Plaintiffs-Respondents,€¦ · DECLARATION OF JAMAL N. WHITEHEAD IN SUPPORT OF RESPONDENTS' ANSWER...

No. 18-80095

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UGOCHUKWU GOODLUCK NWAUZOR and FERNANDO AGUIRRE URBINA,

individually and on behalf of all those similarly situated,

Plaintiffs-Respondents,

V.,

THE GEO GROUP, INC.,

Defendant-Petitioner.

On Petition for Permission to Appeal from the U.S. District Court for the Western District of Washington, Civil Action No. 3: 17 -cv-05769-RJB,

Judge Robert J. Bryan, Presiding

DECLARATION OF JAMAL N. WHITEHEAD IN SUPPORT OF RESPONDENTS' ANSWER IN OPPOSITION TO PETITION FOR

PERMISSION TO APPEAL CLASS CERTIFICATION

Adam J. Berger, WSBA #20714 Lindsay L. Halm, WSBA #3 7141 Jamal N. Whitehead, WSBA #39818 SCHROETER GOLDMARK & BENDER 810 Third Avenue, Suite 500 Seattle, WA 98104

Devin T. Theriot-Orr, WSBA # 33995 SUNBIRD LAW, PLLC 1001 Fourth Avenue, Suite 3200 Seattle, WA 98154-1003

R. Andrew Free THE LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209

Meena Menter, WSBA # 31870 MENTER IMMIGRATION LAW, PLLC 8201 164th Ave NE, Suite 200 Redmond, WA 98052

Attorneys for Plaintiffs-Respondents

Case: 18-80095, 09/13/2018, ID: 11011018, DktEntry: 5-2, of 92

I, JAMAL N. WHITEHEAD, declare as follows:

1. I am one of the attorneys of record for Plaintiffs-Respondents

Ugochukwu Goodluck Nwauzor and Fernando Aguirre-Urbina in the above

captioned matter. I am over the age of eighteen, competent to testify in this matter,

and do so based on personal knowledge.

2. Attached to my declaration as Exhibit 1 are true and correct copies of

excerpts from ICE's Performance-Based National Detention Standards 2011, as

produced by GEO in this case [previously filed in the underlying litigation under

Dkt. #87-3]. The complete document is available at https://www.ice.gov/doclib/

detention-standards/2011/pbnds201 lr2016.pdf (last visited Jun. 21, 2018).

3. Attached to my declaration as Exhibit 2 is a true and correct copy of

GEO's Second Supplemental Response to Plaintiffs' Request for Admission No. 2

in Menocal v. The GEO Group, Inc., No. 1:14-cv-02887-JLK (D. Colo.), provided

by GEO on July 21, 2017 [previously filed in the underlying litigation under Dkt.

#101-1].

4. Attached to my declaration as Exhibit 3 are true and correct copies of

agency records provided by U.S. Immigration and Customs Enforcement in

response to a Freedom of Information Act request, assigned tracking number ICDE

2013FOIA32547, which were disclosed during litigation in Stevens v. U.S. Dep 't of

1


Homeland Security, No. 1:14-cv-3305 (N.D. Ill., filed May 6, 2014) [previously

filed in the underlying litigation under Dkt. #101-2].


the Detainee Handbook that Defendant GEO provided to detained immigrants at its

LaSalle Detention Facility in Jena, Louisiana in 2014 or 2015 [previously filed in

the underlying litigation under Dkt. #101-3].


GEO's responses to Plaintiffs First Interrogatories and Requests for Production of

Documents in this case [previously filed in the underlying litigation under Dkt.

#87-4].


an excel spreadsheet transmitted by ICE to Mr. Free on June 27, 2016, per the

cover letter attached to this declaration as Exhibit 1 [previously filed in the

underlying litigation under Dkt. #87-5]. The spreadsheet is titled "ICE SPC/CDF

Volunteer Detainee Wage Payments for Contract Years (CYs) 2009-2014."


Fed. R. Civ. P. 26(a)(l) Initial Disclosures, dated December 20, 2017 [previously

filed in the underlying litigation under Dkt. #87-6].

9. Exhibit 6 reveals that GEO received reimbursement for over 127,000

detainee shifts-nearly 350 per day-in the 2013 and 2014 contract years alone.

2


According to GEO's Initial Disclosures, Exhibit 7, ICE's reimbursement to GEO

increased to $157,913.00 in FY 2016, representing an average of 432 detainee

VWP shifts each day.


the Order Denying Motion to Dismiss [ from the underlying litigation under Dkt.

#113], Nwauzor et al. v. GEO Grp., Inc., 3:17-CV-05769-RJB (W.D. Wash.

Aug. 6, 2018).

I declare under penalty of perjury under the laws of the United States that

the foregoing is true and correct and based on my personal knowledge.

DATED at Seattle, Washington this 13th day of September, 2018.

s/ Jamal N. Whitehead Jamal N. Whitehead

3


CERTIFICATE OF SERVICE

I hereby certify that on September 13, 2018, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:

Devin T. Theriot-Orr SUNBIRD LAW, PLLC 1001 Fourth Avenue, Suite 3200 Seattle, WA 98154-1003 Tel: (206) 962-5052 [email protected] w Class Counsel

Joan K. Mell III BRANCHES LAW, PLLC 1019 Regents Boulevard, Suite 204 Fircrest, WA 98466 Tel: (253) 566-2510 joan@3 ebrancheslaw. com Attorneys for Defendant

Andrea D 'Am bra NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, NY 10019 [email protected] m Attorneys for Defendant

Meena Menter MENTER IMMIGRATION LAW PLLC 8201 164th Ave. NE, Suite 200 Redmond, WA 98052 Tel: (206) 419-7332 [email protected] Class Counsel

R. Andrew Free THE LAW OFFICE OF R. ANDREW FREE PO Box 90568 Nashville, TN 37209 Tel: (844) 321-3221 [email protected] Class Counsel

Mark Emery NORTON ROSE FULBRIGHT US LLP 799 9th Street, Suite 1000 Washington, D.C. 20001 [email protected] Attorneys for Defendant

Charles A. Deacon NORTON ROSE FULBRIGHT US LLP 300 Covent St. San Antonio, TX 78205 [email protected] m Attorneys for Defendant

Scott A Schipma GREENBERG TRAURIG LLP 2101 L STNW, STE 1000 Washington, DC 2003 7 [email protected] Attorneys for Defendant

DATED at Seattle, Washington this 13th day of September, 2018.

s/ Sheila Cronan SHEILA CRONAN, Paralegal SCHROETER GOLDMARK & BENDER 810 Third A venue, Suite 500 Seattle, WA 98104 Phone: (206) 622-8000 Email: [email protected]

4


EXHIBIT 1


Case 3:17-cv-05769-RJB Document 87-3 Filed 06/21/18 Page 3 of 22

Preface In keeping with our commitment to transform the immigration detention system, U.S. Immigration and Customs Enforcement (ICE) has revised its detention standards. These new standards, 'known as the Performance-Based National Detention Standards 2011 (PBNDS 2011), are an important step in detention reform.

ICE is charged with removing aliens who lack lawful status in the United States and focuses its resources on removing criminals, recent border entrants, immigration fugitives, and recidivists. Detention is an important and necessary part of immigration enforcement. Because ICE exercises significant authority when it detains people, ICE must do so in the most humane manner possible with a focus on providing sound conditions and care. ICE detains people for no purpose other than to secure their presence both for immigration proceedings and their removal, with a special focus on those who represent a risk to public safety, or for whom detention is mandatory by law.

The PBNDS 2011 reflect ICE's ongoing effort to tailor the conditions of immigration detention to its unique purpose. The PBNDS 2011 are crafted to improve medical and mental health services, increase access to legal services and religious opportunities, improve communication with detainees with no or

limited English proficiency, improve the process for reporting and responding to complaints, and increase recreation and visitation.

The PBNDS 2011 are also drafted to include a range of compliance, from minimal to optimal. As such, these standards can be implemented widely, while also forecasting our new direction and laying the groundwork for future changes.

In closing, I would like to thank the ICE employees and stakeholders who provided significant input and dedicated many hours to revising these standards. I appreciate the collaboration and support in this important mission - reforming the immigration detention system to ensure it comports with our national expectations. The PBNDS 2011 are an important step in a multiyear process and I look forward to continued collaboration within ICE, with state and local governments, nongovernmental organizations, Congress, and all of our stakeholders as we move forward in reforming our detention system.

John Morton Director

Preface PBNDS 2011 GEO-CHEN 000002



Table of Contents 1. SAFETY 1

1.1 Emergency Plans ......••.....•..•.•.•.......•............................ 1 1.2 Environmental Health and Safety 20

1.3 Transportation {by Land) oo•ooo••·····""°··············· .. 38 2. SECURITY ., , ea•oeoo.,.,ooo .,0 .. 110000 .. 00 .. o .. e .. •o•••Sl

2.1 Admission and Release ..•••...•......•.........•................... 51 2.2 Custody Classification System 62 2.3 Contraband ..................•...........................•................ 80 2.4 Facility Security and Control 84 2.5 Funds and Personal Property 94 2.6 Hold Rooms in Detention Facilities .........•.........•..... 104 2. 7 Key and Lock Control 109 2.8 Population Counts 117 2.9 Post Orders 121 2.10 Searches of Detainees •.......................................... 124 2.11 Sexuai Abuse and Assault Prevention and

Intervention .' 134 2.12 Special Management Units 181 2.13 Staff-Detainee Communication 199 2.14 Tool Control 203 2.15 Use of Force and Restraints 211

3. ORDER ••••e•••••••• .. •••••o•e•••oeoo••• .. •••••,.••eo••••••••••••••226

3.1 Disciplinary System °" ••••••••••••••••••••••••••••••••••••••••• 226

4. CARE " 241 4.1 Food Service 241 4.2 Hunger Strikes 268 4.3 Medical Care 272

4.4 Medical Care (Women} 322 4.5 Personal Hygiene 327 4.6 Significant Self-harm and Suicide Prevention and

Intervention 331 4.7 Terminal Illness, Advance Directives and Death 338 4.8 Disability ldentificatlon, Assessment, and

Accommodation ......................•................••.•.......... 344

5. ACTIVITIES oo••••eooooo<t••otteooo .. •• .. • oooo•o .. eoeoaaauo358 5.1 Correspondence and Other Mail... 358 5.2 Trips for Non-Medical Emergencies 365 5.3 Marriage Requests 368 5.4 Recreation 371 5.5 Religious Practices 376 5.6 Telephone Access 386 5. 7 Visitation 393 5.8 Voluntary Work Program 407

6. JUSTICE e e e e .... a e e e e e e e e e e .. oooeooooooaooottoo001>00000 .. o•••••oo•Ro<>412

6.1 Detainee Handbook 412 6.2 Grievance System 416 6.3 law libraries and legal Materials 424 6.4 Legal Rights Group Presentations 438

7. ADMINISTRATION AND MANAGEMENT oooeoaooo445 7.1 Detention Files 445 7.2 interview and Tours 449 7.3 Staff Training 457 7.4 Detainee Transfers 461 7 .5 Definitions 468

Table of Contents ii PBNDS 2011 (Revised December 2016) GEO-CHEN 000003


case 3:17-cv-05769-RJB Document 87-3 Filed 06/21/18 Page 5 of 22

Acronyms and Abbreviations AFOD: Assistant Field Office Director

BIA: DOJ Board of Immigration Appeals

CBP: DHS Customs and Border Protection

CD: Clinical Director

CDC: Center for Disease Control, Department of Health and Human Services

CDF: Contract Detention Facility

CMA: Clinical Medical Authority

COR: Contracting Officer's Representative

CRCL: DHS Civil Rights and Civil Liberties

DOJ: Department of Justice

DRIL: ICE ERO Detention and Reporting Information Line

DSCU: ICE ERO Detention Standards Compliance Unit

EOIR: DOJ Executive Office for Immigration Review

ERO: ICE Enforcement and Removal Operations

FOD: Field Office Director

FSA: Food Service Administrator

GAB: Grievance Appeals Board

GO: Grievance Officer

HSA: Health Services Administrator

IAO: ICE Air Operations

IDP: Institution Disciplinary Panel

IGSA: Intergovernmental Service Agreement

IHSC: ICE Health Services Corps

JIC: DHS Joint Intake Center

LEP: Limited English Proficiency

LOP: Legal Orientation Program

LPR: Legal Permanent Resident

MDR: Multi-Drug Resistant

MOU: Memorandum of Understanding

MSDS: Material Safety Data Sheet

NCCHC: National Commission on Correctional Health Care

NCIC: National Crime Information Center, Federal Bureau of Investigation

NIC: DOJ National Institute of Corrections

OIC: Officer in Charge

OIG: DHS Office of the Inspector General

OPLA: ICE Office of the Principal Legal Advisor

QPR: ICE Office of Professional Responsibility

ORR: Office of Refugee Resettlement, Department of Health and Human Services

OSHA: Occupational Safety and Health Administration, Department of Labor

PENDS: Performance-Based National Detention Standards

PII: Personally Identifiable Information

PREA: Prison Rape Elimination Act

SAFE: Sexual Assault Forensic Examiner

SANE: Sexual Assault Nurse Examiner

SART: Sexual Assault Response Team

SIR: Significant Incident Report

SMI: Serious Mental Illness

SMU: Special Management Unit

SPC: Service Processing Center

SRT: Situation Response Team

SRT: Special Response Team

iii PBNDS 2011 (Revised December 2016) GEO-CHEN 000004


essential to emergency planning declines to participate, the facility administrator shall inform the Field Office Director in writing and make periodic contact to revisit the issue.

2 .. Keeping Plans Current

The Chief of Security or facility administrator designee shall:

a. update the plans as often as necessary and forward them for facility administrator approval. If the facility administrator requests changes, the Chief of 'Security or facility administrator designee shall incorporate necessary changes and resubmit the plans within 30 days. Facility staff shall also be notiiied of changes,·

b. conduct annual contingency plan reviews, with participation of every department head,· and

c. document each annual review and plan approval on the contingency plan Ii.le master copy, even when review results in no changes.

3. Safeguarding Plan Confidentiality

Every plan that is under development or is final must include a statement prohibiting unauthorized disclosure. Staff may not discuss any aspect of a plan within hearing distance of a detainee, visitor or anyone else not permitted access to the plan.

The Chief of Security or facility administrator designee shall determine where copies of plans are to be stored, and in what quantity. A master copy shall be kept outside the secure perimeter, along with an itemized list of plans and where to fi.nd them.

The Chief of 'Security or facility administrator designee shall implement a checkout system that accounts for all plans at all times, with safeguards against detainee access. Release of contingency plan details requires the written approval of the facility administrator.

The Chief of 'Security or facility administrator designee shall send an electronic fl.le containing the

Iscility s contingency plans to the Field Ofllce Director and Assistant Director of the Detention Management Division, Oiiice of Enforcement and Removal. Electronic flies containing the iscility:': contingency plans shall be marked "Couiidentisl. "

4. Organization of the Contingency Plan File

a. General Plans A general section shall contain policy, procedures and plans common to most emergency situations.

b. Contingency-specific Plans

The sections that follow the general section shall contain contingency-specific plans, as detailed below. They may reference the provisions of the general section and will only reference the exceptions and/ or additions applicable to the particular contingency.

D. General Implementation of Contingency Plans

Each facility shall establish written policy and procedures addressing, at a minimum: chain of command, command post/ center, staff recall, staff assembly, emergency response components, use of force, video recording, records and logs, utility shutoff, employee conduct and responsibility, public relations, and facility security.

The respective Field Office Director shall maintain current data on the physical capacities of each facility that can be used to quickly identify the best source(s) of emergency assistance.

1 .. Chain of Command

The facility administrator shall identify the chain of command for directing operations in an emergency.

2. Command Post

a. Equipment for the Command Post The facility shall set up a primary command post outside the secure perimeter that, at a minimum, is equipped as follows: 1) internal/ external phone capabilities;

1D1 I Emergency Plans 4 PBNDS 2011 (Revised December 2016) GEO-CHEN 000008


maintained, tested and supplied as required in "K. Maintaining Audiovisual Recording Equipment and Records" found in standard "2 .15 Use of Force and Restraints."

The detention standard on "2. 15 Use of Force and Restraints," also details requirements and procedures for video-recording use-of-force incidents.

Shift supervisors or facility administrator designees, along with other designated staff, shall be trained to use video equipment and receive additional training on such technical issues as how to identify tapes or DVDs and photographs by date and location.

8 .. Records and Logs

The facility administrator shall designate the command post staff member who shall keep a date and-time chronological logbook record of events during the emergency, including all command related decisions and discussions, phone calls and radio transmissions.

Radio transmissions shall be documented by a voice activated or conventional tape recorder whenever possible.

Command post staff shall also maintain a reading tile to update staff coming on duty.

9~ News Media/Public Relations

The public information officer is responsible for coordinating briefings with news and television media. All media releases shall be coordinated through the Field Office public affairs liaison.

10. Facility Security

The facility administrator shall provide written procedures for:

a. detainee recall and lockdown;

b. counts (in accordance with the standard "2.8 Population Counts");

c. intensified security;

d. security key access (including issuance and

accountability, drop chute, etc.); and

e. evidence seizure and preservation.

11. Health Services Responsibilities

The plan shall specify procedures for providing immediate and follow-up medical care to detainees and staff under every emergency scenario outlined in "E. Contingency-specific Plans."

12. Food Service Responsibilities

The plan shall specify procedures for updating the Food Service Administrator (FSA) on such issues as the number of people who shall be on duty and require meals.

The FSA shall make contingency plans for providing meals to detainees and staff during an emergency, including access to community resources, which the FSA shall negotiate during the planning phase.

13- Maintenance Department Responsibilities

The plan shall provide for emergency utility control, including plot plans identifying locations of water and gas shut-off valves and electrical circuit breakers. It is suggested that the utility shut-offs be photographed and included in the plans for quick identification during an emergency.

14. Employee Conduct and Responsibility

The plan shall address professional conduct and responsibility, including what to do if taken hostage, with instructions and guidelines._

15. Facility Access Routes

The plan shall specify alternate means of reaching the facility for emergency staff if the main approach becomes dangerous or inaccessible ( e.g., during a civil disturbance, adverse weather conditions, fire, etc.).

16. Nearby Residents

The plan shall specify how and when staff shall notify nearby residents of the situation, including sharing information such as type of emergency,

191 I Emergency Plans 7 PBNDS 2011 (Revised December 2016) GEO-CHEN 000011


actions being ta.ken, evacuation routes (if applicable) and special precautions.

17 .. Communications Equipment/Radio

The plan shall specify whether the remote battery charging units shall be maintained in the control center or outside the secure perimeter. A determination as to the type of radios being used in the facility shall dictate whether the battery charging units shall be maintained outside the secure perimeter. If the radios can be taken off-line and rendered useless, the battery charging units may be maintained inside the secure perimeter. If not, they shall remain outside the secure perimeter.

