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Graves v. Arpaio, No. 08-17601

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By FindLaw Staff on October 13, 2010 7:10 PM

Appeal from Prison Reform Injunction by Arizona Sheriff Joe Arpaio

In Graves v. Arpaio, No. 08-17601, Maricopa County, Arizona sheriff Joe Arpaio's appeal from the district court's order requiring him to take affirmative measures to address conditions in Maricopa County jails that violated the Eighth and Fourteenth Amendments, the court affirmed the order where 1) it was not an abuse of discretion for the district court to hear evidence on both rights and remedies at one hearing; 2) the district court did not clearly err in finding that air temperatures above 85° F greatly increased the risk of heat-related illnesses for individuals who took psychotropic medications; and 3) there was no error in ordering prospective relief to address inadequate food.

As the court wrote:  "Defendant Joseph M. Arpaio, the Sheriff of Maricopa County, appeals the district court's Second Amended Judgment. The judgment requires him to take affirmative measures to address conditions in Maricopa County jails that violate the Eighth and Fourteenth Amendments. Sheriff Arpaio challenges two provisions of the Second Amended Judgment: its requirement that he provide pretrial detainees taking psychotropic medications with housing in which the temperature does not exceed 85° F, and its requirement that he provide detainees with food that satisfies the United States Department of Agriculture's Dietary Guidelines for Americans ("Dietary Guidelines")."

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