Joe Arpaio's Racial Profiling Case: Summary Judgment Hearing Set for December 22

joe_arpaio1.jpg
Where should this man be spending his retirement? Federal prison, of course...

If there were Black Hole of Calcutta for bad sheriffs, is there any doubt that Joe Arpaio would be in it? 

Arpaio, the biggest un-indicted criminal in Arizona, is responsible for so much malfeasance, illegal activity and human misery, that his Teflon Don persona continues to amaze, even as the nearly 80 year-old autocrat is looking at running for re-election in 2012, yet again.

But there are signs that some of his shenanigans are finally being halted. 

Such could be the case with the now four year-old civil rights lawsuit Melendres v. Arpaio, in which clients represented by the ACLU (the American Civil Liberties Union) and MALDEF (the Mexican American Legal Defense and Educational Fund) have charged Arpaio, his underlings and the Maricopa County Sheriff's Office with a pattern of racial profiling during its Hispanic-hunting sweeps of Latino neighborhoods.

Yesterday, federal Judge G. Murray Snow ordered a hearing with two hours of oral arguments for December 22 in a motion for summary judgment and other pending motions. You can read the order, here

He's also asked for a supplemental briefing on various issues and pointed out things he wishes addressed in court. 

Based on these, were I one of Arpaio's lawyers, I would not be looking forward to the hearing. 

As you can see, many of Judge Snow's questions have to do with what inferences he should make regarding the MCSO's illegal destruction of thousands of documents requested by plaintiffs in the case.

Snow also instructs attorneys from both sides to address issues raised by the U.S. Ninth Circuit Court of Appeals' decision earlier this year in United States vs. Arizona, where the appeals court upheld a lower court's enjoinment of Arizona's breathing-while-brown-statute Senate Bill 1070.

Snow offers the following inquiries to the parties in the case, which I think are worth reproducing at length:

In United States v. Arizona...there is no "federal criminal statute making unlawful presence in the United States, alone, a federal crime"...Such violations, as well as other immigration "status" offenses according to the case, constitute civil violations of federal immigration law.

The Arizona case also makes clear two additional points: (1) "states do not have the inherent authority to enforce the civil provisions of federal immigration law," and, (2) that "an alien's admission of illegal presence . . . does not, without more, provide probable cause of the criminal violation of illegal entry."

In light of these and the other holding of United States v. Arizona, and in light of the revocation of MCSO's 287(g) status for conducting field enforcement operations as of October 16, 2009:

1. What good faith legal basis is there, if any, for MCSO to assert that it has the authority going forward to enforce civil violations of the federal immigration law?

2. What good faith basis is there, if any, for MCSO to assert that it presently has the authority pursuant to any enforceable state or federal law to detain any person based upon a reasonable belief, without more, that the person is not legally present in the United States?

3. What good faith legal basis is there, if any, for the proposition that Whren v. U.S., 517 U.S. 806 (1996), justifies pretextual stops for the ancillary purpose of investigating civil immigration violations when the officer conducting the stop does not have the authority to enforce civil immigration violations?

4. What good faith legal basis is there, if any, for asserting that prior to the revocation of MCSO's field enforcement authority, an officer who was not 287(g) certified had authority to detain someone for any period on the reasonable belief that the person was not in compliance with the civil immigration laws of the United States?

5. On what basis, if any, did Officer DiPietro form a belief that Ortega-Melendrez was committing a criminal violation when he was sitting in the vehicle which Officer DiPietro stopped?

6. Does the MCSO continue to assert that it presently has the authority pursuant to any enforceable law to detain any person based upon a reasonable suspicion, without more, that the person is not legally present in the United States? Please identify the basis for that authority in light of United States v. Arizona.

7. What other good faith arguments are there that the Court either lacks the authority or otherwise should not enjoin the MCSO from seeking to enforce federal civil immigration law, or otherwise conduct stops of persons based only upon a reasonable suspicion, without more, that the person is not legally present within the United States?

Keep in mind that racial profiling is not just an objectionable practice, it is both unconstitutional and illegal. 

Which is no doubt why MCSO flunkies destroyed docs that would serve as evidence of their culpability.

Joe's boys in beige have already been busted for racial profiling: Specifically, in the case of father and son Julian and Julio Mora --- a legal resident and U.S. citizen respectively -- during a 2009 MCSO immigration raid on the Phoenix firm Handyman Maintenance, Inc.

