Joe Arpaio Still Wants to Racially Profile Latinos: His Lawyers File Notice of Appeal in Melendres

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News flash: Joe Arpaio's still a bigot and the MCSO wants to continue discriminating against Latinos

Sheriff Joe Arpaio's lawyers submitted a notice of appeal in Melendres v. Arpaio, the ACLU racial-profiling lawsuit, which Joe recently lost, big-time.

Currently, both sides in the case are attempting to come to some agreement on a consent decree that would enforce federal Judge G. Murray Snow's order to the MCSO to halt its prejudiced policing toward Latinos.

See Also:
Joe Arpaio B-Day Bomb: Judge Wants Monitor in Melendres

Also filed is a docketing statement giving a brief outline of the general issues the appeal will cover.

These include whether or not Snow committed "reversible error" in enjoining MCSO from activity that resulted in racial profiling, such as detaining people suspected of being unlawfully present in the Unites States but who are not suspected of a federal or state criminal violation.

Also at issue is whether or not the court erred in finding that the MCSO violated the Equal Protection Clause of the U.S. Constitution.

Basically, the MCSO wants to be able to racially profile brown folks again.

Stanley Young, lead attorney for the plaintiffs in Melendres, issued the following statement:

"We believe that the Sheriff's appeal is without merit, either because the issues he raises have already been resolved on a prior appeal, or incorrectly state what the District Court did, or assert claims that are not sustainable based on the facts and the law.

"We assume that this filing is intended to protect the Sheriff's ability to appeal. As both sides told the court on June 14, we will continue to discuss a potential agreed upon remedial order and will report back to the court in August. "

Read the sheriff's lawyers' notice of appeal in Melendres.
Read the docketing statement with the issues on appeal.

The Maricopa County Board of Supervisors would have to vote on funding any possible appeal. So far, a vote has not been scheduled.

The main sticking point is the appointment of an independent monitor. The plaintiffs want one. And Snow has said he's inclined to appoint one as well.

The sheriff's lawyers, of course, object to a monitor. Even if the parties fail to agree on a consent decree, they will submit proposals August 16 and then go before Judge Snow at the end of August to discuss the matter further.

Ultimately, Snow's word will rule as the appeals process plays out, unless the U.S. Ninth Circuit Court of Appeals issues a stay, which is seen as unlikely.

Note: An earlier version of this blog item was posted by mistake. Sorry for any confusion.


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156 comments
RENEGADE
RENEGADE

ARPAIO HAS  RIGHT TO APPEAL JUST LIKE SB070 CLOWNS APPEALED. LEAVE ARPAIO ALONE OR ELSE. JOE WILL WIN!

svivar9087
svivar9087

Boy !....ya'll in AZ must be rich...how much has this man cost you folks ? 

AND the meter keeps running...AMAZING !

bobby5527
bobby5527

hooray for joe, using taxpayer funds to finance another appeal on an issue already settled. my father, myself, and brothers all served fighting for our country. now, to visit us in arizona my brother and his wife (both born & bred in the U.S.) are so paranoid they traveled with birth certificate and passport . and not all undocumented citizens are criminals or identity thieves. the majority do look for honest work as my wife did when she first came here 27 years ago from Great Britain. joe should stick to playing cops and robbers with his buddy segal.oh,  and the only people i know on food stamps are caucasians.

Gina Wilkinson-Montague
Gina Wilkinson-Montague

while I agree with you about child molesters and sex offenders, the truth is, illegal aliens usually aren't "just" working for low wages; they've usually stolen someone else's identity, etc and, more often than not, are collecting welfare in some way, shape, or form.

Kaytee Fournier
Kaytee Fournier

The point is he needs to look for more DANGEROUS criminals.... like all the known child molesters he managed to forget/ignore, or even his own damn officers' involvement in assault/homicide. If all an illegal immigrant is doing is their minimum (or below) wage job, I couldn't care less. That should be how it is. Jesus Christ, a 95 year old infamous Nazi who is guilty of way crimes was just found hiding out in Minnesota for the last 65+ years. But here, Joe actually cozies up with KNOWN white supremacists. If you honestly cannot see the corruption behind that, it just proves everyone should have to pass an IQ test for the right to vote...

Gina Wilkinson-Montague
Gina Wilkinson-Montague

if you have a white guy robbing banks, are you going to look for a black guy? geez, people, use some common sense. 99% of illegal aliens in this state are Latino.

robert_graham
robert_graham

You all better be scared, be very scared because once the appeal is heard, Arpaio will prevail.

MaskedMagician1967
MaskedMagician1967 topcommenter

Why is the MCSO shurf even bothering to appeal?

Between this and the latest round of MontyPug bullshit, our limited tax dollars are really being used well.

I'd be willing to bet that if the 9th Circuit court of Appeals upholds Judge Snow's ruling, and Arpaio appeals that, the Supreme Court refuses to hear it.

JustThinking
JustThinking

@RENEGADE Or else what? We would love to know, please enlighten us as to what the "or else" will be

RENEGADE
RENEGADE

@bobby5527 HOW MUCH MONEY DOES ILLEGAL ALIENS COST TAXPAYERS? HOORAY FOR THEM WASTING OUR MONEY. THE MORE THE BETTER.

