foregoing pertains to the original 16 transcript of a deposition in a Federal Case, before 17 completion of the proceedings, review of the transcript 18 19 20 21 was { } was not required. I further certify that I am not interested in the event of the action. Witness my hand this 29th day of May, 2019. 22 23 24 25 CHRISTINE RYBICKI, C.S.R. No. 13481 Page 181 Veritext Legal Solutions 866 299-5127 1'1 il Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 473 of 628 Page ID #:2370 INSTRUcnONS FOR READING/CORRECTING YOUR DEPOSITION To assist you in making corrections to your deposition testimony, please follow the directions below. If additional pages are necessary, please furnish them and attach the pages to the back of the errata sheet. This is the final version of your deposition transcript. Please read it carefully. If you find any errors or changes you wish to make, insert the corrections on the errata sheet beside the page and line numbers. If you are in possession of the original transcript, do NOT make any changes directly on the transcript. Do NOT change any of the questions. After completing your review, please sign the last page of the errata sheet, above the designated "Signature'' line. ERRATA SHEET Page Line C~: _______________________ R~~ ----------------------Change: ----------------------- Reason: ----------------------- Change: - - --------------- - -- Reaaon: -------------------Change: ----------------- ----R.eaaon: ---------------------- Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 474 of 628 Page ID #:2371 Page Line Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Subject to the above changes, I certify that the transcript is true and correct. / No changes have been made. I certify that the 1ranscript is true and correct. 1/-zl-11 Date Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 475 of 628 Page ID #:2372 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 476 of 628 Page ID #:2373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA ) MARTINEZ; ISAAC ANTONIO ) LOPEZ CASTILLO; JOSUE ) VLADIMIR CORTEZ DIAZ; JOSUE ) MATEO LEMUS CAMPOS; MARVIN ) JOSUE GRANDE RODRIGUEZ; ) ALEXANDER ANTONIO BURGOS ) MEJIA; LUIS PEÑA GARCIA; ) JULIO CESAR BARAHONA ) CORNEJO, as individuals, ) Plaintiffs, ) VS. ) Case No. ) 5:18-cv-011250-R-GJS THE GEO GROUP, INC., a ) Florida corporation; THE ) CITY OF ADELANTO, a ) municipal entity; GEO ) LIEUTENANT DURAN, sued in ) her individual capacity; ) GEO LIEUTENANT DIAZ, sued in) her individual capacity; ) GEO SERGEANT CAMPOS, sued in) his individual capacity; ) SARAH JONES, sued in her ) individual capacity; THE ) UNITED STATES OF AMERICA; ) and DOES 1-10, individuals, ) Defendants. ) ____________________________) DEPOSITION OF SARAH ANN JONES, LVN THURSDAY, JUNE 27, 2019 JOB NO. 3402468 REPORTED BY CHRISTINE RYBICKI, C.S.R. 13481 Pages 1- 220 Pages 160-218 Confidential and Bound Separately Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 477 of 628 Page ID #:2374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEPOSITION OF SARAH ANN JONES, LVN, TAKEN ON BEHALF OF THE PLAINTIFFS, AT 9:51 A.M., THURSDAY, JUNE 27, 2019, AT PERSONAL COURT REPORTERS, A VERITEXT COMPANY, 1520 NORTH MOUNTAIN AVENUE, BUILDING E, SUITE 135, ONTARIO, CALIFORNIA, BEFORE CHRISTINE RYBICKI, CSR NO. 13481, PURSUANT TO NOTICE. APPEARANCES OF COUNSEL: FOR PLAINTIFFS: SCHONBRUN, SEPLOW, HARRIS & HOFFMAN BY: CATHERINE E. SWEETSER, ESQ. -ANDKRISTINA HAROOTUN, ESQ. 11543 WEST OLYMPIC BOULEVARD LOS ANGELES, CALIFORNIA 90064 310.396.0731 CSWEETSER@SSHHLAW.COM KHAROOTUN@SSHHLAW.COM FOR DEFENDANTS THE GEO GROUP, INC.; GEO LIEUTENANT DURAN, CITY OF ADELANTO, GEO SERGEANT CAMPOS; AND GEO LIEUTENANT DIAZ: BURKE, WILLIAMS & SORENSEN BY: KRISTINA DOAN STROTTMAN, ESQ. 1851 EAST FIRST STREET SUITE 1550 SANTA ANA, CALIFORNIA 92705 213.236.2805 KSTROTTMAN@BWSLAW.COM FOR DEFENDANT SARAH JONES, LVN: LEWIS, BRISBOIS, BISGAARD & SMITH BY: JUDITH M. TISHKOFF, ESQ. 633 WEST 5TH STREET SUITE 4000 LOS ANGELES, CALIFORNIA 90071 213.680.5088 JUDITH.TISHKOFF@LEWISBRISBOIS.COM Page 2 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 478 of 628 Page ID #:2375 1 2 Q At some point did someone call you to come to 2 Charlie? 3 A I was asked by the lieutenant. 4 Q Is that Lieutenant Diaz? 5 A Yes. 6 Q When was that? 7 A While in medical. 8 Q How did she ask you? 9 A She said "Jones, will you come with me to 2 10 Charlie?" 11 Q So she came to medical? 12 A She was already in medical. 13 Q When did Lieutenant Diaz arrive to medical that 14 morning? 15 A I don't have a time. 16 Q Do you know if force had already been used at the 17 time that she asked you to come to 2 Charlie? 18 A No, it had not been. 19 Q What exactly did she say to you about why you 20 21 22 were coming with her? A She was called on the radio as a request from the officer in the dorm to 1014 to, or 87 to the dorm. 23 Q 1087? 24 A Yeah, that was just a code. 25 So they asked her to escort herself to the dorm. Page 79 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 479 of 628 Page ID #:2376 1 Q Is that the code -- 2 A Yeah. 3 Q Do you know what that code it? 4 come -- 5 A Yeah, just to come to. 6 Q Did you hear the radio call? 7 A Yes. 8 Q Was it Officer Jindi who was calling? 9 A I do not know. 10 Q Was it a female officer? 11 A I did not know. 12 Q Do you remember what exactly they said besides 13 Is it just to Mm-hmm. giving that code? 14 A They just said 2 Charlie and to Lieutenant Diaz. 15 Q Do you remember seeing Officer Gillon that 16 morning? 17 A Yes. 18 Q Did you see him talk to Lieutenant Diaz? 19 A No. 20 Q Did you see him before you arrived at 2 Charlie? 21 A We see each other just -- I mean, detainees. 22 Medical and security, we are around each other 23 throughout the shift. 24 25 Q Is that what you mean? No, I mean -- okay. So you got this -- you heard this radio call -Page 80 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 480 of 628 Page ID #:2377 1 A Yeah. 2 Q -- correct? 3 And then Lieutenant Diaz asked you to accompany 4 her? 5 A Yeah. 6 Q At any point before you arrived at 2 Charlie did 7 you see Officer Gillon on your way there? 8 A Oh, gosh. 9 Q But he wasn't in medical at the time that Officer 10 11 I don't remember. Jindi called? A No -- 12 MS. TISHKOFF: 13 THE WITNESS: 14 MS. TISHKOFF: Well, that lacks foundation --- not that I recall. -- 'cause she didn't know who 15 called, whether it was Jindi or not. 16 BY MS. SWEETSER: 17 18 Q He wasn't in medical at the time you received the radio call? 19 A Not that I recall, no. 20 Q Do you know why Lieutenant Diaz came to medical 21 that day? 22 A We had a previous code. 23 Q What was it concerning? 24 A It was a code blue. 25 Q There was a detainee in medical distress in Page 81 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 481 of 628 Page ID #:2378 1 2 A I followed her up to the area where the detainees were sitting. 3 Q Did you have any equipment with you? 4 A No. 5 Q So you just came without any equipment or 6 anything, just followed her? 7 A Correct. 8 Q At some point did another medical personnel -- 9 10 11 12 13 14 did the RN who was on duty that morning, did she arrive there at some point? A What do you mean by "at some point"? Before an actual -- like that's a little vague for me. Q Just, you know, while you were in 2 Charlie that morning -- 15 A Uh-huh. 16 Q -- did the RN arrive there later? 17 A To be honest, I don't remember. I know that 18 after -- I guess technically after the incident I do 19 recall her coming when I was in the rec yard, but not to 20 2 Charlie. 21 22 Q Okay. Okay. So you saw the officers and the detainees sitting at the tables? 23 A Mm-hmm. 24 Q And you said you followed her up to the area 25 where the detainees were sitting; is that right? Page 88 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 482 of 628 Page ID #:2379 1 A Yeah. 2 Q Where were you standing in relation to the 3 detainees? 4 A By the wall, like the shower wall. 5 Q Did you see Lieutenant Diaz talking to the 6 detainees? 7 A Yeah. 8 Q What do you remember her saying? 9 A I don't remember exactly what she said. 10 Q Do you remember her tone of voice? 11 A It was stern. 12 I do remember her telling them to rack up, but I don't know specifically. 13 Q Did she take out her pepper spray at that time? 14 A She walked in with the pepper spray out. 15 Q Do you remember having any kind of piece of paper 16 in her hand? 17 A At what point? 18 Q At the point she was talking to the detainees. 19 A Oh. 20 At all? No, I don't think she ever had paper in her hand. 21 Q Did you review a video for today? 22 A With my lawyer. 23 Q Did you review -- had you reviewed it previously? 24 A No. 25 Q Is that the first time? Page 89 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 483 of 628 Page ID #:2380 1 Q 2 bit. 3 4 Okay. I'm just gonna fast forward it a little I'm stopping it at 6:35:26. Do you remember who this person was, this officer down here? 5 A Well, that's his back. 6 Q Do you remember seeing another officer talking to 7 the detainees? 8 A Oh, it was very hectic. 9 Q Okay. 10 A Yeah. 11 Q So do you remember anyone besides Diaz saying 12 I don't know specifics. anything to the detainees? 13 A I remember Officer Callwell translating for her. 14 Q Was she -- sorry, is Callwell male or female? 15 A Female. 16 Q Was she translating for her while you were 17 18 19 20 standing next to her? A I don't know if I was specifically next to her, but I know I was near her. Q 21 You're speaking of Callwell? Yes. And you heard her translating for Diaz? 22 A Yeah. 23 Q Was that in the first part when Diaz first 24 25 entered? A Yes. Page 93 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 484 of 628 Page ID #:2381 1 all, but I would assume no. 2 MS. TISHKOFF: 3 guess or speculate. 4 THE WITNESS: 5 all. 6 BY MS. SWEETSER: 7 Q Don't make assumptions. Don't If you don't know, you don't know. Yeah, I don't deal with count at But you were making the suggestion because you 8 thought it would be a solution that would make everyone 9 happy? 10 A Right. 11 Q When you moved away from the scene, where did 12 you -- away from where you were by the wall, where did 13 you go? 14 A To like over to the right of the podium. 15 Q Let me fast forward it a bit more. I'll rewind a 16 little bit. I'm starting it around -- I'm starting it 17 at 6:36:34. I see there's some people walking over 18 toward the podium here. 19 Is that when you moved to the podium? 20 A 21 behind. 22 Q 23 24 25 Yeah, the officers went before me and I followed Great. Okay. Stopping at 6:36:50. So it was around 6:36 you went to the podium? A Yeah. Page 101 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 485 of 628 Page ID #:2382 1 Q 2 I'll fast forward it a little bit more. Can you see the screen? 3 A Yeah, for the most part. 4 Q Okay. 5 This is at 6:38:19. At this point were you still by the podium there? 6 A I believe so. 7 Q And were you just watching what was happening? 8 A Mm-hmm. 9 Q And then at one point did you try and radio 10 11 12 anyone or do anything related to what was going on? A No, it's security. I don't have any call. I don't have any jurisdiction to say anything. 13 Q So you were just there observing? 14 A Yeah. 15 Q At this point, 6:38:36, it looks like a detainee 16 is being pulled away from the table? 17 A Mm-hmm. 18 Q Does that look like what's happening to you? 19 A Yes. 20 Q Do you remember the detainees in the bunks doing 21 anything at that time? 22 A They were being loud and yelling. 23 Q Do you remember what they were yelling? 24 A No. 25 Q When did that start that the detainees in the Page 103 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 486 of 628 Page ID #:2383 1 2 3 4 5 6 bunks started yelling? A I don't know a specific time. They were rowdy during the whole encounter that I recall. Q So when you first arrived, you remember hearing the detainees in the bunks yelling down to you? A I don't know if they were yelling down, but they 7 were -- as you can see in the video, they're overlooking 8 like the walls. 9 some were making noises, but I don't know that they were 10 11 12 So they were visually observing and specifically saying anything. Q Do you remember any of the detainees saying "stop" or "don't do that," the ones in the bunks? 13 A I have no clue. 14 Q You don't really remember what they were saying? 15 A No. 16 Q And do you remember at this point when you saw 17 this detainee being pulled away from the table what you 18 thought about the use of force? 19 thoughts at that time? 20 MS. TISHKOFF: Did you have any Well, it's overbroad, vague, it 21 lacks foundation and it calls for speculation, it's also 22 irrelevant and -- but you can go ahead and answer if you 23 have -- 24 MS. STROTTMAN: 25 MS. TISHKOFF: Join that. Same objections. -- recall what your thoughts were Page 104 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 487 of 628 Page ID #:2384 1 2 Q detainee's been cleared? 3 4 5 6 And would the guards inform you when the A Yes, or medical. Not necessarily specifically Q Did you see where the guards were taking the me. detainee? 7 A No. 8 Q From where you were standing could you see how 9 the guards had handled the detainee? 10 A No. 11 Q Were you able to see whether or not they were 12 striking the detainee? 13 A Striking? 14 Q Striking, yeah. 15 A Are you implying like hitting? 16 17 mean by "striking"? Q 18 19 20 21 22 23 Is that what you Yeah. Could you see whether or not they were hitting the detainee? A I could see them standing with them, but I didn't see anybody being hit. Q I'm thinking at the time that you were at the podium you're some distance from the tables? 24 A Right. 25 Q Did you have a clear line of sight to see what Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 488 of 628 Page ID #:2385 1 2 Q So you don't remember any detainees making contact with that wall? 3 A Well, I didn't watch it, so I don't know. 4 Q I'm looking at 6:39:36. 5 6 At this point were you still near the podium or did you move anywhere? 7 A That's me (indicating). 8 Q Okay. So you're starting to move back farther? 9 A Yeah. Well, no, I've stayed right there by the 10 11 12 podium that whole time. Q Oh, okay. So you've been at the podium. this is you -- 13 A No, that's an officer. 14 Q Oh, okay. 15 A This is still me by the podium. 16 Q Oh, by the podium. 17 A Mm-hmm. 18 Q Okay. 19 20 21 22 23 24 25 And now sorry. A Okay. Great. So that's me moving to the right. So that's at 6:40:38. You're moving -- Can you point to yourself again? Uh-huh. That's me at the first table to the right of the podium. Q Okay. Do you remember why you decided to move at that time? A Yeah. to be loud. The detainees in the bunk areas continued I know they were yelling, but they were not Page 114 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 489 of 628 Page ID #:2386 1 2 Q And did he instruct everyone to calm down after you said that? 3 A Yes. 4 Q And did the people calm down? 5 A Yes, on the right side, on the right tier pretty 6 much everybody complied. 7 but some still remained standing. 8 9 Q Okay. On the left tier a lot did, I just fast forwarded it a little bit to 6:41:50. 10 At this point are you standing past the podium by 11 the tables that are past the podium from what's 12 happening? 13 A Yeah, I'm standing in between them. 14 Q And were you still observing generally what was 15 happening in the bunks or were you -- 16 A Yeah. 17 Q Were you looking at all of the tables that's 18 toward the camera where the detainees were sitting? 19 A No. 20 Q Okay. 21 And at this point I know you discussed a conversation you heard with Diaz and Callwell. 22 A Mm-hmm. 23 Q At this point which is I think about 6:42, had 24 you heard anything else being said to the detainees or 25 the detainees saying anything else who were at the Page 117 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 490 of 628 Page ID #:2387 1 A I do not. 2 Q Do you remember what you said to them? 3 A At that time specifically I do not just 'cause of 4 the time clock on here. 5 I had walked over, I know I walked closer to the tiers 6 because I was telling them to cover their face with 7 their blankets from the spray. 8 9 10 11 12 13 14 15 I do recall at some point when 'Cause I was coughing from the OC spray, so I was just advising them to cover -- for their respiratory, just to cover that are faces. Q Do you know if that's what's happening right now or if it happened earlier? A I don't -- I don't remember. I don't know. I can't tell. Q At this point one of the officers -- I think it's 16 one of the officers is going up the stairs; is that 17 right? 18 A Yeah. 19 Q Do you remember that happening? 20 A Nope. 21 Q Okay. 22 A Yeah. 23 Q -- back stairs, right? 24 A Yes. 25 Q At this point in the video, 6:45:59, are you this And you're still located back by the -- Page 120 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 491 of 628 Page ID #:2388 1 person who's walking -- 2 A Yeah. 3 Q -- toward the podium? 4 A Well, to the tables. 5 Q The tables? 6 A Yes. 7 Q The tables that are by the podium? 8 A Yes. 9 Q And do you remember if you could see what was 10 happening with the removal of the detainees at this 11 time? 12 A I just remember kind of walking back and forth in 13 that general area, but I don't know specifically what I 14 was seeing at that time. 15 16 17 Q Do you remember if you were paying attention to the tables again at this point? A The whole time I paid -- primarily my attention, 18 my focus was solely on the detainees in the bunk area. 19 Never -- never was my attention towards the situation. 20 21 22 Q So you don't have any specific recollection of what was happening with the removal of the detainees? A No. There was just -- all I know is there was a 23 commotion. 24 were coming in and out. 25 They were going -- you know, the officers And as you can see in the video, there was Page 121 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 492 of 628 Page ID #:2389 1 BY MS. SWEETSER: 2 Q You just noticed that there were more officers? 3 A Yeah. 4 Q And did you notice there was another supervisor? 5 A Honestly, at the time, no. 6 Q Did you notice anything that that supervisor was 7 I didn't focus on it. doing? 8 A No. 9 Q Did you see the supervisor deploy pepper spray? 10 A I did not. 11 Q Do you know if at this point at 6:46, if you're 12 aware of pepper spray in the room generally? 13 A At that moment, no. 14 Q I'll stop the video again at 6:46:59. 15 16 Did you see someone deploy pepper spray in the video? 17 A Yes. 18 Q Does that refresh your recollection at all about 19 seeing him deploy it that day? 20 A I didn't see that. 21 Q Okay. 22 23 Did you -- were you -- do you remember if at that time you could smell the pepper spray? A I was able to smell it at some point. I don't 24 know a specific timeframe, but based off of the video, I 25 would assume it was that time. Page 124 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 493 of 628 Page ID #:2390 1 photos. 