18. Post-emergency Procedures

The post-emergency part of the plan shall include the following action items:

a. segregating the detainees involved in the incident;

b. treating and documenting employee and detainee injuries;

c. seizing, documenting and preserving evidence;

d. assigning accountability ( especially for sensitive equipment and staff);

e. assessing damage and necessary repair; collecting written reports;

f. coordinating legal actions/prosecutions;

g. debriefing involved staff, and following-up for additional analysis and/ or implicated changes in policy or procedures; and

h. conducting general review and critique of emergency operations and management, with a follow-up agenda including, but not limited to:

1) monitoring the facility climate, and

2) revising the contingency plan.

E. Contingency-specific Plans The facility shall compile individual contingency specific plans, as needed, and approved by the Field

Office Director in the following order:

1. fire;

2. work/food strike;

3. disturbance;

4. escape emergency;

5. hostages (internal);

6. search (internal);

7. bomb threat;

8. adverse weather;

9. civil disturbance;

1 0. environmental hazard;

11. detainee transportation system;

12. evacuation;

13. ICE-wide lockdown;

14. staff work stoppage; and

15. if needed, other site-specific plans.

1. Fire

The safety /maintenance supervisor shall develop a comprehensive Iire control plan, in accordance with the ''Fire Prevention and Control" section of standard "J.2 Environmental Health and Safety."

The Chief of Security or facility administrator designee shall develop a procedural outline for shift supervisors or facility administrator designees to follow in the event that a tire occurs during non duty hours.

2. Work/Food Strike

The facility administrator shall determine the course of action to pursue, based on:

1. whether strikers have announced when the strike shall end,·

2. occurrence of or potential for violence,·

3. the number of detainees involved; and

1D1 I Emergency Plans 8 PBNDS 2011 (Revised December 2016) GEO-CHEN 000012


4. prospects for neutralizing the problem.

3. Disturbance (Internal)

After determining the course of action to pursue, the facility administrator shall direct staff to implement the action plan, which shall cover at a minimum:

1. controlling utilities;

2. securing available emergency entrances (e.g., food service, housing areas, etc.),·

3. notifying and assembling trained emergency responders/ other staff and equipment;

4. dispensing chemical agents in specific areas;

S. maintaining perimeter security (including crowd, traffic and media control);

6. shutting down detainee telephone systems;

7. notifying outside agencies; and

8. removing controlled substances from the pharmacy area.

4. Escape

a. Implement Local Procedures The facility administrator shall deploy staff to primary and secondary escape posts, or to directional escape posts, designating a timekeeper/recorder for each:

1} Primary Fixed and mobile posts near the facility;

2) Secondary Fixed and mobile posts beyond the immediate facility area;

3} Directional Posts No fJ.xed location and based on situational intelligence that indicates a direction for the search.

b. Notiiicstion to Authorities The facility administrator shall:

Immediately notify local, state and federal law enforcement officials and ensure that the

respective Field Offl.ce is immediately notified Ordinarily, in a CDF, notiiicuion shall be through the lacilitys ICE/ERO Contracting Oillcer's Representative (COR) and, in an !GSA facility, through the ICE/ERO representative.

Within one hour of discovery, the escape shall be reported to the nearest U.S. Marshals Service office if the escapee was:

1) convicted ofa criminal violation, and/or

2) paroled for deportation prior to the completion of his or her sentence.

Additional requirements for ICE/ERO are detailed in the 7/14/2006 memorandum from the ICE/ERO Director cited above under References. Briefly, those requirements include reporting the escape through the Significant Incident Reporting (SIR) system, and forwarding an escape report to the ERO Detention Management Division for tracking in the National Escape Tracking System (NETS) database. The Field Oiiice Director is also required to conduct an investigation, determine whether proper procedures were observed and provide a report to the Detention Management Division.

c. Escape-post Equipment Escape-post equipment kits shall be stored in the command center and include, at a minimum:

1) a Ilashliglu;

2) restraints (handrnffs and/or flex-culls) and tools necessary for removal,·

3) a packet containing post location, map(s), fact sheet highlighting arrest authority, search procedures, apprehension techniques, etc.;

4) a radio; and

S} binoculars (as applicable).

d. Escape by Aircraft 1) Staff' should observe and record aircraft

description, including details such as colors,

1.1 I Emergency Plans 9 PBNDS 2011 (Revised December 2016) GEO-CHEN 000013


9. Civil Disturbance

a. Scenarios The plan shall address various civil disturbance scenarios including, at a minimum, the following: a single event (small/large); several coordinated events at one or more locations, at once or at staggered multiple times; type of event and individuals involved; and involvement of other law enforcement agencies.

For each of the several scenarios, the plan shall specify procedures for multiple deployments involving the same and/or diiiercnt kinds of equipment and teams, e.g. in the event of simultaneous demonstrations.

b. Basic Procedures The plan shall specify procedures for standard activities, including hilt not limited to the following:

1) denying access to facility property (e.g., via barricades, roadblocks);

2) using crowd control equipment with the general public;

3) notifying/involving other law enforcement agencies,·

4) establishing detention areas;

S) marking unmarked property lines; and

6) providing medical care.

10. Environmental Hazard

a. Safe Harbors The facility administrator shall identify and equip one or more ''safe bsrbor" area(s) in the facility.

1) Designated areas shall have the capacity to house a large number of detainees safely and securely for two or three hours, providing amenities such as a gym, auditorium, food service area, etc.

2) Every designated safe harbor shall maintain supplies of, at a minimum, potable water, duct

tape, plastic and other items intended for use during an environmental hazard.

Every department (e.g., food service, medical, maintenance, recreation, administration, etc.) shall have written procedures and at least three days' provisions for use in temporary quarters, with the objective to minimize disruption to daily routine.

b. Procedures for an Environmental Hazard

1) The facility administrator shall designate an of/leer to supervise a detainee crew, which shall seal o/Tspecilled a.rea(s) in a timely manner.

a) Staff and detainees shall receive necessary training as part of the facility's emergency preparedness training program.

b) The plan shall specify how often and where specialized training shall occur.

c) The plan shall specify the number of employees and detainees to receive the training.

2) The safety/maintenance supervisor shall, if necessary, shut down ventilation units (e.g., cooling/heating systems, fans, etc.).

3) The shift supervisor or facility administrator designee shall direct the detainees p orderly transfer to safe harbor areas.

4} To ensure accountability, staff shall transport detainee identiilcuion cards to safe harbor areas.

S) Detainees may take no personal property, with the exception of prescribed medicine, into safe harbor areas.

6} When the danger has passed, the shift supervisor or facility administrator designee shall direct the detainees to return to their housing areas, after which staff shall conduct a population count.

101 I Emergency Plans 15 PBNDS 2011 (Revised December 2016) GEO-CHEN 000019


1) be constructed according to the applicable code and securely locked at all times;

2) be clear of open passageways, stairways and other emergency exit areas;

3) be conspicuously labeled: "Flammable-Keep Fire Away"; and

4) contain not more than 60 gallons of Class I or Class II liquids, or more than 120 gallons of Class III liquids.

e. Storage rooms and cabinets may be entered only under secure conditions and under the supervision of authorized staff.

f. Any portable container that is not the original shipping container must be designated as an approved safety canister, and must be listed or labeled by a nationally recognized testing laboratory. Each container shall bear a legible label that identifies its contents.

g. Excess liquids shall remain in original containers, tightly closed, in the storage room or cabinet.

h. The MSDS shall govern use of particular flammable or combustible liquids.

i. Only authorized staff may dispense flammable and combustible liquids, using acceptable methods for drawing from or transferring these liquids.

j. Drawing from or transferring any of these liquids into containers indoors is prohibited except:

1) through a closed piping system;

2) from a safety can;

3) by a device drawing through the top; or

4) by gravity, through an approved self-closing system.

An approved grounding and bonding system must be used when liquids are dispensed from drums.

k. Without exception, cleaning liquids must have a

1.2 I Environmental Health and Safety 24

flash point at or above 100° F ( e.g., Stoddard solvents, kerosene). Cleaning operations must be in an approved parts-cleaner or dip tank, fitted with a fusible link lid with a 160 degree F melting-temperature link.

1. Staff shall follow MSDS directions:

1) when disposing of excess flammable or combustible liquids; or

2) after a chemical spill.

8. Toxic and Caustic Substances

a. All toxic and caustic materials must be stored in secure areas, in their original containers, with the manufacturer's label intact on each container.

b. Only authorized staff shall draw/ dispense these substances, in accordance with the applicable MSDS.

c. Staff shall either return unused amounts to the original container(s) or, under certain circumstances, to another suitable, clearly labeled container within the storage area.

d. MSDS directions shall determine the disposal and spill procedures for toxic and caustic materials used in the facility.

9. Poisonous Substances

Poisonous substances or chemicals ( e.g., methyl alcohol, sulfuric acid, muriatic acid, caustic soda or tannic acid, etc.) pose a very high (Class I) caustic hazard due to their toxicity.

Methyl alcohol, variously referred to as wood alcohol and methanol, is commonly found in industrial applications (e.g., shellac thinner, paint solvent, duplicating fluid, solvents for leather cements and dyes, flushing fluid for hydraulic brake systems).

a. If ingested, methyl alcohol can cause permanent blindness or death.

b. Staff must directly supervise the use of any product containing methyl alcohol. Products that

PBNDS 2011 (Revised December 2016) GEO-CHEN 000028


see standard "2.3 Contraband,').

2) Any article posing a threat to the facility's security shall be held at the gate or removed from facility grounds. The driver of a delivery vehicle may be accompanied by one or more co worker( s), but not by unauthorized passengers.

3) The facility employee responsible for vehicle oversight shall, as escort:

a) walk behind the vehicle;

b) directly supervise loading and unloading;

c) retain the ignition keys, never leaving them in the vehicle; and

d) close windows, lock doors and trunks, secure toolboxes, ladders, etc., before leaving the vehicle unattended

4) Before approaching the exit gate, the driver shall stop at a spot designated The gate operator shall not allow the vehicle to depart until he/she is satisfied that neither the driver nor the escorting offlcer is under duress. With that established, oiiicers shall again search the vehicle. If a thorough search is impossible to conduct, the vehicle shall be unloaded or held pending completion of the next oiliciel count. If the vehicle or vehicular equipment must remain inside the compound overnight, staff shall render it inoperable.

5) If the post ollJ.cer has doubts about a person's identity, he/she shall not permit the person to exit, pending positive identification.

6) Staff shall handle any legal or special mail delivered to the facility for detainees in accordance with standard "5 .1 Correspondence and Other Mail"

D. General Population Housing Units

1D Post Orders and Housing Records

For each housing unit, the facility administrator shall establish written post orders with step-by-step

2n4 I Facility Security and Control

procedures, in accordance with standard "2.9 Post Orders." Those post orders shall require that housing officers maintain a housing unit log for recording information regarding routine unit operations, as well as unusual and emergency incidents.

Housing unit post orders shall follow the event schedule format, for example, "OS 1 S-Lights on" and shall direct the assigned staff member to maintain a unit log of pertinent information regarding detainee activity.

The shift supervisor shall visit each housing area and initial the log on each shift at least once per tour.

28 Supervision and Communication

Security officer posts shall be located in or immediately adjacent to detainee housing units to permit officers to see or hear and respond to emergency situations. Personal contact and interaction between housing staff and detainees shall be expected and required.

As prescribed by standard "2.9 Post Orders," staff shall observe, supervise and control movement of detainees from one area to another. No detainee may ever be given authority over, or be permitted to exert control over, any other detainee.

The facility administrator, designated assistant facility administrator, supervisors and others designated by the facility administrator shall be required to visit all housing units weekly at minimum to observe living conditions and interact informally with detainees. Such visitors shall record their visits by initialing the housing unit log.

E. Special Management Unit (SMU)

Because Special Management Units are inherently among the most secure areas of any detention facility, special security and control measures are required for these units.

1. Control of Contraband and Tools

Every facility administrator shall establish a written policy and procedures to secure the SMU from

86 PBNDS 2011 (Revised December 2016) GEO-CHEN 000090



5.8 Voluntary Work Program

I. Purpose and Scope This detention standard provides detainees opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of the safety, security and good order of the facility.

While not legally required to do so, ICE/ ERO affords working detainees basic Occupational Safety and Health Administration (OSHA) protections.

This detention standard applies to the following types of facilities housing ICE/ERO detainees:

• Service Processing Centers (SPCs);

• Contract Detention Facilities ( CDFs); and

• State or local government facilities used by ERO through Intergovernmental Service Agreements (IGSAs) to hold detainees for more than 72 hours.

Procedures in italics are speciiically required for SPCs, CDFs, and Dedicated !GSA facilities. Non dedicated IGSA facilities must conform to these procedures or adopt, adapt or establish alternatives, provided they meet or exceed the intent represented by these procedures.

Various terms used in this standard may be defmed in standard "7. 5 Definitions."

IL Expected Outcomes The expected outcomes of this detention standard are as follows (specific requirements are defmed in "V. Expected Practices") .

1. Detainees may have opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of the safety, security and

5.8 I Voluntary Work Program

good order of the facility.

2. Detainees shall be able to volunteer for work assignments but otherwise shall not be required to work, except to do personal housekeeping.

3. Essential operations and services shall be enhanced through detainee productivity.

4. The negative impact of confinement shall be reduced through decreased idleness, improved morale and fewer disciplinary incidents.

5, Detainee working conditions shall comply with all applicable federal, state and local work safety laws and regulations.

6. There shall be no discrimination regarding voluntary work program access based on any detainee' s race, religion, national origin, gender, sexual orientation or disability.

7. The facility shall provide communication assistance to detainees with disabilities and detainees who are limited in their English proficiency (LEP). The facility will provide detainees with disabilities with effective communication, which may include the provision of auxiliary aids, such as readers, materials in Braille, audio recordings, telephone handset amplifiers, telephones compatible with hearing aids, telecommunications devices for deaf persons (TTYs), interpreters, and note-takers, as needed. The facility will also provide detainees who are LEP with language assistance, including bilingual staff or professional interpretation and translation services, to provide them with meaningful access to its programs and activities.

All written materials provided to detainees shall generally be translated into Spanish. Where practicable, provisions for written translation shall be made for other significant segments of the population with limited English proficiency.

Oral interpretation or assistance shall be provided to any detainee who speaks another language in which written material has not been translated or

405 PBNDS 2011 (RU!s~la~~er 2016)



who is illiterate.

Ill. Standards Affected This detention standard replaces "Voluntary Work Program" dated 12/2/2008.

This detention standard incorporates the requirements regarding detainees' assigned to work outside of a facility's secure perimeter originally communicated via a memorandum to all Field Office Directors from the Acting Director of U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) (11/2/2004). '- /

IV. References American Correctional Association, Performance based Stan.dards for Adult Local Detention Facilities, 4th Edition: 4-ALDF-SC-06, SC-08, SC- 11 (M), 6B-02.

ICE/ERO Periormence-besed National Detention Standards 2011:

• H 1. 2 Environmental Health and Safety"; and

• "4.1 Food Service."

V. Expected Practices A. Voluntary Work Program

Detainees shall be provided the opportunity to participate in a voluntary work program. The detainee' s classification level shall determine the type of work assignment for which he/ she is eligible. Generally, high custody detainees shall not be given work opportunities outside their housing units/living areas. Non-dedicated IGSAs will have discretion on whether or not they will allow detainees to participate in the voluntary work program.

8. Work Outside the Secure Perimeter

ICE detainees may not work outside the secure


perimeter of non-dedicated IGSA facilities.

In SPCs, CDFs, and dedicated IGSAs, low custody detainees may work outside the secure perimeter on facility grounds. They must be directly supervised at a ratio ofno less than one staff member to four detainees. The detainees shall be within sight and sound of that staff member at all times.

Ce Personal Housekeeping Required

Work assignments are voluntary; however, all detainees are responsible for personal housekeeping.

Detainees are required to maintain their immediate living areas in a neat and orderly manner by:

1. making their bunk beds daily,'

2. stacking loose papers,·

3. keeping the floor free of debris and dividers free of clutter/ and

4. refraining from hanging/draping clothing, pictures, keepsakes, or other objects from beds} overhead lighting iixtures or other furniture.

D, Detainee Selection The facility administrator shall develop site-specific rules for selecting work detail volunteers. These site specific rules shall be recorded in a facility procedure that shall include a voluntary work program agreement. The voluntary work program agreement shall document the facility' s program and shall be in compliance with this detention standard.

The primary factors in hiring a detainee as a worker shall be his/her clessiticetion level and the specific requirements of the job.

1. Staff shall present the detainee 's name to the shift supervisor or the requesting department heed.

2. The shift supervisor or department head shell review the detainee 's clsssitication and other relevant documents in the detainee 's detention tile.

3. The shift supervisor or department head shall

406 PBNDS 2011 <fiwllilaF%k~er 2016J



assess the detainee s language skills because these skills affect the detainee 's ability to perform the specific requirements of the Job under supervision. To the extent possible, work opportunities shall be provided to detainees who are able to communicate with supervising staff effectively and in a manner that does not compromise safety and security.

4. Inquiries to staff about the detainee 's attitude and behavior may be used as a factor in the supervisor's selection.

Staff shall explain the rules and regulations as well as privileges relating to the detainee worker's status. The detainee shall be required to sign a voluntary work program agreement before commencing each new assignment. Completed agreements shell be flied in the detainee 's detention tile.

E. Special Details

Detainees may volunteer for temporary work details that occasionally arise. The work, which generally lasts from several hours to several days, may involve labor-intensive work.

Fa Discrimination in Hiring Prohibited

Detainees shall not be denied voluntary work opportunities on the basis of such factors as a detainee' s race, religion, national origin, gender, sexual orientation or disability.

GD Detainees with Disabilities

The facility shall allow, where possible, detainees with disabilities to participate in the voluntary work program in appropriate work assignments. Consistent with the procedures outlined in Standard 4.8 "Disability Identification, Assessment, and Accommodation," the facility shall provide reasonable accommodations and modifications to its policies, practices, and/ or procedures to ensure that detainees with disabilities have an equal opportunity to access, participate in, and benefit from the voluntary work programs.


H. Hours of Work

Detainees who participate in the volunteer work program are required to work according to a schedule.

The normal scheduled workday for a detainee employed full time is a maximum of 8 hours. Detainees shall not be permitted to work in excess of 8 hours daily, 40 hours weekly.

Unexcused absences from work or unsatisfactory work performance may result in removal from the voluntary work program.

L Number of Details in One Day

The facility administrator may restrict the number of work details permitted a detainee during one day.

In SPCs, CDFs, and dedicated IGSAs a detainee may participate in only one work detail per day.

