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In Ingrid Connally Nv Affadavit Prisoner Phone Call Surveillance 2011

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Case 3:08-cv-00353-GMN -VPC Document 207-13
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Filed 03/22/11

Page 30 of 35

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DECLARATION OF INGRID CONNALLY
I, Ingrid Connally, being first duly sworn, under penalty of perjury under the laws of the
United States declares and states:
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I have personal knowledge of the matters asserted herein and am competent

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to testify thereto, save for those matters asserted on information and belief, and for those

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matters, I am informed and believe them to be true.

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2.

I am informed and believe Plaintiffs John Witherow and Donald York Evans

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have named me as a Defendant in a lawsuit in the United States District Court, District of

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Nevada entitled Evans v. Inmate Calling Solutions, et. al., case number 3:08-cv-00353-

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GMN-VPC.

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From 2005 to the present I have been employed by the Nevada Department

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of Corrections ("NDOC") as a Correctional Officer at Nevada State Prison (UNSP") located in

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Carson City, Nevada.

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Beginning around the end of January 2008, I was assigned on a regular basis

to Unit 13 at NSP which was an segregation unit.
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While in Unit 13, the three other officers and I would rotate between running

the control room for the unit, also know as "the bubble", and working the floor which meant
actually walking the Unit 13 floor.

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When I was the officer running the control room, I was required to monitor the

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inmates' out-going telephone calls. These calls would be placed from one of two portable

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phones in Unit 13, one phone was designated for the approximately 30 inmates in A-Wing

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and the other was designated for the approximately 30 inmates in B-Wing. Monitoring was

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accomplished by using two speaker boxes that were directly wired into the phone lines for

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each of the portable phones.

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Personal calls could be monitored, but legal calls could only be monitored up

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and until the point in which the answering party identified themselves as an attorney or law

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office. There was no way to distinguish between out-going personal or legal calls as there

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was no caller identification and no way to tell if the call was being recorded.

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Case 3:08-cv-00353-GMN -VPC Document 207-13

Filed 03/22/11

Page 31 of 35

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When out-going calls were being placed, the only information available to me

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would have been the inmate's written request to use the phone. This request was supposed

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to identify the number and whether it was a legal or personal call, However, there was no

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way to verify the information the inmate provided in his request unless the out-going call wa

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initially screened.
In the event that the inmate had requested to make a legal call and the party

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would not identify themselves, I would only stay on the line only long enough to verify that it
was a legal call and as soon as I heard anything of a legal nature I would discontinue any
monitoring by flipping a switch on the speaker box in the control room.
10.

At no time was I ever told or instructed to monitor Plaintiff Witherow's legal calls

and relay any information that I overheard to the Nevada Attorney General's Office or any
other third party, As I never heard any of Plaintiff Witherow's alleged attorney-client
information, at no time did I ever relay any information I overheard from Plaintiff Witherow's
legal calls to third parties.
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Except for this lawsuit, I am unaware of any instance in which Plaintiff filed a

grievance or complained that I was listening to his legal calls beyond the point of initial
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screening to verify that it was an out-going legal call.
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Attached as Exhibit J is a true and correct copy of the Post Orders for Unit 13

which I used as a reference in performing my duties. Although this Post Order claims that it is

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for Unit 12, these Orders also applied to Unit 13 as both Units 12 and 13 were segregation

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units.

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I still work at NSP and believe that Unit 13 has not housed any inmates since

2010.

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Pursuant to 28 U.S.C. § 1746, Declarant herein certifies, under penalty of perjury

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under the laws of the United States, on March 18, 2011 that the foregoing is true and
correct.

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