2 This is GEO 482. Do you recognize this person? 3 A I can't even see his eyes, but no. 4 Q From that photo you can't -- 5 A Yeah. No, I can't. 6 Q Okay. And GEO 135, do you recognize this person 7 as someone you knew? 8 A No. 9 Q And GEO 1666, do you recognize this person in 10 No. that photo? 11 A Nope. No. 12 Q And GEO 1575, do you recognize this person? 13 A Nope. 14 Q So as far as you can remember, you hadn't had any 15 significant interaction with any of the detainees that 16 force was used on that day? 17 A No. 18 Q Okay. After -- so after you went back to 19 medical, when do you remember seeing one of the 20 detainees again? 21 A I recall being called by Callwell on the phone. 22 Well, they called medical. I happened to be the one 23 that answered. 24 going to be cleared by medical. 25 let her know I would come. And they asked when were the detainees And so I went to -- I I went en route to intake. Page 143 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 494 of 628 Page ID #:2391 1 2 Q time? 3 4 5 Were the detainees being held at intake at that A me. That's where they were, yeah, when they called They were in a holding cell. Q And it was your understanding that security 6 needed to clear the detainees for you to see them; is 7 that right? 8 A Yes. 9 Q Did she tell you on the phone they've been 10 11 cleared, for you to come now? A Yeah. She said that security was completed with 12 whatever and asked if medical can come and do their 13 part. 14 15 Q I said sure. And when she said she wanted the detainees to be cleared by medical, do you know what she meant by that? 16 A It's called the RHU clearance. 17 Q Is that restricted housing unit? 18 A Yes. 19 Q And what type of clearance has to be done for the 20 21 22 23 24 25 restricted housing unit? A You have to perform vital signs and do a general health assessment and fill out the body incident sheet. Q Is it different from the assessment you would do after a use of force? A No. Page 144 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 495 of 628 Page ID #:2392 1 A Two weeks. 2 Q Do you know generally what they taught you about 3 4 use of force incidents? A It was related to security, not medical, but 5 we're required to be present, that they spoke of like 6 the requirements for security officers as far as what 7 they're required to do. 8 And then just notified medical that when 9 security, typically a lieutenant or a sergeant, clears 10 the scene, then medical will do their medical 11 evaluations. 12 13 14 Q And what were you trained that medical evaluation should include? A Just a general assessment; making sure that no 15 injuries were acquired during whichever incident was 16 presented. 17 Q Is that like a physical exam? 18 MS. TISHKOFF: Lacks foundation. 19 You can go ahead. 20 THE WITNESS: Typically it's just vital signs and 21 going over a questionnaire with the detainee. 22 BY MS. SWEETSER: 23 24 25 Q Is the questionnaire a handwritten form that you fill out? A It's all electronic now, but we have hand copies Page 149 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 496 of 628 Page ID #:2393 1 A Yes. 2 Q How did you refer him to the RN? 3 A Verbally. 4 Q So she was present at that time? 5 A Yeah, she was in medical. 6 Q Okay. 7 A Okay. 8 Q So you said that it was Officer Callwell that 9 So let me back up a bit. called to have you clear the detainees; is that right? 10 A Yes. 11 Q And they were in a holding cell near intake; is 12 that right? 13 A They were in intake. 14 Q They were in intake in a holding cell; is that 15 right? 16 A Yes. 17 Q Did you go to that holding cell? 18 A Yes. 19 Q When you got to the holding cell, did you find 20 that the pepper spray was still present in the air? 21 A I don't recall. 22 Q Do you remember saying anything to the officers 23 about clearing out the air in the cell? 24 A No. I only asked her about the showering. 25 Q Was Officer Callwell present when you arrived? Page 153 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 497 of 628 Page ID #:2394 1 A To intake? 2 Q Yes, to intake. 3 A Yes. 4 Q Do you remember what other officers were there? 5 A I don't believe there were any other officers. 6 Q Did you go into the holding cell? 7 A No, I stood at the doorway. 8 Q Did you have the detainees come to the doorway to 9 10 be cleared? A I had them stand there because they -- I was told 11 they weren't able to leave the holding cell, so I had 12 them come up one at a time to the doorway. 13 14 Q What equipment did you take with you to the holding cell? 15 A A vital machine. 16 Q And is that the same type of machine that we see 17 Nurse Holmgren holding in the video? 18 A Yes. 19 Q What does the vital machine measure? 20 A What does it measure? 21 Q Yeah. 22 23 24 25 Tell me the different vital signs that you can measure using that machine. A Oh. Temperature, blood pressure, pulse ox and heart rate. Q Is pulse ox a mixture -- can you explain to me Page 154 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 498 of 628 Page ID #:2395 1 2 3 what that is? A Your oxygen level based off of your finger reading. 4 Q And then it takes your pulse as well? 5 A Yes. 6 Q Is the temperature based on your finger? 7 Is there a thermometer? 8 A Thermometer. 9 Q And a blood pressure is a cuff? 10 A Yes. 11 Q And you said there was one more reading. It took 12 temperature, blood pressure, pulse ox and one other 13 thing? 14 A Heart rate. 15 Q Heart rate. 16 17 18 19 And is that based on your finger as well? A It does it on your finger and as well with the blood pressure cuff. Q So did you have each detainee that was in the 20 holding cell do their -- did you do the vitals for each 21 detainee that was in the holding cell? 22 A Yes. 23 Q As you were doing that, did you do any other kind 24 25 of health assessment for those detainees? A I asked them if they had anything abnormal to Page 155 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 499 of 628 Page ID #:2396 1 report, if they inquired any injury. 2 translated that for me. 3 I documented it. 4 5 6 7 8 9 Q And Callwell And anybody that had anything, Do you remember the detainees complaining about the pepper spray? A I remember one saying that he had it on his arms and that's when I asked about the shower. Q Do you remember if any of the detainees were tearing at the time? 10 A No. 11 Q No, you don't remember or no, they weren't? 12 A Nobody was. 13 Q Do you remember about what time in the morning 14 Nobody was in any acute distress. this was? 15 A No. 16 Q Do you remember about how long it had been since 17 18 19 20 21 your shift ended? A A long time. I know I put the times on the paper, on their body sheet. Q Did you do any other kind of tests like urinalysis or any kind of diagnostic test on them? 22 A No. 23 Q So you asked Officer Callwell about the shower? 24 A Mm-hmm. 25 Q Did she -- and you said she was -- was it Officer Page 156 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 500 of 628 Page ID #:2397 CONFIDENTIAL 1 2 3 4 A No, that's indicating the incident that occurred that required for me to fill out this form. Q And you were aware of OC spray because you were present when it was deployed? 5 A Yes. 6 Q And when you say "denied pain," do you remember 7 8 9 what exactly the interaction was? A I just ask them are you in any pain, they answer yes or no and he replied no. 10 Q And you did that through Officer Callwell? 11 A Yes. 12 Q Do you have a specific recollection of him 13 replying no, or is that just something you know now from 14 the form? 15 A Well, I don't speak Spanish, but "no" is pretty 16 universal. 17 documented. 18 19 20 21 Q However, I know that based off of what I So as you sit here today, you don't really remember it, you just remember that you documented it? A Well, I remember nobody specifically complaining of any specific pain except for one of the detainees. 22 Q And who's that? 23 A I don't remember his name, but the gentleman with 24 25 the tooth also complained of shoulder pain. Q Was it your understanding that Mr. Garcia was Page 163 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 501 of 628 Page ID #:2398 CONFIDENTIAL 1 eyes, I don't know what you would call it, where if you 2 pull that level, then it -- instead of the water coming 3 out of the faucet it comes out where the eye washing 4 system would be so that water, it can rinse the eyeballs 5 out. 6 Q So I can describe a little how you were 7 gesturing. 8 saying that the eye washing station, the water would 9 come up toward your face instead of down in the sink; is 10 Just for the record, it looks like you're that right? 11 A Yeah. 12 Q And there's two separate streams, one for each 13 eye; is that right? 14 A Yeah. 15 Q Did you ask Officer Callwell about taking the 16 17 That's great. detainees to the eye washing station? A I just asked her in general if they could change 18 their clothes and for the one gentleman that had it on 19 his arms if he could rinse his arms, but nobody had 20 stated to have contact with the OC on their eyes and 21 denied having any of those complications. 22 not have then washed their eyes if they didn't have 23 contact with it. 24 25 Q So I would And it didn't look to you like they were tearing or there was OC on their eyes? Page 174 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 502 of 628 Page ID #:2399 CONFIDENTIAL 1 A No. 2 Q What did Officer Callwell say when you asked her 3 4 5 6 7 about the change of clothes? A She told me all of that happens at west because the intake at east is for female detainees only. Q Do you know if there were showers for male detainees in east facility? 8 A Say that one more time. 9 Q Do you know if there were showers for male 10 detainees in east facility? 11 A For male? 12 Q Mm-hmm. 13 A I just now that there are showers in the intake 14 area. 15 That's not my department. 16 Q I don't know who they're designated for or not. When you took Officer Reyes to the eye wash 17 station, about how long does the water need to run to 18 clear someone's eyes after they've been pepper sprayed? 19 20 21 22 A There's actually no specific time stated. You're supposed to run it till irritation ceases or goes away. Q Do you remember how long you ran it for Officer Reyes? 23 A I do not. 24 Q Did you do anything to relieve his difficulty 25 breathing? Page 175 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 503 of 628 Page ID #:2400 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) ss. 3 4 5 6 I, the undersigned, hereby certify under 7 penalty of perjury under the laws of the State of 8 California that the foregoing testimony is true and 9 correct. 10 Executed this ______________________ day of 11 ______________, 20_____ at ______________________, 12 California. 13 14 _____________________________ 15 SARAH ANN JONES, LVN 16 17 18 19 20 21 22 23 24 25 Page 219 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 504 of 628 Page ID #:2401 1 STATE OF CALIFORNIA ) 2 COUNTY OF LOS ANGELES ) 3 4 5 ss. I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: That prior to being examined, the witness named 6 In the foregoing deposition was by me duly sworn to 7 Testify to the truth, the whole truth, and nothing but 8 the truth; 9 That said deposition was taken down by me in 10 shorthand at the time and place therein named and 11 thereafter reduced to typewriting under my direction, 12 and the same is a true, correct, and complete transcript 13 of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, review of the transcript 17 { } was { } was not required. 18 19 20 I further certify that I am not interested in the event of the action. Witness my hand this July 23, 2019 21 22 23 <%13538,Signature%> 24 Certified Shorthand Reporter 25 for the State of California Page 220 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 505 of 628 Page ID #:2402 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 506 of 628 Page ID #:2403 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 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, I I 9 Plaintiffs, 10 vs. Case No. 5:18-cv-011250-R-GJS 11 12 13 14 15 16 17 18 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, ) ) 19 Defendants. ) ) 20 21 22 23 24 25 DEPOSITION OF OFFICER REBECCA JINDI FRIDAY, JUNE 14, 2019 JOB NO. 3400591 REPORTED BY CHRISTINE RYBICKI, C.S.R. 13481 PAGES 1 - 82 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 507 of 628 Page ID #:2404 1 2 3 4 5 6 7 8 DEPOSITION OF OFFICER REBECCA JINDI, TAKEN ON BEHALF OF THE PLAINTIFFS, AT 2:09 P.M., FRIDAY, JUNE 14, 2019, AT PERSONAL COURT REPORTERS, A VERITEXT COMPANY, 1520 NORTH MOUNTAIN AVENUE, BUILDING E, SUITE 135, ONTARIO, CALIFORNIA, BEFORE CHRISTINE RYBICKI, CSR NO. 13481, PURSUANT TO NOTIC~. APPEARANCES OF COUNSEL: 9 FOR PLAINTIFFS: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCHONBRUN, SEPLOW, HARRIS & HOFFMAN BY: CATHERINE E. SWEETSER, ESQ. 11543 WEST OLYMPIC BOULEVARD LOS ANGELES, CALIFORNIA 90064 310.396.0731 CSWEETSER@SSHHLAW.COM LAW OFFICE OF CAROL A. SOBEL BY: MONIQUE A. ALARCON, ESQ. 725 ARIZONA AVENUE SUITE 300 SANTA MONICA, CALIFORNIA 90401 424.744.8703 MONIQUE.ALARCON8@GMAIL.COM FOR DEFENDANTS THE GEO GROUP, INC.; GEO LIEUTENANT DURAN, CITY OF ADELANTO, GEO SERGEANT CAMPOS; AND GEO LIEUTENANT DIAZ: BURKE, WILLIAMS & SORENSEN BY: CARMEN M. AGUADO, ESQ. 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071 213.236.0600 CAGUADO@BWSLAW.COM Page 2 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 508 of 628 Page ID #:2405 1 If you know. 2 THE WITNESS: 3 4 5 I'm not sure. BY MS. ALARCON: Q Do you know who your supervisor was on June 12th, 2017? 6 A Lieutenant Diaz. 7 Q Was she the supervisor for all of first watch? 8 A Yes, that day. 9 Q Can you describe what you did when you first 10 11 arrived to work on June 12th, 2017? A I went to my briefing, then they gave me my post. 12 I went to my post. 13 watch. 14 told him okay, take it to the supervisor. 15 16 17 18 19 20 Q I relieved the officer from third He stated that he got a piece of paper and I Before you went to your briefing did you first go to Central Control? A After briefing I go to Central to get my equipment, and then I assume my post. Q Do you remember if that day you checked out equipment from Central Control? 21 A I'm not sure. 22 Q Do you remember who gave the briefing? 23 A Lieutenant Diaz. 24 Q Is there anything significant that stood out to 25 you at the briefing? Page 35 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 509 of 628 Page ID #:2406 1 A No. 2 Q Just a regular day? 3 A Yeah, 4 Q And is that when you were assigned to 2 Charlie? 5 A Mm-hmm. 6 Q Had you been assigned to 2 Charlie before? 7 A I probably have. 8 Q Do you remember who the officer you relieved from 9 just regular. Yes, ma'am. third watch was? 10 A I believe it was Officer Dillon (phonetic) 11 Q Gillon? 12 A Gillon. 13 Q And you said that he told you he received a piece 14 or -- of paper? 15 A Mm-hmm. 16 Q Is there anything else that he told you? 17 A Not that I recall. 18 Q Did you read the piece of paper? 19 A No. 20 Q Did you -- when he told you this, was that in 21 your one-on-one briefings that you have when relieving 22 an officer? 23 A Yes. 24 Q Did he mention anything about a hunger strike? 25 A I don't believe he did, but I think he was saying Page 36 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 510 of 628 Page ID #:2407 1 something was going on. 2 just take it to the lieutenant's office. 3 4 Q And I told him, I said okay, And when you say something's going on, what is that in reference to? 5 A He didn't elaborate. 6 Q When you arrived to 2 Charlie, was there anything 7 8 9 that stood out to you? A Not at first. I was telling them okay, just got on post and -- and I rack up for count. 10 in English and Spanish couple times. 11 to rack up, 12 Q And I said it And they refused so that's when I called my supervisor. When you say that you told Gillon to take the 13 paper to supervisor, are you referring to Lieutenant 14 Diaz? 15 A Yes. 16 Q At that time did you make any call on the radio? 17 A Yes. When they weren't complying with my verbal 18 commands, I asked for assistance 'cause they refused to 19 rack up. They were interlocking themselves. 20 Q 21 Before you gave the command to the detainees did you make a call on the radio? 22 A No. 23 Q So you didn't call in and say Gillon is taking a 24 25 piece of paper to the supervisor? A No. Page 37 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 511 of 628 Page ID #:2408 1 you announce prep for count? 2 MS. AGUADO: 3 If you remember. 4 THE WITNESS: 5 6 7 8 Objection; calls for speculation. I'm not sure if he announced it. BY MS. ALARCON: Q Sorry. I asked if you announced prep for count that day. A Oh, when I -MS. AGUADO: 9 10 Go ahead. 11 THE WITNESS: Objection; calls for speculation. Can you -- if I announced prep for 12 count when he was in the dorm with me or after he left? 13 BY MS. ALARCON: 14 Q Either. 15 A When he left, 16 17 I announced it. and they weren't racking up, Q When I assume post I announce it. So when you announced prep for count, was it your 18 understanding that the detainees have a 10-minute grace 19 period after that to rack up for count? 20 A Yes. 21 Q Did you document your prep for count announcement 22 in the logbook? 23 A If I did, then it should be in there. 24 Q Typically you would have documented that? 25 A Yes. Page 40 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 512 of 628 Page ID #:2409 Q Did you document any detainees refusing to rack 3 A I'm not sure. 4 Q After you announced prep for count did you 1 2 up? 5 6 approach the detainees that did not rack up? A I believe I did. 7 Q Do you recall if you said anything to them? 8 A Yes. 9 ! I asked them to rack up for count, up from the table. to get They refused and I called my 10 lieutenant who stated to Lieutenant Diaz that they were 11 refusing to rack up for count and she came down. 12 13 Q Do you know why they were refusing to rack up for count? 14 A At that time, no. 15 Q Before calling for Lieutenant Diaz did you try to 16 ask why they were not racking up for count? 17 A No, did not. 18 Q At the time that you called in to Lieutenant Diaz 19 because the detainees were refusing to rack up for 20 count, were you the only officer present in the dorm? 21 A Yes. 22 Q Do you recall if you said anything to Lieutenant 23 Diaz other than detainees are refusing to rack up? 24 A No, that's all I said. 25 Q Did you receive a response? Page 41 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 513 of 628 Page ID #:2410 1 A Yes. 2 Q Who responded? 