J. Establishing Detainee Classification Level

If the facility cannot establish the classification level in which the detainee belongs, the detainee shall be ineligible for the voluntary work program.

K Compensation

Detainees shall receive monetary compensation for work completed in accordance with the facility' s standard policy.

The compensation is at least$ 1.00 (USD) per day. The facility shall have an established system that ensures detainees receive the pay owed them before being transferred or released.

L Removal of Detainee from Work Detail

A detainee may be removed from a work detail for such causes as:

1. unsatisfactory performance;

2. disruptive behavior, threats to security, etc.;

3. physical inability to perform the essential

407 PBNDS 2011 (R~s~~~~er 2016)



elements of the job due to a medical condition or lack of strength;

4. prevention of injuries to the detainee; and/ or

5. a removal sanction imposed by the Institution Disciplinary Panel for an infraction of a facility rule, regulation or policy.

When a detainee is removed from a work detail, the facility administrator shall place written documentation of the circumstances and reasons in the detainee detention file.

Detainees may file a grievance to the local Field Office Director or facility administrator if they believe they were unfairly removed from work, in accordance with standard "6. 2 Grievance System."

M. Detainee Responsibility

The facility administrator shall establish procedures for informing detainee volunteers about on-the-job responsibilities and reporting procedures.

The detainee is expected to be ready to report for work at the required time and may not leave an assignment without permission.

1 . The detainee shall perform all assigned tasks diligently and conscientiously.

2. The detainee may not evade attendance and performance standards in assigned activities nor encourage others to do so.

3. The detainee shall exercise care in performing assigned work, using safety equipment and taking other precautions in accordance with the work supervisor's instructions.

4. In the event of a work-related injury, the detainee shall notify the work supervisor, who shall immediately implement injury-response procedures.

N., Detainee Training and Safety

All detention facilities shall comply with all applicable health and safety regulations and


standards.

The facility administrator shall ensure that all department heads, in collaboration with the facility's safety/ training officer, develop and institute appropriate training for all detainee workers.

1 . The voluntary work program shall operate in compliance with the following codes and regulations:

a. Occupational Safety and Health Administration (OSHA) regulations;

b. National Fire Protection Association 1 0 1 Life Safety Code; and

c. International Council Codes (ICC),

Each facility administrator's designee is responsible for providing access to complete and current versions of the documents listed above.

The facility administrator shall ensure that the facility operates in compliance with all applicable standards.

2. Upon a derainees assignment to a job or detail, the supervisor shall provide thorough instructions regarding safe work methods and, if relevant, hazardous materials, including:

a. safety features and practices demonstrated by the supervisor; and

b. recognition of hazards in the workplace, including the purpose for protective devices and clothing provided, reporting deficiencies to their supervisors ( staff and detainees who do not read nor understand English shall not be authorized to work with hazardous materials).

A detainee shall not undertake any assignment before signing a voluntary work program agreement that, among other things, confirms that the detainee has received and understood training from the supervisor about the work assignment.

408 PBNDS 2011 (R€fii~'a%6~er 2016)



The voluntary work program agreement, which each detainee is required to sign prior to commencing each new assignment, shall be placed in the detainee' s detention file.

3. For a food service assignment, medical staff, in conjunction with the U.S. Public Health Service, shall ensure that detainees are medically screened and certified before undertaking the assignment.

4. The facility shall provide detainees with safety equipment that meets OSHA and other standards associated with the task performed.

S. The facility administrator shall ensure that the facility operates in compliance with all applicable standards.

0. Detainee Injury and Reporting Procedures

The facility administrator shall implement


procedures for immediately and appropriately responding to on-the-job injuries, including immediate notification of ICE/ERO.

If a detainee is injured while performing his/her work assignment:

1 . The work supervisor shall immediately notify facility medical staff. In the event the accident occurs in a facility that does not provide 24-hour medical care, the supervisor shall contact the on call medical officer for instructions.

2. First aid shall be administered as necessary.

3. Medical staff shall determine what treatment is necessary and where that treatment shall take place.

4. The work supervisor shall complete a detainee accident report and submit it to the facility administrator for review and processing and file it in the detainee' s detention file and A-file.

409 PBNDS 2011 (RU!s~fa~~er 2016)



.5 n Alien File

The legal file maintained by DHS for each detainee. Contents include but are not limited to the detainee' s identification documents (passport, driver's license; other identification cards, etc.), photographs, immigration history, prior criminal record if any, and all documents and transactions relating to the detainee's immigration case.

ACA

American Correctional Association.

Administrative Heaith

The administrative authority is responsible for all access to care, personnel, equipment and fiscal resources to support the delivery of health care services.

Administrative Segregation

A non-punitive form of separation from the general population used for administrative reasons. Administrative segregation is available only to ensure the safety of detainees or others, the protection of property, or the security or good order of the facility, as determined by a facility administrator or supervisor. Administrative segregation may be available, among other reasons, for detainees awaiting investigations or hearings for violations of facility rules, detainees scheduled for release, removal, or transfer within 24 hours, and, under more limited circumstances, detainees who require protective custody or separation from the general population for medical reasons.

Admission.' Admissions Process

In-processing of newly arrived detainees, which includes an orientation to the policies, programs, rules and procedures of the facility. Classification, assignment of living quarters, various inspections, medical screening and safeguarding of funds,

valuables and other personal property is completed during this process.

Ambulatory Restraints

"Soft" or "hard" equipment used to restrict a detainee's movement but leaving him or her able to eat, rlrink nr attend to basic bodily functions without staff intervention.

Ammunition Control Officer (ACO)

An individual who has been designated in writing as the officer responsible for the physical and administrative control of ammunition in the authorizing official's area of accountability.

Aids and Services

Services or devices that allow for effective communication by affording individuals with impaired vision, hearing, speaking, sensory, and manual skills an equal opportunity to participate in, and enjoy the benefits of, programs and activities. Such aids or services include interpreters, written materials, note-takers, video remote interpreting services, or other effective methods of making aurally delivered materials available to detainees with hearing impairments; readers, taped texts, materials rw displays in Braille, C:.:Prnnn;::iry auditory programs. or other effective methods of making visually delivered materials available to detainees with visual impairments; acquisition or modification of equipment or devices; and other similar services and actions.

Body-cavity Search

The visual inspection or physical probing of body openings (anus, vagina, ears, nose, mouth, etc) where weapons, drugs, or other contraband could be secreted. This is the most intrusive means of searching an individual, reserved for instances where other search techniques have been considered but rejected as ineffective under the particular circumstances of the case. Body-cavity search procedures govern physical probes, but not visual inspections.

7.5 I Definitions 464 PBNDS 2011 (Rffls~'aEbk't~ifer 2016)


case 3:17-cv-05769-RJB Document 87-3 Filed 06/21/18 Page 12 of 22

For example, the procedures would not be appropriate for a visual inspection of the inside of the mouth, nose, or ears, unless contraband is found during the course of that inspection. Body-cavity procedures apply whenever contraband is found, because retrieving/ seizing the item will involve physical entry into or probing within the cavity (in this example, the mouth, nose, or ear).

Caustic

Capable of burning, corroding, eroding or destroying by chemical action.

Census Check.

See Informal Count.

Chain of Command

Order of authority (rank); executive, senior management, senior staff, etc. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. The on-site order of authority at a detention facility descends from the facility administrator to assistant or associate facility administrators to department heads to shift supervisors and other supervisors. Similarly, the ICE/ERO chain-of-command at a detention facility descends from the officer-in-charge (OIC) to the associate OIC to the chief detention enforcement officer/ Chief of Security, detention operations supervisor, etc.

Chemical

A substance with a distinct molecular composition produced by or used in a chemical process.

Chief of Security

A generic term for the department head in charge of a detention facility's security employees and operations. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a Chief of Security ( chief detention enforcement agent, captain, etc.) is organizationally directly under an assistant or associate facility administrator.

Chronic disease

An illness or condition that affects an individual's well being for an extended interval, usually at least six months, and generally is not curable but can be managed to provide optimum functioning within any limitations the condition imposes on the individual.

Chronic disease prograrn ( care

Incorporates a treatment plan and regular clinic visits. The clinician monitors the patient's progress during clinic visits and, when necessary changes the treatment. The program also includes patient education for symptom management.

Class R

Devices to which detainees are forbidden access except in the presence and constant supervision of staff for reasons of safety or security, Class R includes devices that can be used to manufacture or serve as weapons capable of doing serious bodily harm or structural damage to the facility. All portable power tools and accessories are in this category. Class R also includes ladders and other such items that are not inherently dangerous but could prove useful in unauthorized activities, such as escape attempts.

Classification

A process used to make housing and program assignments by assessing detainees on the basis of objective information about past behavior, criminal records, special needs, etc.

Clinical Director ( CD)

A designated individual licensed to practice medicine and provide health services with final responsibility for decisions related to medical judgments. A CD and CMA are equivalent positions.

Clinical Medical

Tools

(CMA)

7.5 I Definitions 465 PBNDS 2011 (ff&Gis~'d~'t~19er 2016)


Case 3:17-cv-05769-RJB Document 87-3 Filed 06/21/18' Page 13 of 22

The medical authority is responsible for the delivery of all health care services to the detainee population. These services include, but are not limited to, medical, nursing, dental, mental health and nutritional services. A CD and CMA are equivalent positions.

Combustible Liquid

A substance with a flash point at or above 1 O O 0

Fahrenheit.

An area or system where detainees may purchase approved items.

Contact Visit

A meeting between detainee and another person authorized to take place in an area free of obstacles or barriers that prevent physical contact.

Container

Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or other vessel holding a hazardous chemical; does not include pipes or piping systems.

Contraband

Any unauthorized item in the facility: illegal, prohibited by facility rules, or otherwise posing a threat to the security or orderly operation of the facility. This includes unauthorized funds.

Contract Detention Facility ( CDF)

A facility that provides detention services under a competitively bid contract awarded by the ICE.

Contractor

A person who or entity that provides services on a recurring basis pursuant to a contractual agreement with the agency or facility.

Control Office

An officer who directs security activities from the Control Center.

Count Slip

Documentation of the number of detainees confirmed present during a population count in a specific area, signed by the officers involved in the count.

Letters, postcards and other forms of written material not classified as packages or publications. Large envelopes containing papers qualify as correspondence, but boxes, sacks and other shipping cartons do not. Books, magazines, newspapers and other incoming printed matter are not "correspondence,"

Criminal Ali en

A foreign national convicted of one or more crimes.

Dedicated IGSA

An IGSA facility that solely houses ICE detainees. Also see "IGSA FACILITY" and "INTERGOVERNMENTAL SERVICE AGREEMENT."

Detainee Handbook

The policies and procedures governing detainee life in the facility: daily operations, rules of conduct, sanctions for rule violations, recreation and other programs, services, etc.; defined in writing and provided to each detainee upon admission to the facility.

Detention File

Contents include receipts for funds, valuables and other personal property; documentation of disciplinary action; reports on detainee behavior; detainee's written requests, complaints and other communications; official responses to detainee communications; records from Special Management Unit, etc.

Dietician

A professional trained in foods and the management of diets (dietetics) who is credentialed by the Commission on Dietetic Registration of the

7.5 I Definitions 466 PBNDS 2011 (1~\~f!s~~'%k~'i9er 2016)



American Dietetic Association, or who has the documented equivalent in education, training, or experience, with evidence of relevant continuing education.

Disability

An individual with a disability is an individual who has a physical or mental impairment that substantially limits one or more major life activities, or an individual who has a history or record of such an impairment. "Major life activities" are basic activities that a detainee without a disability in the general population can perform with little or no difficulty, including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity can also include the operation of major bodily functions, like the immune, endocrine, and neurological systems; normal cell growth; digestion, respiration, and circulation; and the operations of the bowel, bladder, and brain.

A punitive form of separation from the general population used for disciplinary reasons. Disciplinary segregation is available only after a finding by a disciplinary hearing panel that the detainee is guilty of a serious prohibited act or rule violation.

""< ]] Ce ...

A cell or room without running water where a detainee can be closely observed by staff until the detainee has voided or passed contraband or until sufficient time has elapsed to preclude the possibility that the detainee is concealing contraband. Dry cells may be used when there is reasonable suspicion that a detainee has ingested contraband or concealed contraband in a body cavity.

Measures immediately necessary to maintain security or to protect the health and safety of staff and detainees.

Circumstances

Disciplinary -~ -~~-~---~ ··---- ...

Non-judicial administrative procedure to determine whether substantial evidence supports finding a detainee guilty of a rule violation.

Disciplinary Committee

One or more impartial staff members who conduct and/ or oversee a disciplinary hearing. A lower-level committee (Unit Disciplinary Committee) investigates a formal Incident Report and may impose minor sanctions or refer the matter to a higher-level disciplinary committee. A higher-level committee (Institution Disciplinary Panel) conducts formal hearings on Incident Reports referred from the lower level committee and may impose higher level sanctions for higher level prohibited acts. Also see Institution Disciplinary Panel.

Any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the security or institutional order of a facility or a threat to the safety or security of any person.

Subjected or potentially subjected to a hazardous substance by any means (inhalation, ingestion, skin contact, absorption, etc.)

Count

A process that verifies identity of each detainee by comparing every person present with the photographic likeness on his/her housing card.

Facility Administrator

A generic term for the chief executive officer of a detention facility. The formal title may vary

7b5 I Definitions 467 PBNDS 201.1 <R~li/a~Vt~1ler 2016)



(warden, Officer In Charge, sheriff, jail administrator, etc.).

Field Office Directory (R)D)

Individual with chief responsibility for facilities in his assigned geographic area.

Firearms Control Officer (FCO)

Individual designated responsible for the physical and administrative control of all firearms under the jurisdiction of the authorizing official.

Hazard

Has a flash point below 2 0 0 degrees Fahrenheit, closed cup, or is subject to spontaneous heating.

Flammable Liquid

A substance with a flash point below 100 degrees Fahrenheit (37.8 Centigrade).

Flash Point

The minimum temperature at which the vapor of a combustible liquid can form an ignitable mixture with air.

Food Service Administrator (.PS.A)

The official responsible for planning, controlling, directing and evaluating Food Service Department operations.

Formal Count

When the detainee population is assembled at specific times for attendance check, conducted in accordance with written procedures.

Restraint

A restraint system that confines an individual to a bed or bunk in either a supine or prone position. Ordered by the facility administrator when a detainee's unacceptable behavior appears likely to continue risking injury to self or others.

Funds

Cash, checks, money orders and other negotiable instruments.

Gender nonconforming

Having an appearance or manner that does not conform to traditional societal gender expectations.

General Correspondence.

All correspondence other than "special correspondence. H

General

Detainees whose housing and activities are not specially restricted. The term is ordinarily used to differentiate detainees in the H general population" from those in Special Housing Units.

Grievance

A complaint based on a circumstance or incident perceived as unjust .

Hard Contraband

Any item that poses a serious threat to the life, safety or security of the facility detainees or staff.

Health Assessment

The process whereby an individual's health status is evaluated. This process will address the patient's physical, dental and mental health appropriate to the patient's condition and will include, as determined by the health care provider, questioning the patient about symptoms, a physical examination appropriate to the complaint and, as appropriate, review of screening information, collection of additional information relating to mental, dental and medical health issues, immunization histories, laboratory and diagnostic tests, other examinations, review of results, initiation of therapy and development of a treatment plan.

Health Authority

7a5 I Definitions 468 PBNDS 2011 (Rms~'a~B~er 2016)



The health services administrator (HSA), clinical director (CD), or agency responsible for the provision of health care services at a facility or system of facilities. The responsible physician may be the health authority. Health authority may also be referred to as the medical department.

Health Care Practitioner

Defined as an individual who is licensed, certified, or credentialed by a state, territory or other appropriate body to provide health care services within the scope and skills of the respective health care profession.

Health Hazard

Includes carcinogens, toxic agents, reproductive toxins, irritants, corrosives, sanitizers, hepatotoxins, nephrotoxins, neurotoxins and other agents that act on the hemopoietic system or damage the lungs, skin, eyes, or mucous membranes.

Health

A system for preliminary screening of the physical and mental condition of individual detainees upon arrival at the facility; conducted by health care personnel or by a specially health trained officer. The combination of structured inquiry and observation is designed to obtain immediate treatment for new arrivals who are in need of emergency health care, identify and meet ongoing current health needs, and isolate those with communicable diseases.

}Told Room

A secure area used for temporary confinement of detainees before in-processing, institutional appointments ( court, medical), release, transfer to another facility, or deportation-related transportation.

Hunger Strike

A voluntary fast undertaken as a means of protest or manipulation. Whether or not a detainee actually declares that he or she is on a hunger strike, staff are required to refer any detainee who is observed to not

have eaten for 72 hours for medical evaluation and monitoring.

IGSA Facility (IGSA)

A state or local government facility used by ERO through an Intergovernmental Service Agreement. Also see "INTERGOVERNMENTAL SERVICE AGREEMENT."

Illegal Contraband

Any item prohibited by law, the possession of which constitutes grounds for felony or misdemeanor charges.

Without funds, or with only nominal funds. Ordinarily, a detainee is considered "indigent" if he or she has less than $15.00 in his or her account.

Informal

An oral complaint or concern received from a detainee. Informal grievances may be handled at the lowest level in the organization possible to effectively resolve the complaint with no written response.

Info rrnal Count

Population count conducted according to no fixed schedule, when detainees are working, engaged in other programs, or involved in recreational activities. Unless a detainee is missing, these counts are not reported; also called "census check" or "irregular count."

Informal Resolution

Brings closure to a complaint or issue of concern to a detainee, satisfactory to the detainee and staff member involved; does not require filing of a written grievance.

Informed Consent

An agreement by a patient to a treatment, examination, or procedure after the patient receives

7.5 I Definitions 469 PBNDS 2011 (foiwls~1ct~~1fer 2016)



the material facts about the nature, consequences, and risks of the proposed treatment, examination or procedure; the alternatives to it; and the prognosis if the proposed action is not undertaken.

In-processing

Administrative processing of a detainee arriving at a detention facility (See "Admissions").

Institution Disciplinary Panel (IDP)

Review board responsible for conducting disciplinary hearings and imposing sanctions for cases of detainee misconduct referred for disposition following the hearing. The IDP usually comprises a hearing officer and representatives of different departments in the facility.

Intergovernmental Service

A cooperative agreement between ICE and any state, territory or political subdivision for the construction, renovation or acquisition of equipment, supplies or materials required to establish acceptable conditions of confinement and detention services. ICE may enter into an IGSA with any such unit of government guaranteeing to provide bed space for ICE detainees, and to provide the clothing, medical care, food and

ICE/ERO detention standards; facilities providing such services are ref erred to as "IGSA facilities."

Inrersex

Having sexual or reproductive anatomy or chromosomal pattern that does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development.