The Moras' illegal arrests, detention and humiliation at the hands of sheriff's deputies -- all because the Moras were brown and the elder Mora spoke Spanish and wore a Mexican-style cowboy hat -- ended up costing the county $200,000 in a settlement

This, after the judge in the case ruled that the Moras' Fourth Amendment rights had been violated and the county was liable for damages.

Though such discrimination has been popular with some of Sand Land's redneck voters, it's becoming less so. 

Bigotry will not score you a job in a down market, pay your mortgage, or buy your kids groceries or Christmas gifts, folks are learning the hard way.

Moreover, to pay for his racial-profiling sweeps and raids, Arpaio illegally swiped $100 million from protected county funds. Some of that also went to bankroll Arpaio's vendettas against county officials and judges. 

Such corruption should be the focus of Arpaio's foes in the coming election, as should the ultimate cost in legal fees for defending Arpaio in Melendres. Particularly when he's forced to abide by the pending judgment of the court. 

Which at this point, does not seem inclined to rule his way.

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89 comments
ExpertShot
ExpertShot

I just hope to god they indict the constitution shredding bastard and that part of his indictment is for the thievery that he and his wife have been engaging in with the inmate accounts and over-priced out of date food they sell in the dispensing machines in the jails.  That's GOT to be illegal!!!!

Jeffrey
Jeffrey

WE ALL LOVE JOE....illegals have no rights

heymo
heymo

the flaccid fool lol

DPSnAZ
DPSnAZ

Britannicus  -   somewhere in your lenghty post you you say something to the effect of "We are in agreement ......." .  Who is "we", man? I'm a little confused here. Could it be that you are referring to the little men sitting in your ears, whispering sweet nothings to you? Please explain!

HolyCowRJustBull
HolyCowRJustBull

Oh no! Please don't ask Britannicus to post again! I already busted by scroll knob...

Susan Rastella
Susan Rastella

I have worked as a bail bond agent here in Phoenix for many years and have had many opportunities to see the injustices that occur in the Maricopa County Jail System.  Sheriff Arpaio is a plague to our county and state.  He might have started out with good intentions but he has turned into one of the most corrupt law enforcement officials I have ever heard or read about.Bottom line......SHERIFF JOE HAS GO TO GO!  Waiting for him to lose in November 2012 is too long.  How many new victims (i.e. El Mirage) will he ignore, how many illegal arrests will occur, and how many people will be subject to revenge by Joe?  He needs to go - NOW.

Tina
Tina

Just got to keep the pressure on him.  The latest, the countless number of reported sex crimes against children  over a period of years, which were never even investigated much less prosecuted, has now hit the national news,  It was first reported in the press in 2008, in the EV Tribune's Pulitzer Prize winning series they did on the MCSO.  

Finally those horrors are getting national attention.  I seriously doubt that the Sun City folks, whom Arpraio has been conning for years,  will be accepting of that outrage.  Read Laurie Roberts'  column in today's Republic.   

Red River Rover
Red River Rover

What a fricking circus...

While the ol' Pink Panty PoopButt and the attorneys are busy coming up with his line of crap defense for those oral arguments, he best look over his shoulder to another pressing problem he's about to have to face.

> > Arizona Rep. Raul Grijalva called for Joe Arpaio to resign after accusations> > that the Maricopa County Sheriff botched over 400 sex-crime investigations> > in a period of three years.

See: http://tinyurl.com/Arpaio-sex-...

He must be too busy to be bothered, what with the his profiling during his Hispanic-hunting sweeps of Latino neighborhoods.

The Maricopa County Arizona people are getting screwed... But that's a given.

~Red~

Anon
Anon

And MCAO Thomas/Aubuchon role in all that?

ExpertShot
ExpertShot

The entire mission of the wealthy is to make those who have less wealth, less powerful - so as to further exploit their labors. This is what I learned in Business School at Arizona State University when I was obtaining my degree there in business management. 

This is the "Follow the Money" theory of social engineering.  To find out this is true - because I know you won't believe such a thing from little ole me - go to a book called "The Prince" by Niccolò Machiavelli. 

http://en.wikipedia.org/wiki/T...