3 A Lieutenant Diaz, 4 Q I'm sorry, a few other officers. I should clarify. Did you receive a response over the radio? 5 6 A Yes. 7 Q What was said? 8 A She said "en route." 9 Q Lieutenant Diaz said "en route"? 10 A Yes. Can I get a break? 11 12 Q Sure. 13 (Recess.) 14 MS. ALARCON: 15 16 17 Back on the record. BY MS. ALARCON: Q Is there one radio frequency at Adelanto facility? 18 A No, there's three. 19 Q Three? 20 A Yes. 21 Q And the radio frequency that you used while in 2 22 Charlie, 23 what other dorms? what other facilities used that frequency or 24 A All the east side uses that frequency. 25 Q Is that everybody on the east side who has a Page 42 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 514 of 628 Page ID #:2411 1 A Yeah, he responded. He responded. 2 there and -- because Lieutenant Diaz, 3 assistance, 4 Q He was in she asked for more so they all came. So I just want to take you step by step. Once 5 Lieutenant Diaz arrived and other officers arrived with 6 her, did you make a second call on the radio? 7 A No. 8 Q Did Lieutenant Diaz make a call on the radio at 9 that point? 10 A I believe she did. 11 Q Is that the call where you remember her asking 12 for more assistance? 13 A Yes. 14 Q Do you recall if she said anything other than 15 needing more assistance? 16 A No. 17 Q What were her exact words when she asked for more 18 assistance? 19 A I'm not sure what she said, but I assume that she 20 asked for more help 'cause they weren't racking up. 21 needed more officers, 22 situation under control because it was out of control. 23 They were not complying to her verbal commands either, 24 so. 25 Q you know, She to assist to get this What about the situation was out of control? Page 46 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 515 of 628 Page ID #:2412 1 A 2 They were just -- they wanted to unlock them, their hands. 3 Q 4 They refused to get up. But as you sit here today, you don't remember exactly what Lieutenant Diaz said; is that right? 5 A That's right. 6 Q And did someone respond to Lieutenant Diaz's 7 radio call? 8 A Yes. 9 Q Who responded? 10 A Lieutenant -- Sergeant Campos and a few other 11 officers, staff. 12 Q 13 Do you remember what Sergeant Campos responded on the radio? 14 A "En route." 15 Q Do you know if that call went to the east 16 1 facility or west facility? 17 A I'm not sure. 18 Q Do you know where Sergeant Campos was on route 19 from? 20 A No. 21 Q After Sergeant Campos responded that he was on 22 route did you make another call on the radio? 23 A No. 24 Q While the incident was happening do you remember 25 making any other radio calls? Page 47 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 516 of 628 Page ID #:2413 1 Q That was gonna be my question. 2 What sort of thing would you write? 3 MS. AGUADO: 4 Objection; calls for speculation, but go ahead. THE WITNESS: 5 6 the situation? 7 BY MS. ALARCON: What would I write in the book in 8 Q Yes. 9 A I would write down what happened. 10 arrived, I would put it. 11 escorted to Medical. And if Medical I believe that they were 12 Q Did you see the detainees be escorted to Medical? 13 A Yeah. 14 Q Were they escorted by medical personnel? 15 A Officers. 16 Q Do you remember which officers escorted them to 17 Medical? I was in the yard, I believe. 18 A No, 19 Q You don't remember making any other calls on the 20 radio, I do not. right? 21 A No. 22 Q Did you call in a specific code? 23 A No. 24 Q What do you remember happening after Diaz 25 arrived? Page 49 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 517 of 628 Page ID #:2414 1 A What happened after Diaz arrived? 2 Q Mm-hmm. 3 A After she arrived she -- she approached the 4 detainees and she said -- you know, 5 get up. 6 refused. 7 Q Do you know if any other officers gave commands? 8 A I'm not sure. 9 Q So you don't remember if any other officers gave 10 11 12 They wouldn't comply to her demands. additional commands, A she asked them to No, They right? I'm not sure. I would think that they would have. 13 Q But you have no memory of that today, 14 A Hm-mmm. 15 Q And what happened after the detainees refused to 16 17 18 right? rack up? A After they refused Lieutenant Diaz told them if you don't rack up, she sprayed the table. 19 Q Did she spray the detainees sitting at the table? 20 A No. 21 Q Do you know how many times Lieutenant Diaz 22 sprayed? 23 A Just once. 24 Q And at any time after Diaz and the other officers 25 arrived did you approach the detainees? Page 50 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 518 of 628 Page ID #:2415 1 A No. 2 Q You never tried to talk to the detainees at all, 3 right? 4 A No. 5 Q And what happened after Diaz sprayed the table? A They were still interlocked. 6 I 7 they took him out. 8 other detainees, 9 still wouldn't. 10 11 Q One unlocked so And then they were trying to get the you know, to unlock their arms and they And at any point were you involved in trying to unlock the detainees? 12 A No. 13 Q Why is that? 14 A 'Cause I just stayed out of the way. I was 15 trying to control my other detainees that were in the 16 dorm, 17 Q How did you try to calm them down? 18 A I told them stop, 19 stop, trying to calm them down. stop, you're making it worse, you know, it's okay, just you know. 20 Q What were they doing? 21 A They were just, 22 to yell, asked them to not be yelling, 23 the wall 'cause they were trying to look over the wall. you know, talking loud, started to get away from 24 Q They were trying to see what was happening? 25 A Yeah. Page 51 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 519 of 628 Page ID #:2416 1 Q And did they comply with your orders? 2 A Yes. 3 Q Did you feel like you didn't need to get involved 4 with the detainees that were sitting at the table? A Yeah, 6 Q And what happened when Sergeant Campos arrived? 7 A Not sure. 8 9 10 I didn't need to get involved. It just happened so fast. I'm not sure. Q Do you know if Sergeant Campos deployed pepper spray? 11 A I believe he did. 12 Q Do you remember how many times he deployed pepper 13 spray? 14 A No, 15 Q At some point did you see medical personnel 16 I don't. arrive in 2 Charlie? 17 A I don't remember. 18 Q What do you remember happening after Sergeant 19 20 Campos used his pepper spray? A Well, everybody was coughing, 21 detainees were coughing. 22 one point I left, 23 breathe so I can breathe. 24 25 Q you know. I was coughing. you know. The So I mean, at I went to the yard to When you left to the yard to catch your breath, were the detainees that were sitting at the table -Page 52 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 520 of 628 Page ID #:2417 1 2 Q And is that you standing behind the podium next to Officer Gillon? 3 A Yes. 4 Q And what do you have in your hand there? 5 A Newspaper. 6 Q Is that for the detainees? 7 A Yes. 8 Q And what's that newspaper for? 9 A For them to read. 10 Q Do you bring that in every shift? 11 A Yes. 12 Q When would you typically distribute that, or if 13 14 15 you distributed it? A I just put it on the podium or the table and they can come and get it. 16 Q Just throughout the day? 17 A Yeah. 18 Q And do you know what's in front of Officer Gillon 19 and next to the newspapers on the podium? 20 A No. 21 Q Might that be the logbook? 22 A Oh. 23 Q And based on the time, 24 25 Yes. 6:29:59, are you relieving Officer Gillon from his post at this time? A Yes. Page 58 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 521 of 628 Page ID #:2418 1 ' logbook; is that right? 2 A Mm-hmm. 3 Q Does this refresh your recollection as to what 4 you wrote down? 5 A No, 6 Q Okay. 7 10 Playing the video again. I'm gonna fast forward it just a second. Okay. 8 9 I don't remember what I wrote down. I'm pausing it at 6:32:29. Up until now have you given the detainees at the table any direct commands? 11 A Yes. 12 Q What have you said? 13 A I told them to rack up, to get off the table and 14 15 16 go to their bunks, Q And you never asked why they were sitting there, right? 17 A No. 18 Q Okay. 19 and they were just ignoring me. in view C1. The time, 6:32:57. I just paused it still Can you describe who just walked in? 20 A My lieutenant. 21 Q Is that Lieutenant Diaz? 22 A Yes. 23 Q In the white shirt? 24 A Yes, 25 Q And it looks like her right arm is raised. Lieutenant Diaz. Do Page 63 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 522 of 628 Page ID #:2419 1 you know what's in her hand? 2 A Looks like OC. 3 Q Okay. 4 And I'm pausing it at 6:33:10. like other officers walked in with her, It looks right? 5 A Yeah. 6 Q Does this refresh your recollection as to who 7 those officers were? 8 A No. 9 Q Do you recall if at this time Lieutenant Diaz has 10 given any commands to the detainees? 11 A Looks like she has. 12 Q But you don't remember definitely if she has or 13 not? 14 A I'm sure she has. Yeah, 15 verbal commands a few times. 16 there. 17 18 Q she did. Oh, She did give that's Medical right So I'm pausing it at 6:34 exactly. And you said that the person who just walked in is Medical? 19 A Yes. 20 Q Do you know the name of that individual? 21 A No. 22 Q How do you know that that's Medical? 23 A She's wearing scrubs. 24 Q Does this refresh your recollection as to whether 25 you heard anyone call for Medical? Page 64 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 523 of 628 Page ID #:2420 1 2 Q force 3 A 4 Q No. right? So pausing it here at 6:48:24. 5 6 And you were never involved in the use of what you're doing? 7 A I don't know. 8 Q Okay. Let me rewind it just a bit. Is that helpful? 9 10 A I was just coughing. 11 Q Okay. 12 Can you describe This is a still of that view at that time. So we can mark that as Exhibit 3. 13 (Whereupon, 14 marked for identification by the Court 15 Reporter and is bound separately.) 16 17 18 Plaintiffs' Exhibit 3 was BY MS. ALARCON: Q And that's what you just saw here, right? You're standing next to Lieutenant Diaz? 19 A Yeah. 20 Q Are you're kind of holding onto the table when 21 you're coughing? 22 A Oh. Yeah, 23 Q All right. 24 mark your - 25 arrow, please? I was just coughing. Can you do the same as before and identify yourself with a circle and an Page 69 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 524 of 628 Page ID #:2421 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss. 3 4 5 6 I, the undersigned, hereby certify under 7 penalty of perjury under the laws of the State of 8 California that the foregoing testimony is true and 9 correct. 10 Executed this , 2 0 .J!!l._ at 11 12 day of _\,_~--~=-a.iS.._ _ _ _ _ _ __ , California. 13 14 (~) 15 REBECCA JINDI 16 17 18 19 20 21 22 23 24 25 Page 81 '\ .._.•. Veritext Logal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 525 of 628 Page ID #:2422 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss. 3 4 5 6 I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: That prior to being examined, the witness named 7 In the foregoing deposition was by me duly sworn to 8 Testify to the truth, 9 the truth; 10 11 the whole truth, and nothing but That said deposition was taken down by me in shorthand at the time and place therein named and thereafter reduced to typewriting under my direction, 12 and the same is a true, correct, and complete transcript 13 of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, review of the transcript 17 18 19 20 was { } was not required. I further certify that I am not interested in the event of the action. Witness my hand this 3rd day of July, 2019. 21 22 23 24 Certified Shorthand Reporter 25 for the State of California Page 82 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 526 of 628 Page ID #:2423 -----·~------·---- ·-··· .. ···· . . ...... INSTRUCTIONS FOR READING/CORRECTING YOUR DEPOSmON To assist you in making corrections to your deposition testimony, please follow the directions below. Ifadditional pages are necessary, please furnish them and attach the pages to the back of the errata sheet. This is the final version of your deposition transcript Please read it carefully. If you find any errors or changes you wish to make, insert the cotteetions on the errata sheet beside the page and line numbers. If you are in possession of the origina11ranscript, do NOT make any changes directly on the transcript. Do NOT change any of the questions. After completing your review, please sign the last page of the errata sheet, above the designated "Signature" line. ERRATA SHEET Page Line Change: Reuon: YY\ YV\=-bMY"\ to YLS ~:\:" ~Ct.y y~c;;, ~ M'Y\ - hMM. -\12 Y8 Reuon: wv.L\,1: !a '=*y YL? Change: Change: fl.a5ck~\-- ""a ~~V\d, Reason: fV\ l$ Change: ?\).tlUA e:~rt \o e'M~ Reason: ea,A: '(0~<\v(' ltro..C Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 527 of 628 Page ID #:2424 •. Page Une u \ \0 \1= rntn-bmW\ to VJ-S Reason: \"Nii\t :\a f=a¥ Y~s Change: Change:cff~WlCck{':L. W GorrLC~ ~ct:c.."'·cn Reason: ro\ ~~S ..... ·z.z. C:g'f"1'"'.(_c..-t\CO rt c..~ Reason: O'\S5";) ~ \\Q..A. • Change: (-) CB~('C(.."'te> <". \I Chanie~ea,Ayvs ~~~~ Reason: cQv.JC.\.. '$cr.g..c o erne Change: )( Subject to the above changes, I certify that the transcript is true and correct. _ _ No changes have been made. I certify that the transcript is true and correct. ( ....· Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 528 of 628 Page ID #:2425 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 529 of 628 Page ID #:2426 1 2 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 3 4 5 6 7 8 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, I 9 Plaintiffs, 10 vs. Case No. 5:18-cv-011250-R-GJS 11 12 13 14 15 16 17 18 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, ) ) 19 Defendants. ) ) 20 21 22 23 24 25 DEPOSITION OF OFFICER GILBERT MARTINEZ FRIDAY, JUNE 14, 2019 JOB NO. 3400591 REPORTED BY CHRISTINE RYBICKI, C.S.R. 13481 PAGES 1 - 160 Page 1 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 530 of 628 Page ID #:2427 1 2 3 4 5 6 DEPOSITION OF OFFICER GILBERT MARTINEZ, TAKEN ON BEHALF OF THE PLAINTIFFS, AT 9:55A.M., FRIDAY, JUNE 14, 2019, AT PERSONAL COURT REPORTERS, A VERITEXT COMPANY, 1520 NORTH MOUNTAIN AVENUE, BUILDING E, SUITE 135, ONTARIO, CALIFORNIA, BEFORE CHRISTINE RYBICKI, CSR NO. 13481, PURSUANT TO NOTICE. 7 8 APPEARANCES OF COUNSEL: 9 FOR PLAINTIFFS: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCHONBRUN, SEPLOW, HARRIS & HOFFMAN BY: CATHERINE E. SWEETSER, ESQ. 11543 WEST OLYMPIC BOULEVARD LOS ANGELES, CALIFORNIA 90064 310.396.0731 CSWEETSER@SSHHLAW.COM LAW OFFICE OF CAROL A. SOBEL BY: MONIQUE A. ALARCON, ESQ. 725 ARIZONA AVENUE SUITE 300 SANTA MONICA, CALIFORNIA 90401 424.744.8703 MONIQUE.ALARCON8@GMAIL.COM FOR DEFENDANTS THE GEO GROUP, INC.; GEO LIEUTENANT DURAN, CITY OF ADELANTO, GEO SERGEANT CAMPOS; AND GEO LIEUTENANT DIAZ: BURKE, WILLIAMS & SORENSEN BY: CARMEN M. AGUADO, ESQ. 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071 213.236.0600 CAGUADO@BWSLAW.COM Page 2 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 531 of 628 Page ID #:2428 Did you ever take any Spanish in school or in 1 Q 2 college? 3 A In high school. 4 Q How many years of Spanish did you take? 5 A One. 6 Q And do you speak Spanish in your personal life? 7 A Yes. 8 Q Did you grow up speaking Spanish? 9 A Yes. 10 Q Would you say you're fluent in Spanish? 11 A There's a couple words I can't translate, but for 12 the most part I'm pretty fluent. 13 Q Have you ever been arrested? 14 A Yes. 15 Q When was that? 16 A When I was 18. 17 Q What were you arrested for? 18 A Public intoxication. 19 Q Were you booked and then released, 20 or did you have to spend the night in jail? 21 A Spend the night. 22 Q Were you convicted of anything? 23 A It was a misdemeanor. 24 Q Did you serve any time after the conviction? 25 A No. Page 13 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 532 of 628 Page ID #:2429 1 2 3 i 4 5 you have to do some kind of other check? A Basically pulling on them, checking to see if they're locked. Q So you were in the hallway towards the 2 side when you heard the radio call? 6 A Yes. 7 Q What did the call say? 8 A That they need assistance. 9 Q Was there a code used? 10 A I don't recall. 11 Q And who did it say needed assistance? 12 A 2 Charlie. 13 Q Do you remember who made the radio call? 14 A I don't remember. 15 Q Do you remember if it was a man or a woman? 16 A I don't remember. 17 Q Do you remember about how much time elapsed from 18 when you left the briefing and you heard the call? 19 A I want to say about five to 10 minutes. 20 Q Was anyone else checking the doors with you at 21 the time? 22 A No. 23 Q Was anyone else in the hallway where you were at 24 25 the time? A No. Page 44 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 533 of 628 Page ID #:2430 1 Q What did you do when you heard the call? 2 A Run to 2 Charlie. 3 Q Do you know if they put out a call for any 4 specific officers? 5 officer in the call? Like did they mention you or another 6 A I don't remember. 7 Q Do you remember if the tone of the call sounded 8 urgent? MS. AGUADO: 9 THE WITNESS: 10 11 12 13 Objection; calls for speculation. I don't recall. BY MS. SWEETSER: Q So when you ran to 2 Charlie, what did you see there? 14 A Detainees grouped up at two tables. 15 Q At the time that you got to the door of 2 Charlie 16 had there been multiple calls for assistance or just the 17 one that you heard? 18 A I don't remember. 19 Q When you saw the detainees grouped up at the 20 tables, what's the first thing that you did? 21 A Talked to them. 22 Q What do you remember saying to them? 23 A I just remember asking them what was going on. 24 Q Asking the detainees what was going on? 25 A Yes. Page 45 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 534 of 628 Page ID #:2431 1 2 Q Did you talk to any of the -- were there officers already present in the unit when you arrived? 3 A Just the dorm officer. 4 Q Who was the dorm officer? 5 A I don't remember. 6 Q Could it have been Officer Jindi? 7 A I don't recall. 8 Q Do you remember seeing Officer Gillon there when 9 you arrived? 10 A Eventually. 11 Q But he wasn't there when you first arrived? 12 A I don't remember. MS. AGUADO: 13 14 15 16 Calls for -- go ahead. Yeah. BY MS. SWEETSER: Q Did you stop and talk to any of the officers who were present? 17 A No. 18 Q So you just went straight to the detainee tables 19 and asked them what was going on? 20 A Yes. 21 Q Did you ask them in Spanish or English? 22 A Both. 23 Q Did you ask in English first? 24 A Yes. 25 Q And did anyone reply to you when you asked in Page 46 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 535 of 628 Page ID #:2432 1 English? 2 A No. 3 Q Did you ask them in Spanish then? 4 A Yes. 5 Q And did anyone reply to you when you asked in 6 Spanish? 7 A Yes. 8 Q What did they say? 9 A That they were protesting. 