Investigating Officer

An individual of supervisory or higher rank who conducts an investigation of alleged misconduct and was not involved in the incident; usually a supervisory detention enforcement officer or shift supervisor.

Irregular Count

See Informal Count.

juvenile

Any person under the age of 18.

Least Intrusi ve

In the context of a search, terminology used to refer to alternative means of finding contraband, such as questions, metal detectors, pat down searches and boss chairs, prior to conducting a strip search.

Assistant

An individual ( other than an interpreter) who, working under the direction and supervision of an attorney or other legal representative, assists with group presentations and in representing individual detainees. Legal assistants may interview detainees, assist detainees in completing forms and deliver papers to detainees without the supervisory attorney being present.

See "special correspondence."

File

See A-File.

An attorney or other person representing another in a matter of law, including law students, law graduates not yet admitted to the bar; "reputable individuals"; accredited representatives; accredited officials and attorneys outside the United States ( see 8 CFR § 292.1, "Representation and Appearances").

Leisure-time Activities

Activities which are designed to provide detainees with recreational opportunities both inside and outside the living area, e.g., soccer, basketball, chess, checkers, television.

,., '-"-~:, .. , .... , .. , .. , .. , .. , .. ,.;:: Procedure (Li.fe Su ppo:rt)

A medical intervention or procedure that uses artificial means to sustain a vital function.

7 e5 I Definitions 470 PBNDS 2011 (RW1iila%tlt~er 2016)



Limited Proficiency (LEP)

A person who does not speak English as his or her primary language and who has a limited ability to read, speak, write, or understand English. LEP individuals may be competent in English for certain types of communication ( e.g. speaking or understanding), but still be LEP for other purposes ( e.g. reading or writing).

Mail ., ...... , ... , ... ~ ._, __ .... ,. , .. ,.l.J..

Examination of incoming and outgoing letters, packages, etc., for contraband, including cash, checks and money orders.

Master Count

Total number of detainees housed at a facility.

Material Safety Data Sheet (MSDS)

Basic information about a hazardous chemical, prepared and issued by the manufacturer, in accordance with Occupational Safety and Health Administration regulations ( see 2 9 CFR 1 9 1 0. 1 2 0 0; see also OSHA Form 1 7 4); among other things, specifies precautions for normal use, handling, storage, disposal and spill cleanup.

Medical Classification

A system by which a detainee's medical and mental health conditions and needs are assessed to allow for appropriate placement in a facility with the resources necessary to provide appropriate level of care to meet those needs.

Medical Plan

The discharge plan includes: admission diagnosis; discharge diagnosis; brief medical history including the chief complaint and any essential physical fmdings discovered; all diagnostic test ( e.g., x-rays, lab results, ECG's, etc) results; list of any medications prescribed; a brief summary of care provided, the detainee' s response to treatment, medical complications encountered, any outside health care referrals that may have interrupted the infirmary

period or that be pending; and continuity of care plan.

Medical Personnel

Includes all qualified health care professionals as well as administrative and support staff ( e.g. health record administrators, laboratory technicians, nursing and medical assistants, clerical workers).

Mental Health Provider

Psychiatrist, clinical or counseling psychologist, physician, psychiatric nurse, clinical social worker or any other mental health professional who by virtue of their education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients ..

A person (neither a legal representative nor a legal assistant) whose purpose is to deliver or convey documents, forms, etc., to and from the detainee; not afforded the visitation privileges oflegal representatives and legal assistants.

Minor

A juvenile; a person under the age of 18.

Mogul

Key and knob operated deadlocking latch/ deadbolt for use in detention institutions as well as commercial, government and industrial buildings for utmost physical security. The large-scale design accommodates an oversized latch and deadbolt plus mogul key cylinder. These institutional grade construction features and tamper resistant fittings afford exceptional structural strength to impede forced and surreptitious entry.

National Commission on Correctional Health Care

Establishes the standards for health service in correctional facilities on which accreditation is based.

7.5 I Definitions 471 PBNDS 2011 (iiU/i~t1Ebkft~er 2016)



National Fire Protection Association

Principal source of fire protection standards and codes.

NCCHC

National Commission on Correctional Health care.

Non-Contact Visit

Visitation with a barrier preventing physical contact between the detainee and his or her visitors.

Non-dedicated IGSA Facility

An IGSA facility that houses ICE detainees as well as other inmate populations in a shared use facility. Also see "IGSA FACILITY" and "INTERGOVERNMENTAL SERVICE AGREEMENT."

Authorized detainee visit to a critically ill member of his/her immediate family, or to attend the funeral of a member of his/her immediate family. "Immediate family" member refers to a parent (including stepparent and foster parent), child, spouse, sister, or brother of the detainee.

Non- rneri t Factor

mental or physical ability to perform a given assignment.

A key which if duplicated by unauthorized persons and/ or lost, would not constitute an emergency requiring urgent action; not critical to facility safety and security.

Out Count

Detainees temporarily away from the facility, but accounted for by the facility and included in the master count.

Keys designed to open a paracentric lock. It is distinguishable by the contorted shape of its blade, which protrudes past the center vertical line of the key barrel. Instead of the wards on the outer face of the lock simply protruding into the shape of the key along the spine, the wards protrude into the shape of the key along the entire width of the key, including along the length of the teeth.

Pat-down Search

A sliding or patting of the hands over the clothed body of a detainee by staff to determine whether the individual possesses contraband.

Examination

A thorough evaluation of an individual's physical condition and medical history conducted by or under the supervision of a licensed medical professional acting within the scope of his or her practice.

Plan of Action

Describes steps the facility will take to convert a condition that has caused a determination of noncompliance with a standard.

Post Orders

Written orders that specify the duties of each position, hour-by-hour, and the procedures the post officer will follow in carrying out those duties.

Restraints

Control the detainee in the least restrictive manner required, until and unless the detainee' s behavior warrants stronger and more secure means of inhibiting movement.

Protective Custody (.PC)

Administrative segregation for the detainee' s own safety.

Qualified health care professionals

Paracentric Keys

7a5 I Definitions 472 PBNDS 2011 (ffUis~tJ~~r 2016)



Include physicians, physicians assistants, nurses, nurse practitioners, dentists, mental health professionals and others who by virtue of their education, credentials and experience are permitted by law and within their scope of practice to evaluate and care for patients.

Reasonable Accommodations

Any change or adjustment in detention facility operations, any modification to detention facility policy, practice, or procedure, or any provision of an aid or service that permits a detainee with a disability to participate in the facility's programs, services, activities, or requirements, or to enjoy the benefits and privileges of detention programs equal to those enjoyed by detainees without disabilities. Examples of "reasonable accommodations" include, but are not limited to, proper medication and medical treatment; accessible housing, toilet, and shower facilities; devices like bed transfer, accessible beds or shower chairs, hearing aids, or canes; and assistance with toileting and hygiene. In these standards, reasonable accommodations, disability-related modifications, and auxiliary aids and services are collectively referred to as "accommodations" or "reasonable accommodations."

Reasonable Suspicion

Not intuition, but specific, articulable facts that would cause a reasonable law enforcement officer to suspect that a particular person is concealing a weapon, contraband, or evidence of a crime.

Practices

Worship, observances, services, meetings, ceremonies, etc., associated with a particular faith; access to religious publications, religious symbolic items, religious counseling and religious study classes; and adherence to dietary rules and restrictions.

Sally Pon

An enclosure situated in the perimeter wall or fence surrounding the facility, containing double gates or

doors, of which one cannot open until the other has closed, to prevent a breach in the perimeter security; handles pedestrian and/ or vehicular traffic.

Sanitation

The creation and maintenance of hygienic conditions; in the context of food, involves handling, preparing, and storing items in a clean environment, eliminating sources of contamination.

Satellite

Food served and consumed in a location other than where prepared.

A key which if duplicated by unauthorized persons and/ or lost, would jeopardize life, safety, property or security, or would facilitate escape.

Confinement in an individual cell isolated from the general population; for administrative, disciplinary, or protective reasons.

Center (SPC)

A detention facility the primary operator and controlling party of which is ICE.

Sh:ift

A generic term for the detention security supervisor in charge of operations during a shift. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a shift supervisor ( detention operations supervisor, lieutenant, etc.) is, organizationally, directly under the Chief of Security ( chief detention enforcement agent, captain, etc.).

Sofr Contraband

Any unauthorized item that does not constitute hard contraband, i.e., does not pose a serious threat to human safety or facility security; includes that

7.5 I Definitions 473 PBNDS 2011 (RUis~~~i~er 2016)



quantity of an item possessed in an amount exceeding the established limit.

Special Correspondence or Mail

Detainees' written communications to or from any of the following:

a. private attorneys and other legal representatives;

b. government attorneys;

c. judges and courts;

d. embassies and consulates;

e. the president and vice president of the United States;

i. members of Congress;

g. the Department ofJustice (including the DOJ Office of the Inspector General);

h. the Department of Homeland Security (including U.S. Immigration and Customs Enforcement, ICE Health Services Corps, the Office of Enforcement and Removal Operations, the DHS Office for Civil Rights and Civil Liberties, and the DHS Office of the Inspector General);

i. outside health care professionals;

j. administrators of grievance systems; and

k. representatives of the news media.

Special Unit (SMU)

A housing unit for detainees in administrative or disciplinary segregation.

Special Needs Detainee

A detainee whose mental and/ or physical condition requires different accommodations or arrangements than a detainee who does not have special needs would receive. Special needs detainees include, but are not limited to, those detainees who are chronically ill or infirm, those with disabilities, and those who are addicted to or in withdrawal from drug or alcohol.

Special Vulnerabilities

Detainees with special vulnerabilities include those who are elderly, pregnant, or nursing; those with serious physical or mental illness, or other disability; those who would be susceptible to harm in general population due in part to their sexual orientation or gender identity; and those who have been victims of sexual assault, torture, trafficking, or abuse.

Strip Search

A search that requires a person to remove or arrange some or all clothing so as to permit a visual inspection of the person's breasts, buttocks, or genitalia.

IU Detainee

A detainee whose physical condition has deteriorated to the point where the prognosis is less than a year to live.

The Joint Commission [formerly the Joint Commission on Accreditation of Health care Organizations (]CAHO)]

An independent, not-for-profit organization that evaluates and accredits more than 15,000 health care organizations and programs in the United States. TJC is the Nation's predominant standards-setting and accrediting body in health care.

Toxic

Poisonous; capable of causing injury or death.

Trained

A person who has been trained in investigative techniques to include interview techniques for victims and proper procedures for collecting and storing evidence.

Training

An organized, planned and ·evaluated activity designed to achieve specific learning objectives and

7a5 I Definitions 474 PBNDS 2011 <fiwilila~rmMf&er 2016J



enhance personnel performance. Training may occur on site, at an academy or training center, an institution of higher learning, professional meetings, or through contract service or closely supervised on the-job training. Training programs usually include requirements for completion, attendance records and certification of completion. Meetings of professional associations are considered training where there is clear evidence of the direct bearing on job performance. In all cases, the activity must be part of an overall training program.

Coordinator

A person responsible for ensuring all training requirements are met and documented. This person will often develop and conduct training.

A person whose gender identity (i.e., internal sense of feeling male or female) is different from the person's assigned sex at birth.

Unencumbered

Open, usable space measuring at least seven feet in at least one dimension, free of plumbing fixtures, desk, locker, bed and other furniture and fixtures ( measured in operational position).

Unauthorized Funds

Negotiable instruments (checks, money orders, etc.) or cash in a detainee' s possession exceeding the facility-established limit.

Unauthorized Property

Not inherently illegal, but against the facility's written rules.

Unit Committee

See Disciplinary Committee.

Volunteer

An individual who donates time and effort on a recurring basis to enhance the activities and programs of the agency or facility.

Volunteer Group

Individuals who collectively donate time and effort to enhance the activities and programs offered to detainees; selected on basis of personal qualities and skills (recreation, counseling, education, religion, etc.).

vVo:rk

Carpentry, plumbing, food service and other operational activities included in the facility's Voluntary Work Program, for which a detainee may volunteer.

7.5 I Definitions 475 PBNDS 2011 (fiAAl~~EbVt~er 2016)


EXHIBIT 2



IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 14-CV-02887-JLK

ALEJANDRO MENOCAL, MARCOS BRAMBILA, GRISEL XAHUENTITLA, HUGO HERNANDEZ, LOURDES ARGUETA, JESUS GAYTAN, OLGA ALEXAKLINA, DAGOBERTO VIZGUERRA, and DEMETRIO V ALERGA, on their own behalf and on behalf of all others similarly situated,

Plaintiffs,

V.


Defendant.

DEFENDANT THE GEO GROUP, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' WRITTEN DISCOVERY

Defendant, The GEO Group, Inc. ("GEO"), through its undersigned attorneys, hereby

provides its Second Supplemental Responses to Plaintiffs' Written Discovery. These responses

are made pursuant to the Court's Orders dated June 6, 2016 (ECF Nos. 84 and 85), striking

GEO's previous discovery responses and staying discovery with respect to class action issues. In

providing information responsive to Plaintiffs' written discovery, GEO does not intend to waive

any applicable privilege or work product protection.

Page 1 of 16



Response: These documents are typically maintained in a detainee's file. GEO

previously provided redacted detainee files for the named Plaintiffs, Bates numbered GEO_ MEN

160-1394. GEO is producing unredacted copies of the detainee files.

16. Please provide any and all documents which purport to be signed by any

Plaintiff.

Response: These documents are typically maintained in a detainee's file. GEO

previously provided redacted detainee files for the named Plaintiffs, Bates numbered GEO _MEN

160-1394. GEO is producing unredacted copies of the detainee files.

REQUESTS FOR ADMISSION

1. Admit that at least one detainee in the Aurora Detention Center faced

disciplinary or other corrective action for refusing to participate in work pursuant to the

Housing Unit Sanitation Policy.

Response: GEO denies with respect to the named Plaintiffs. Any further response to this

request for admission relates only to class action issues that are currently stayed.

2. Admit that immigration detainees in other detention facilities owned and or

operated by GEO are paid more than $1 per day for their participation in the VWP.

Response: There are some ICE detainees at some GEO facilities in some jobs that are

paid more than $1 per day. There are also some detainees at a GEO facility that are permitted to

work more than one job, are paid $1 per day for each job and, therefore, could earn more than $1

per day for their participation in the VWP. However, at facilities that receive reimbursement

from ICE for the VWP, detainees are only reimbursed $1 per day.

Page 11 of 16



of the Housing Unit Sanitation Policy; and

3. Any area that was the subject of detainee work as a result of the VWP.

Response: The requested date has passed, but GEO will work with Plaintiffs' attorneys to

find a time for some of Plaintiffs' attorneys to inspect the Aurora facility.

Respectfully submitted this 21st day of July, 201 7.

As to objections, requests for production, requests for admission, and request for inspection:

S/ Dana L. Eismeier Dana L. Eismeier, Esq. Michael Y. Ley, Esq. BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers' Green Circle, Suite 1000 Greenwood Village, CO 80111 Phone: 303-796-2626 Fax: 303- 796-2777 Emails: [email protected]

[email protected]

S/ Charles A. Deacon Charles A. Deacon, Esq. NORTON ROSE FULBRIGHT US LLP 300 Convent Street, Suite 2100 San Antonio, TX 79205-3792 (210) 270- 7133 [email protected]

Mark Emery, Esq. NORTON ROSE FULBRIGHT US LLP 799 9th Street, NW, Suite 1000 Washington, DC 20001-4501 (202) 662-0210 [email protected]

Attorneys for Defendant The GEO Group, Inc.

Page 14 of 16


EXHIBIT 3


Case 3:17-cvF?o~T~£s~{~92 Do~~grz1113t 10a;~: 8/fdl~3-Pli¥!~ Page 2 of 8 ...................... ..... ~ • ...,... • • ...,.; .. .11..,J>.....,r

.- -v-- ...

Gee August 10. 2009 Invoice # J 13090703 Client # 26906

OHS ICE Burlington Finance Center P.O. Box 1620 Williston. VT 0549.5-1620 Attn: ICE DXO FOO San Antonio Invoice

~ GEO Group. Inc,

South teKU DeteMtlon Complex 566 Veteran, Drive

Pea rsal I{ Te,:ais 78061

~~N11:u 83qB~~)(c) FAX.' 830 334 9192

www.thegeogroupinc .. com

Contract# ACD-4-C...OOO 1 HSCEDM-09-F..00001

Detahlee Work: July 1 t l009 - July 31, 200CJ

Item Code

CLIN 4021

AJnopnjpµe $6,722.00

froud AmodotDue

(b)(6), {b)(7)(c)

(b)(6), {b)(7)(clCOTR

3-/t?-oz' Date

Date

Payment Terms: Ne{b)(4i Tax ID: 65-0043078

Send Payment to: South Texaa Detention Complex 566 Veterans Drive Attn: Detainee Trost Fund Account Pearsall, Texas 78061

ICE 2013FOIA32547 .005599



September 4, 2009 Invoice s 213090803 Client # 26906

oHSI\CEIBf C SEP '~ '2.009

DHS ICE Burlington Finance Center P.O. Box l62Q, ... Williston, YT 05495-1620 Attn: ICE DRO FOD San Antonio Invoice

Th~ GEO Group, Inc.

