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Plaintiffs,
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v.
Joseph M. Arpaio, et al.,
Defendants.
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CV-07-2513-PHX-GMS
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Pursuant to the Courts Order of July 8, 2016 (Doc. 1736), the Parties hereby jointly
submit their proposals for a stipulated judgment for the victim compensation scheme to
remedy issues identified in the Courts May 13, 2016 Findings of Fact (Doc. 1677). The
Parties proposals are attached to this notice in three exhibits. The first exhibit is the
proposal of Plaintiffs; the second is the proposal of Defendants Arpaio and Maricopa
County; and the third is a combined version, indicating the areas of continued disagreement.
The Court indicated its inclinations on the remaining disputed issues during the May
31 hearing (Doc. 1707). Plaintiffs proposal adopts the Courts suggestions on those issues
in the spirit of compromise, while Defendants maintain their prior positions. As a result, the
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the parties should identify areas that they wish to reserve their appellate rights with respect to
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the victim compensation scheme. Accordingly, Defendants wish to reserve their appellate
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Defendant Brian Sands wishes to preserve the following appellate rights with respect
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reasonable steps.
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The County reserves its right to appeal regarding the following four issues:
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1. Compensation for violations alleged to have occurred after May 24, 2014;
4. Any County liability for funding compensation plan or other remedies to the
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extent such remedies are imposed as a remedy for willful and/or intentional
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contemptuous conduct.
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In addition, the County notes that its agreement to this proposal is further subject to the
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Finally, Sheriff Arpaio joins in numbers 1-2 and 4-6 of Defendant Sands reservation
of appellate rights and numbers 1-3 of the Countys reservation of appellate rights.
Respectfully submitted this 19th day of July, 2016.
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Daniel Pochoda
Brenda Muoz Furnish
ACLU Foundation of Arizona
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CERTIFICATE OF SERVICE
I hereby certify that on July 19, 2016, I electronically transmitted the attached
document to the Clerks office using the CM/ECF System for filing. Notice of this filing
will be sent by e-mail to all parties by operation of the Courts electronic filing system or by
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Tab 1
II.
B.
Eligibility
A.
B.
C.
7/19/16
III.
Compensation Fund
The Board of Supervisors will create a fund of $500,000 for payment of claims
adjudicated in favor of claimants. In the event that amount is exhausted through the
payment of claims and is insufficient to provide compensation to all successful claimants,
additional claims adjudicated in favor of claimants will be honored and timely paid by the
County through further allocations if necessary. If all claims adjudicated in favor of
claimants are fully paid out and there remains an unspent sum in the originally or any
supplementally allocated funds, such amount would revert to the County.
IV.
7/19/16
Notice Plan
A.
B.
The notice plan may include use of radio, digital/online and print
advertising, earned media placements, and partnership with nongovernmental organizations and embassies. It should target individuals in
at least Maricopa County, along the U.S./Mexico Border and in Mexico.
Notice will be provided in English and Spanish, with a heavy focus on
Spanish-language media and sites.
C.
BrownGreer will consult with the Parties in the development of the notice
plan and the text of any notices, press releases or scripts developed. The
cost for any such services will be paid out of the notice budget provided
for in IV.A. above.
D.
BrownGreer will develop a claim website for the case, a toll-free phone
number and an email account, to provide information about how to make a
claim. The cost for any such services will be paid out of the notice budget
provided for in IV.A. above.
E.
other methods. All costs for such services will be paid out of the notice
budget provided for in IV.A above.
V.
7/19/16
Claims must be initiated within 365 days from the first issuance of
program notice by Brown Greer through any public media outlet (which
will also be the date when Brown Greer will be ready to begin receiving
applications).
B.
C.
All materials must be available in English and Spanish, and any other
languages as needed. Language should be calculated to be understandable
to individuals who will be making claims.
D.
E.
F.
2.
3.
4.
G.
7/19/16
5.
6.
The form will be signed under oath. Claimants will also sign an
acknowledgement and agreement that participation in this
program, extinguishes all other rights they may have to pursue
claims against Defendants based upon the same conduct by MCSO
7.
8.
The form will also state that claimants are responsible for any tax
reporting responsibilities that arise out of receiving compensation
through this mechanism
2.
H.
I.
2.
Track B. All individuals who do not fit into Track A will be placed in
Track B. These individuals must submit additional claim forms and any
supporting documentation necessary to gather the information in Section
V.J below.
1.
J.
2.
7/19/16
7/19/16
4.
5.
6.
7/19/16
7/19/16
VII.
B.
X.
Program Reporting. BrownGreer will create an online reporting portal where the
parties can access claim tracking and processing information, including
processing times, and create downloadable reports. BrownGreer will also be
7/19/16
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7/19/16
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Tab 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
507423
7/12/16
15.
16.
17.
18.
19.
20.
507423
7/12/16
Tab 3
II.
B.
Eligibility
A.
B.
C.
D.
7/19/16
detained persons when they had no basis to do so under state law and
transported them somewhere in a motor vehicle in Maricopa County.
III.