10 Q Can you remember the exact words they used? 11 A Not the exact words. 12 Q Do you remember who it was who spoke to you? 13 A No. 14 Q I can show you -- I'll show you an exhibit, 15 think this is 2. 16 (Whereupon, 17 marked for identification by the Court 18 Reporter and is bound separately.) 19 20 21 I Plaintiffs' Exhibit 2 was BY MS. SWEETSER: Q I apologize, it's a little bit small, but do you recognize yourself anywhere in this exhibit? 22 A Yes. 23 Q Where are you standing? 24 A Right there 25 Q Would you mind, (indicating) if your counsel doesn't mind, Page 47 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 536 of 628 Page ID #:2433 1 A I can't tell. 2 Q Okay. 3 A I can't tell. MS. AGUADO: 4 5 You may be entering, but you're not sure? Objection; it's asked and answered. BY MS. SWEETSER: 6 Q 7 Well, 8 6:33. Okay. I'm gonna stop it here at 6:33. Okay. it's not giving me a timestamp, but it's still at Do you see yourself entering now? 9 10 A Right here 11 Q Okay. 12 A Yes. 13 Q Okay. (indicating). So you have a hat on; is that right? And you're standing- if Lieutenant Diaz 14 is kind of behind the tables, you're at the table that 15 is farther from the camera from her; is that an accurate 16 representation? 17 MS. AGUADO: No. So Diaz is to the right of the 18 tables. 19 of the tables. 20 that's further from the bottom of the screen. So she's to the right And he is closer to the second table MS. SWEETSER: 21 22 Behind is sort of vague. Great. BY MS. SWEETSER: 23 Q Is that accurate? 24 A Yes. 25 Q Okay. Great. Page 52 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 537 of 628 Page ID #:2434 1 like she has something in her hand at this point. 2 you remember what that was? Do 3 A No. 4 Q And at this time Lieutenant Diaz had not given 5 you any instructions or commands, 6 MS. AGUADO: 7 Go ahead. 8 THE WITNESS: 9 10 11 12 13 14 15 16 17 right? Objection; misstates his testimony. I can't tell. BY MS. SWEETSER: Q You don't remember her giving you any instruction up to this point? A I remember her talking to them and she got no response, Q so she had me translate. And you don't remember if she asked you to translate before or after this point? A I don't remember the exact time she asked me to translate. Starting the video playing again, just for the 18 Q 19 record. 20 refreshes your recollection as to anything that was 21 being said. Let me stop it again at 6:34:25. Is that you walking with Lieutenant Diaz away -- 22 23 A 24 Q 25 Let me know if as you're watching this it Yes. from the tables? Do you remember if you guys were talking at that Page 54 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 538 of 628 Page ID #:2435 1 THE WITNESS: 2 MS. AGUADO: 3 6 Okay. So you're saying that you're to the right? THE WITNESS: 4 5 Yes. Closer to the bottom right. BY MS. SWEETSER: Q Great. Thank you. 7 And does this -- as we were just talking about 8 from 6:36:39, and then we played the video through to 9 6:36:47, does that to your recollection reflect the 10 first time you approached the table to talk to the 11 detainees? That's around the time where I started speaking 12 A 13 to them. 14 Q 15 16 And do you remember what you were saying at this time? A I don't recall the exact words, but I do remember 17 talking to them and letting them know that it is count 18 time and that they shouldn't be protesting at this time. 19 20 Q So you said the first thing you said to them was "What's going on?" 21 A Yes. 22 Q And then they said? 23 A That they were protesting. 24 Q Did they tell you what they were protesting 25 about? Page 60 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 539 of 628 Page ID #:2436 1 2 3 4 A I just remember them wanting to speak to ICE at the time. Q words? Did they say -- did they say that in so many Did they say "I want to speak to ICE"? 5 A I don't remember. 6 Q Did they say they wanted to speak to someone 7 8 9 higher up? A I remember -- you know what, but I do remember speaking to them, I don't remember, though, and 10 translating and seeing what was going on and what's the 11 reason for their protest. 12 Q What did they say the reason for the protest was? 13 A If I do recall, 14 Q Did they say anything to you about food? 15 A No. 16 Q Did they say anything to you about clothing? 17 A No. 18 Q Did they say anything to you about how the 19 I believe it was bonds. officers were treating them? 20 A No. 21 Q What did they tell you about their bonds? 22 A That they were too high. And at the time they 23 wanted to speak to ICE and ICE wasn't there. So I was 24 trying to convince them to go back to their bunks, 25 us count and we can try to get ahold of ICE by the time let Page 61 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 540 of 628 Page ID #:2437 1 we're done with count. 2 3 Q And they still refused to move. So just trying to reconstruct this conversation, as much as you remember any way. 4 So you said first you asked them what was going 5 on and they said they were protesting and it was about 6 bonds; is that right? 7 A Yes. 8 Q And then what was the next thing you said to 9 them? 10 11 A trying to convince them to go back to their bunks. 12 13 I don't remember the exact words, but I remember Q And you wanted them to go back to their bunks for the count? 14 A For the count. 15 Q And did you say anything to them about the count 16 at that time? 17 A About the count? 18 Q Mm-hmm. 19 A Yes MS. AGUADO: 20 21 Objection; it's also -- sorry, it's a vague question. 22 Go ahead. 23 THE WITNESS: I remember telling them that it is 24 count time and that they need to go back to their bunks. 25 III Page 62 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 541 of 628 Page ID #:2438 1 BY MS. SWEETSER: 2 Q And did you say that in Spanish? 3 A Yes. 4 Q What's the word for count in Spanish? 5 A Cuenta. 6 THE REPORTER: 7 THE WITNESS: 8 THE REPORTER: 9 THE WITNESS: THE REPORTER: 10 11 12 13 Can you spell that, please? Me? Yeah. C-U-E-N-T-A. Thank you. BY MS. SWEETSER: Q Did you say anything else to them about the count? 14 A What do you mean by that? 15 Q Just what else did you say to them at this time? 16 A I don't remember. I just remember trying to 17 convince them to go back to their bunks so we can start 18 the count 'cause if we don't start it, 19 delay our count and that will put us in emergency count. they're gonna 20 Q What's emergency count? 21 A We go into emergency count after a certain amount 22 of time. 23 Q What does that mean? 24 A And that means we have to return every single 25 detainee, wherever they're at back to their dorm so we Page 63 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 542 of 628 Page ID #:2439 1 2 3 can get the correct count. Q Do you know how long it is before the emergency count starts? Approximately an hour after the count already 4 A 5 started. 6 Q 7 Do you know what time the count started on June 12th? 8 A Generally it starts at 6:30. 9 Q So if the detainees had not gone back to their 10 bunks by 7:30, 11 start? 12 A No. that's when the emergency count would They prepare for count at 6:20. 13 them 10 minutes and we start count at 6:30. 14 prepare at 6:20, 15 16 Q So we give So we start at 6:30. And so would it be at 7:20 that the emergency count would have to start? 17 A About 7:20, 18 Q Sometime between 7:20 and 7:30 there would be -- 19 A Sometime between there, yes. 20 Q Okay. 21 sorry, that was just a tangent. I was trying to understand the emergency count. 22 23 So, 7:30 just about. So going back to the time when you're talking to the detainees at this bottom table here. 24 A Yes. 25 Q So you told them -- you said to them that if they Page 64 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 543 of 628 Page ID #:2440 1 didn't go back, 2 right? 3 A Yes. 4 Q Okay. 5 6 they would delay the count; is that And did you say that you were worried about doing an emergency count to them? A Well, I remember talking to them. And then I 7 remember one of the guys telling me about their protest 8 or whatever. 9 So I remember giving them an option and letting 10 him know like if they can just go back to their bunks 11 and as soon as ICE gets there -- 'cause ICE wasn't even; 12 there yet. So they couldn't speak to ICE regardless. 13 So if 14 they can just go back to their bunks, 15 eventually we can settle whatever they want to talk 16 about. 17 Q And what did they say to that? 18 A They just refused. 19 Q Did they say no, 20 quietly? we can count and or did they just sit there 21 A They said no. 22 Q Did they say anything else? 23 A I don't recall. 24 Q And you said a second ago you don't remember if 25 they asked to talk to someone higher up; is that right? Page 65 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 544 of 628 Page ID #:2441 1 2 3 4 A back to their bunks. Q Do you remember if you gave them any other options? MS. AGUADO: 5 6 I just remember trying to convince them to go there are other options. 7 Go ahead. 8 THE WITNESS: 9 10 11 12 13 BY MS. SWEETSER: Q Did you and Lieutenant Diaz ever discuss taking the detainees to Medical? A To Medical? MS. AGUADO: MS. TISHKOFF: 17 THE WITNESS: 18 It's count time. 19 BY MS. SWEETSER: 21 22 23 Objection; assumes facts, lacks foundation that they should be taken to Medical. 16 20 Yeah, there's not really too many options when it's count time. 14 15 Objection; lacks foundation that Q Join. Why would they be taken to Medical? Did you ever discuss taking these detainees to any other location? A bunks. It's count. They really need to be in their It's critical that we get through this count. 24 Q And why did you consider it critical? 25 A Because Page 68 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 545 of 628 Page ID #:2442 MS. AGUADO: 1 2 answered. Objection; it's been asked and He's already explained this, but go ahead. THE WITNESS: 3 4 count. 5 BY MS. Because we would go into emergency SWEETSER: 6 Q At 7:20 to 7:30? 7 A Count preps at 6:20, commences at 6:30. 8 Q And at 7:20 to 7:30 you go to emergency count? 9 A Around that timeframe, 10 Q How long does it take to count in the detainees 11 yes. in 2 Charlie approximately? 12 A Approximately? 13 minutes. 14 Q Between two officers, around 10 Have you personally ever experienced a situation 15 besides this one where detainees have refused to go back 16 to their bunks for count? 17 A No. 18 Q During this time period, did you go to the upper 19 area? 20 A What time period? 21 Q During the time between 6:33 and 6:37, did you go 22 to the upper area? 23 A I don't remember. 24 Q At some point before any use of force started did 25 you go up to the upper area? Page 69 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 546 of 628 Page ID #:2443 1 Q Do you remember anything else they said to you? 2 A No. 3 Q And did the conversation conclude then at 6:38:07 4 approximately? 5 A Can you play the video? 6 Q Sure. Let me rewind it a little bit. 7 I'm playing it again from 6:38:04. 8 I'm stopping it at 6:38:13. 9 MS. AGUADO: 11 If you know. 12 THE WITNESS: Is this Objection; calls for speculation. Yeah, I can't remember. BY MS. SWEETSER: 14 15 Q But you see yourself walking away from the table at that time? 16 A Yes. 17 Q So even if it concluded prior to that, 18 you definitely walked away from them by then; is that right? 19 A Based on the video. 20 Q Okay. 21 So approximately the time the conversation concluded? 10 13 Okay. So based on the video, would you say you talked to them for approximately two minutes? 22 MS. AGUADO: Objection; calls for speculation, 23 the video speaks for itself. 24 just for this instance? 25 III And we're talking about Page 72 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 547 of 628 Page ID #:2444 1 BY MS. SWEETSER: 2 Q As of this time when you were trying to convince 3 them to go back to their bunks, you were talking to them 4 for approximately two minutes; is that right? 5 A Well, however long it was on the video. 6 Q Do you know why you walked away from the second 7 table and went to the first table? 8 A I don't remember. 9 Q At this time on the video which is 6:38:13, do 10 1 you know whether you were touching any of the detainees? 11 A I can't tell in the video. 12 Q I think I can zoom it in a little bit. 13 try that. 14 Can you see yourself in this frame of the video? 15 A It's a little blurry, but yes. 16 Q Okay. 17 18 19 20 21 Let me And you're standing near the first table; is that right? A I'm standing next to Lieutenant Diaz in the white shirt. Q Okay. At this time do you know whether you were touching any detainee? 22 A I can't tell based on the video. 23 Q Do you know why at this time you had gone to the 24 25 first table? A I don't remember. Page 73 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 548 of 628 Page ID #:2445 1 Q Did anyone tell you to go to the first table? 2 A Don't remember. 3 Q Okay. 4 Do you remember if anyone else was touching any of the detainees at this time? 5 A Don't remember. 6 Q I'll play a little bit more. I'll stop it at 6:38:19. 7 8 Can you tell from the video if you're touching any of the detainees? 9 A Yes. 10 Q And are you touching -- can you describe for me 11 12 which one you're touching? A Well, the video pretty much speaks for itself. 13 Right here (indicating), 14 call it or how you want to put it into words. 15 Q I don't know what you want to Well, for the transcript, you're describing 16 someone -- the detainee that was seated at the lower 17 left hand of the table that you just approached; is that 18 correct? 19 A Yes. 20 Q Okay. 21 And can you describe for me, what were you doing at this time? 22 A Can you play the video? 23 Q Let me back it up a little bit as well so you can 24 see it from the beginning. 25 playing it again at 6:38:14. Okay. I'm gonna start Page 74 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 549 of 628 Page ID #:2446 I'll stop it at 6:38:28. 1 2 3 Can you describe for me what you were doing at that time? A Well, based on the video, it looks like we were 4 trying to remove one of the detainees to take him 5 outside. 6 officers. 7 8 Q He was resisting, so I was helping my fellow So describe for me, how did you first put your hands on him? 9 A Play the video again, please. 10 Q All right. I'm stopping it at 6:38:26. 11 12 13 14 I'm starting at 6:38:14. So can you describe for me how you first put your hands on him? A Based on the video, it looks like I grabbed the legs. 15 Q Do you remember grabbing his legs? 16 A I don't remember the whole situation. 17 18 19 20 21 It was two years ago. Q When you say you don't remember the whole situation, what do you mean? A Like if there wasn't a video here today, wouldn't be able to recall exactly what I did. 22 Q Do you remember why you grabbed his legs? 23 A Because he was resisting. 24 Q And what do you mean when you say he was 25 I resisting? Page 75 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 550 of 628 Page ID #:2447 1 A He doesn't want to move from the table. 2 Q Do you remember giving this detainee a command 3 yourself? 4 A I don't remember. 5 Q Do you remember hearing anyone else give that 6 detainee a command? 7 A I don't remember. 8 Q Do you remember how you knew that that detainee 9 10 did not want to move from the table? A Well, based on the video, I was talking to one 11 set of detainees here at the bottom table. 12 talking to them at the top. 13 them know that they needed to move. 14 15 Q Reyes was So I'm pretty sure he let And you're assuming that based on the fact that he was talking to them? 16 A Yes. 17 Q But you didn't hear anything that Reyes actually 18 said to that detainee; is that right? 19 A No. 20 Q Did anyone command you to grab the legs of the 21 22 23 24 25 detainee? A I believe it was Lieutenant Diaz. She instructed us to remove him from the table. Q At the time that you were removing him from the table had any pepper spray been deployed? Page 76 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 551 of 628 Page ID #:2448 1 A Not that I remember. 2 Q When she told you to remove him from the table, 3 did she use specific words? Did she use those words? 4 A I don't recall. 5 Q In your use of force training, 6 had you been trained about pressure points? 7 A Yes. 8 Q And when was it appropriate to use pressure 9 points? 10 A When presence and verbals pretty much don't work. 11 Q And when you say "verbals," you mean verbal 12 commands? 13 A Verbal commands. 14 Q So when you're using your command presence and 15 you're using verbal commands and those don't work, 16 that's when you would use pressure points? 17 A Yes. 18 Q Were you using pressure points on this detainee? 19 A No. 20 Q Where are the pressure points located? 21 A There's several. 22 Q Can you describe them for me? 23 A I don't know all of them. I don't remember all 24 of them, but I know one's behind the ear. 25 is right here by the nose (indicating) . Another one Those are the Page 77 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 552 of 628 Page ID #:2449 1 2 only two I remember. Q Do you know if at the time you were grabbing this 3 detainee's legs if any of the other officers holding him 4 were using pressure points? 5 A I'm only speaking for myself. 6 Q But you didn't -- 7 A I didn't see anybody else. 8 Q Do you know which other officers were holding him 9 at that time? 10 A I can't tell. 11 Q Do you know how they were holding him? 12 A No. 13 Q Did Lieutenant Diaz specifically command you to 14 I was focused on myself. grab the detainee's legs? 15 A She gave me a command to remove him. 16 Q Was there a reason you thought that it would not 17 18 19 20 21 be possible to remove him without grabbing his legs? A I believe he was clenching onto the table, that's why I went for his legs. Q And after you grabbed his legs what's the next thing that you did? 22 A Escort him outside. 23 Q Did you touch him on any other part of his body? 24 A I can't remember. 25 Q How did you escort him? Page 78 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 553 of 628 Page ID #:2450 1 A That specific detainee? 2 Q Yes. 3 A I can't remember. 4 Q Do you remember if that detainee struck you in 5 any way? 6 A No. 7 Q No, 8 not? 9 A No, he didn't strike me. 10 Q Did he elbow you at all? 11 A I 12 13 14 you can't remember or no, you know he did know hands were being thrown, but I don't remember at what specific time. Q When you said hands were being thrown, what do you mean? 15 A By detainees. 16 Q By this detainee in particular? 17 A Detainees. 18 Q Okay. 19 A I don't recall. 20 Q You didn't get struck by this detainee at all? 21 A No. 22 Q I'll play it from 6:38:29. Do you remember if this detainee ever -- Looking at this video 23 can you identify how many officers were touching this 24 detainee? 