SQuth Te.1eas Oetentio n Complex 566 Vete:ran!i Ori"~

Pearsall, Texas 78061

MAH-J m: 830(~)(c) FAX: 830 .334 9192

www;theg~grouµin-c.ccm

Contract # ACD--4-C-OOO 1 HSCEDM ..-09-F-00001

Detainee Work~ August 1, 1009 -August 31, 2009

Item Code AmonntDue

CUN 4021 $6,488.00

[otal A.mount Due

{b)(6), (b}(7)(c) 9- ¥-CJf Date

~)(6); {b)(7)(cft:OTR Date

Payment Te~: Ne@ Tax ID: 65-0043078

Send Payment to: South Texas Detention Complex 566 Veterans Drive Attn: Detainee Trust Fund Account Pearsall, Texas 78061

ICE 2013FOIA32547.005602



SOUTH TEXAS DETENTION COMPLEX AUGUST DETAINEE PAY REPORT Dates Worked: 08/01/09 to 08/31/09

ICE B1LLABLE COST:

GEO BILLABLE COST:

TOTAL:

$6,488.00

$7,619.00

$14,107.00

ICE 2013FOIA3254 7 .005603



SOUTH TEXAS DETENTION COMPLEX JUNE DETAINEE PAY REPORT ))ates Worked: 06/01/09 to 06/30/09

ICE BILLABLE COST:

GEO BILLABLE COST:

TOTAL:

$6,121.00

$7,258.00

$13,379.00

ICE 2013FOIA32547.005595


Case 3:17-cv-05769-RJB Document 101-2 Filed 07/16/18 Page 6 of 8 uto ::iUU"I H TEXAS Ut: I t:NTlUN COMPLEX

DETAlNEE PAY FOR JUNE WORK DATES: 6/1/09-6/30/09

I Detainee Name Date Worked Entry Dab; I Qa~.::a;n+ 11. ICE Pay GEO Pay Total 6111/2009 06/12/2009 $1.00 $0.00 $1.00 6/18/2009 06/19/2009 $1.00 $2,00 $3.00 6/19/2009 06/20/2009 $1.00 $2.00 $3.00 6/20/2009 06/21/2009 $1.00 $2.00 $3.00 6/22/2009 06/:23/2009 $1,00 $2.00 $3.00 06/24/2009 06/2512009 $1.00 $2.00 $3.00 6/25/2009 06/26/2009 $1.00 $2.00 $3.00 06/26/2009 06l2.7!2009 $1,00 $2.00 $3.00 6/28/2009 06/29/2009 $1.00 $2.00 $3.00 6/29/2009 06/30/2000 $1.00 $2.00 $3.00 6/30/2009 07/01/2009 $1.00 $2.00 $3.00

61912009 06!10f2009 $1.00 $2.0D $3,00

6/10/2009 06/11{2009 $1.00 $2.00 $3.00 6/11/2009 06/12/2009 $1.00 $2.00 $3.00 00/12/2009 00/13/2009 $1.00 $2.00 $3.00 06/1312009 06/14/2009 $1.00 $:2.00 $3.00 6/15/2009 06/16/2009 $1.00 $2.00 $3.00 6123/2009 00/24/2009 $1.00 $2.00 SS.00 06/26/2000 Ofj/27/2009 $1.00 $2.00 $3.00

s 6/23/2009 06/24/2009 s $1.00 SO.OD $1.00

$ 6/24/2009 00/24/2009 $ $1.00 $0.00 $1.00

g 6/2512009 08/26/2009 s $1.00 $0.00 $1.00

3 00/2712009 00/26/2009 ,:::, $1.00 $0.00 $1.00 :§: 6/29/2009 06/29/2009 0 $1.00 $0.00 $1.00

6/5/2009 06/08/2009 $1.00 $0.00 S1.00 S/6/2009 06/07/2009 $1.00 $0.00 $1.00 6[7(2009 06[0.a/2009 $1.00 $0.00 $1.00

l 6/812009 06/09!2009 $1.00 $0.00 $1.00 6/412009 06/05/2009 $1.00 $2.00 $3.00 6!8f2009 06/0912009 $1.00 $2.00 $3.00 6/9/2009 06/10/2009 $1.00 $2.00 $3.00

1 6/10/2009 06/11(2009 $1.00 $2.00 $3.00 06/12/2009 06/13/2009 $1.00 $2.00 $3.00 06/16(2009 06/17{2009 $1.00 $2.00 $3.00 6/17/2009 06/18/2009 $1.00 $2.00 $3.00 6/23/2009 00/24/2009 $1.00 $2.00 $3.00 06/2412009 08/25!2009 $1.00 $2.00 $3.00

6/25/2009 00/26/2009 $1.00 $2.00 $3.00 06/26/2009 00/27/2009 $1.00 $2.00 $3.00 6129/2009 06/30(2009 $1.00 $2.00 $3.00 6/17/2009 06-/18/2009 $1.00 $0.00 $1.00

6/18/2009 00/19/2009 $1.00 $0.00 $1.00 6/19/2009 00/20/2009 $1.00 $0.00 $1.00

Page 1 of 143


Case 3:17-cv-05769-RJB Document 101-2 Filed 07/16/18 Page 7 of 8 uEO sou I H I t:XA:S IJErENTION COMPLEX

DETAJNEE PAY FOR JUNE WORK DATES: 6/1 (09-6/30/09

· ! 0-etainee Name Date Worked Entry Date- n_ _.,. .u I JCE Pay GEO flay, To~a} '&Vi~~ OOJ"'l 512009 lUIO $2.00 '$3.00 6/15/2009 06/16/2009 $1.00 $2.00 $3.00 B123f2009 06124/2009 $1.00 $2.00 $3,00 06/24/2009 06/25/2009 $1.00 $2.00 $3.00

6/25/2009 00,26!2009 $1_{)0 $2.00 $3.00

~ 0612712009 06/2B/2009 $1.00 $2.00 $3.00

~ 6/28/2009 06/29/2009 $1.00 $2.00 $3.00 6/29/2009 06/30/20tm $1.00 $2.00 $3.00

~ 6/30/2009 07/0112009 g $1.00 $2.00 $3.00 3 ~ s B/23/2009 06/14/2009 0 $1.00 $0.00 $1.00 6/5/2009 06/07/2009 $1.00 $.2.00 $3.00 6/07l2009 06/11/2009 $1.00 $2.00 $3.00

6/11/2009 06/1212009 $1.00 $2.00 $3.00 6/15/2009 06/24/2009 $1.00 $2.00 $3.00 06/16/.2009 06/17(2009 $1.00 $2.00 $3.00

'$6,121-00 $7t258.00 $13,379.00 I

I lfCE TOTAL GEO TOTAL TOTAL PAY J I

Page 143 of 143


Case 3:17-cv-05769-RJB Document 101-2 Filed 07/16/18 Page 8 of 8 GEO SOUTH TEXAS DcrENTION COMPLEX

OET AIMEE PAY FOR JULY WORK DATES: 7/1~7131/09

·- 7/18"2009 ()7/19'2009 $0.00 $1.()0 Si.00 l(fW'2{J(JfJ (Jf~ $'(.00 *1~00 $1.00 7120f]h'.;S 07/21/2009 $1.00 so.oo S1.00 1f1".~ t,1~- t1.oo $0.00 $UX) Tf22/2009 07f.l3/2C09 $1.00 $0.00 S1.00

~ 7J23l2009 07124/2009 e S1-CIO $0.00 $U)0 $ 07/24/2009 01~ $ $1.00 $(UJO $1.00 :§ or~ 0772fil2009 sux, $0.00 $1.00 3 7/26/2009 07l27/200f ~ s,.oo $0.QQ $1.00 s 07~

-:::; $1,00 $0.00 $1.00 1127'20{1i ~

7121!J/2JX1ij 07'29/200f) · S1.oo $0.00 $1.00

I 7~ 0713l)'2009 $1.00 $0J)O $LOO 7/3fJf2009 07131noog $1.00 $0.00 $1.00 01m/2009 08,01/2009 s1_00 so.oo SU>O

I

ICE TOTAL GEO TOTAL TOTAL PAY

- ss,1~.00 $8,007.00 I $1.,729.00

1

Page 141 of 141


EXHIBIT 4


Case 3:17-cv-05769-RJB Document 101-3 Filed 07/16/18 Page 2 of 2 VOLUNTARY WORK PROGRAM . Every effort will be made to provide you an opportunity to participate in the voluntary work program. Any detainee assigned to work in the kitchen will be paid $4.00 per day. Laundry Work Details and Barbershop Workers will be paid $3.00 per day. Special Work Details are paid $2.00 per day. All other job assignments are $1.00 per day. Ordinarily you will not be permitted to work more than eight hours per day or 40 hours per week. Wages earned are calculated and credited to your account, daily. A detainee must submit a claim for non-payment within 14 days of the date in question. Detainees may also request a copy of their personal account once per week. You will be provided any necessary training to perform the job to which you are assigned and will be required to sign a voluntary work program statement. You must complete a detainee request form indicating that you wish to participate in the voluntary work program and are encouraged to list any special skills or experience that you may have on the form. The form is rout ed to the Classification Officer. Prior experience and/or specialized skills are not a requirement for participation in the voluntary work program. Detainees who choose to participate are required to work according to an assigned work schedule. Unexcused or frequent absences or unsatisfactory work performance may result in your removal from the voluntary work program. Voluntary Work Program attire will be supplied to your for certain job assignments.

LIBRARY The cultural diversity of the detainee population has been carefully considered in solicit ing donation of printed materials. A wide variety of subject matter and language is repre sented in the collection. You may have two library books at a time and are asked to return it in a timely manner so that others may enjoy it.

LAW LIBRARY The Library/Law Library is located on Falcon Walk. Detainees wil1 have access to the law library as posted in the Detainee Bulletin Board in the housing unit. Law Library hours are 8:00 am to 5:00 pm Monday - Friday. A detainee can fill out a detainee request form which is available in the housing units to gain access to the Law Library. Detainees will be allowed to access the computer with the Lexus Nexus software during the posted time by submitting a request to the library supervisor. The library supervisor will notify the dorm before picking up any detainees for library use. After the dorm has been notified you will be escorted to the Law Library and escorted back to you dorm when you are finished. Detainees may utilize the computer and printer for preparation of legal documents. You may request to make copies of legal documents pertaining to your case through the Law Library. There is no charge for making these copies. Request for additional time or materials may be requested through the library supervisor. If at any time you notice materials missing from the library or damaged you are encouraged to report this to the library supervisor. You may also request legal material not in the law library by submitting a request to the library supervisor.

COMPUTERS A word processing computer is provided in the law library for preparation of legal docu ments ONLY. This equipment is provided at no cost to you and is not to be used for per sonal correspondence. If you need to use the computer you must complete a detainee request form for access to the law library. No supervisor or staff member will read your documents beyond verifying that they are in reference to legal matters.

13


EXHIBIT 5



2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

28

The Honorable Robert J. Bryan

CHAO CHEN, individually and on behalf of all those similarly situated,

Plaintiff,

V.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHING TON

ATTACOMA

THE GEO GROUP, INC., a Florida corporation

Defendant.

No. 17-cv-05769-RJB

DEFENDANT THE GEO GROUP, INC.'S RESPONSES TO PLAINTIFF CHAO CHEN'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION

THE GEO GROUP, INC'S RESPONSES TO PLAINTIFF'S FIRST 18 INTERROGATORIES AND REQUESTS FOR PRODUCTION

19 Pursuant to Rules 26, 33, and 34 of the Federal Rules of Civil Procedure ("Fed. R. Civ.

20 P.") and the Local Rules of the U.S. District Court for the Western District of Washington (the

21 "Local Rules"), Defendant The GEO Group, Inc. (''GEO") hereby responds and objects to

22 Plaintiffs First Interrogatories and Requests for Production.

23 OBJECTIONS TO DEFINITIONS AND INSTRUCTIONS

24 GEO objects to Plaintiffs definition of "class members" in paragraph 1.b. as inapplicable.

25 There has been no class certification in this case and, therefore, no "class" exists. GEO will only

26 respond to Plaintiffs First Interrogatories and Requests for Production to the extent that it

27 concerns the sole named Plaintiff in this case, Chao Chen. CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC.'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION

III BRANCHES LAW, PLLC Joan K. Mell

1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

joan@3 brancheslaw. com



GEO objects to Plaintiffs definition of "class period" in paragraph 1.c. as inapplicable.

2 There has been no class certification in this case and, therefore, no "class" exists. GEO will only

3 respond to Plaintiff's First Interrogatories and Requests for Production to the extent that it

4 concerns the period during which the sole named Plaintiff in this case, Chao Chen, was at the

5 Northwest Detention Center ("NWDC").

6 GEO objects to Plaintiffs definition of "Defendant," "You," and "Your" in paragraph 1.e

7 as outside the scope of discovery as defined by Fed. R. Civ. P. 26(b )( 1) to the extent that the

8 request seeks information relating to persons or entities that are separate and distinct from GEO

9 and whom GEO has no legal right to control. GEO further objects to these definitions to the

10 extent that the request includes GEO attorneys and, therefore, improperly seeks information

11 protected by the attorney-client privilege, the work product doctrine, the common interest

12 privilege, and/or any other applicable privileges or immunities.

13 GEO objects to Plaintiffs definition of "describe in detail" in paragraph 1.f. as unduly

14 burdensome and not proportional to the needs of the case to the extent that it would require GEO

15 to describe "every aspect of every fact, circumstance, act, omission, or course of conduct" known

16 to it about any request made by the Plaintiff. GEO will make a reasonable effort to answer

17 interrogatories with detail determined after a reasonable inquiry. Likewise, GEO objects to

18 identifying "each person present or connected with, or who has knowledge of the matter inquired

19 about" as unduly burdensome, overly broad, and not proportional to the needs to the case. GEO

20 will make a reasonable effort to identify persons with knowledge of the matter inquired about to

21 the extent such inquiry is proportional and relates to the claims and defenses in the case. Finally,

22 GEO objects to this definition as inapplicable to requests for production, as GEO is under no

23 obligation to describe the documents that it produces. Subject to and without waiving GEO's

24 objections, GEO will make a reasonable effort to describe the requested information to the extent

25 the requests are proportional and relate to the claims and defenses in this case.

26 GEO objects to Plaintiffs definition to "document" in paragraph 1.h. to the extent that it

27 would exceed the definition of "document" under the Federal Rules of Civil Procedure. GEO

28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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defines "document" according to its definition in Fed. R. Civ. P. 34(a)(])(A). GEO further

2 objects to the definition to the extent that it includes "documents in another's possession." GEO

3 will only produce documents of entities over which it has a legal right to control.

4 GEO objects to Plaintiff's definition of "ICE" (Immigrations and Customs Enforcement)

5 in paragraph l .i as overly broad. GEO defines ICE only to include the agency of the United

6 States Department of Homeland Security, ICE employees, and any other persons or entities

7 reasonably known to be acting on behalf of or under the direction, authorization, or control of

8 ICE.

9 GEO objects to Plaintiff's definitions of "Identify" included in paragraphs 1 .j. through 1 .1.

10 as unduly burdensome because the level of detail requested may not be possible to provide where

1 1 there is not documentary information upon which to rely or is not attainable following a

12 reasonable inquiry. Subject to and without waiving GEO's objections, GEO will make a

13 reasonable effort to identify natural persons, entities, documents, or conversations in its responses

14 to Plaintiff's First Interrogatories.

15 GEO objects to Plaintiff's definition of "refers to" and "relates to" as overly broad, unduly

16 burdensome, and not proportional to the needs of the case as terms like "evidence" "bear upon,"

17 "undercut," and others listed are not synonymous with the terms "refers to" and "relates to."

18 Instead, Plaintiff seeks to expand the defined terms beyond their standard American usage.

19 Furthermore, terms used to define "refers to" and "relates to" are vague and ambiguous. GEO

20 will define the terms "refers to" and "relates to" according to their standard American usage and

21 reasonably interpret them based on their context as used in Plaintiff's First Interrogatories and

22 Requests for Production.

23 GEO objects to Plaintiff's definition of"Voluntary Work Program" to the extent the

24 program involves monetary compensation. Detainees at NWDC receive an allowance of $1 per

25 day for work activity performed as part of the Voluntary Work Program.

26 GEO objects to Instruction 2 to the extent that Plaintiff seeks information and the

27 production of documents outside of the possession, custody, or control of the named party, GEO,

28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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and any entities GEO has the legal right to control. GEO further objects to this instruction to the

2 extent that the request includes GEO attorneys and, therefore, improperly seeks information

3 protected by the attorney-client privilege, the work product doctrine, the common interest

4 privilege, and/or any other applicable privileges or immunities.

5 GEO objects to Instruction 3 to the extent that Plaintiff seeks production of documents

6 outside of the possession, custody, or control of any entity that GEO has the legal right to control.

7 GEO further objects to this instruction to the extent it requires disclosure of documents destroyed

8 or disposed of that would have been responsive to one of Chen's document requests. GEO is

9 under no obligation to detail documents disposed in the regular course of business before the duty

10 to preserve attached in this case. GEO has taken reasonable steps to preserve documents and

11 information in the conduct oflitigation, as is required under applicable case law and Fed. R. Civ.

12 P. 37(e).

13 GEO objects to Instruction 4 to the extent that it imposes obligations beyond those

14 required by the Federal Rules of Civil Procedure. GEO will respond with objections in

15 accordance with Fed. R. Civ. P. 33(b) and 34(b). Likewise, GEO will assert any claims of

16 privilege in accordance with Fed. R. Civ. P. 26(b)(5).

17 GEO objects to Instruction 5 to the extent it imposes obligations beyond those required by

18 the Federal Rules of Civil Procedure. GEO will assert any claims of privilege in accordance with

19 Fed. R. Civ. P. 26(b)(5).

20 GEO objects to Instruction 6 as it states a procedure for the production of documents,

21 including the labelling of documents, that is unduly burdensome and not required under the

22 Federal Rules of Civil Procedure. Pursuant to Fed. R. Civ. P. 34(b)(2)(E), GEO will produce

23 documents as they are kept in the usual course of business, as they were ordinarily maintained or

24 in a reasonably useable format.

25 GEO objects to Instruction 7 that requires "the entire document must be produced, along

26 with any attachments, drafts, and 'non-identical' copies." GEO objects as this may require the

27 production of information subject to privilege, privacy or security restrictions. GEO reserves the

28 CHAO CHEN v. THE GEO GROUP, lNC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, lNC.'S RESPONSE TO FlRST INTERROGA TORlES AND REQUESTS FOR PRODUCTION.

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right to redact information that is confidential and not responsive as well as to redact for

2 privilege. GEO may also produce documents redacted, inter alia, to protect the privacy and

3 safety of individuals identified in the documents, detainees, GEO staff, and others.

4 GEO objects to Instruction 8 as confusing and ambiguous. Pursuant to Fed. R. Civ. P.

5 34(b)(2)(E), GEO will produce email and other electronically stored information in a reasonably

6 useable format. Specifically, GEO will produce electronically stored information as single page

7 TIFF images with extracted text and a load file. GEO will produce redacted documents with

8 OCR text to protect the redacted information.

9 GEO objects to Instruction 10 as unduly burdensome. Pursuant to Fed. R. Civ. P.

10 34(b )(2)(E), GEO will produce Excel spreadsheets in native form and is willing to meet and

11 confer regarding the production format of other documents on an individual case by case basis.

12 GEO objects to Instruction 11 as unduly burdensome and not proportional to the needs of

13 the case as GEO will respond and produce documents relating to-the period during which Chao

14 Chen was a detainee at the NWDC as that is the only period during which Chen sustained any

15 alleged harm and Chen has no standing to seek redress on behalf of others at this time. Without

16 waiver of any rights or other objections, GEO will supplement any responses to Plaintiffs First

17 Interrogatories and Requests for Production, should they be necessary, in accordance with Fed. R.

18 Civ. P. 26(e).

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28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC.'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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RESPONSE TO INTERROGATORIES AND REQUESTS FOR PRODUCTION

INTERROGATORY NO. 1: Please identify each person answering or supplying information used in answering these discovery requests.

ANSWER TO NO. 1: GEO objects to this Interrogatory on the grounds that it requests

information protected by the attorney-client privilege, the work product doctrine, the common

interest privilege, and/or any other applicable privileges or immunities. Subject to and without

waiving the forgoing objections, GEO states that: James Black, Warden Clark, Bruce Scott,

Alisha Singleton, and Michael Heye supplied information used in answering these discovery

requests.