I would refer you to Sumer as another example, but it is a bit too far removed from present history: http://en.wikipedia.org/wiki/H... People, fellow citizens, PLEASE(and I'm talking to everyone - left, right and center), there is only one political theory that matters - the one which is utilized by the winning side.  Ever notice that the losers in politics never have the ability to write the history of what was done?  He who neglects what is done for what ought to be done, sooner effects his ruin than his preservation.— Machiavelli, "Chapter 15", The Prince, Gutenberg.org, retrieved 2011See the above? That's why we have in this country, a script plagiarised and written by the rich.  If you read, even a little, about U.S. political history from the perspective of the rest of the world (and I don't mean the multinational one-world corporate world), you will see the dicohtomy clear as day.  I suggest you all read The Prince and find out how to tell whether your being nice to the "job creators" or just bending over and taking their full load up your ass.

Gerry_C
Gerry_C

"Which at this point, does not seem inclined to rule his way."

His order basically requests that MCSO give him a reason founded in law not to rule against MCSO.

Follower_of_the_ONE
Follower_of_the_ONE

     The motto used to be "innocent until proven guilty", well so I was told.  Now more and more, the opposite is true.  You sit in Arpiao' tent city in 122 degree weather, languishing for months... and that's before the trial.  If found innocent at trial do you then still have to pay "room and board"?  So it's good to see that logic extended to MCSO... I have weighed the evidence, I've made my decision, now can you prove me wrong for my ruling?

Susan Rastella
Susan Rastella

You need a little jail schooling.  First, you are not assigned to the tents until your are sentenced.  Unsentenced inmates are not housed in them while waiting for trial (or plea agreement).  Therefore your comment "languishing for months" is totally inaccurate. 

The jail also does not charge for "room and board".  They did at one point charge one dollar a day for meals but that was determined to be illegal and was discontinued.  

I bring this up only to illustrate how many others "weigh the evidence".  This is how Joe keeps getting re-elected.  He puts out enough fake "news" to obfuscate the real newsDo not mistake me for a pro-Joe person.  I have worked as a bail bond agent here in Phoenix for many years and have had many opportunities to see the injustices that occur in the Maricopa County Jail System.  Sheriff Arpaio is a plague to our county and state.  He might have started out with good intentions but he has turned into one of the most corrupt law enforcement officials I have ever heard or read about.Bottom line......SHERIFF JOE HAS GO TO GO!  Waiting for him to lose in November 2012 is too long.  How many new victims (i.e. El Mirage) will he ignore, how many illegal arrests will occur, and how many people will be subject to revenge by Joe?  He needs to go - NOW.

Follower_of_the_ONE
Follower_of_the_ONE

Thank You Susan, I am glad you set me straight, in doing so you communicated worthy information to a number of misinformed individuals...  And I most definately agree Joe has to go.

Not Surprised
Not Surprised

We can fix this.  We can vote in a professional law enforcement manager and leader to replace Joe "I can't remember" Arpaio.

VOTE STAUFFER FOR SHERIFF 2012

Wanumba
Wanumba

The only original thing that comes out of Arpaio every day is collected in his adult diapers.

tijuana
tijuana

If only Eric Holder wasn't a corrupt, little criminal himself, greaseball might already be in jail.

Gerry_C
Gerry_C

Judge Snow is getting down to the details of the law, which is where this case should be decided.  I agree that it might not be a slam dunk of a case if I was the Sheriff's Attorney or Attorneys.  However, it will be vastly profitable.  Economic Stimulus for Lawyers, courtesy Joe AARPaio.

Anon
Anon

Gerry_C, You're spot on! Why would any lawyer want to change Arizona's poorly written laws when they get rich from this abuse of power and dysfunction.

Alexander Khan
Alexander Khan

Fu cking Mexicans looking for anything and everything to Occupie this Country, but IT won't happen since we are already armed and ready to send you all back in body bags no matter what.