25 A All I can tell it's more than one. And as you Page 79 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 554 of 628 Page ID #:2451 1 can see in the video, we're having a really hard time 2 taking him out. 3 4 Q Let me pause it again at 6:38:55. Can you tell me where you're located here? 5 A Can you play the video a little bit? 6 Q Sure. 7 I'm gonna back it up a little bit. play it again starting at 6:38:50. 8 A The one with the hat 9 Q So you're still touching the detainee. 10 I'll (indicating) You're the officer with the hat; is that right? 11 A I'm the officer with the hat. 12 Q And what are you doing at this point in time, 13 14 15 16 17 18 you can tell? A From what it looks like, trying to escort him out the unit. Q Do you know where you're touching him at this point? A I can't tell. So he's lunging away from us. 19 We're trying to regain control. 20 having a hard time doing it. 21 it's still pretty hard to take control of one person. 22 Q stopped it again, 24 right? A It seems like we're Even with two officers Do you remember at 6:39:14, this is where I just 23 25 if and you're by the wall now; is that Yes. Page 80 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 555 of 628 Page ID #:2452 1 2 Q Do you remember if pepper spray had been deployed at this time? 3 A I don't recall. 4 Q Do you know why you're at the wall here? 5 A Because we were trying to gain control. 6 Q Was your technique to gain control to push him 7 8 against the wall? A Not MS. AGUADO: 9 Objection -- 10 (Speaking simultaneously.) 11 THE WITNESS: 12 THE REPORTER: 13 MS. AGUADO: 14 Not pushing against the wall. I missed the objection, Counsel. I said it misstates his testimony. He didn't use the word "push." 15 Go ahead. 16 THE WITNESS: Yeah. We guided him towards the 17 wall and tried to regain control 'cause as you can see 18 in the video, he's out of control. 19 BY MS. SWEETSER: 20 21 22 Q And why did you decide to guide him toward the wall to do that? A Because it seemed like it would be easier to 23 control him from there 'cause he wouldn't be pulling 24 away from us like he is there. 25 Q Did you place him onto the wall? Page 81 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 556 of 628 Page ID #:2453 1 A I wasn't pushing him. 2 Q Were you guiding him to the wall so that his 3 front side went toward the wall? 4 A Yes. 5 Q Does that refresh your recollection at all as to 6 what parts of his body made contact with the wall? 7 A Maybe the midsection. 8 Q And did you regain control at the wall? 9 A Yes. 10 Q How did you regain control? 11 A I don't recall. 12 Q Did you handcuff him at the wall? 13 A I don't remember. 14 Q I'll play the video more. 15 A I guess we didn't regain control. 16 17 18 We're at 6:39:14. He's still lunging away from us. Q When you left the room here, where did you take that detainee? 19 A Out on the rec yard. 20 Q And I see Lieutenant Diaz followed you out; is 21 that right? 22 A Yes. 23 Q Was she helping you regain control? 24 A No. 25 Q Did she give you any commands at that time? Page 84 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 557 of 628 Page ID #:2454 1 A I don't remember. 2 Q Do you remember if she had deployed her pepper 3 spray at that time? 4 A No, 5 Q Do you remember if she had deployed her pepper 6 it wasn't outside. spray inside at that time? 7 A I remember her deploying it inside. 8 Q Do you know if it was before she followed you 9 outside? 10 A I don't remember what specific time. 11 Q Was that the first detainee that was removed, 12 one that you escorted out? 13 A I don't think so. 14 Q No? 15 A That I escorted out? 16 Q Yeah. 17 A Yeah, 18 Q And so you took him to the rec yard; is that 19 the I believe that was the first one. right? 20 A Yes. 21 Q What did you do once you got to the rec yard? 22 A We handcuffed him and we just placed him outside 23 24 25 and we had another officer supervising him. Q Were there any medical personnel in the rec yard when you got out there? Page 85 Veritext Legal Solutions 866 299-5 I27 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 558 of 628 Page ID #:2455 1 Q 2 on him? 3 A So he wasn't resisting when you placed handcuffs No. Usually we put handcuffs on them to -- well, 4 for their safety and our safety just in case he tried 5 resisting again for the officer that was supervising 6 them outside. 7 them in handcuffs. So it's just better for them to place 8 Q You were placing him in handcuffs in case -- 9 A In case he decides to start resisting again. 10 Q And throughout this time period you don't 11 remember this detainee ever striking you? 12 A No. 13 Q Did you sustain any injury while you were 14 escorting this first detainee out? 15 A No. 16 Q Do you remember if at any time this first 17 detainee that you escorted out made contact with the 18 table? 19 A I don't.recall. 20 Q Let me just back this video up a little bit. 21 I'll play it from 6:38:42. 22 process of taking this detainee. 23 24 25 A Okay. And just watch again the So he was grabbing onto his friends so we wouldn't be able to pull him out. Q So we're watching this at 6:39:01 to 6:39:05. Page 87 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 559 of 628 Page ID #:2456 1 What were you saying happened at that time? 2 A He was grabbing onto his buddies. 3 Q And at that point do you know if he made contact 4 5 6 with the table? A I don't know about the table, but he was sure grabbing onto his friends. 7 Q And what were you doing at that time? 8 A Trying to escort him out. 9 Q How were you touching him at that time? 10 A What do you mean? 11 Q In this video that we just watched around 6:39 to 12 6:39:05 you're holding onto this detainee, 13 A Mm-hmm. 14 Q Where are you holding him? 15 MS. AGUADO: 16 THE WITNESS: 17 Is that a "yes"? Yes. BY MS. SWEETSER: 18 Q Where are you holding him? 19 A I can't tell based on the video. 20 play it. 21 Q 22 23 24 25 correct? Okay. You have to Let me play it one more time. I'm playing it again. A Based on the video, it looks like I'm trying to grab his arm. Q And are you striking him in any way at this time? Page 88 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 560 of 628 Page ID #:2457 1 2 A No. Nobody was struck that day. We only use as much force as necessary to escort them out. 3 Q And were you pulling on his arm? 4 A I was trying to gain control of his arm. 5 Q I'm gonna play the video more from-- I'll fast 6 forward it a little bit. 7 6:39:54. Do you see yourself at all in this frame of the 8 9 I'm playing it here from video here at 6:40:03? 10 A Can you keep playing it? 11 Q Sure. 12 13 14 15 I'll pause it here at 6:40:13. Do you see yourself here? A It is a little blurry, but it seems I'm the one right there with the hat. 16 Q Okay. 17 A Putting on gloves. 18 Q Why are you putting on gloves? 19 A My protection. 20 Q Is it to protect you from the pepper spray? 21 A I don't remember. 22 23 24 25 And so what are you doing at this time? I just have a habit of putting on gloves whenever a situation happens. Q What made you decide to put on the gloves at this time? MS. AGUADO: Calls for speculation. Page 89 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 561 of 628 Page ID #:2458 1 Q At 6:40:41 is one of those officers Reyes? 2 A Yes. 3 Q And do you know who the other officer is? 4 A Me. 5 Q And do you remember walking this detainee out? 6 A I remember escorting several detainees. Q Was this detainee resisting? 8 A No based on the video. 9 Q Did you walk him out to the rec yard? 10 A Yes. 11 Q Did you see him in the rec yard? 12 A I placed him in the rec yard. 13 Q Did you handcuff him? 14 A Yes. 15 Q And why did you handcuff him? 16 A We handcuffed everybody that we escorted outside 7 17 ! for their safety and our safety. 18 Q 19 yard, 20 A I don't recall. 21 Q Do you remember if there were any medical 22 And at that time when you got out to the rec do you remember who was there? personnel there? 23 A I don't recall. 24 Q Do you remember who the officer was outside? 25 A I don't remember. Page 93 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 562 of 628 Page ID #:2459 1 A To the right of Lieutenant Diaz. 2 Q Okay. 3 I'll play it a bit more here. 4 5 And that's at 6:42:33. At this time were you having a conversation with Lieutenant Diaz? 6 A I can't tell. 7 Q You don't remember saying anything to her? 8 A I don't recall. 9 Q Do you remember -- at 6:42:56 do you remember if 10 There's no audio. pepper spray had been deployed at this time? 11 A I don't -- I can't recall. 12 Q I see Lieutenant Diaz has something in her hand. 13 Can you identify that thing? 14 A Pepper spray. 15 Q Do you remember seeing Lieutenant Diaz spray the 16 17 18 detainees at this table that you were talking to? A I remember her using it. She had sprayed the table, not them directly at first. 19 Q What do you mean? 20 A That's the only time I remember her using it was 21 22 23 24 25 when she sprayed the table. Q So you mean she sprayed the table itself and not the detainees? A The table itself 'cause she really didn't want to use the pepper spray. She was just using it as a Page 95 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 563 of 628 Page ID #:2460 1 deterrent. 2 Basically like if she shows it to them, maybe 3 they'll want to rack up and go back to count-- well, go 4 back to their bunks so we can commence count. 5 remember her waving it several, several times and it 6 didn't phase them at all. 7 8 Q But I Do you remember if you ever said anything to the detainees about pepper spray? 9 A I don't recall. 10 Q You don't have any memory of saying anything 11 about the pepper spray? 12 A I mean, 13 Q Do you know whether the detainees had ever seen 14 if it's in your face. pepper spray used before? 15 A I didn't ask them. 16 Q Had you ever been present in 2 Charlie prior when 17 pepper spray was used? 18 A Prior to 2 Charlie? 19 Q Prior to this day, 20 had you seen it used in this dorm before? 21 A No. 22 Q I ' l l back up the video just a little bit. 23 gonna play it again from 6:42:18. 24 to stop. 25 Well, I'm And just let me know I'll stop it here at 6:42:22. Do you see Page 96 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 564 of 628 Page ID #:2461 1 yourself in this frame at all? 2 A Yes 3 Q And you're indicating that you're on the 4 (indicating). right-hand side? 5 A Yes. 6 Q And did you see -- in the portion of the video we 7 just watched, did you see Lieutenant Diaz deploying 8 pepper spray? 9 A I don't recall. 10 table that day. 11 using the pepper spray. 12 Q I just remember her spraying the That's the only time I remember her I'm gonna back it up just a little, and let me 13 know if you can identify her using the spray. 14 right. All I'm playing it again from 6:42:13. 15 I'm stopping it at 6:42:30. Did you see 16 Lieutenant Diaz deploy her spray at all? 17 A Yes. 18 Q And where was she located when she deployed it? 19 A At the bottom of this table 20 Q You're indicating the table with the detainees 21 you talked to earlier, (indicating). correct? 22 A Yes. 23 Q And where are you in this frame at 6:42:30? 24 A By another table. 25 Q So does that refresh your recollection that you Page 97 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 565 of 628 Page ID #:2462 1 witnessed her deploying her pepper spray that day? 2 A Yes. 3 Q And how many times did you see her deploy her 4 spray? 5 A I only saw her once and it was only for a second. 6 Q You didn't see her deploy it multiple times in 7 8 9 this video we just watched? A No, 'cause I remember her trying to avoid using the pepper spray in general. She really didn't want to 10 use it. 11 Q How did you know that? 12 A Judging by how long it took her to use it. 13 'Cause she was just waving it trying to deter them, 14 guess, and avoid using it. 15 pepper spray, usually the person doesn't want to get 16 pepper sprayed and we just leave it then and there 17 instead of going through the trouble. 18 19 20 21 22 Q 25 'Cause usually when you wave And you don't remember telling the detainees anything about the pepper spray? A I mean, I'm pretty sure they knew about it. They put their heads down like if they knew what it was. Q I'm playing the video again, it's at 6:42:38. I'm looking at 6:43:15 now. 23 24 I Do you see yourself in this video here? A Yes. Page 98 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 566 of 628 Page ID #:2463 1 2 Q And are you at the lower right-hand side of the table? 3 A Where the lieutenants are at, 4 Q Do you remember anything that you were saying to 5 6 yes. the detainees at this time? A I don't remember what was being said. I was just 7 waiting for -- I remember waiting for them to stop 8 interlocking their arms. 9 10 Q Do you remember if anyone gave them a command to stop interlocking their arms? 11 A They were given several verbal commands. 12 Q By you? 13 A Everybody. 14 Q Do you remember giving a command to not interlock 15 their arms? 16 A I don't recall. 17 Q Playing the video again from 6:43:17. 18 19 It looks like you're talking to someone. Do you know who you're talking to there? 20 A A detainee. 21 Q Sorry, say that one more time. 22 A A detainee. 23 Q Who's the person in the blue shirt here? 24 A It appears to be Officer Reyes. 25 Q But you're talking to the detainees and not to Page 99 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 567 of 628 Page ID #:2464 1 Reyes there? 2 A Hmm? 3 Q You're talking to the detainees and not to Reyes 4 there? 5 A Well, 6 Q And do you remember what you said to the detainee 7 8 9 10 11 I tapped the detainee on the shoulder. there? A No. See, he's tapping him on the side too trying to get him to stop. Q Do you remember hearing Officer Reyes say anything at this time? 12 A I don't recall the conversations. 13 Q Okay. Do you remember if there was anything in 14 specific that you commanded the detainee to do at this 15 time? 16 A Based on the video, it looks like we're trying to 17 convince them to stop interlocking their arms, but I 18 don't recall the actual conversation. So you don't actually remember giving that 19 Q 20 command? 21 A No. 22 Q Playing it now from 6:43:37. I'm stopping it at 6:43:49. 23 24 25 Are you touching a detainee at this point? A I can't tell. Page 100 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 568 of 628 Page ID #:2465 1 2 Q Do you remember pulling on another detainee at this table? 3 A I can't tell in the video. 4 Q I ' l l back it up a little bit. 5 All right. I'm playing it again from 6:43:44. I'm stopping it here at 6:43:49. 6 Does that 7 refresh your recollection at all that you were pulling 8 on the detainee? 9 A I wasn't pulling on him. 10 Q What were you doing? 11 A Trying to escort him out. 12 Q How were you doing that? 13 A By trying to get him off the table. 14 Q And how were you doing that? 15 A By assisting him up. 16 Q And what did you do to assist him up? 17 A I was trying to help out my second officer pick 18 him up. 19 Q Did you have ahold of his arm? 20 A I can't tell. 21 Q You were trying to pick him up; 22 A Yes. 23 Q Was there a particular way you were trained to 24 25 is that right? pick up a seated detainee? A Was I trained to? Page 101 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 569 of 628 Page ID #:2466 1 Q Yeah. 2 A No. 3 Q And you can't tell what part of his arm or what 4 part of his body you were grabbing? 5 A No, I can't tell. 6 Q I'll play it further. I'm stopping again at 6:43:54. 7 8 detainee went down toward the table. 9 that happening? It looks like the Do you remember 10 A No. 11 Q Does it look to you in the video like the 12 detainee made contact with the table? 13 A It looked like he made contact with the table. 14 Q Do you know where you were touching him at that 15 time? 16 A I can't tell. 17 Q Playing it further. 18 A Well, based on the video, 19 20 21 looks like it was his arm. Q I'm stopping it again at 6:44:09. Are you walking out with the detainee now? 22 A Yes. 23 Q And where are you holding him? 24 A It appears to be his arm. 25 Q During this period of time when you were Page 102 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 570 of 628 Page ID #:2467 1 assisting him up from the table, did he strike you at 2 any time? 3 A No. 4 Q Did he throw his hands back? 5 A He was resisting the whole time. 6 I can't tell based on the video. 7 Q Do you remember him throwing his hands back? 8 A I don't recall. 9 Q When you said he was resisting the whole time, 10 what do you mean? 11 A Well, based on the video, you saw the person who 12 wasn't resisting at all. He walked out peacefully. And 13 this one, he's just resisting the whole time, avoiding 14 us. 15 Q He's trying to remain seated? 16 A Pulling away from us, as to the other person who 17 really wasn't resisting and just walked out. 18 a pretty big difference between resisting and not 19 resisting. 20 21 Q And so you said he was pulling away from you. A Just avoiding being escorted. 23 Q Okay. 25 Is there anything else he was doing? 22 24 So there's I'm gonna play it further. And at this point at 6:44:17 where are you located? Page 103 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 571 of 628 Page ID #:2468 1 Q I'll play it again. 2 A On the one we have it looks like there's three. 3 Q So this is at 6:46:17. 4 It looks like there's three officers touching this detainee; is that right? 5 A Mm-hmm. 6 Q And are you the officer most toward the bottom of 7 the screen? 8 A Yes, the one with the black sweater -- jacket. 9 Q Now that we watched a little further, 10 tell who any of the other two officers are? 11 A No. 12 Q Do you know if Reyes is one of them? 13 A Let me see. 14 15 16 17 I can't really tell, though. Q Okay. And at 6:46:23 are you escorting this detainee outside? A Yes. 19 Q Okay. 21 Play it. It looks like it could be Reyes. 18 20 can you Do you remember anyone saying anything to you at this point at 6:46:23? A I remember him like pulling from us really bad. 22 And I remember Officer -- not Officer, Sergeant Campos 23 coming in. 24 it, so he gave us the directive to guide him towards the 25 wall. And he saw that we didn't have control of Page 107 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 572 of 628 Page ID #:2469 1 Q How did he give you that directive? 2 A Verbal. 3 Q And did he use those words, 4 "guide him toward the wall"? 5 A Yes. 6 Q Did he say anything else like "gain control"? 7 A Well, he helped us get control. 8 Q How did he help you? 9 A Play the video. 10 Q Sure. 11 A It looks like he had his hands on his back so he 12 13 14 15 16 17 18 wouldn't move. Q All right. So I'm pausing it again at 6:46:36. So Campos placed his hands on the detainee's back? A Well, I don't remember the exact spot, but he placed his hands on him. Q And you guided him toward the wall; is that right? 