INTERROGATORY NO. 2: Please state the number of detainees who participated in the Voluntary Work Program at NWDC during the class period.

11 ANSWER TO NO. 2: GEO objects to this Interrogatory on the grounds that a class has

not been certified in this case and, as such, no class period has been set and Chen does not have

standing at this time to seek redress of any alleged harm other than to himself. Further, GEO is

unable to provide an accurate number of detainees who participated in the Voluntary Work

Program at NWDC during an undefined period of time. Should a class be certified in this case at

a later date, GEO is willing to meet and confer regarding additional information it will provide in

response to this Interrogatory, subject to ICE approval and court orders.

INTERROGATORY NO. 3: Identify all class members as defined above. Your answer should also include the Alien Registration Number (a/k/a "A-Number") of each class member.


not been certified in this case and, as such, there are no "class members." GEO objects to

producing Alien Registration Numbers ("A-Numbers") of detainees, as this information is private

and Plaintiff already knows his own A-Number. Should a class be certified in this case at a later

date, GEO is willing to meet and confer regarding additional information it will provide in

response to this Interrogatory, subject to ICE approval and court orders.

INTERROGATORY NO. 4: For each class member identified in response to Interrogatory No. 3, please describe in detail the following:

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTJON.

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6 not been certified in this case and, as such, there are no "class members." Finally, GEO objects to

7 the use of the phrase "category of compensation" as it is vague and ambiguous. Subject to the

8 above stated objections, GEO produced Mr. Chen's Resident Account Summary as an initial

9 disclosure at GEO-CHEN 000769 - 781 that shows $1.00 per day payments for his participation

1 o within his housing unit as he was not cleared to leave his unit because he had been convicted of

11 FIRST DEGREE ASSAULT, FOURTH DEGREE ASSAULT, SECOND DEGREE

12 UNLAWFUL FIREARM POSSESSION, AND FELONY HARASSMENT (GEO CHEN 000554

13 - INITIAL DISCLOSURES) making him a known risk of harm to others. GEO put the $1.00 on

14 his account whether he performed a task in ten minutes, or an hour. ICE is the custodian of

15 Mr. Chen's detention file and would be the appropriate agency to verify his actual dates of

16 detention. In the records ICE provided to GEO there is a record indicating ICE had Mr. Chen

1 7 enter the facility on October 21, 2014 and I CE released him from the NWDC on March 1, 2016.

18 Production of this record would require I CE approval or an order from the court. Should a class

l 9 be certified in this case at a later date, GEO is willing to meet and confer regarding additional

20 information it will provide in response to this Interrogatory subject to the direction of ICE and/or

21 court orders.

22 REQUEST FOR PRODUCTION A: Please produce all documents that relate to your answer to the preceding Interrogatory.

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RESPONSE: GEO objects to this Request as overly broad and unduly burdensome based

on Plaintiff's own definition of "relate to" that would lead to the production of documents with no

relationship whatsoever to the claims or defenses in the case. For example, paperwork

concerning a detainee's release may be "related to" the detainee's dates of detention at NWDC,

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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but have no bearing on the claims or defenses in this case. GEO also objects to this Request to

the extent that it seeks that information protected by the attorney-client privilege, the work

product doctrine, the common interest privilege, and/or any other applicable privileges or

immunities. Subject to and without waiving the above stated objections, GEO will conduct a

reasonable search of documents on active electronic systems and reasonably accessible paper

storage areas that GEO reasonably believes contain potentially relevant information within its

possession, custody, and control, and produce, to the extent they exist and following entry of a

reasonable protective order, relevant, responsive, non-privileged documents, sufficient to show

Plaintiff's date of detention, hours worked as part of the Voluntary Work Program, and

compensation provided to him. Should a class be certified in this case at a later date, GEO is

willing to meet and confer regarding additional information it will provide in response to this

Request subject to ICE approval and court orders. GEO will withhold documents subject to the

above stated objections.

INTERROGATORY NO. 5: Describe in detail your policies, practices, and procedures referring or relating to the Voluntary Work Program at NWDC. At a minimum, your answer should describe the following:

a. detainee eligibility requirement(s); b. detainee sign up procedure(s); c. minimum skill or experience requirement(s) for any work assignment,

task, or other duty; d. your selection process for eligible detainees; e. how work assignments are made; f. type(s) of work, tasks, or other duties assigned; g. detainee compensation; h. disciplinary process related to poor performance; i. supervision of detainees.

ANSWER TO NO. 5: GEO objects to this Interrogatory on the grounds that it is

compound and comprises of nine different areas of inquiry, GEO will count this inquiry

accordingly when determining whether Chen has exceeded the maximum allowable

interrogatories as permitted under Fed. R. Civ. P. 33(a)(1). GEO objects to this Interrogatory on

the grounds that it requests information that is outside the scope of discovery and not relevant to

the claims or defenses in this case. For example, information about what cleaning supplies a

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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detainee uses on specific tasks might be "related to" the Voluntary Work Program, but it has no

2 bearing on the claims or defenses in this case. Subject to and without waiving GEO's above

3 stated objections, GEO answers as follows: A detainee would be eligible to participate in the

4 Voluntary Work Program if the detainee were detained at the NWDC and volunteered to

5 participate. If a detainee presents a high security threat like Mr. Chen, then the detainee may be

6 limited to activities in the housing unit. Mr. Chen participated in the program as a Pod Porter

7 who would assist with the Pod clean up between 11 :30 p.m. and 1 :30 a.m. in 2015. In 2014 he

8 selected clean-up activities during the day like cleaning the microwaves, sinks, and counters at

9 least once a day after lunch, sweep and mop the upper and lower tier floors, clean the walls,

IO tables, table legs, and bolts, clean cell doors, sliders and frames, and other similar type tasks. Any

11 detainee who wants to participate sends a request to classification. Classification clears the

12 detainee to participate and has the detainee sign a voluntary work program agreement form. The

13 detainee chooses what the detainee wants to do and then starts participating in the program when

14 there is space for a new person. GEO has policy No. 5.1.2, which ICE approves, that applies to

15 the NWDC and applied during the time Chen was detained there. GEO also refers Plaintiff to

16 Section 5.8 ofICE's publicly available Performance-Based National Detention Standards, which

17 describe federally-established standards for the Voluntary Work Program. In practice, the staff

18 and detainees carry out daily activities to make sure the secure side of the facility is picked up and

19 clean, people are well fed, well groomed, and physically active. Should a class be certified in this

20 case at a later date, GEO is willing to meet and confer regarding additional information it will

21 provide in response to this Interrogatory subject to ICE approval and court orders.

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REQUEST FOR PRODUCTION B: answer to the preceding Interrogatory.

RESPONSE:

Please produce all documents that relate to your

GEO objects to this Request as violating Fed. R. Civ. P. 26(b )(1) because it

asks for information that is outside the scope of discovery. Specifically, the breadth of the

request would include documents that have no bearing on the claims or defenses in this case. For

example, cleaning supply order forms may be "related to" tasks detainees perform as part of the


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Voluntary Work Program, but they have no bearing on the claims or defenses in this case. GEO

also objects to this Request to the extent that it seeks that information protected by the attorney

client privilege, the work product doctrine, the common interest privilege, and/or any other

applicable privileges or immunities. Subject to and without waiving the above stated objections,

GEO will conduct a reasonable search of documents on active electronic systems and reasonably

accessible paper storage areas that GEO reasonably believes contain potentially relevant

information within its possession, custody, and control, and produce relevant, responsive, non

privileged documents, to the extent they exist and subject to an appropriate protective order,

sufficient to show the policies, practices, and procedures referring or relating to the Voluntary

Work Program during the time Plaintiff was detained at NWDC. Should a class be certified in

this case at a later date, GEO is willing to meet and confer regarding additional information it will

provide in response to this Request subject to the Court's defined class period and subject to ICE

approval and court orders. . GEO will withhold documents subject to the above stated

objections.

REQUEST FOR PRODUCTION C: Please produce all documents that relate or refer to the Voluntary Work Program at NWDC, including, but not limited to, atl internal emails, memoranda, or other documents discussing the Voluntary Work Program.

17 RESPONSE: GEO objects to this Request as violating Fed. R. Civ. P. 26(b)(l) because it

18 asks for information that is outside the scope of discovery. Specifically, the breadth of the

19 request would include documents that have no bearing on the claims or defenses in this case. For

20 example, emails that merely mention the term "Voluntary Work Program" or "VWP" as a

21 program available at the NWDC may indeed "relate to" the Voluntary Work Program but have no

22 bearing on the claims or defenses in this case. Moreover, GEO objects to this Request on the

23 grounds that it is unduly burdensome and not proportional to the needs of the case as it seeks any

24 and all documents ever created that might relate or refer to the Voluntary Work Program at

25 NWDC. GEO also objects to this Request to the extent that it seeks that information protected by

26 the attorney-client privilege, the work product doctrine, the common interest privilege, and/or any

27 other applicable privileges or immunities. Subject to and without waiving the above stated

28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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objections, GEO will conduct a reasonable search of documents on active electronic systems and

reasonably accessible paper storage areas that GEO reasonably believes contain potentially

relevant information within its possession, custody, and control, and produce relevant, responsive,

non-privileged documents, to the extent they exist and subject to an appropriate protective order,

referring or relating to the Voluntary Work Program while the Plaintiff was detained at NWDC.

Should a class be certified in this case at a later date, GEO is willing to meet and confer regarding

additional information it will provide in response to this Request subject to the Court's defined

class period and subject to ICE approval and court orders .. GEO will withhold documents subject

to the above stated objections.

INTERROGATORY NO. 6: Please describe in detail the system or procedure you use(d) for tracking or recording work hours and work assignments performed by detainees participating in the Voluntary Work Program, and identify all documents use(d) for tracking or recording such hours and assignments (e.g., punched timecards, handwritten time sheets, or recording by a computerized time records). For all documents identified, please state the following:

a. The policies or procedures In effect for preserving the integrity of the documents;

b. The retention period(s) for such documents; c. All persons having custody of such records.

ANSWER TO NO. 6: GEO objects to this Interrogatory on the grounds that it violates

1 7 Fed. R. Civ. P. 26(b )( 1) because it seeks information outside of the scope of discovery and which

18 has no bearing on the claims and defenses in this case. For example, the Interrogatory seeks

19 policies and procedures "for preserving the integrity of the documents." Plaintiff has not

20 asserted, or is there any reason to believe, that the integrity of GEO-held documents is at issue.

21 GEO further objects to this Interrogatory as unduly burdensome and not proportional to the needs

22 of the case as it seeks to identify "all persons having custody of such records." Subject to and

23 without waiving GEO's above stated objections, GEO answers as follows: Any documents

24 specific to a detainee is placed in a detainee file, which is then transferred to ICE for retention.

25 ICE controls the retention of detainee files. ICE has Mr. Chen's detention file and has provided it

26 to GEO, but has not authorized its release without a court order or further authorization. Mr.

27 Chen's history of payments was produced in early disclosures and shows his payments dating

28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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back to 10/22/14. He has a Pod Porter Job Description in his detention file that references the

2 requirements that he complete a "voluntary worker agreement form" and have a "memo" turned

3 in before being placed on the pod porter list to be paid. Mr. Chen selected Grave Cleaner duties

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REQUEST FOR PRODUCTION D: answer to the preceding Interrogatory.

RESPONSE:


GEO objects to this Request because it violates Fed. R. Civ. P. 26(b)(l) by

seeking documents outside of the scope of discovery. Specifically, as it seeks documents relating

to the procedures for "preserving the integrity of the documents." Such information is not

relevant to the claims or defenses in this case. Furthermore, GEO objects to this Request as not

proportional because discovery of such information is of no importance to resolving the issues of

the case and the burden of the proposed discovery outweighs its likely benefit. Finally, GEO

objects to this Request on the grounds that it requests information protected by the attorney-client

privilege, the work product doctrine, the common interest privilege, and/or any other applicable

privileges or immunities. Subject to and without waiving the above stated objections, GEO will

conduct a reasonable search of documents on active electronic systems and reasonably accessible

paper storage areas that GEO reasonably believes contain potentially relevant information within

its possession, custody, and control, and produce relevant, responsive, non-privileged documents,

to the extent they exist and following entry of a reasonable protective order, documents sufficient

to show the retention period and custodians for documents relevant to the claims and defenses in

this case. Should a class be certified in this case at a later date, GEO is willing to meet and confer

regarding additional information it will provide in response to this Request subject to the Court's

defined class period and subject to ICE approval and court orders. GEO will withhold responsive

documents subject to the above stated objections.

INTERROGATORY NO. 7: Please describe in detail how you determined the offset amount of $17.12 per hour described on page three of your Rule 26 Initial Disclosures dated December 20, 2017.

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC.'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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ANSWER TO NO. 7: GEO also objects to this Interrogatory to the extent that it seeks that

2 information protected by the attorney-client privilege, the work product doctrine, the common

3 interest privilege, and/or any other applicable privileges or immunities. Subject to and without

4 waiving the above stated objections, GEO answers as follows: The formula is described on the

5 disclosure so this question is impossible to answer with any additional explanation. The numbers

6 come from the budget and actual expenditures of the NWDC. GEO will produce the spreadsheets

7 that total the expenditures.

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REQUEST FOR PRODUCTION E: answer to the preceding Interrogatory.

RESPONSE:

protected by the attorney-client privilege, the work product doctrine, the common interest

privilege, and/or any other applicable privileges or immunities. Subject to and without waiving

the above stated objections, GEO will conduct a reasonable search of documents on active

electronic systems and reasonably accessible paper storage areas that GEO reasonably believes

contain potentially relevant information within its possession, custody, and control, and produce

relevant, responsive, non-privileged documents, to the extent they exist and following entry of a

reasonable protective order, documents sufficient to show the total actual expenditures of the

NWDC during the time Chen was a detainee at the NWDC. Should a class be certified in this

case at a later date, GEO is willing to meet and confer regarding additional information it will


approval and court orders. GEO will withhold documents subject to the above stated objections.

REQUEST FOR PRODUCTION F: Please produce copies of your financial statements or other documents reflecting both budgeted and actual expenditures on detainee room, clothing, food, laundry, utilities, and any other expenses for which you now seek an offset, from September 26, 2013, to the present.

24 RESPONSE:


GEO objects to this Request on the grounds that it requests information

GEO objects to this Request to the extent that it seeks financial statements

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26 defenses in this case. GEO also objects to this Request on the grounds that it is unduly

27 burdensome, as it would require GEO to continuously supplement and produce additional CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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information without a defined end date. Subject to and without waiving GEO's above stated

objections, GEO will conduct a reasonable search of documents on active electronic systems and

reasonably accessible paper storage areas that GEO reasonably believes contain potentially

relevant information within its possession, custody, and control, and produce relevant, responsive,

non-privileged documents, to the extent they exist and following entry of a reasonable protective

order, sufficient to show actual expenditures on detainee room, clothing, food, laundry, utilities,

and any other expenses for which GEO seeks an offset during the time period Chen was detained

at the NWDC. Should a class be certified in this case at a later date, GEO is willing to meet and

confer regarding additional information it will provide in response to this Request subject to the

Court's defined class period and subject to ICE approval and court orders. GEO will withhold


REQUEST FOR PRODUCTION G: Please produce copies of your financial statements, both annually and quarterly, including by not limited to certified financials (i.e., income statement, cash flow, balance sheet) and disclosures to state and federal taxing authorities, from September 26, 2013, to present.

RESPONSE: GEO objects to this Request as outside of the scope of discovery, as it

seeks documents that are not relevant to the claims or defenses in this case. Furthermore, GEO

objects to this Request as it is not proportionate to the needs of the case, as discovery of GEO' s

financial statements does nothing to resolve any issue in the case and any burden on GEO would

outweigh the negligible benefit Plaintiff would receive from the information. Finally, GEO

objects to this Request on the grounds that it requests information protected by the attorney-client


privileges or immunities. GEO will not be producing documents in response to this Request and

is withholding responsive documents subject to the above stated objections.

INTERROGATORY NO. 8: Please identify any and all detainees at NWDC from whom you have sought reimbursement for your costs or expenditures related to their detainment (e.g., room, clothing, food, laundry, utilities).

ANSWER TO NO. 8: GEO objects to this Interrogatory as beyond the scope of discovery

to the extent that it seeks information relating to detainees other than the named Plaintiff, Chao


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Chen. GEO objects on the grounds that this Interrogatory is overly broad, as it is not limited by

time or by class, never mind that such a class has yet to be certified. Finally, GEO objects to this

Interrogatory on the grounds that it requests information protected by the attorney-client


privileges or immunities. GEO answers the interrogatory as follows: No one. GEO has not to

date been forced to address offsets.

INTERROGATORY NO. 9: Please describe in detail any investments in equipment or materials you received from, or require of, detainees who participate in the Voluntary Work Program.

GEO objects to this Interrogatory on the grounds that it is vague

10 and ambiguous in that it seeks information regarding "any investments in equipment or materials"

11 received from detainees participating in the Voluntary Work Program. This interrogatory

12 presumes that an independent contractor factor in an economic reality test would be applicable to

13 detention, which is an erroneous legal conclusion. Without waiving stated objections. None.

REQUEST FOR PRODUCTION H: answer to the preceding Interrogatory.

RESPONSE GEO objects to this Request on the grounds that the preceding Interrogatory is

vague and ambiguous in that it seeks information regarding "any investments in equipment or

materials" received from detainees participating in the Voluntary Work Program. As written,

GEO believes there are no documents responsive to this request.

INTERROGATORY NO. 10: Please describe in detail all jobs, tasks, or other duties performed by detainees participating in the Voluntary Work Program at NWDC that are also performed by your employees or independent contractors, and identify all employees or independent contractors performing such jobs, tasks, or other duties.

ANSWER TO NO. 10:


GEO objects to this Interrogatory as not relevant to the claims or

defenses of this case to the extent that it seeks identification of specific employees or independent

contractors. Subject to and without waiving GEO's above stated objections, GEO answers as

follows: GEO employees and independent contractors do not participate in the Voluntary Work


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Program. To the extent responsive information reveals information about staffing, this

2 information is confidential and may require ICE's approval to discJose.

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REQUEST FOR PRODUCTION I: answer to the preceding Interrogatory.