Compensation Fund
The Board of Supervisors will create a fund of $500,000 for payment of claims
adjudicated in favor of claimants. In the event that amount is exhausted through the
payment of claims and is insufficient to provide compensation to all successful claimants,
additional claims adjudicated in favor of claimants will be honored and timely paid by the
County through further allocations if necessary. If all claims adjudicated in favor of
claimants are fully paid out and there remains an unspent sum in the originally or any
supplementally allocated funds, such amount would revert to the County.
7/19/16
IV.
V.
7/19/16
Notice Plan
A.
B.
The notice plan may include use of radio, digital/online and print
advertising, earned media placements, and partnership with nongovernmental organizations and embassies. It should target individuals in
at least Maricopa County, along the U.S./Mexico Border and in Mexico.
Notice will be provided in English and Spanish, with a heavy focus on
Spanish-language media and sites.
C.
BrownGreer will consult with the Parties in the development of the notice
plan and the text of any notices, press releases or scripts developed. The
cost for any such services will be paid out of the notice budget provided
for in IV.A. above.
D.
BrownGreer will develop a claim website for the case, a toll-free phone
number and an email account, to provide information about how to make a
claim. The cost for any such services will be paid out of the notice budget
provided for in IV.A. above.
E.
Claims must be initiated within 365 days from the first issuance of
program notice by Brown Greer through any public media outlet (which
will also be the date when Brown Greer will be ready to begin receiving
applications).
B.
C.
All materials must be available in English and Spanish, and any other
languages as needed. Language should be calculated to be understandable
to individuals who will be making claims.
D.
F.
G.
7/19/16
1.
2.
3.
4.
5.
6.
The form will be signed under oath. Claimants will also sign an
acknowledgement and agreement that participation in this
program, extinguishes all other rights they may have to pursue
claims against Defendants based upon the same conduct by MCSO
7.
8.
The form will also state that claimants are responsible for any tax
reporting responsibilities that arise out of receiving compensation
through this mechanism
H.
I.
1.
2.
2.
Track B. All individuals who do not fit into Track A will be placed in
Track B. These individuals must submit additional claim forms and any
supporting documentation necessary to gather the information in Section
V.J below.
1.
7/19/16
J.
2.
3.
7/19/16
5.
7/19/16
7/19/16
7/19/16
7/19/16
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VI.
VII.
B.
X.
Program Reporting. BrownGreer will create an online reporting portal where the
parties can access claim tracking and processing information, including
processing times, and create downloadable reports. BrownGreer will also be
available to directly provide any reports to the Court, if necessary, at no additional
cost, other than reasonable travel expenditures.
XI.
7/19/16
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Tab 4
II.
B.
Eligibility
A.
B.
C.
D.
III.
Compensation Fund
The Board of Supervisors will create a fund of $500,000 for payment of claims
adjudicated in favor of claimants. In the event that amount is exhausted through the
payment of claims and is insufficient to provide compensation to all successful claimants,
additional claims adjudicated in favor of claimants will be honored and timely paid by the
County through further allocations if necessary. If all claims adjudicated in favor of
claimants are fully paid out and there remains an unspent sum in the originally or any
supplementally allocated funds, such amount would revert to the County.
IV.
V.
Notice Plan
A.
B.
The notice plan may include use of radio, digital/online and print
advertising, earned media placements, and partnership with nongovernmental organizations and embassies. It should target individuals in
at least Maricopa County, along the U.S./Mexico Border and in Mexico.
Notice will be provided in English and Spanish, with a heavy focus on
Spanish-language media and sites.
C.
BrownGreer will consult with the Parties in the development of the notice
plan and the text of any notices, press releases or scripts developed. The
cost for any such services will be paid out of the notice budget provided
for in IV.A. above.
D.
BrownGreer will develop a claim website for the case, a toll-free phone
number and an email account, to provide information about how to make a
claim. The cost for any such services will be paid out of the notice budget
provided for in IV.A. above.
E.
Claims must be initiated within 365 days from the first issuance of
program notice by Brown Greer through any public media outlet (which
will also be the date when Brown Greer will be ready to begin receiving
applications).
B.
C.
All materials must be available in English and Spanish, and any other
languages as needed. Language should be calculated to be understandable
to individuals who will be making claims.
D.
F.
G.
1.
2.
3.
4.
5.
6.
The form will be signed under oath. Claimants will also sign an
acknowledgement and agreement that participation in this
program, extinguishes all other rights they may have to pursue
claims against Defendants based upon the same conduct by MCSO
7.
8.
The form will also state that claimants are responsible for any tax
reporting responsibilities that arise out of receiving compensation
through this mechanism
H.
I.
1.
2.
2.
Track B. All individuals who do not fit into Track A will be placed in
Track B. These individuals must submit additional claim forms and any
supporting documentation necessary to gather the information in Section
V.J below.
1.
J.
2.
3.
5.
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VI.
VII.
B.
X.
Program Reporting. BrownGreer will create an online reporting portal where the
parties can access claim tracking and processing information, including
processing times, and create downloadable reports. BrownGreer will also be
available to directly provide any reports to the Court, if necessary, at no additional
cost, other than reasonable travel expenditures.
XI.
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