19 A Yes, 20 ' Q Do you remember how he made contact with the 21 to gain control. wall? 22 A I think the midsection of his body. 23 Q Do you remember his head hitting the wall? 24 A No. 25 Q Do you remember where his hands were at that time Page 108 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 573 of 628 Page ID #:2470 1 when you guided him to the wall? 2 A I can't tell. 3 Q Did you have ahold of his arm? 4 A We can see if you play the video. 5 Q Let me back it up a bit. 6 A Yeah, I can't really tell where my hand's at. 7 Q Okay. I'm gonna play it again from 6:46:22. 8 A It appears to be his arm. 9 Q Stopping at 6:46:25. 10 It looks like you're holding onto his arm you said? 11 A Mm-hmm. 12 Q And did you push him against the wall? 13 A Guided. 14 Q So you wouldn't say you pushed him against the 15 wall? 16 A No. 17 Q Do you remember this detainee, this fourth 18 detainee that you escorted out striking you at any time? 19 A No. 20 Q He didn't do that, 21 A No. 22 Q Do you remember that detainee, 23 right? I wasn't strucken [sic] that day at all. that fourth detainee throwing his hands back? 24 A I don't remember. 25 Q You don't have any memory of that? Page 109 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 574 of 628 Page ID #:2471 1 A No. 2 Q I'm playing it again. At this point where are you at 6:46:43? 3 4 A With the same detainee. 5 Q Okay. 6 A Trying to escort him out. 7 Q Okay. 8 And it looks like you left the room and escorted him out at 6:46:50; is that right? 9 A Mm-hmm. 10 Q Do you remember anything that happened with that 11 12 13 14 15 16 17 It appears so. detainee in the hallway? A We just escorted him out, same thing as the other ones. Q Do you remember, did you see him in the rec yard with the other detainees? A We placed him out there with the rest of the detainees. 18 Q And did you handcuff him? 19 A Everybody was handcuffed. 20 Q Do you know if he was handcuffed at the wall or 21 outside? 22 A I don't remember. 23 Q Do you remember anything that stood out about 24 25 handcuffing that particular detainee? A Not that I recall. Everybody pretty much Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 575 of 628 Page ID #:2472 1 at all in this video? 2 A Let me see. 3 Q Sure. 4 A It looks like I just entered (indicating) . 5 Q You just entered, 6 A Mm-hmm. 7 Q Okay. 8 A Yes. 9 Q Okay. 11 correct? That's at 6:47:34? I'll play. All right. 10 Keep playing it. I'm gonna stop it at 6:47:40. this point what are you doing? 12 A It looks like I have my hands on his arm. 13 Q On the detainee's arm? 14 A Yes. 15 Q And do you know the other officers that are 16 17 holding onto that detainee? A No. The only reason I can spot myself is 'cause 18 it was pretty obvious that day. 19 jacket and a black hat. 20 At Q I was wearing a black I'm playing it again at -- I'm pausing it again 21 at 6:47:50. Can you tell me what you're doing in this 22 frame of the video? 23 A Trying to gain control. 24 Q And how are you doing that? 25 A I can't tell. Page 113 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 576 of 628 Page ID #:2473 1 2 Q It looks like the detainee is on the floor; is that correct? 3 A It appears so. 4 Q How did he get onto the floor? 5 A Resisting. 6 Q Can you describe for me how he got onto the 7 floor? 8 MS. AGUADO: 9 THE WITNESS: 10 He just did. Asked and answered. I just did. BY MS. SWEETSER: 11 Q When you say "resisting," what do you mean? 12 A As if he was pulling away from us the whole time. 13 Q So is your testimony that he pulled away and fell 14 onto the floor? MS. AGUADO: 15 16 testimony. 17 Go ahead. 18 THE WITNESS: 19 Objection; that misstates his Repeat the question. BY MS. SWEETSER: 20 Q How did he get onto the floor? 21 A I don't know. 22 He was resisting. Somehow he ended up on the floor. 23 Q You're not sure how that was? 24 A No. 25 Q Playing it again from 6:47:53. Page 114 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 577 of 628 Page ID #:2474 1 2 3 4 Can you describe for me at 6:47:58 what's happening? A The officers are trying to gain control of the detainee. 5 Q Where are you? 6 A I don't see myself. 7 Q Did you leave? 8 A I can't tell. 9 Q I'll back it up a little bit. 10 13 I'm stopping at 6:47:58. A It looks like I was right there by the officer (indicating) 15 covering. 17 As you watch those few seconds of video, could you see yourself in them? 14 16 I'll hit play again at 6:47:51. 11 12 Did you move away? Q I can't really tell, though. He's It looks like you're on the far side of that officer in the blue shirt? 18 A It appears so. 19 Q Okay. If I change -- I'm gonna change back to C1 20 just to see if we can get a view of you. 21 the same timestamp 6:47:58 at C1 view, can you see 22 yourself in this? 23 A It's worse. 24 Q Okay. 25 If we look at I can't even tell if it's me. Go back to C3. So in this view are you bending down in C3? Page 115 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 578 of 628 Page ID #:2475 1 A It appears so. 2 Q Okay. 3 A Trying to gain control. 4 Q How are you doing that? 5 A I can't tell. 6 Q Do you remember how you tried to gain control of 7 And what are you doing at this time? this detainee? 8 A No. 9 Q Do you remember if you struck him? 10 A I didn't strike anybody that day. 11 Q And he didn't strike you, 12 A No. 13 Q And do you remember why he was on the floor at 14 correct? this point? 15 A Because he didn't want us to escort him outside. 16 Q Did he fall to the floor? 17 A I can't tell. 18 Q Was anyone holding onto his feet? 19 A I can't tell. 20 Q Okay. 21 22 I'm gonna play it a bit further. I'll stop it at 6:48:10. Are you carrying this detainee at that point? 23 A Play the video. 24 Q I'll back it up a little bit. 25 I'm playing it from 6:48:07. Page 116 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 579 of 628 Page ID #:2476 Stopping at 6:48:12. 1 2 A Me and two other officers. 3 Q And are you carrying him or is he walking under 4 his own power? 5 A Carrying. 6 Q Do you remember why you decided to carry that 7 8 9 10 detainee? A Because he would not move at all. way he was gonna walk. Q Do you remember, had you formed the judgment that 11 he wasn't 12 decided okay, 13 There was no A - what were you thinking about when you Well, this person isn't gonna walk? I can't tell you what I was thinking. 14 Judging by the video we obviously couldn't get him on 15 his feet, 16 so he wasn't gonna walk. So we had to have another officer hold his feet, 17 the other person hold the other arm and I had another 18 arm and we escorted him outside. 19 20 Q Do you remember which officer was holding his feet? 21 A I can't tell. 22 Q Do you remember who had the other arm? 23 A No. 24 Q Do you remember anything that happened with this 25 detainee in the hallway? Page 117 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 580 of 628 Page ID #:2477 1 A Same thing as the other ones; just escorted 2 outside in the rec yard, placed in handcuffs and we had 3 them wait outside. 4 5 Q Do you remember if this detainee sat up when you were outside or if he was lying on the floor? 6 A I don't remember. 7 Q Do you remember if when you got this -- was this 8 the last detainee you escorted out? 9 A If you play the video, we can see. 10 Q Were any detainees left at the tables at this 11 12 point in the video? A Looks like they're struggling with one over here 13 on this side (indicating). Yeah, based on the video, 14 appears that they're struggling with another detainee in 15 the corner. 16 Q And did you touch that detainee, 17 A No. 18 Q Okay. 19 A Mm-hmm. 20 Q At this point have we talked about all the 21 it if you remember? So we watched the video now to 6:48:44. detainees you removed from the table? 22 A Yes. 23 Q Do you remember touching any of the other 24 detainees at any point after placing that fifth detainee 25 in the rec yard? Page 118 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 581 of 628 Page ID #:2478 1 A No. 2 Q Okay. 3 4 What happened after you placed the fifth detainee in the rec yard? A Well, the whole reason we put them outside was to 5 gain control of the whole situation, but the whole time 6 they were protesting there, 7 screaming. I 8 9 all the detainees were up just remember the dorm being really loud. So our point was remove them since they seemed to be the 10 problem and escort them outside 'cause these guys were 11 just screaming really loud, 12 well. just being disobedient as They wouldn't get on their bunks. 13 So as soon as 14 we got everybody outside, we -- I remember somebody 15 taking them to Medical. 16 the whole dorm and placed everybody outside. 17 18 Q And then after that we cleared Were you one of the officers that escorted them to Medical? 19 A No. 20 Q Do you remember seeing Medical personnel in the 21 22 dorm that day? A I remember seeing them outside as soon as we 23 escorted everybody out because Medical staff was taking 24 vitals of everybody. 25 Q So after you escorted the detainees to the rec Page 119 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 582 of 628 Page ID #:2479 1 yard did you return to the dorm? 2 A No. 3 Q When you say you escorted everyone outside, about 4 5 how long after -A Well, as soon as we removed everybody, that's 6 when we started escorting everybody outside because 7 there was pepper spray in the area, 8 get cleaned up. 9 so that needed to So we just removed everybody from 2 Charlie and 10 placed them outside in a single-file line, made sure 11 everybody was accounted for and everybody was vitaled. 12 And then officers went inside and cleaned. 13 Q Were you one of the officers that cleaned? 14 A No. 15 Q Where did you go next after evacuating the dorm? 16 A I 17 Q Were you outside in the yard with the detainees? 18 A Yes, 19 Q Did you see the detainees who were involved in 20 was outside. supervising. the use of force being taken to Medical? 21 A Yes. 22 Q Do you remember -- 23 A I didn't see them physically get taken to 24 Medical, but I remember them being escorted to Medical 25 'cause I stayed in the yard. Page 120 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 583 of 628 Page ID #:2480 1 2 3 4 5 A No, it's just whenever I have time. my stuff done before I take my lunch. Q Do you always take your lunch break within the first five hours of when you start working? A No. Sometimes I take it within the first two. 6 Sometimes I take it within the first four. 7 different every day. 8 9 I gotta get Q It's Is there a policy that you have to take it within the first five hours? 10 A Yes. 11 Q And did you miss your lunch break in the first 12 five hours that day? 13 A I don't think so. 14 Q Did you see a warden or assistant warden come to 15 the dorm that day? 16 A Yes. 17 Q When did they arrive? 18 A When everybody was already on the yard. 19 Q Did they speak to you? 20 A No. 21 Q Do you know if they arrived before or after the 22 medical personnel were taking the vitals? 23 A I don't recall. 24 Q Do you know if the detainees who were part of the 25 use of force had their vitals taken while they were on Page 122 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 584 of 628 Page ID #:2481 1 incident? 2 A No, 3 Q Did you go to Medical after this incident? 4 A Yes. 5 Q When did you go to Medical? 6 A As soon as we placed all the detainees back 7 inside. 8 Q 9 10 11 ' I don't. Was it before or after you went to the watch office to get the incident form? A I don't remember. I just remember having my vitals taken. 12 Q Were you in any pain at that time? 13 A No. 14 Q Did you get injured in any way? 15 A No. 16 Q Do you remember if at some point you counted the 17 detainees from 2 Charlie? 18 A I remember them doing a face-to-photo. 19 Q Was that in the yard? 20 A Yeah, making sure everybody was counted, but I 21 was just the one supervising them. 22 Q Did you line them up for that count? 23 A I assisted. 24 Q Did someone make a logbook entry about what had 25 happened? Page 126 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 585 of 628 Page ID #:2482 1 2 her away from the detainees? A I don't recall. I just remember her getting on 3 the radio and calling west, and then west responded I 4 want to say five to 10 minutes later. 5 Q Do you know if she only called them one time? 6 A I 7 Q Do you know remember her calling several times. do you remember -- can you 8 describe for me at all what was happening when she was 9 making these calls? 10 A What do you mean? 11 Q Where she was, what she was doing. 12 A No, 13 Q Did all of the calls take place before the 14 I Describe what? just remember her calling. deployment of pepper spray? 15 A Yes. 16 Q Did she say anything to you about why she felt 17 additional supervisors were needed? 18 A She didn't tell me specifically. 19 Q Did she tell you anything about it? 20 A No. 21 Q Did you have an understanding of why she was 22 calling for supervisors? 23 A She probably felt that she needed help. 24 Q And you didn't put anything in here about the 25 detainees in the upper bunk area, did you? Page 131 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 586 of 628 Page ID #:2483 1 A No. 2 Q But now you say you remember the detainees in the 3 4 upper bunk area were yelling; is that right? A Based on the video, I do remember. I just wasn't 5 too detailed with the report, which I should have been. 6 That was my mistake. 7 Q What do you remember them saying? 8 A I 9 10 just remember them being loud, don't remember the exact words. screaming. I just remember them screaming. 11 Q Do you remember when that started? 12 A As soon as we all entered the dorm, 13 Q So it started around 6:33? 14 A I don't know what timeframe. 15 16 I I believe. I just remember them screaming. Q I'm gonna show you one more portion of the video. 17 Okay. I'm gonna show you starting at 6:34:32. 18 we're looking at east 2, C2 right now. And Do you see yourself in this video? 19 20 A Yes. 21 Q Okay. 22 A Walking. 23 Q And you're a little bit ahead of Lieutenant Diaz 24 25 And what are you doing in this video? in the direction you're walking, A correct? Mm-hmm. Page 132 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 587 of 628 Page ID #:2484 1 Q I'm just gonna play it a little. Does this 2 refresh your recollection that around 6:34:52 which is 3 where we are in the video, you went upstairs? 4 A Yes. 5 Q And at this time were the detainees in the upper 6 That's a better angle. area screaming? 7 A Yes. 8 Q And do you remember anything they were saying? 9 A No, I just remember them being rowdy. And the 10 whole reason I went up was to try to get them to quiet 11 down. 12 Q Okay. 13 A 'Cause just by them protesting, I guess it gave 14 them -- they felt they had a free pass to be as loud as 15 they want, be disruptive. 16 17 Q And were there rules about not making too much noise in the dorm? 18 A Yes, during count. 19 Q I can't tell if I can see you here. 20 21 22 23 24 25 Do you see yourself here? A No, I can't see myself. Looks like that's me right there walking. Q Okay. So you're on the top level and you're walking along the bunks A Yes. Page 133 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 588 of 628 Page ID #:2485 is that right? 1 Q 2 A Mm-hmm. 3 Q Was anyone 4 were you giving commands to people in the bunks here? 5 A Yes. 6 Q What were you saying? 7 A I don't recall exactly, but I was telling 8 everybody that day to quiet down. 9 have been there, you would have even seen that the dorm 10 was really loud and disruptive. 11 control of it somehow. 12 13 Q 'Cause if you would Like we had to gain Do you remember anything they were saying to you at that time? 14 A No. 15 Q Do you remember if you were giving commands in 16 English or Spanish? 17 A Both. 18 Q Have you come out of the dorm there to the other 19 I always give both English and Spanish. side now? 20 A Mm-hmm. 21 Q And do you remember if you walked along the other 22 23 24 25 side in the same way? A Most likely. There's no other reason why we would be going that way. Q In the portion of the video we just watched, did Page 134 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 589 of 628 Page ID #:2486 1 you see a detainee coming down the stairs? 2 A Play it again. 3 Q I'll back it up. 4 5 6 7 8 9 10 11 Did you see a detainee here coming down the stairs or is that another officer? A 14 Where at? Which ones, the one you're talking about? Q I see you interacting with someone at the foot of the stairs who came down the stairs. Is that another officer -A Play it again. Yeah, 12 13 It's at 6:34:36 again. Q area; Okay. that's another officer. So the detainees weren't leaving the bunk is that right? 15 A No, they're not allowed to. 16 Q Is the reason they're not allowed to because it's 17 18 19 20 21 count? A Because it's count. That's the only time they're not allowed to leave their bunks. Q So the rest of the time they can go freely between the dayroom and the bunks? 22 A Yes. 23 Q On the second page of Exhibit 4 you'll see a list 24 25 of detainees. A Okay. Page 135 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 590 of 628 Page ID #:2487 1 Jindi or Officer Gillon said anything to you about a 2 hunger strike? 3 A No, neither did the detainees. 4 Q And Lieutenant Diaz, did she ever say anything to 5 you about hunger strike? 6 A No. 7 Q Did she say anything after the incident about 8 hunger strike? 9 A Well, 10 Q Was that when you were writing your report? 11 A No, 12 Q When was that? 13 A Couple days when they were already inside. 14 Q How did you hear about it? 15 A Briefing. 16 Q And what did you hear about it at the briefing? 17 A Just that the same detainees are now in a hunger 18 strike. 19 Q Did you hear anything else about it? 20 A No. 21 Q Did you discuss it with any of your fellow 22 it was brought up after the fact. that was way after. officers? 23 A No. 24 Q Did you discuss it with any of the detainees? 25 A No. Page 141 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 591 of 628 Page ID #:2488 ·-·~~. 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss. 3 4 5 6 I, the undersigned, hereby certify under 7 penalty of perjury under the laws of the State of 8 California that the foregoing testimony is true and 9 correct. 10 Executed this 11 __j_~----' 12 California. --~lj_ 20 _l~ at ___ j_: day of '30 Y~--- 13 14 / ' ·. i 15 GILBERT MARTINEZ 16 17 18 19 20 21 ' 22 23 24 25 Page 159 ------·--- ----·-- Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 592 of 628 Page ID #:2489 INSTRUCTIONS FOR READING/CORRECTING YOUR DEPOSITION To assist you in making corrections to your deposition testimony, please follow the directions below. If additional pages are necessary, please furnish them and attach the pages to the back of the errata sheet. This is the final version of your deposition transcript. Please read it carefully. If you find any errors or changes you wish to make, insert the corrections on the errata sheet beside the page and line numbers. If you are in possession of the original transcript, do NOT make any changes directly on the transcript. Do NOT change any of the questions. After completing your review, please sign the last page ofthe errata sheet, above the designated "Signature" line. ERRATA SHEET Page 10 Line Change: '/ 0'S t-'\ISU>IOOIZS-fl:> 'Q:I~ GAJ">1"ION. r:;•>J~-Ii:At> -n..