Follower_of_the_ONE
Follower_of_the_ONE

Khan man already has an obstructive occupation situation to deal with.  His cranium is severely impacting his rectum rendering shit for logic.  As testament... good idea announcing your plans for invasion... that should put every racist, gunslinging, Arpiao loving, intellectually challenged individual from Nogales to Little Rock on full alert.  You could it make easier by listing names, license numbers, stolen SSI numbers etc... Incidently you didn't mention body armor in list of imagined battle regalia... might want to add some tanks too.

mikefrombisbee
mikefrombisbee

It's "occupy," not "occupie." Been up all night tweaking?

tijuana
tijuana

Congratulations you are a sick piece of shit. Have you ever thought of going down to Guadalajara and saying the shit that comes out of the anus in your face? Why don't you go down to Mexico and say this stuff to a Federale?..oh that's right your a gutless little fuck boy.

bobunf
bobunf

What part of "illegal" do you not understand, Khan?

Jason
Jason

What does Occupy Phoenix have to do with a corrupt and mentally ill old man known as the MCSO shurf and this December 22 hearing?

This hearing is about potential racial profiling on the part of the MCSO. As we all know, the MCSO and the MCSO shurf do indeed racially profile. The taxpayer-funded $200K cash settlement paid to the Moras prove it.

bobunf
bobunf

Not to mention about a thousand other cases where the County settled; and tens of thousands of others where people just walked away saying "forget it."

Dave Francis
Dave Francis

 

ILLEGAL IMMIGRATION, GINGRICH, E-VERIFY, AMERICAN WORKERSAND YOUR TAXES.

Unless theformer speaker’s supporters thrust him back from this plan of promising thiseven bigger amnesty, than the giant blanket amnesty of 1986 thatwas supposed to be the first and last one ever will be dwarfed in comparison. Probablythe largest portion of the TEA PARTY membership; clearly recognized as the ‘AmericanPeople’ of every racial persuasion, of every background, every age group andfaith relationship are against a mass amnesty.

 

The most recent poll finds that Republicanvoters have elevated Newt Gingrich to presidential front runner status. But itis hard to consider that those supporting him concur with his  amnesty agenda or are even alert that Gingrichsuggestion sounds like it would give U.S. jobs and residency to approximately3.5 million illegal aliens (according to a new Pew Hispanic Center study)     

 

You can send an email toGingrich by Google his site  http://www.newt.org/contact. Click on the "Platform" option and make him aware of what youwant him to change and how you feel about his immigration platform. 

 

GINGRICH,BUSH & OBAMA SEE ONLY THE OPTIONS OF DEPORTATION OR LEGALIZATION (Attritionthrough Enforcement isn't in their terminology) Go toNumbersUSA to study the damage of legalizing of at least 3.5 million willcause. Of course that is if you accept the ridiculous notion that only 11.5million migrants and immigrants have settled illegal in America. More near themark is somewhere over 20 million population figure.

 

Gingrich agrees with former PresidentBush and also Obama that the only major exceptions for illegal aliens aredeporting them or legalizing them (choices that almost all Liberal mainstream pressalso insist on). 

 

His official immigration proposal givesno tip-off of recognizing that there is a third option --  ‘ATTRITION THROUGH ENFORCEMENT ‘ purges thejobs and welfare magnets for foreign nationals, thus that they will self-deportback to their homes in other nations. Hence, Gingrich is at odds with most ofthe other GOP candidates and most GOP Members of Congress, The Tea Party whofavor the Attrition alternative.

 

PROBLEM IS sincebrazenly advocated his legalization agenda in the debate last week, he has informedhis critics by telling them to read his official “TEN STEPS TO A LEGAL NATION “andhis “7-Point Plan.” Those have read this roadmap to legalization and studiedboth and are more alarmed than ever.  

We are in agreement with Gingrich andwith the Pew Center that Gingrich is not suggesting-- a blanket amnesty contrastingdifferently from Bush and Obama. There are two key opportunities in Gingrich'sproposals so far for limiting the harm:

 

Because Gingrich would never tolerate his amnestied illegal aliens to become U.S. citizens, they would not be able to use the CHAIN MIGRATION CATEGORIES TO BRING INTO AMERICA UNCEASING LINES OF EXTENDED FAMILY MEMBERS from their homelands.   The 1986 President Reagan amnesty naturalized an estimated 3 million illegal aliens.  But seeing as millions more of their relatives have been brought to this country, it multiplied the harm to American workers, infrastructure and taxpayers. The cost supplied by the Heritage Foundation for a blanket amnesty, was around the $2.6 Trillion dollars for processing. During the processing hundreds of thousands of illegal aliens were admitted through the use of fraudulent documents. 