RESPONSE:


GEO objects to this Request as seeking information outside of the scope of

discovery as information relating to the identity of non-detainees performing work outside of the

Voluntary Work Program is not relevant to the claims and defenses of the case. Furthermore,

GEO objects on the grounds that producing the requested documents is unduly burdensome,

overly broad, and not proportionate to the needs of the case as the burdens of additional discovery

outweigh the negligible benefit Plaintiff will receive from the information. Subject to and

without waiving GEO's foregoing objections, GEO will conduct a reasonable search of

documents on active electronic systems and reasonably accessible paper storage areas that GEO

reasonably believes contain potentially relevant information within its possession, custody, and

control, and produce relevant, responsive, non-privileged documents, to the extent they exist and

subject to an appropriate protective order, sufficient to show the jobs, tasks, or other duties

commonly held by other individuals at NWDC in addition to detainees involved in the Voluntary

Work Program during the time Chen was detained at the NWDC.:_ To the extent responsive

information reveals information about staffing, this information is confidential and may require

ICE's approval to disclose. Should a class be certified in this case at a later date, GEO is willing

to meet and confer regarding additional information it will provide in response to this Request

subject to the Court's defined class period and subject to ICE approval and court orders. GEO

will withhold documents subject to the above stated objections.

REQUEST FOR PRODUCTION J: Please produce a copy of the job descriptions of all employees and independent contractors identified in your response to Interrogatory No. 10.

RESPONSE: Subject to and without waiving GEO's above stated objections, GEO will




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to the extent they exist and subject to an appropriate protective order, of descriptions for jobs,

tasks, or other duties commonly performed by individuals at NWDC in addition to detainees in

the Voluntary Work Program during the time Chen was detained at the NWDC. Should a class

be certified in this case at a later date, GEO is willing to meet and confer regarding additional

information it will provide in response to this· Request subject to the Court's defined class period

and subject to ICE approval and court orders. To the extent responsive information reveals

information about staffing, this information is confidential and may require ICE's approval to

disclose. GEO will withhold documents subject to the above stated objections.

INTERROGATORY NO. 11: Do you contend that detainees had an opportunity to work for other employers or entities during their detention at NWDC? If so, describe in detail the factual basis for your contention.

Subject to and without waiving GEO's above stated objections,

13 GEO answers as follows: Yes. Detainees who want to work in a real job may submit an

14 employment authorization (I-765 "EAD") request to ICE or to the administrative judge in the

15 detainee's removal proceedings for authorization to work in a position approved by ICE if

16 eligible. GEO has no control over Mr. Chen's or any other person's detention or employment.

1 7 GEO may not employ any detainee.

REQUEST FOR PRODUCTION K: answer to the preceding Interrogatory.

RESPONSE:


Subject to and without waiving GEO's above stated objections, GEO will




to the extent they exist and subject to an appropriate protective order, sufficient to show any

detainee opportunities for work for other employers or entities during the time Chen was detained

at the NWDC. Should a class be certified in this case at a later date, GEO is willing to meet and

confer regarding additional information it will provide in response to this Request subject to the


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Court's defined class period and subject to ICE approval and court orders. GEO will withhold

documents subject to the above stated objections. Please see the materials produced and

referenced on GEO's Motion to Dismiss.

INTERROGATORY NO. 12: Please identify all persons who supervised work performed by detainees participating in the Voluntary Work Program during the class period, including each person's job classification and the length of time in such position.


not been certified in this case and, as such, no class period has been set. Even if the Interrogatory

were not otherwise objectionable, GEO would not be able to accurately "identify all persons who

supervised work performed by detainees participating in the Voluntary Work Program" at NWDC

during an undefined period of time. In addition, GEO objects to this Interrogatory as it seeks

information about detainee supervision that is not relevant to the claims or defenses in this case,

which concern work performed as part of the Voluntary Work Program and makes no claim

regarding supervision of detainees. Subject to and without waiving GEO's above stated

objections, GEO answers as follows: Bert Henderson is the Food Service Manager hired on

3/19/2007 (11 years of service). Alisha Singleton hired 9/24/2011 (17 years of service), and

Michael Heye hired on 10/12/2004 (14 years of service), are classification officers who are

primarily involved with the program. All detention officers would be responsible for overseeing

the participants carrying out tasks. The identification of all detention officers, their job

descriptions and length of service is a disproportionate discovery request as the identified officers

are capable of describing the activities of the VWP. Should a class be certified in this case at a

later date, GEO is willing to meet and confer regarding additional information it will provide in

response to this Request subject to the Court's defined class period and subject to ICE approval

and court orders.

REQUEST FOR PRODUCTION L: Please produce all documents describing the work, tasks, or other duties performed, or to be performed, by detainees participating in the Voluntary Work Program during the class period.

26 RESPONSE: GEO objects to this Request on the grounds that a class has not been

27 certified in this case and, as such, no class period has been set. GEO objects to this Request as it CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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is overly broad, unduly burdensome and disproportionate as defined under Rule 26(b )( 1 ), because

it requests all documents describing the work tasks, when documents sufficient to show such

information would be reasonable and proportionate to produce and provide Chen with the

information he is seeking that is relevant to the claims and defenses in the case. Subject to and

without waiving GEO's above stated objections, GEO will conduct a reasonable search of

documents on active electronic systems and reasonably accessible paper storage areas that GEO

reasonably believes contain potentially relevant information within its possession, custody, and

control, and following entry of a reasonable protective order, produce relevant, responsive, non

privileged documents, sufficient to show the work, tasks, or other duties the Plaintiff performed

by participating in the Voluntary Work Program at NWDC. Should a class be certified in this



approval and court orders. GEO will withhold documents subject to the above stated objections.

REQUEST FOR PRODUCTION M: Please produce all documents that relate or refer to your employee or independent contractor staffing plans or work schedules, or both, at NWDC during the class period. This includes, but is not limited to, documents related to daily, weekly, or monthly staffing plans or schedules, employee rosters and work assignments, and the units or areas to which each employee or independent contractor was assigned.

RESPONSE: GEO objects to this Request as overly broad, unduly burdensome, and

disproportionate as it seeks information wholly unrelated the claims and defenses of this case.

Not only does this Request not request documents related to the Voluntary Work Program at

NWDC, it does not seek information related to NWDC detainees like the Plaintiff at all. GEO

also objects to this because the negligible benefit of this information to the Plaintiff is far

outweighed by the security risks incurred by disclosing the information. GEO further objects to

this Request on the grounds that a class has not been certified in this case and, as such, no class

period has been set. GEO will not be producing documents in response to this Request and is

withholding responsive documents subject to the above stated objections.

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. 17-CV-05769-RJB DEFENDANT GEO GROUP, INC.'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTlON.

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INTERROGATORY NO. 13: Do you contend that Plaintiff's claims stated within the complaint are not "typical," as that term is used in Fed. R. Civ. P. 23(a)(3), of the putative

2 class? If so, describe in detail the factual basis for your contention.

3 ANSWER TO NO. 13: GEO objects to this Interrogatory on the grounds that it requests


5 interest privilege, and/or any other applicable privileges or immunities. GEO further objects to

6 this Interrogatory on the grounds that a class has not been certified in this case as yet so it is

7 impossible to determine whether Chen's claims are typical of any putative class that may be

8 certified at a future date. Should a class be certified in this case at a later date, GEO is willing to

9 meet and confer regarding additional information it will provide in response to this Interrogatory

1 o subject to the Court's defined class period subject to ICE approval and court orders.

11 REQUEST FOR PRODUCTION N: Please produce all documents that relate to your answer to the preceding Interrogatory.

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RESPONSE: GEO objects to this Request on the grounds that it requests information


privilege, and/or any other applicable privileges or immunities. GEO further objects to this

Request on the grounds that a class has not been certified in this case as yet so it is impossible to

determine whether Chen's claims are typical of any putative class that may be certified at a future

date. GEO will not be producing any documents in response to this Request and is withholding

documents subject to the above stated objections. Should a class be certified in this case at a later

date, GEO is willing to meet and confer regarding additional information it will provide in

response to this Request subject to the Court's defined class period and subject to ICE approval

and court orders.

INTERROGATORY NO. 14: Do you contend that Plaintiff is not an "adequate" 23 representative, as that term is used in Fed. R. Civ. P. 23(a)(4), of the proposed class? If so,

describe in detail the factual basis for your contention.

ANSWER TO NO. 14: GEO objects to this Interrogatory on the grounds that it requests

information protected by the attorney-client privilege, the work product doctrine, the common

interest privilege, and/or any other applicable privileges or immunities. GEO further objects to

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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1 this Interrogatory on the grounds that a class has not been certified in this case as yet so it is

2 impossible to determine whether Chen would be an adequate representative of any putative class

3 that may be certified at a future date. Should a class be certified in this case at a later date, GEO

4 is willing to meet and confer regarding additional information it will provide in response to this

5 Interrogatory subject to the Court's defined class period subject to ICE approval and court orders.

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REQUEST FOR PRODUCTION 0: answer to the preceding Interrogatory.

RESPONSE:






determine whether Chen would be an adequate representative of any putative class that may be

certified at a future date. GEO is not producing documents in response to this Request and is

withholding documents subject to the above stated objections. Should a class be certified in this



approval and court orders.

INTERROGATORY NO. 15: Do you contend that a conflict exists between Plaintiff and the class mem hers with respect to recovery of additional compensation for detainees who participated in the Voluntary Work Program? If so, describe in detail the factual basis for your contention.

20 ANSWER TO NO. 15: GEO objects to this Interrogatory on the grounds that it requests


22 interest privilege, and/or any other applicable privileges or immunities. GEO further objects to

23 this Request on the grounds that a class has not been certified in this case as yet so it is impossible

24 to determine whether there would be a conflict between Chen and any putative class members of

25 a class that may be certified at a future date. Should a class be certified in this case at a later date,

26 GEO is willing to meet and confer regarding additional information it will provide in response to


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this Request subject to the Court's defined class period and subject to ICE approval and court

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REQUEST FOR PRODUCTION P: answer to the preceding Interrogatory.

RESPONSE:






determine whether there would be a conflict between Chen and any putative class members of a

class that may be certified at a future date. GEO will not be producing documents in response to

this Request and is withholding documents subject to the above stated objections. Should a class

be certified in this case at a later date, GEO is willing to meet and confer regarding additional

information it will provide in response to this Request subject to the Court's defined class period

and subject to ICE approval and court orders.

REQUEST FOR PRODUCTION 0: Please produce all documents that relate or refer to comments or complaints by any detainee about the Voluntary Work Program, and any responses thereto.

RESPONSE: GEO objects to this Request on the grounds that it is unduly burdensome

and outside of the scope of discovery, as it seeks "all documents that relate or refer to" comments

by any detainee about the Voluntary Work Program. Moreover, GEO objects to this Request as

overly broad and unduly burdensome because it is unbounded by any time constraint that would

be relevant to Chen's claims. Subject to and without waiving GEO's above stated objections,

GEO will conduct a reasonable search of documents on active electronic systems and reasonably

accessible paper storage areas that GEO reasonably believes contain potentially relevant

information within its possession, custody, and control, and following entry of a reasonable

protective order, GEO will produce relevant, responsive, non-privileged documents that contain

comments or complaints by any detainee at NWDC about the Voluntary Work Program during

the time Chen was a detainee at the NWDC. Should a class be certified in this case at a later date,

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC.'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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GEO is willing to meet and confer regarding additional information it will provide in response to

this Request subject to the Court's defined class period and subject to ICE approval and court

orders. GEO is withholding documents subject to the above stated objections.

REQUEST FOR PRODUCTION R: Please produce any documents on which Plaintiff is named, including his· complete personnel file, if any.

RESPONSE:

requesting information that is outside the scope of discovery. Specifically, the request asks for

any document with Plaintiff's name on it, when the claims and defenses in this case relate solely

to Plaintiff's participation in the Voluntary Work Program. Subject to and without waiving

GEO's above stated objections, GEO will produce Plaintiff's detainee file subject to ICE

approval and or a court order. GEO will also, after a reasonable search of documents on active


contain potentially relevant information within its possession, custody, and control, and following

entry of a reasonable protective order, produce any relevant, responsive, non-privileged document

containing Plaintiff's name regarding the Voluntary Work Program at NWDC. GEO is

withholding documents subject to the above stated objections.

REQUEST FOR PRODUCTIONS: Please produce all write-ups or disciplinary records for any detainee stemming from participation in the Voluntary Work Program.

18 RESPONSE:

GEO objects to this Request as it violates Fed. R. Civ. P. 26(b)(1) by

GEO objects to this Request as violating Fed. R. Civ. P. 26(b)(l) as it asks

19 for documents as outside the scope of discovery. Specifically, the request asks for write-ups or

20 disciplinary records for any detainee stemming from participation in the VWP, which bear no

21 relation to the claims or defenses in this case. Moreover, Chen presently has no standing to

22 inquire into the write-ups or disciplinary action of other detainees. Subject to and without

23 waiving GEO's above stated objections, GEO will, after a reasonable search of documents on

24 active electronic systems and reasonably accessible paper storage areas that GEO reasonably

25 believes contain potentially relevant information within its possession, custody, and control, and

26 following entry of a reasonable protective order, produce any relevant, responsive, non-privileged

27 write-ups or disciplinary records (to the extent they exist) relating to Chen's participation in the CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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Voluntary Work Program. GEO will be withholding-documents subject to the above stated

objections.

REQUEST FOR PRODUCTION T: Please produce all documents containing or reflecting communications between you and ICE referring or relating to this lawsuit.

RESPONSE:

RESPONSE:




GEO's above stated objections, GEO will, after a reasonable search of documents on active


contain potentially relevant information within its possession, custody, and control, and following

entry of a reasonable protective order, produce any relevant, responsive, non-privileged

communications with ICE regarding this lawsuit. GEO may be withholding privileged


REQUEST FOR PRODUCTION U: Please produce all documents containing or reflecting communications between you and ICE regarding the Voluntary Work Program atNWDC.

GEO objects to this Request as it is overly broad and unduly burdensome

to the extent that it requests all communications between GEO and ICE regarding the Voluntary

Work Program, without limitations as to time or specific subject matter. Furthermore, GEO

objects to this Request as duplicative and cumulative of other, more specific Requests, such as

Requests Wand X. Subject to and without waiving GEO's above stated objections, GEO will



its possession, custody, and control, and following entry of a reasonable protective order, produce

relevant, responsive, non-privileged documents containing or reflecting communications between

GEO and ICE regarding the Voluntary Work Program at NWDC during the time period Chen was

a detainee at the NWDC. Should a class be certified in this case at a later date, GEO is willing to

meet and confer regarding additional information it will provide in response to this Request

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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subject to the Court's defined class period and subject to ICE approval and court orders. GEO is


REQUEST FOR PRODUCTION V: Please produce all contracts and agreements, and any addenda thereto, between you and ICE related to NWDC.

RESPONSE:

period relating to Chen's detention at the NWDC. Subject to and without waiving GEO's

definition and instructions objections, GEO will conduct a reasonable search of documents on

active electronic systems and reasonably accessible paper storage areas that GEO reasonably

believes contain potentially relevant information within its possession, custody, and control, and

produce relevant, responsive, non-privileged copies, to the extent they exist following entry of a

reasonable protective order, of all bids or contracts between The GEO Group, Inc. and

Immigration and Customs Enforcement ("ICE") regarding the Northwest Detention Center in

effect during the time Chen was a detainee at the NWDC. Should a class be certified in this case

at a later date, GEO is willing to meet and confer regarding additional information it will provide

in response to this Request subject to the Court's defined class period and subject to ICE approval

and court orders. GEO is withholding documents subject to the above stated objections.

REQUEST FOR PRODUCTION W: Please produce all proposals made by you to ICE, including any cover letters, submittal sheets, appendices, supplements, amendments, or addenda thereto, referring or relating to the contracts or agreements produced in response to the preceding Request for Production.

19 RESPONSE:

GEO objects to this Request as it is unbounded by time to the relevant time

GEO objects to this Request as seeking information outside of the scope of

discovery as the information sought is not relevant to the claims or defenses in this case.

Whatever proposals GEO made to ICE are irrelevant to the actual agreements between the two

entities and did not affect the programs available to Chen or the allowances provided by those

programs. GEO is withholding documents subject to the above stated objections and ICE's

approval.

REQUEST FOR PRODUCTION X: Please provide all documents referring to requests for reimbursement you submitted to ICE, and any responses thereto, for operating the Volunteer Work Program at NWDC.


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RESPONSE: GEO objects to this Request on the grounds that it requests information


privilege, and/or any other applicable privileges or immunities. GEO objects to this Request as it

is unbounded by time to the relevant time period relating to Chen's detention at the NWDC.

Subject to and without waiving GEO's above stated objections, GEO will conduct a reasonable

search of documents on active electronic systems and reasonably accessible paper storage areas

that GEO reasonably believes contain potentially relevant information within its possession,

custody, and control, and produce relevant, responsive, non-privileged documents, to the extent

they exist and following entry of a reasonable protective order, referring to requests for

reimbursement GEO submitted to ICE during the detention of Chen at the NWDC. Should a

class be certified in this case at a later date, GEO is willing to meet and confer regarding


class period and subject to ICE approval and court orders. GEO is withholding documents

subject to the above stated objections.

REQUEST FOR PRODUCTION Y: Please produce all versions of the NWDC Handbook from September 26, 2013, to present.

RESPONSE: GEO objects to this Request as the time period extends outside the relevant

time period relating to Chen's detention at the NWDC. Subject to and without waiving GEO's

above stated objections, GEO will conduct a reasonable search of documents on active electronic

systems and reasonably accessible paper storage areas that GEO reasonably believes contain

potentially relevant information within its possession, custody, and control, and produce relevant,

responsive, non-privileged final copies, to the extent they exist and following entry of a

reasonable protective order, of handbooks issued to detainees regarding the Northwest Detention

Center during the time Chen was detained at the NWDC. Should a class be certified in this case

at a later date, GEO is willing to meet and confer regarding additional information it will provide

in response to this Request subject to the Court's defined class period and subject to ICE approval

and court orders. GEO is withholding documents subject to the above stated objections.


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II1 BRANCHES LAW, PLLC Joan K. Mell


[email protected]



REQUEST FOR PRODUCTION Z: Please produce all documents reflecting any and all payments made by you to detainees as part of the Voluntary Work Program during the

2 class period.

3 RESPONSE:

4 class has not been certified in this case and, as such, no class period has been set. In addition,

5 Chen does not have standing at this time to seek redress of any alleged harm other than to

6 himself. Subject to and without waiving GEO's above stated objections, GEO will conduct a

7 reasonable search of documents on active electronic systems and reasonably accessible paper

8 storage areas that GEO reasonably believes contain potentially relevant information within its

9 possession, custody, and control, and produce relevant, responsive, non-privileged documents, to

1 o the extent they exist and subject to an appropriate protective order, sufficient to show payments

11 made by GEO to Plaintiff as part of the Voluntary Work Program. Should a class be certified in

12 this case at a later date, GEO is willing to meet and confer regarding additional information it will

13 provide in response to this Request subject to the Court's defined class period and subject to ICE

14 approval and court orders. GEO is withholding documents subject to the above stated objections.

15 REQUEST FOR PRODUCTION AA: Please produce all training and orientation documents used to train detainees participating in the Voluntary Work Program.