> ,:. ~~"-"'"" "l'fie"l%-e w~o~..-~ "J:O WA:i 1'6 @f! AG:?.415' fvl<>rJ"f"iji A"-10 Tl-\€1 D-rll..fZ-- "'-'"" S A"f WIN <.0 ,I'<.N{)iiiJ'-'Y W>i2l'o>fi "T!·H!tze; ~ Ag()<]f A :!" Reason: M:>'""'* Change: _ _ _ _ _ _ _ _ _ _ _ _ __ Reason:-------------Change: _ _ _ _ _ _ _ _ _ _ _ __ Reason: -------------- Change: _ _ _ _ _ _ _ _ _ _ _ _ __ Re~on: _ _ _ _ _ _ _ _ _ _ _ _ __ Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 593 of 628 Page ID #:2490 _,,-__ Page ( ·'' Line Change:-------------Re~on: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Change: _ _ _ _ _ _ _ _ _ _ _ _ __ Re~on: _ _ _ _ _ _ _ _ _ _ _ _ _ ___ Change:-------------R~on: _________________ Change:------------Re~on: _________________ Change:-------------Re~on: ___________________ Change: _________________ Re~on: ,·····,_, t, _________________ ! Change:----------------R~on: _________________ Change:-------------- /subject to the above changes, I certify that the transcript is true and correct. No changes have been made. I certify that the transcript is true and correct. --:f. 12 -tcr Signature .... _____ J Date Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 594 of 628 Page ID #:2491 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss. 3 4 5 6 I, CHRISTINE RYBICKI, C.S.R. No. 13481, in and for the State of California, do hereby certify: That prior to being examined, the witness named 7 In the foregoing deposition was by me duly sworn to 8 Testify to the truth, 9 the truth; 10 the whole truth, and nothing but That said deposition was taken down by me in shorthand at the time and place therein named and 11 thereafter reduced to typewriting under my direction, 12 and the same is a true, correct, and complete transcript 13 of said proceedings; 14 That if the foregoing pertains to the original 15 transcript of a deposition in a Federal Case, before 16 completion of the proceedings, 17 18 19 20 review of the transcript was { } was not required. I further certify that I am not interested in the event of the action. Witness my hand this 3rd day of July, 2019. 21 22 23 24 Certified Shorthand Reporter 25 for the State of California Page 160 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 595 of 628 Page ID #:2492 EXHIBIT Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 596 of 628 Page ID #:2493 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OMAR ARNOLDO RIVERA MARTINEZ; ISAAC ANTONIO LOPEZ CASTILLO; JOSUE VLADIMIR CORTEZ DIAZ; JOSUE MATEO LEMUS CAMPOS ; MARVIN JOSUE GRANDE RODRIGUEZ; ALEXANDER ANTONIO BURGOS MEJIA; LUIS PENA GARCIA; JULIO CESAR BARAHONA CORNEJO , as individuals , PLAINTIFFS , vs. )No. 5:18-cv-01125-R-GJS ) THE GEO GROUP, Inc., a Florida corporation; the CITY OF ADELANTO, a municipal entity; GEO LIEUTENANT DURAN, sued in her individual capacity ; GEO LIEUTENANT DIAZ, sued in her individual capacity; GEO SERGEANT CAMPOS , sued in his individual capacity ; SARAH JONES, sued in her individual capacity ; THE UNITED STATES OF AMERICA; and DOES 1-10, individuals, DEFENDANTS. ORIGINAL Reported by: Pages 1-190 DEPOSITION OF ANTHONY REYES Tuesday, April 30 , 2019 Bakersfield , California Priscilla Ornelas , CSR No. 14276 Page 1 Veritext Legal So lutions 866 299-5 127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 597 of 628 Page ID #:2494 APPEARANCES 1 2 For Plaintiffs: Schonbrun Seplow Harris & Hoffman, LLP By MS. CATHERINE SWEETSER Attorney at Law 11543 West Olympic Boulevard Los Angeles, California 90064 (310) 396-0731 csweetser@sshhlaw.com 3 4 5 6 7 Law Offices of Carol Sobel By MS. MONIQUE A. ALARCON Attorney at Law 725 Arizona Avenue Suite 300 Santa Monica, California 90401 (310) 393-3055 monique.alarcon8@gmail.com 8 9 10 11 12 13 For Defendant The GEO Group, 14 15 16 17 18 19 20 21 For Defendant Sarah Jones: Inc.: Burke, Williams & Sorensen, LLP By MS. CARMEN M. AGUADO Attorney at Law 444 South Flower Street Suite 2400 Los Angeles, California 90071 (213) 236-0600 caguado@bwslaw.com Lewis Brisbois Bisgaard & Smith, LLP By MS. JUDITH M. TISHKOFF Attorney at Law 633 West 5th Street Suite 4000 Los Angeles, California 90071 (213) 680-5088 judith.tishkoff@lewisbrisobois.com 22 23 24 25 Page 2 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 598 of 628 Page ID #:2495 1 always stealing other people's, 2 commissary; and he was always putting in grievances. 3 would grievance at least once a week. Q. 4 5 Okay. 7 Only if you know. 8 THE WITNESS: how No. The grievances were always always kept private. the grievance coordinator. 11 BY MS. SWEETSER: 14 Q. So it was between him and How did you know he was turning in the grievances? A. She would always come to the unit when -- and 15 speak to him. 16 distance from us, 17 to me first and tell me, 18 she would like to speak to him. 19 and talk. 20 21 Q. And they would speak at a table at a and they would talk. She would come "He's filed a grievance," and So they would go aside Do you know if the grievance coordinator spoke Spanish? 22 A. She did not speak Spanish. 23 Q. Did she bring an interpreter with her? 24 A. Sometimes. 25 Do you Calls for speculation. 10 13 He remember what the grievances were about? MS. AGUADO: 12 food or Let's start with the grievances. 6 9 like, She would bring an interpreter or she would ask a detainee to translate. Page 47 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 599 of 628 Page ID #:2496 MS. AGUADO: 1 2 And then just make sure you let her finish -- 3 THE WITNESS: 4 MS. AGUADO: 5 THE WITNESS: 6 shift, 7 was af- 8 relieve him. 9 relieved him. Yeah. Sorry. -- before you jump in. So Officer Gillon was there night and then between 6:00 and 6:30 somebody -- this after our briefing, somebody's supposed to go I don't know if it was Officer Jindi who I just know she was there when the 10 incident was called out on the radio. 11 BY MS. 12 Q. 13 radio? 14 A. SWEETSER: Okay. What do you remember her saying over the She requested a lieutenant to the unit because 15 the detainees were refusing to return to their bunk 16 areas for count. 17 18 Q. Did she say anything else on the radio besides the detainees were refusing to return to bunk? 19 A. No. 20 Q. Did you hear anything at that time about a list 21 of demands being presented? 22 A. What do you mean "a list of demands"? 23 Q. Did you hear anything about any written 24 25 document that was handed to an officer? A. No. Page 76 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 600 of 628 Page ID #:2497 Q. 1 2 Did Officer Jindi say anything about why the detainees were refusing to return? A. 3 I don't remember exactly how she worded it. 4 She just said that they were refusing to go for count. 5 She didn't even say why. 6 Q. Who responded to Officer Jindi's call? 7 A. It was -- from what I can remember, 8 Lieutenant Diaz, 9 Officer Lacy. Officer Martinez, I know that there was more, 11 remember at the time -- right now. 13 Q. Officer Gillon, That's all I can think of at that time. 10 12 but that's all I can Did anyone radio back to Officer Jindi, or did you just leave the briefing room and go there? 14 A. We just went straight there. 15 Q. Did Officer -- sorry. 16 it was me, Did Lieutenant Diaz tell some of you to accompany her to the rooms? 17 A. Yes. 18 Q. So did she pick who would come with her to -- 20 A. She didn't point out and say, 21 come." 22 her, 19 23 24 25 to She just said, "Let's go." "You come. You Whoever was around we followed her. Q. So was it all the officers in the briefing room? A. Not all of us, no. Page 77 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 601 of 628 Page ID #:2498 Q. 1 So Lieutenant Diaz didn't tell certain people 2 to come with her. 3 followed her? It's just whoever was available 4 A. Right. 5 Q. Did you talk to any of the people who were 6 following Lieutenant Diaz at this time? A. 7 8 No. We just went there to the unit to see what was going on. Q. 9 About how long did it take you to get there, do 10 you think? 11 A. About a little -- a little over a minute. 12 Q. And when you arrived in the unit, A. Detainees sitting at a table, 13 14 15 what did you see? two different tables. 16 Q. Did you talk to Officer Gillon at that time? 17 A. No. 18 Q. Did you see if Lieutenant Diaz talked to 19 Officer Gillon? No. 20 A. 21 detainees. 22 Q. She went and talked straight to the What did you hear her say? 23 MS. AGUADO: 24 If you -- 25 THE WITNESS: Assumes facts. Right. Page 79 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 602 of 628 Page ID #:2499 1 MS. AGUADO: 2 THE WITNESS: Assuming you heard something. She was just asking them to rack 3 up for count or go back to the bunk area. 4 asking why were they sitting there and what -- what the 5 problem was. 6 BY MS. 7 Q. Did she ask that in English or ln Spanish? 8 A. English. 9 Q. Did you hear her speaking Spanish with the 10 She was SWEETSER: detainees at any time? 11 A. No. 12 Q. Do you know if any of the officers that 13 14 responded with you speak Spanish? A. 15 16 17 18 I don't know if they speak Spanish or not. Actually, yes. Officer Martinez does speak Spanish. Q. Have you heard him speaking Spanish in the facility previously? 19 A. Yes. 20 Q. Have you heard him speaking Spanish with the -- 21 22 with any of the detainees in this incident? A. I don't remember him speaking Spanish with 23 these specific detainees, but I -- I 24 speaking Spanish, 25 asked to. remember him translating to detainees when he was Page 80 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 603 of 628 Page ID #:2500 1 A. I believe so. 2 Q. Do you remember if you were at that detainee's 3 arms or leg? 4 A. I don't remember what I was carrying. 5 Q. All right. So going back to the beginning of 6 the incident when you said Lieutenant Diaz was asking 7 the detainees -- what was she asking the detainees that 8 you heard? 9 A. She was asking me what -- what was wrong. 10 aren't they racking? 11 for count?" Q. 12 13 Why aren't they going to their bed And did you hear any of the detainees respond to her? 14 A. 15 their 16 her. They just kept saying they want to speak to the ICE officer. They didn't want to talk to 17 Q. So you heard the detainees say that? 18 A. Yeah. There was a -- they weren't saying much They weren't even responding to Lieutenant Diaz 19 at all. 20 or being quiet most of the time. 21 22 Q. Did you see any written documents on the table in front of them? 23 A. No. 24 Q. Did you talk to Officer Gillon at all 25 "Why throughout the incident? Page 86 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 604 of 628 Page ID #:2501 1 count the minutes or anything. 2 BY MS. SWEETSER: But ... 3 Q. Would you say it was more than one minute? 4 A. Yes. 5 Q. Was it more than five minutes? 6 A. She was talking and going back, So as far as her actual talking to them, 7 going back. 8 minute times, 9 trying to deescalate the situation, 10 11 I don't know. But the whole time she was Q. 13 Lieutenant Diaz? 14 MS. AGUADO: 15 If you know. 16 THE WITNESS: 17 detainees myself. 18 BY MS. SWEETSER: 21 22 it was And during that ten-minute period, was anyone else speaking to the detainees, 20 like I said, about ten minutes. 12 19 talking and Q. Okay. or was it just Calls for speculation. I was also trying to talk to the Where were you located during the first time that she spoke to them? A. Right there in the room with her. Like, right -- I was standing next to her. And where was she standing relative to the 23 Q. 24 detainees? 25 A. Was she next to the table? Was she She was walking around. Page 91 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 605 of 628 Page ID #:2502 1 Q. Okay. 2 A. So she wasn't standing in one particular spot. 3 Q. Were you also walking around, 4 or were you standing in a particular spot? 5 A. I was also walking around. 6 Q. And were you talking to the detainees in 7 English? 8 A. Yes. 9 Q. What were you saying to them? 10 A. I was trying to encourage them to go back to 11 their bunk areas. 12 Q. Do you remember any of the words you used? 13 A. I would -- not exactly the words. I don't 14 remember the exact words I used; but I was telling them, 15 "Come on, 16 a - - of a problem." 17 understand they're frustrated and they want to speak to 18 an ICE officer. 19 officers, 20 So I was telling them when they get here, 21 definitely notify them. 22 back to the beds so we can conduct count." 23 Count was very important, 24 25 you guys. This doesn't need to be this big of I know -- I was telling them I At the time, even that I knew of, there were no ICE on -- at the facility. "But for now, we'll can we just go and they knew count was important. Q. Did you -- did you hear anyone else speaking to Page 92 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 606 of 628 Page ID #:2503 1 2 3 4 Q. Did anyone engage with you or say anything back to you? A. They were just telling me they're not Yeah. gonna go anywhere. 5 Q. In English? 6 A. They're staying right there. Yes. 7 8 Q. What words do you remember them using? 9 A. "No. No. We're not going back. No." And 10 they were talking to each other as well. As I was 11 talking to them, 12 detainees -- the detainees were telling each other, 13 "Whatever happens, trying to encourage them, the do not go back to your beds." 14 Q. Were they saying that in English or Spanish? 15 A. English. 16 Q. So they were talking to each other in English 17 18 to say that? A. Well, they were talking both English and 19 Spanish. 20 gonna go anywhere with us; and they're not gonna go back 21 to their beds. 22 to each other in Spanish. 23 24 25 Q. But they were telling me, they're not But I don't know what they were saying After that time when you were talking to them and walking around, A. no, what's the next thing you did? Lieutenant Diaz told us -- I remember we walked Page 94 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 607 of 628 Page ID #:2504 1 this way, back to the podium area; and I believe that's, 2 you know, when she gave us orders to try to break them 3 up, pull -- like, 4 to their bed. 5 place my hand on their shoulder. 6 anything. 7 And he doesn't. 8 leave him there. Q. 9 10 like, just get them up and guide them And I went back, I'm just asking, and you see me just But I'm not pulling or "Come on. So I take my hand off of him, and I Did you see if Lieutenant Diaz had pepper spray in her hand? 11 A. Yes, 12 Q. When did she take that out? she did. 13 MS. AGUADO: 14 Go ahead. 15 THE WITNESS: 16 out. 17 BY MS. 18 Q. 19 Come with me." Calls for speculation. I don't remember when she took it SWEETSER: Did she have it during that first ten-minute period when you said she was talking to them? 20 MS. AGUADO: 21 If you know. 22 THE WITNESS: like, Calls for speculation. I -- I just remember walking 23 around with it, ln the middle of all the -- like, 24 after we went in and saw the situation and we're -- you 25 see the officers in the back, like, observing 'cause we Page 95 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 608 of 628 Page ID #:2505 1 kind of just wait on orders from the lieutenants. 2 remember her, 3 ' them -- telling them, 4 to listen, 5 Count's really important. 6 she was telling them, 7 sprayed. 8 know, 9 So I you know, pulling it out and telling like, "Hey, if you guys don't want you know -- I have to get this count done. You guys don't want to. " "You guys don't want to get Let's just go back to the bed." And, you that's when she pulled it out. Q. Do you remember her putting it on the table at 10 any time? 11 A. I don't remember her putting it on the table. 12 Q. At the time you said you went and placed hands 13 on the detainee's shoulders, do you remember any other 14 officers doing the same thing? 15 A. Yes. 16 Q. And who were those other officers? 17 A. I think it was -- Officer Martinez, 18 trying to talk to somebody, 19 Let's go." 20 Q. telling him, also, was "Come on. But he didn't want to move, either. Did he have his hands on that detainee's 21 shoulder? Did you see? 22 A. Yes. 23 Q. Were you trying to -- can you describe a little 24 bit more for me about how you were trying to move the 25 detainee. Page 96 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 609 of 628 Page ID #:2506 1 A. Right. 2 Q. And so that time Lieutenant Diaz had told you 3 to try to get them up; is that right? 4 A. Yes. 5 Q. And did she give you a further command after 6 7 you backed away at that time? A. No. She was just telling us, 8 best to -- from the situation, 9 assessing it, you know, do our as an officer just she was -- we were all placed in the 10 situation where this is taking -- they're linked up with 11 their arms. 12 get them to their beds for count. 13 Q. They don't want to move, So that's what she was telling you? 14 describing the situation saying, 15 them to their beds"? 16 A. and we've got to Right. Just "Do your best to get She was just saying, you know we -- 17 we were having-- we were leading up to having to use 18 some kind of strategy to gain control of the situation. 19 So she was telling us, 20 their arms apart, 21 before using anything else." She didn't want to use her 22 pepper spray-- or OC spray. So that's why she was 23 telling us to try to grab them first. like, "Let's try just grabbing and then get them back to their beds Did you see if the detainees had linked arms at 24 Q. 25 this time? Page 98 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 610 of 628 Page ID #:2507 1 A. Just more commotion. 2 Q. What do you mean by "commotion"? 3 A. Officers trying to get the detainees off their 4 seats. 5 came in, 6 Sergeant Campos first came in, 7 against the wall. 8 room, 9 right here and handcuff him. And I remember that's when Sergeant Campos first during one of -- one of those times. And when I remember we put someone And when Sergeant Campos entered the he helped us put the detainee against the wall After that, He -- he was -- he was right here, we walked him and that's when 10 out. 11 he applied his pepper spray -- or OC spray. 12 started getting more detainees off the seats and taking 13 them out. 14 Q. Okay. And then we So when Sergeant Campos came in, you had 15 already put someone else against the wall already; 16 that right? 17 18 MS. AGUADO: Objection. Misstates his testimony. 19 Go ahead. 20 THE WITNESS: What do you mean when he "came 21 in"? 