CV-14-01975-TUC-JGZ(JR)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Date: September 26, 2016                          No. CV-14-01975-TUC-JGZ (JR)

Plead : Second Amended Complaint

 

Leslie Coker , Scott Shalitis, Ryan McCabe, and Mike Gardner,

Plaintiffs,

v.

Charles Ryan, Santa Cruz,

Defendants,

Jurisdiction of Environmental Laws

________________________________________________________________

Comes before the United States District Court Mr. Leslie Coker, individually  pro se,  Mike Gardner, individually and as pro se,  hereinafter referred to as Plaintiff complaining of the Department of Corrections ( ADC , Director Charles L. Ryan & officer Mr. Santa Cruz, and others . hereafter referred to as Defendants, and for cause of action would herein show the Court and the Jury as Follows :

1.        PARTIES   JURISDICTION  & VENUE

1. Each Plaintiff is, or at times relevant hereto was, a resident of Pima County, Arizona  or prisoner under the care, custody and control of the Arizona Department of Corrections ( ADC ), Coker, & Gardner, currently  reside in the State of Arizona .
2. Defendant Ryan is the director of (ADC), he is charged by law and is responsible with the Administration of (ADC),  and it’s employees, and for the supervision, training, and hiring of persons, agents, employees, and his subordinates to whom he delegated functions or duties performed those duties appropriated . This delegation, however, does not absolve Ryan, of his obligation to ensure the provisions of legal services . Ryan is sued in his personal and individual capacity as a supervisory official for his own culpable action or inaction in the training, supervision, or control of his subordinates or for his acquaintance in the constitutional deprivations which this Second  Amended Complaint Alleges or for conduct that showed a Recklessness, or callous indifferent to the rights of others .
3. Defendant Santa Cruz, is the Correctional Staff official, he is employee of ADC, in charge of supervising inmates, assuring inmates safety, under the functions and duties obligations, of the Department of Corrections to ensure the provisions of the duties are complied with the laws and constitutional deprivations which Second Amendment Complaint Alleges or for conduct that showed a recklessness , or callous indifferent to the rights of others, Santa Cruz is being sued in his personal and individual capacity as a Correctional  Staff Officer, for his own culpable action or inaction in the training supervision, or control of his subordinates or for his acquaintance in the constitutional deprivations of this Second Amendment Complaint Alleges or for conduct that showed recklessness, or callous indifferent to the rights of others .
   

4. The acts complained of and alleged herein occurred in Pima, County, Arizona .
5. Each plaintiff herein has served notice of Claim upon the Department of Corrections, pursuant to A.R.S. 12-821 .
6. Each defendant, names and capacities of the three defendants sued inclusive, herein was employed by and is or was an Agent of ADOC, when some or all allegations occurred prisoners, access to Medical Treatment and Care,  policies and practices were adopted and/or implementation of the ADC’s, Access to Medical Treatment and Care,  Policies, for prisoners, and/or is or was responsible for the hiring, screening, training, retention, supervision, discipline, counseling, and or control of ADC, staff who interpret and implement these prisoners access to Medical Treatment and Care, treatment, policies .
7. Each Defendant is or was acting under color of State Law .
8. Plaintiff will seek to amend  this complaint as soon as all true names and identities of defendants have been ascertained .

II. PREVIOUS LAWSUITS

The Parties, Leslie Coker, Mike Gardner,  filed a Civil Complaint at the District Court of Arizona, against the defendants during 2014, while incarcerated or while the plaintiffs,  were prisoners .

see Parties Leslie Coker, v. Charles Ryan CV-14-01975-TUC-JGZ (JR),   the case is current status is pending second amended complaint .