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GEO objects to this Request on the grounds it is overly broad because a

RESPONSE: GEO objects to this Request as it is overly broad because it is unbounded

by time. Chen does not have standing at this time to seek redress of any alleged harm other than

to himself. Subject to and without waiving GEO's above stated objections, GEO will conduct a



possession, custody, and control, and produce relevant, responsive, non-privileged final copies, to

the extent they exist and following entry of a reasonable protective order, of training and

orientation documents used to train Plaintiff at NWDC while participating in the Voluntary Work

Program. Should a class be certified in this case at a later date, GEO is willing to meet and confer

regarding additional information it will provide in response to this Request subject to the Court's


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defined class period and subject to ICE approval and court orders. GEO is withholding


REQUEST FOR PRODUCTION AB: Please produce an organizational chart sufficient to show your entire organization at NWDC during the class period.

RESPONSE: GEO objects to this Request as it requests information outside that which is

relevant to the claims and defenses in this case because it seeks information "during the class

period." There is no class certified in this case and therefore Chen has no standing to seek redress

of any alleged harms other than to himself. GEO objects to this Request on the grounds that it is

vague and ambiguous to the extent that it seeks information regarding "your entire organization at

NWDC." Subject to and without waiving GEO's above stated objections, GEO will conduct a



possession, custody, and control, and produce relevant, responsive, non-privileged final copies, to

the extent they exist and following entry of a reasonable protective order, setting forth the

organizational structure of NWDC during the time Chen was a detainee at the NWDC. Should a

class be certified in this case at a later date, GEO is willing to meet and confer regarding


class period and subject to ICE approval and court orders. GEO is withholding documents

subject to the above stated objections.

REQUEST FOR PRODUCTION AC: Rule 26 Initial Disclosures.

21 RESPONSE:


Please produce all documents identified in your

GEO will produce all documents identified in its Rule 26 Initial

Disclosures to the extent those documents have not already been produced and subject to an

appropriate protective order.

INTERROGATORY NO. 16: Please describe in detail what steps you have taken to preserve all relevant, or potentially relevant, electronically stored information, including but not limited to documents on any and all computer hard drives, servers, cloud based storage platform, and mobile devices concerning the claims alleged in the complaint.

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ANSWER TO NO. 16: GEO objects to this Interrogatory as outside of the scope of

2 discovery as the information it seeks is not relevant to the claims or defenses in the case.

3 Plaintiffs are not entitled to inquire into GEO's discovery process absent good cause. GEO has

4 complied with all of its obligations under the Federal Rules of Civil Procedure and has taken

5 appropriate measures to preserve information on relevant data sources.

6 INTERROGATORY NO.17:

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With respect to each affirmative defense you asserted in

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your Answer:

RESPONSE:

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b. c.

Describe in detail all facts upon which you base the affirmative defense, Identify all persons who have knowledge of those facts, Identify all documents that support your affirmative defense.

ANSWER TO NO. 17: GEO objects to this Interrogatory because it exceeds the number of

11 interrogatories (including discrete subparts) permitted under Fed. R. Civ. P. 33(a)(l). GEO

12 further objects to this Request because it is compound and contains three discrete subparts that

13 exceed the number of interrogatories (including discrete subparts) permitted under Fed. R. Civ. P.

14 33(a)(] ). It further seeks GEO to provide Chen a dress rehearsal of its trial strategies. Should

15 Chen wish to revise Interrogatories 5 and 17 to focus on a specific piece of information in each,

16 GEO will reconsider answering this Interrogatory ( and any other interrogatories up to the

1 7 prescribed 25).

18 REQUEST FOR PRODUCTION AD: Please produce a copy of all documents that relate to your answer to the preceding Interrogatory.




GEO's above stated objections, GEO will conduct a reasonable search of documents on active


contain potentially relevant information within its possession, custody, and control, and produce

relevant, responsive, non-privileged final copies, to the extent they exist and following entry of a

CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION.

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l O 1 9 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-25 l O ph




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reasonable protective order, relating to the affirmative defenses GEO is asserting. GEO is


REQUEST FOR PRODUCTION AE: Please produce all documents containing, reflecting, or summarizing any statements taken by anyone acting directly or indirectly on your behalf from any person concerning the allegations in the complaint.

5 RESPONSE: GEO objects to this Request as it requests information outside the scope of

6 discovery, because it seeks "any statements taken by anyone acting directly or indirectly on your

7 behalf from any person concerning the allegations in the complaint." There is no class certified in

8 this case and therefore Chen has no standing to seek redress of any alleged harms other than to

9 himself. GEO objects to this Request as overly broad and unduly burdensome as information

10 related to other detainees is outside the claims Chen is permitted to make at this time. Moreover,

11 GEO objects to the request insofar as it seeks information created by persons outside the control

12 of GEO. GEO objects to this Request on the grounds that it requests information protected by the

13 attorney-client privilege, the work product doctrine, the common interest privilege, and/or any

14 other applicable privileges or immunities. Subject to and without waiving GEO's above stated

15 objections, GEO will conduct a reasonable search of documents on active electronic systems and

16 reasonably accessible paper storage areas that GEO reasonably believes contain potentially

17 relevant information within its possession, custody, and control, and produce relevant, responsive,

18 non-privileged final copies, to the extent they exist and following entry of a reasonable protective

19 order, reflecting or summarizing any statements relating to the alleged injury to Chen concerning

20 allegations made by Chen in the complaint taken by personnel within the legal control of GEO.

21 GEO is withholding documents subject to the above stated objections. Should a class be certified

22 in this case at a later date, GEO is willing to meet and confer regarding additional information it

23 will provide in response to this Request subject to the Court's defined class period and subject to

24 ICE approval and court orders. GEO is withholding documents subject to the above stated

25 objections.

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28 CHAO CHEN v. THE GEO GROUP, INC. ECF CASE NO. l 7-CV-05769-RJB DEFENDANT GEO GROUP, INC. 'S RESPONSE TO FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTlON.

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] 019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph




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Dated: March 2, 2018 III BRANCHES LAW PLLC


By_-+--+-+---+--------- Jo ell, 1019 Regents lvd. Ste. 204 Fircrest, WA 98466 253-566-2510 (P) 281-664-4643 (F) joan@3 brancheslaw .com

NORTON ROSE FULBRIGHT US LLP Charles A. Deacon 300 Convent St. San Antonio, Texas 78205 Telephone: (210) 270- 7133 Facsimile: (210) 270- 7205 [email protected]

NORTON ROSE FULBRIGHT US LLP Mark Emery 799 9th Street NW, Suite 1000 Washington, DC 20001-4501 Telephone: (202) 662-0210 Facsimile: (202) 662-4643 [email protected]

ATTORNEYS FOR DEFENDANT THE GEO GROUP, INC.

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III BRAN CHES LAW, PLLC Joan K. Me11


joan@,3brancheslaw.com


EXHIBIT 6



ICE SPC/CDF Volunteer Detainee Wage Payments for Contract Years (CYs) 2009 - 2014 fype Payment 2009 2010 2011 2012 2013 2014 Total itractor $0.00 $0.00 $41,287.00 $43,041.00 $45,499.00 $39,113.00 $168,940.00 .tractor $6,472.00 $14,491.00 $28,309.00 $57,422.00 $42,762.00 $32,563.00 $'182,019.00 itractor $0.00 $0.00 $22,581.00 $23,379.00 $24,728.00 $1,059.00 $71,747.00 itractor $66,552.00 $68,009.00 $65,085.00 $66,736.00 $74,997.00 $13,253.00 $354,632.00 -ernrnent $47,031.00 $40,592.00 $44,781.00 $46,261.00 $48,978.00 $38,811.00 $266,454.00 itractor $14,781.00 $10,974.00 $10,707.00 $12,167.00 $12,745.00 $13,036.00 $74,410.00 itractor $0.00 $48,110.00 $45,461.00 $52,058.00 $51,967.00 $44,484.00 $242,080.00 .tractor $64,700.00 $69,113.00 $77,360.00 $81,716.00 $71,926.00 $35,528.00 $400,343.00 .tractor $0.00 $57,700.00 $65,919.00 $59,966.00 $41,809.00 $28,563.00 $253,957.00 .tractor $0.00 $90,074.00 $99,129.00 $120,073.00 $127,924.00 $127,196.00 $564,396.00 -ernrnent $61,164.00 $80,141.00 $83,865.00 $93,644.00 $97,300.00 $75,337.00 $491,451.00 .tractor N/A N/A N/A N/A N/A N/A N/A .tractor $66,389.00 $64,824.00 $73,097.00 $68,682.00 $68,200.00 $55,800.00 $396,992.00 itractor $327,089.00 $544,028.00 $657,581.00 $725,145.00 $708,835.00 $504,743.00 $3,467,421.00 :t Years. Facility contract start and end dates in each year are not the same for each facility.


EXHIBIT 7



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THE HONORABLE ROBERT J. BRYAN

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

CHAO CHEN, individually and on behalf of all those similarly situated,

Plaintiff,

V.

THE GEO GROUP, INC., a Florida corporation,

Defendant.

Case No.: 3: 17-cv-05769-RJB

GEO'S Fed. R. Civ. P. 26(a)(l) INITIAL DISCLOSURES

The GEO Group, Inc. makes the following initial disclosures pursuant to Fed. R. Civ. P.

26(a){l){A)(i):

INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION (Fed.R.Civ.P. 26(a){l)(A)(i))

Chao Chen and any other class member named in this lawsuit. Contact Information: Plaintiffs Counsel This is the named plaintiff who may have information relevant to his claims.

Representatives of DRS/ICE

Point of Contact:

GEO'S Fed. R. Civ. P. 26(a)(l) INITIAL DISCLOSURES 3:17-cv-05769-RJB 1 of4





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Mr. Yi or other DHS/ICE/ERO/OPR representatives may have information about the voluntary work program, the detainees, the ICE GEO contract, policies, procedures, protocols, and operations at the NWDC.

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James Yi Deputy Chief Counsel Seattle Office of the Chief Counsel/ OPLA Tacoma sub-office U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security Tel: (253) 779-6016 / Fax: (253) 779-6006

GEO Representatives Amber Martin - contract compliance David Venturella - operations Ryan Kimble - expenses

These individuals may be contacted through counsel for GEO.

DOCUMENTS AND TANGIBLE THINGS (Fed.R.Civ.P. 26(a)(l)(A)(ii))

The ICE GEO contract filed with the court; Dkt. Nos. 19 & 24

2011 PBNDS; Bates Nos: GEO-CHEN00000l - GEO-CHEN000455.

National Detainee Handbook, Bates Nos: GEO-CHEN000462 - GEO-CHEN000489.

Northwest Detention Center Detainee Handbook, Bates Nos: GEO-CHEN000511 - GEO-CHEN000548.

Chao Xing Chen - Detainee File; Bates Nos: GEO-CHEN000782 - GEO-CHEN000850 (Withheld subject to ICE clearance and entry of a protective order).

ICE's Enforcement & Removal Operations Report (2016); Bates Nos: GEO-CHEN000490- GEO-CHEN000510

Chao Xing Chen - Pardon File; Bates Nos: GEO-CHEN000549 - GEO-CHEN000768

Chao Xing Chen - ICE File; not yet available.

Chao Xing Chen - Payment Records; Bates Nos: GEO-CHEN000769 -

GEO'S Fed. R. Civ. P. 26(a)(l) INITIAL DISCLOSURES 3:17-cv-05769-RJB 2 of4

III BRANCHES LAW, PLLC JoanK. Mell




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GEO-CHEN000781.

L&I ES.A.I Minimum Wage Act Applicability; Bates Nos: GEO-CHEN000456 - GEO-CHEN 000461.

Chao Xing Chen - Tax Returns, not yet available.

Chao Xing Chen - DOC file, not yet available.

COMPUTATION OF DAMAGES (Fed.R.Civ.P. 26(a)(l(A)(iii))

Offset: $17 .12 per hour of participation in the Voluntary Work Program

Each detainee who elects to participate in the voluntary work program receives at least $27.12 per hour in compensation (room, clothing, food, laundry, utilities, etc.) in addition to the $1.00 per day allowance. This additional compensation of $27.12 per hour is calculated by taking FY 2016 expenditures of $7,636,984.00 divided by the average hours (1.72) multiplied by the total allowance paid ($157,913.00).

INSURANCE AGREEMENT (Fed.R.Civ.P. 26(a)(l(A)(iv))

GEO has not identified any applicable insurance coverage because the fulfillment of a federal contract is not a risk insurance companies underwrite.

Dated this 20th day of December, 2017 at Fircrest, WA.

Joan K. e I, Attorney for The Geo Group, Inc.

GEO'S Fed. R. Civ. P. 26(a)(l) INITIAL DISCLOSURES 3:17-cv-05769-RJB 3 of 4


IO 19 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph



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CERTIFICATE OF SERVICE

I, Joseph Fonseca, hereby certify as follows:

I am over the age of 18, a resident of Pierce County, and not a party to the above action. On

December 20, 2017, I electronically served the above GEO's Initial Disclosures, via Email to the

following:

Schroeter, Goldmark & Bender Adam J. Berger, WSBA No. 20714 Lindsay L. Halm, wSBA No. 37141 Jamal N. Whitehead, WSBA No. 39818 810 Third Avenue, Suite 500 Seattle, WA 98104 [email protected] [email protected] [email protected]

Sunbird Law, PLLC Devin Theriot-Orr 1001 Fourth Avenue, Suite 3200 Seattle, WA 98154 [email protected] w

Norton Rose Fulbright US LLP Mark Emery (Pro Hae Vice) 799 9th St. NW, Suite 1000 Washington, DC 20001-4501 (202)-662-0210 [email protected]

The Law Office of R. Andrew Free Andrew Free P.O. Box 90568 Nashville, TN 37209 [email protected]

Norton Rose Fulbright US LLP Charles A. Deacon (Pro Hae Vice) 300 Convent St. San Antonio, TX 78205 [email protected]

I certify under penalty of perjury under the laws of the State of Washington that the above

information is true and correct.

DATED this 20th day of December, 2017 at Fircrest, Washington.

GEO'S Fed. R. Civ. P. 26(a)(l) INITIAL DISCLOSURES 3:17-cv-05769-RJB 4 of 4




EXHIBIT 8


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Case 3:17-cv-05769-RJB Document 113 Filed 08/06/18 Page 1 of 3

I.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHING TON

AT TACOMA

UGOCHUKWU GOODLUCK NW AUZOR and FERNANDO AGUIRRE URBINA, individually and on behalf of all those similarly situated,

Plaintiffs, v.


Defendant.

CASE NO. 3:17-cv-05769-RJB

ORDER ON DEFENDANT THE GEO GROUP, INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT

THIS MATTER comes before the Court on Defendant The GEO Group, Inc.'s Motion to

17 Dismiss Plaintiffs' First Amended Complaint. Dkt. 91. The Court has considered the motion, the

pleadings filed in support of and opposition to the motion, and the remainder of the file herein.

The Court also considered oral argument on August 2, 2018.

Derivative sovereign immunity under Yearsley.

Defendant's motion first raises the issue of whether it should be entitled to "derivative

sovereign immunity" under Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18 (1940) and its

progeny, because if so, Defendant argues, the Court lacks subject matter jurisdiction under Fed.

R. Civ. P. 12(b)(l). On this issue, the motion should be denied without prejudice.

ORDER ON DEFENDANT THE GEO GROUP, INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT - 1



1 For purposes of this Order, the Court assumes that the Yearsley derivative sovereign

2 immunity issue is properly raised under Fed. R. Civ. P. 12(b)(l).

3 The parties are agreed on the Yearsley standard: Defendant is shielded from liability as

4 contractor providing services to the federal government, if: (1) the government authorized the

5 contractor's actions, and (2) the government validly conferred that authorization, meaning it

6 acted within its constitutional power. Dkt. 91 at 12; Dkt. 101 at 7. See Yearsley, 309 U.S. at 20,

7 21; Campbell Ewald Coe v. Gomez, 136 S.Ct. 663, 673 (2016); Cunningham v. Gen. Dynamics

8 Info. Tech., Inc., 888 F.3d 646 (4th Cir. 2018).

9 Applied here, as to the first Yearsley prong, a relevant inquiry for immunity to attach is

10 whether the government must have authorized only a $1 per day wage rate for detainees

11 participating in the Volunteer Worker Program (VWP) at the Northwest Detention Center

12 (NWDC), or if, in addition, whether the government must have also authorized an exception to

13 the requirement that GEO must abide by the "most stringent" of "applicable federal, state and

14 local labor laws"; and if so, whether that authority was validly conferred. Also relevant is

15 whether the government did, in fact, authorize the $1 per day wage rate.

16 Resolving these issues, at least at this stage, appears to be intertwined with the merits of

17 the case. The record on these issues may not yet be fully developed. The Court should refrain

18 from reaching their merits at present.

19 Because the Court should not reach the merits of the first Yearsley prong, the Court

20 respectfully declines to reach the merits of the second Yearsley prong. On the issue of whether

21 dismissal is warranted on grounds of derivative sovereign immunity under Yearsley, Defendant's

22 motion should be denied without prejudice.

23 II.

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Other grounds for dismissal.



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Defendant's motion also seeks dismissal on several other grounds. The motion seeks

"fresh consideration of its current arguments regarding preemption ... and the inapplicability of

[the State of Washington Minimum Wage Act]," Dkt. 91 at 20, which were addressed in a prior

order. Dkt. 28 ("Order on Motion to Dismiss Class Action Complaint for Damages"). A third

issue raised is whether dismissal is warranted for the failure to join the Department of Homeland

Security (DHS) and Immigration and Customs Enforcement (ICE), an issue also addressed by a

prior order. Dkt. 67 ("Order on Motion for Order of Dismissal Based on Plaintiffs Failure to

Join Required Government Parties"). The Court has again reviewed all three grounds for

dismissal in light of the record and procedural posture at present, and none is persuasive.

Defendant's motion should be denied as to the other grounds for dismissal: preemption, failure to

state a claim based on the inapplicability of the MW A, and failure to join required government

parties.

* * * THEREFORE, it is HEREBY ORDERED: Defendant The GEO Group, Inc.'s Motion to

Dismiss Plaintiffs' First Amended Complaint (Dkt. 91) is DENIED WITHOUT PREJUDICE as

to the Yearsley derivative sovereign immunity issue raised under Fed. R. Civ. P. 12(b)(l). The

motion is OTHERWISE DENIED as to the other grounds raised for dismissal.

IT IS SO ORDERED.

Dated this 6th day of August, 2018.

~+~ ROBERT J. BRYAN United States District Judge



Plaintiffs-Respondents,€¦ · DECLARATION OF JAMAL N. WHITEHEAD IN SUPPORT OF RESPONDENTS' ANSWER...

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