New video shows what a notice of claim to the Arizona Department of Corrections, Rehabilitation and Reentry calls assault and battery of inmates by corrections officers at Arizona State Prison Complex Lewis from June 1st, 2025.
According to a Department of Corrections use of force report, the incident began when a sergeant used force on an inmate who the report says refused directives to tuck in his shirt and became aggressive. The report states that the inmate continued to refuse directives, balled his fists, and stepped toward the sergeant, making chest contact with him before being taken to the ground.
Other inmates on the red recreation yard observed the confrontation and began surrounding staff. Inmate Kelly Lipsey, who filed the Notice of Claim told ABC15 by phone, he and others came out to check on the inmate who had been taken down — not to fight.
"The inmate's mouth was bleeding, so I and other inmates came outside to check on him," Lipsey said.
"We were not violent towards any officer. We didn't punch, scratch, nobody. There was no violence," Lipsey said.
The DOC use of force report states that by approximately 1:29 p.m., the Tactical Support Unit and K9 units arrived on site with approximately 100 inmates still out on the red yard. According to the report, inmates continued to refuse all verbal commands, and TSU deployed chemical agents on a group of approximately 20 inmates in order to get them to comply with directives.
"No de-escalation tactics were used or attempted whatsoever," Lipsey said.
Attorney Benjamin Taylor, one of Lipsey's representatives, says the response by officers went too far.
"These prison guards overreacted and overstepped their boundaries by committing an assault against Mr. Lipsey and the other inmates," Taylor said.
The DOC use of force report and video document additional force used as officers worked to lock down the rest of the facility. According to the report, another inmate on the blue yard was pepper-sprayed and taken to the ground by five officers after allegedly refusing directives. Multiple inmates were also struck with pepper balls — including one inside a dorm — after the report says he refused to lock down following multiple warnings. The video of that incident has no audio to confirm that account.
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The post-incident review, signed by the warden, notes that the review team identified a specific concern about how the incident began.
"The sergeant did not de-escalate the situation," the review team leader wrote in the report.
The warden's final comments state: "The force used overall during the response was reasonable and necessary. However, the initial use of force by the sergeant was viewed as unnecessary by the committee."
The report also states the sergeant was placed on no inmate contact pending completion of an administrative inquiry. The Criminal Investigations Unit determined the matter was non-criminal.
The DOC report documents multiple inmate injuries. One officer reported injuring his hand while assisting with an inmate restraint and was sent to Abrazo Buckeye hospital for treatment. The report notes the Barchey unit was not fully secured until approximately 3:34 p.m. — more than 2 hours after the incident began.
Lipsey's notice of claim — a precursor to a lawsuit — details serious physical injuries he says he sustained, including a concussion he says led to permanent memory loss, headaches and blurred vision.
"I'm not supposed to get punished — this is just supposed to be a place where I come serve my sentence," Lipsey said.
"The state and these prison guards have an obligation to protect these prisoners and keep them safe," Taylor said.
"People need to understand what goes on in the prisons — you have people just standing there, not doing anything wrong, and they're being assaulted," Taylor said.
The Arizona Department of Corrections, Rehabilitation and Reentry did not address the allegations directly, saying ADCRR does not comment on notices of claim or pending litigation.
“Our clients believe that this could be a racially motivated attack on them,” Taylor told ABC15. “You can't attack a person because of their race or their color and because this was happening to mostly African American prison inmates, it makes you wonder why did they spray them um when they were just standing there not doing anything wrong."
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