Currently, though, voters should not bemisinformed by Gingrich's public use of examples of illegal aliens who havebeen in the U.S. for 25 years. What about 20 years or even 10 years? Even 5 yearsis not mentioned?  Nothing on his websiteor the ‘10 Step or 7 points’ limits that Gingrich Amnesty proposal to peoplewho have been here 25 years or more. In fact, nothing puts any kind of timelimit. To qualify for the Gingrich Amnesty right now, one need only have “deepties” of “family, church and community?”

  

Gingrichsupporters should require him to at least persuade a 25-year residencyrequirement in his website amnesty plan. Otherwise we could end up withmillions more people attracted by his clemency and rising the costs to evenhigher layers of schools for their children, health care, the food stamps, WIC,Aid to Families with DependentChildren (AFDC); WIC a federally-fundedhealth and nutrition program for women, infants, and children.  WIC helpsfamilies by providing checks for buying healthy supplemental foods from WICK-authorizedvendors, nutrition education, and help finding healthcare and other communityservices. Low income housing, and even more supplementary programs, which ourold, infirm and homeless are ineligible for?

 

This is your money the government is spending, taking itforcibly from your taxes. Go to any emergency hospital they are packed withforeign nationals with their children. Go to any border state school that has apresent enrollment of 87 percent children of illegal aliens. It costs $113billion dollars annually now Heritage Foundation), that is going to spiral toanother astronomical figure in another year, five years or ten? Then go toArizona, Alabama, Georgia, South Carolina, Utah and Indiana and observe thelong lines of people—American residents and even more foreigners with hugenumbers of babies in baby carriages and walking beside the mother, waiting toget in the Department of human services, waiting to get a charge card. God!American cannot even feed their own families or keep a roof over their head? THESE ARE ALL UNFUNDED MANDATES LEFT FORYOU TO PAY?

 

 

The paramountproblem is, if Gingrich wins and passes his idea of an amnesty to the Congress,then on being made law millions more will try and reach this nation? One theclarion call goes out from word of mouth, across the airwaves—unfettered numberswill be encouraged to come?

 

Sovereignty minded Americans shouldcontact the Ways and Means Committee accountable for bringing ‘The LegalWorkforce Act’, bill H.R.2885 to the House floor in Congress. Only the Americanvoter or legal resident has a voice in this urgent matter, which will decreaselarge numbers of jobs procured by the 8.2 illegal workers, which is estimatedto self-deport. The number to call for the Washington politicians is202-224-3121. The legislators need to pay attention to the People, instead ofmisleading us anymore. If you have further questions read about the widespreadcorruption in the federal and state governments at ‘Judicial Watch.’  Be attentive that the TEA PARTY does not agreewith any kind of Amnesty, Dream Acts or Sanctuary cities.

teknik1200
teknik1200

Gingrich has been bought and paid for already.  If you think he'll be working for anyone other then the folks that have already make him millions and millions of dollars peddling "government influence" you are sorely mistaken.

do you really want a puppet to take control of this country?

mikefrombisbee
mikefrombisbee

Cut and paste - this is a skill you learned at age six, yes?

Ross
Ross

The Republic didn't go far enough.  New Times comments should be accompanied by a driver's license scan.

BsMa
BsMa

Hi, Brittanicus' mom here again. As you can see, my son would rather play cut and paste than take a bath and get a job. I keep encouraging him, hoping that even at 45 he'll move out of my basement, give up on hating Mexicans and maybe find a nice girl to settle down with. But I realize in my heart of hearts it's too late. I blame myself for homeschooling him all those years and for bottle-feeding him and keeping him diapers past 8. When he's not eating government cheese and griping about how illegals took the job he's never had, he's playing World of Warcraft. My son the loser.

shadeaux14
shadeaux14

Have you ever considered making your position on birth control RETROACTIVE???

Follower_of_the_ONE
Follower_of_the_ONE

Maybe you set your hopes and expectations of grandchildren too high... I think junior is swinging in the other court... perhaps offering him tickets for the "Princess Gay Cruise" would be more appropriate to his sexual desires... just don't mention the hispanic cabin boys.

bobunf
bobunf

Yuck! Not this shit again.

Jason
Jason

The GOP presidential ticket will more than likely be between Gingrich and Romney.

Do us all a favor. Please. STFU and GTFOOH!!

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