22 BY MS. 23 Q. You said Sergeant Campos came in. 24 A. He came in right here. 25 is SWEETSER: So he came in through this front door; and we were already getting a detainee Page 110 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 611 of 628 Page ID #:2508 1 out of the seat; and we were walking him out. 2 Q. 3 going out? 4 A. Yes. 5 Q. And that was the second detainee you'd gotten 6 out; So he, kind of, came in as you were is that right? A. 7 Okay. 8 got out, 9 I I don't remember what detainee that was that I if it was the first, second, third or whatever. just remember we were getting a detainee, 10 a combative detainee that was elbowing. 11 him against the wall, 12 walked him out. 13 14 Q. and that was We came up, put handcuffed him there, and then Do you remember -- so you don't remember if that was the first detainee or the second detainee? 15 A. No, 16 Q. Do you remember where the second detainee you I don't remember. 17 touched was sitting-- I'm sorry-- this third detainee 18 you touched was sitting? 19 A. The only detainee that I remember without 20 watching the video is one here that was elbowing and one 21 here at the corner. 22 23 Q. Okay. So you said the one on the left-hand side was the one that you said was elbowing? 24 A. Uh-huh. 25 Q. And then one at -Page 111 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 612 of 628 Page ID #:2509 1 A. And then one at this corner. 2 Q. -- right-hand bottom corner; 3 A. Yeah. is that right? The one on this bottom right-hand corner 4 was one that I was, 5 He was pepper-sprayed; and he was having a hard time, 6 you know, 7 the pepper spray. 8 9 kind of, struggling with by myself. seeing and gaining control of himself after So I tried to get him up against-- there's a wall right here -- like, a door -- and I tried to get 10 him up against there, 11 floor. 12 didn't want to handcuff him on the floor. 13 putting both of my arms under his armpits and trying to 14 pick him up -- like you see me do it a couple times -- 15 and he kept collapsing, 16 his side with his feet out and his arms out. 17 officer came and helped me. 18 grabbed the other. 19 20 Q. And I but he kept collapsing to the kept trying to pick him up because I So I -- I was collapsing and just laying on So another He grabbed one arm; I We picked him up and walked him out. Was he the one that was carried out, or he was walked out? 21 A. He was walked out. 22 Q. Was he handcuffed before he was walked out or 23 24 25 was he handcuffed in the hallway? A. He was handMS. AGUADO: Calls for speculation. Page 112 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 613 of 628 Page ID #:2510 1 MS. TISHKOFF: 2 MS. AGUADO: 3 Also, it's vague as to "providing treatment." 4 Go ahead. 5 THE WITNESS: 6 treating them. 7 BY MS. 8 Q. 9 Lacks foundation. I don't remember seeing them SWEETSER: Do you know who called for the medical personnel to be there? 10 A. I don't know who called them. 11 Q. Do you remember if any detainee was 12 13 14 15 16 17 18 19 pepper-sprayed while you were restraining them? A. No. They were pepper-sprayed -- whenever the pepper spray was used, Q. they were at the table only. Do you remember if you were holding the arms of any detainee while they were being pepper-sprayed? A. I was not holding the arms of any detainee while they were being pepper-sprayed, Q. no. When you took the detainee you said you thought 20 was having trouble seeing to the rec yard, 21 interact with anyone to talk about him at that time? 22 23 MS. AGUADO: Objection. did you It's vague, misstates testimony. 24 Go ahead. 25 THE WITNESS: I don't remember. We were Page 117 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 614 of 628 Page ID #:2511 1 focused on getting all of them out of this area, 2 them in handcuffs, 3 getting them in showers after that. 4 as we were taking them out, 5 placing them -- sitting them down in the rec yard, 6 making sure they were seated against the wall, 7 going back in. 8 any medical staff, 9 BY MS. 10 Q. 11 and taking them to Medical and "Hey, Q. -- dormitory? 14 19 20 back in there? A. I don't remember. Q. So you don't remember if you pulled up a third detainee at that time or if they were out already? A. I know it was at least two. 22 of them for sure. 25 I don't remember if all of them were out at that time. there was a third one, 24 did What's the next thing you did when you went 21 23 he's been pepper-sprayed." you go back into the -- 13 18 and then So after you placed him in the rec yard, Yes. 17 we were handcuffing them and SWEETSER: A. 16 So we were just But I don't remember telling anybody 12 15 getting Q. I don't know if but I assisted with at least two At some point when you were in the unit, did you see that all the detainees had been taken out? A. Yes. Page 118 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 615 of 628 Page ID #:2512 1 2 3 Q. And what was the next thing that happened after that? A. That's when we were --we were in the rec yard, 4 escorting them into the main corridor, 5 the main hallway; and we were putting some of them in -- 6 in the medical 7 medical tank. 8 Medical Department. 9 were being -- they were just transporting them. 10 which is, like, it's like a medic- -- they call it a So it's like a cell right across from the Like, a big one. didn't go that far with them, And some of them I though. So after they started walking them in the 11 12 corridor to do whatever they were gonna -- take them, 13 didn't go that far. 14 helping clean the unit. 15 eliminate all the pepper spray, because once you spray, 16 you've got to clean the areas so nobody else comes in 17 contact with it. 18 I just stayed behind, and I was So we were mopping, or what happened to the detainees after that, 20 know. 22 23 trying to So as far as where they took the detainees to 19 21 I Q. I stayed behind, and I helped clean the unit. So you said you saw them take the detainees out of the rec yard; A. I don't Yes, is that right? 'cause the rec yard is -- they share a 24 wall with the rec yard, and they started taking -- 25 walking the detainees out of the rec yard into the main Page 119 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 616 of 628 Page ID #:2513 1 up the unit? 2 A. Yes. 3 Q. And at some point the wardens came and looked 4 at the unit as well? 5 A. Right. 6 Q. Do you know -- did you talk to them at that 7 time, the wardens? 8 A. It was mainly Lieutenant Diaz speaking to them. 9 Q. Did you overhear their conversation? 10 A. No. 11 12 13 14 15 I don't remember any of their conversations. Q. When you say "wardens," plural, how many wardens are usually at the facility? A. There's a warden and assistant -- assistant warden and a deputy warden. 16 Q. And did you say there's a chief as well? 17 A. There's a chief. 18 Q. Is the chief below -- just below the wardens? 19 A. Yes. 20 Q. And, 21 then, would Lieutenant Diaz be the next rank down after the chief or are there other 22 A. Captains. 23 Q. Were there any captains that came as well or -- 24 A. I don't remember captains being there or not. 25 Q. And you don't remember anything that Lieutenant Page 123 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 617 of 628 Page ID #:2514 1 no. 2 BY MS. SWEETSER: 3 4 5 Q. Do you remember seeing her spray it at any point during this incident? A. I remember seeing her spray a detainee. 6 very, 7 don't remember which detainee or where she was standing. 8 9 very little spray, It was Do you remember if the detainee was at the top Q. or the bottom table? 10 A. 11 the video, 12 So ... 13 14 I don't remember. and it's hard to see, Vague as to time. MS. AGUADO: It's been asked and answered. THE WITNESS: He was giving commands throughout 18 the time he was there, 19 BY MS. 20 Q. yes. SWEETSER: Did you put that in your report? MS. AGUADO: 21 You can look at the report, if you want. 23 THE WITNESS: 24 No, 25 even in the video. any commands during this incident? 17 22 I tried to pay attention to Do you remember hearing Officer Martinez give Q. 15 16 like a little squirt; but I Let's see. I didn't put it in my report that he used commands. Page 147 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 618 of 628 Page ID #:2515 1 A. I don't remember. 2 Q. And what -- when you said you were trained to 3 use force or maintain order within the facility, 4 were the factors that you were trained to look at 5 when before deploying force? A. 6 what There's many different factors, 7 narrow it down to this factor. 8 control of the 9 count is very crucial. the unit. and We need to know exactly who's where and identify them, 11 that. 12 on? 13 wanted to start a hunger strike. you know, We were trying to gain So it was count time, 10 So, and we want to and they didn't want to do we were asking more "What was going What was going on?" They were saying that they As -- as I was talking and trying to 14 15 communicate with them, 16 hunger strike because our bonds are too high. 17 wanted to speak to an ICE officer. 18 an ICE officer." 19 them, 20 back." 21 didn't 22 needed to get to Medical so that they could be 23 evaluated; they could find out when exactly their last 24 meal was because we didn't know. 25 what we were doing then and go look at that documents of "Okay. they said they wanted to start a So they "I want to speak to And I told them -- we were asking We just need you guys to go back. But at this point, Go it was kind of -- they if they wanted to start a hunger strike, they We would have to stop Page 149 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 619 of 628 Page ID #:2516 1 that chart I told you, 2 meal that they did; see if they ate. 3 didn't have that time to do that. 4 where we checked off every food Obviously, we So we needed to get them to Medical so medical 5 staff can ask them, 6 you've eaten? Are you sick? 7 low?" they didn't want to move with us. 8 that's when we started telling them, 9 back to your bed -- start complying with us -- let's get What "Hey, how long has it been since Is your blood pressure "Hey, So either go 10 count over with. 11 you don't, 12 say, 13 you into Medical because we can't leave you in the unit 14 without eating. 15 16 17 Let's talk about this situation; or if if you want to completely refuse and, as you 'start a hunger strike,' we're gonna have to get Q. You're gonna harm yourself." So ... So did you specifically tell the detainees that you wanted them to go to Medical? A. Yes. I gave them two options: to go back to 18 their beds or come out with us. 19 Medical." 20 wanted to sit there at the table until an ICE officer 21 came. 22 23 24 25 Q. "We'll take you to They didn't want to do either. They just And that was something that you said to them in English? A. Yes. And there were some detainees that spoke English there. Page 150 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 620 of 628 Page ID #:2517 1 about counting detainees at the table at all. 2 BY MS. 3 Q. SWEETSER: So did you feel like it would be out of policy 4 if you and the lieutenant had decided to just count them 5 at the table? 6 MS. AGUADO: 7 THE WITNESS: 8 at the time. 9 BY MS. 10 Q. Objection. Calls for speculation. I don't know what I was feeling SWEETSER: As you look back at it now, would you say that 11 would be against GEO Group policy to count them at the 12 tables? 13 A. 14 15 I don't -MS. AGUADO: Calls for speculation, incomplete hypothetical. 16 THE WITNESS: I don't know if it would be 17 against their policy or not. 18 when we counted, 19 there has been an escape there; 20 it very serious. Q. 21 I just know that every day we took it very, very serious because and that's why we took So your understanding was that the rules 22 mandated that you get the detainees back to their bunk; 23 lS that right? 24 A. Correct. 25 Q. Do you know if this was a major or minor use of Page 164 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 621 of 628 Page ID #:2518 Did you use any come-along holds during this 1 Q. 2 incident? 3 A. Can you define a "come-along hold"? 4 Q. Well, 5 I know it's in your training. define it for me? Is that a term -- 6 A. Want to look at my training 7 Q. -- you use in the facility? 8 THE REPORTER: One at a time, please. 9 MS. Sorry. 10 So can you SWEETSER: BY MS. SWEETSER: 11 Q. Is that a term that you use in the facility? 12 A. No. We would not use that term in the 13 facility. If it was used in my training, 14 March of 2016. 15 was so long ago. Okay. that was in So I wouldn't know the exact term. It Did you push any detainee during the 16 Q. 17 incident? 18 A. No, 19 Q. Did you strike a detainee during this incident? 20 A. No, 21 Q. Did anyone strike you? 22 A. No, nobody striked [sic] me. MS. SWEETSER: 23 I did not push any detainee. I did not strike any detainees. Let's take a quick break, 24 I'll try to get the video cued up. 25 (Recess taken.) and Page 173 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 622 of 628 Page ID #:2519 1 Q. And what is that? 2 A. That's her pepper spray she's holding. 3 Q. Do you remember if she was giving commands to 4 the detainees at this time? 5 MS. AGUADO: 6 If you know. 7 THE WITNESS: 8 BY MS. 9 Q. 10 Calls for speculation. I don't remember, no. SWEETSER: And if I fast-forward a little bit to 6:37:49, do you see yourself in this frame? 11 A. I think that's me, 12 Q. So you pointed to 13 between these two tables. 14 pointing to? but I'm not positive. there's someone walking Is that the person you're 15 A. Yes. 16 Q. And you think that's probably you? 17 A. Probably. 18 19 20 I'm not sure. You would have to play the video for me to find out. Q. I ' l l play a little bit of it. Okay. We're starting at 6:37:49 on the video. 21 A. Yes, 22 Q. And you're stopping there to talk to the 23 that was me. detainees again; 24 A. Yes. 25 Q. And, is that correct? again, you're speaking English to them? Page 183 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 623 of 628 Page ID #:2520 1 A. Yes. 2 Q. And do you remember anything that you were 3 4 saying at this time? 5 Like, 6 this." 7 Q. 8 9 10 Just asking them to come-- "Come with me." A. "Go back to your bed. You just don't want to do Have you seen a version of this video with sound, or is it only silent? A. It's only silent. They don't pick up -- the cameras don't pick up sound. 11 Q. And do you -- where are you now in the video? 12 A. I'm over there helping with the combative 13 14 15 detainee. Q. Is that the detainee you remember seeing elbow Officer Martinez? 16 A. Yes. 17 Q. So I think that is at 6:38:34. 18 just a little bit. 19 20 I'll back it up I don't see any crossover. All right. So we're at 6:37:53, and you're still on the right-hand side; correct? 21 A. Okay. 22 Q. And just identify for me-- I ' l l stop it when 23 24 25 Yes. you think you see the elbowing happening. A. Right there. There's the-- the officer's moving back and forth. Page 184 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 624 of 628 Page ID #:2521 1 Q. So that's at 6:38:05 a.m. on the tape -- 2 A. Uh-huh. 3 Q. -- and that's when you walked over to the other 4 table; is that right? A. 5 Yes. MS. AGUADO: 6 I know he has to leave at 3:30. 7 was just thinking he has to walk to his car. 8 parked at that cafe we all saw each other at. 9 to make sure he has time to get to his car. So we So I want 10 MS. SWEETSER: 11 Let's just look at one more section of the 12 video, 13 BY MS. SWEETSER: 14 15 16 Q. a.m. Okay. and then we'll suspend the deposition for now. Okay. Can you tell me -- this is at 6:43:02 A. I think I'm right here. MS. AGUADO: the video is very dark. 19 faces in this video. 20 BY MS. SWEETSER: 23 24 25 Q. So it's very difficult to see So at 6:43:02 --and you think you're on the right side; A. I'm not positive. Just for purposes of the record, 18 22 Thanks. Are you in this frame of the video? 17 21 I is that right? I -- I'm not sure. I've got to -- you've got to play the video. Q. Okay. I'll play a little bit of it here. Page 185 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 625 of 628 Page ID #:2522 1 A. So I'm right here. 2 Q. You're-- you're the officer farthest away at 3 the bottom? 4 A. Yes. 5 Q. And what are you doing right now? 6 Just observing the detainees or ... 7 A. Yes. 8 Q. At this time are you preparing to take another 9 detainee outside? 10 MS. AGUADO: 11 If you remember. 12 THE WITNESS: Calls for speculation. I don't know. At this point 13 we're trying to get all of them out there. 14 BY MS. 15 Q. And are you touching a detainee here -- 16 A. Yes. 17 Q. -- at 6:43:49? 18 A. Yes. 19 20 21 back, Q. SWEETSER: We're trying to get his hands behind his and he's fighting us. Is this the detainee you remember collapsing to the ground? 22 A. No. 23 Q. And you've taken him out now at 6:44:16; 24 25 is that right? A. Correct. Page 186 Veritext Legal Solutions 866 299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 626 of 628 Page ID #:2523 1 STATE OF CALIFOR NIA ss . 2 COU NTY OF KERN 3 4 I, ANTHONY REYES , do hereby certify: 5 Thal I have read the foregoing 6 7 deposition; That I have made such changes in form and/or 8 substance Lo Lhe within deposition as might be necessary· 9 to re nder the same true and co rrect ; 10 11 12 13 14 15 That having made such chang es thereon , I hereby subscribe my name to the deposition . I declare , under penal t y of perjury , t h at the foregoing 1s true and cor r ect . Executed this j_J__ day of _j.J..L.ru£__ , 2019 , at ~~]L _______ , California . 16 17 18 19 20 21 22 23 24 25 Page 189 Veritext Legal Solutions 866299-5127 Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 627 of 628 Page ID #:2524 Page Line Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Reason: Change: Subj ect to the above changes, I certify that the transcript is true and correct. / No changes have beon made. I certify that the t'anscript is true and correct Case 5:18-cv-01125-SP Document 111-3 Filed 11/12/19 Page 628 of 628 Page ID #:2525 1 STATE OF CALIFORNIA ss. 2 COUNTY OF KERN 3 I, Priscilla Ornelas, a Certified Shorthand 4 Reporter in the State of California, holding Certificate 5 No. 14276, do hereby certify that ANTHONY REYES, 6 witness named in the foregoing deposition, was by me 7 duly sworn; that said deposition was taken Tuesday, 8 April 30, 9 first page hereof. 10 the 2019, at the time and place set forth on the That upon the taking of the deposition, the 11 words of the witness were written down by me in 12 stenotypy and thereafter transcribed by computer under 13 my supervision; that the foregoing is a true and correct 14 transcript of the testimony given by the witness. 15 16 17 Pursuant to Federal Rule 30(e), transcript review was requested. I further certify that I am neither counsel for 18 nor in any way related to any party to said action, 19 in any way interested in the result or outcome thereof. 20 21 Dated this lOth day of May, nor 2019, at Bakersfield, California. 22 23 24 25 Priscilla Ornelas, CSR No. 14276 Page 190 Veritext Legal Solutions 866 299-5127