III.    JURISDICTION

This Court has Jurisdiction & Venue over this action pursuant to 28 U.S.C  1343(a); 42 U.S.C  1883, & the Environmental Laws,  and Title 49-206, This chapter shall not be construed to abridge or alter causes of action or remedies under the Common Law or Statutory Law, Criminal or Civil, nor shall and provision of this chapter be construed as to estop any person, this state or any political subdivision of this state, or owners of land having groundwater or surface, water rights or otherwise, from exercising their rights or under the common law, statutory law, from suppressing nuisances or preventing injury due to discharges . In Addition,  the Title 49-206 Preservation of Rights,  and the Title 49-207 (A)(B)(C), United States Protection Agency,  40 Code of Federal Regulations section 300. 430(e)(2)(i)(A)(2), Carcinogenic health effects,  based on residential exposures .  Furthermore, the Arizona Department of Environmental Quality Safe Drinking Water Requirements A.A.C. R18-4112(B),  A.R.S 49-353(A)(3). A.A.C R18-4-112(A), and Backflow Prevention A.A.C R-184-115, A.R.S 49-353(A)(2), pursuant to the the Safe Drinking Water Act  and Clean Air Act, provisions,  that prohibit improper disposal of hazardous waste or liquids into the storm runoff or any river, or channel,  in the state of Arizona .

CAUSE OF ACTION

9. At all times relevant to this cause the defendants Arizona Department of Corrections  has owned or operated , or caused to be be operated through its agents and/or lessees, the property in the vicinity of and at Wilmot Prison located in Tucson, AZ  . In addition, serves as a rehabilitation facility  or Instate Institutional Facility organized under the laws of the State of Arizona, the defendant has at all times relevant hereto administered the Medical Treatment and Care, system for prisoners, or residents of the Arizona Department of Corrections of the City of Tucson and Pima County .

At all times  relevant the defendant’s to this cause have owned and/or operated  the State Department of Corrections, located in Tucson, also known as Prison Complex Wilmot, while the Plaintiffs served their prison term and were transferred to the Benson, AZ Transfer Station Recycling Yard where the plaintiff’s duties and safety were under the ADC’s, work furlough program while the plaintiffs completed their daily duties at the Benson Transfer Station, the plaintiff were forced to put their health at risk, by being ordered by the ADC’s to follow all Benson Transfer Station Supervisor, orders and duties while operating or working at the Benson Transfer Station, while officer of ADC monitored the Plaintiffs duties and orders to carry out daily 8 hours, and 40 weekly hours  the Defendants, ordered the Plaintiffs under their duties and laws to stand and smash recycling Pharmaceuticals, Freon, or handle, recycling hazardous waste including Freon, disposing it into the soil at the plant which lead to the storm runoff, at close proximity to the San Pedro River, to avoid any extra cost to dispose of Freon, which there should be no Freon, disposal at the site, under ADEQ, Requirements,  and medical waste, such as used Diabetic Needles, including Pharmaceutical waste, which prisoners were ordered to open up the large green disposal bags and separate Narcotics, which included expired medication, and placed into a separate green bags that would ultimately be picked up by Officer Santa Cruz, and Mr. Dan Peyton, for sales, the prisoners were rewarded with Prostitutes, Prisoners were also ordered to Strip Metals, from Air Conditioning, handling and disposing Freon, from Air Conditioners, Strip Copper from wire and be placed aside for Pick up, by Dan Peyten or Mr. Santa Cruz, who in turn sold for money, In Addition, the prisoners were ordered to smashing down piles of recycling medical waste including used diabetic needles, which poked the plaintiffs feet and caused injuries to their Body, and health, including Hep C. since the plaintiffs were not given safety gears or provided with safety gears, by ADC,  despite ADC, medical care treatment plan signed by ADC health care provider or medical staff to protect prisoners health and safety, the defendants acted recklessly,  or callously indifferent for the rights for others putting the prisons at risk of advesre health effects cauising multiple injuries to the prisoners and to others including disposing of Freon into the Stormwater runoff, soil and plant property exposing freon into the air while in gas or liquid stage,  formation,  fumes reached to air quality and prisoners, employees, and customers,  body thru breathing which caused prisoners injuries at Arizona High Dry Heat Levels, Furthermore, caused our Natural Respources damages, Prisoners, under duties and orders of the ADC, who ordered and monitored such disparities but put the prisoners health and safety at the least of cares despite the eaighth amendment right to prisoners , the prisoners ( Plaintiffs ), were also exsposed to high heat temperatures with no cool air while working at the plant wearing long sleeve shirts and Neon Orange Jacket, during 110 degree weather  .