RENEGADE
RENEGADE

@scott.huminski FOR YOUR INFO, MELENDRES CASE WAS BUNCH OF CRAP. TRUTH WILL COME OUT AT APPEAL. ITS BOZOS LIKE YOU WHO FILE FRIVOLOUS LAWSUITS. I READ ALL ABOUT YOU IF YOU'RE SAME ANARCHIST WHO LIVES IN GILBERT.

RENEGADE
RENEGADE

@Gina Wilkinson-Montague AND ILLEGAL ALIENS COST US ALL.

RENEGADE
RENEGADE

@Kaytee Fournier YOUR COMMENT IS CLASSIC COPOUT.

RENEGADE
RENEGADE

@Gina Wilkinson-Montague TRUE!

david_saint01
david_saint01 topcommenter

@Gina Wilkinson-Montague lol thats a very large assumption based on no facts..

RENEGADE
RENEGADE

@José Roberto Orellana YES ILLEGAL ALIENS WASTING TAXPAYERS MONEY.

RENEGADE
RENEGADE

@Don Blank FROM THE LOOKS OF YOUR PIC YES YOU ARE A PIG.

david_saint01
david_saint01 topcommenter

@JoeArpaioFan actually it shows why there SHOULDNT be one..cause those armed idiots shoot the wrong person, its the tax payers that will have to pay the lawsuits...

JustThinking
JustThinking

@JoeArpaioFan WTF should we be scared of shithead?????? If he does win nothing changes, he gets away with whatever he wants and we all pay the bills. Again what the fuck should we be afraid of?

robert_graham
robert_graham

@MaskedMagician1967 You're hoping that the 9th Circuit upholds Judge Snow's ruling but if not that the Supreme Court will refuse to hear the case.

Think again!

Snow erred when he made his ruling; it was simply for political gain. Arpaio's arguements are VALID so the Supreme Court will hear it if necessary.

You better be scared, very scared because Arpaio will prevail and you will lose.  Do you complende?

yourproductsucks
yourproductsucks

@MaskedMagician1967

Why is the MCSO shurf even bothering to appeal?

Because he has the right to do so.  I don't get those of the mind that condemn others for exercising their rights.  The system allows the right to appeal and provides a process for doing so. 

RENEGADE
RENEGADE

@david_saint01 IT IS FACT THAT 99 PERCENT OF ILLEGAL ALIENS HERE ARE HISPANIC. YOU JUST DON'T WANT TO ADMIT IT CAUSE SHE IS RIGHT.

david_saint01
david_saint01 topcommenter

@RENEGADE from the sounds of your comments you are an uneducated dumb ass. 

RENEGADE
RENEGADE

@JustThinking ARPAIO WILL WIN BECAUSE ILLEGAL IMMIGRATION IS ILLEGAL AND HE ENFORCES THE LAW. IS THAT TOO HARD FOR YOU TO UNDERSTAND?

MaskedMagician1967
MaskedMagician1967

@JoeArpaioFan

Judge Snow gains nothing politically from making a legal decision based on the facts and evidence presented. That's his job.

The 9th Circuit very likely will uphold Judge Snow's ruling. And the U.S. Supreme Court can reject Arpaio's petition to hear the case if they so choose. 

The only thing Arpaio will prevail on is wasting limited taxpayer cash on a frivolous appeal. Do you comprende? 

danzigsdaddy
danzigsdaddy topcommenter

@JoeArpaioFan @MaskedMagician1967  Joe may be the one who erred. the BOS hasnt approved the expense of the appeal yet. he may have jumped into that without having the money to pay for it 

MaskedMagician1967
MaskedMagician1967 topcommenter

No Robert, AARPaio is appealing because he has a Constitutional right to do so.

I firmly believe the Flaccid Failure will lose his appeal and taxpayers are on the hook for its cost.

I'm not worried at all. I want AARPaio to lose. It'll confirm what people already know about him.

danzigsdaddy
danzigsdaddy topcommenter

@JoeArpaioFan how you or I feel about his guilt or innocence doesnt really matter in the outcome of this case. it isnt up to us to decide the final decision. there are people in prison who are innocent, so you cant say without a doubt that he will prevail. are you willing to accept the cost of all of the cases that will come IF he loses? I feel he will lose, and i am not wanting to pay for all of the cases that will follow IF he is the loser in that appeal. guilty or innocent, he should have just worked with the courts and accepted a monitor. he is turning a case that wanted no punitive damages into a case that could cost us more than twice what it has already and then open the door for hundreds of cases that could all be seeking millions in punitive damages. i hate the guy, but i am trying to look at it logically. you should be looking at the possibilty of him losing and just exactly what kind of domino effect that will have. i feel he will lose, but i cant set that in stone, you feel he will win and you most definitely cant set that in stone either. try to see it from this stand point, how many cases have you said he would win, yet he settled? that isnt a win, its a withdrawl from the fight. Joe has more withdrawls than wins by far

MaskedMagician1967
MaskedMagician1967 topcommenter

I guess I should have better clarified my position YPS.

Why is the MCSO shurf even bothering to appeal despite the BOS not rendering a decision to fund an appeal and the odds of overturning Judge Snow's ruling against the spiteful old man?

He certainly is entitled to due process. However, I believe it will be a serious waste of limited taxpayers money to appeal and risk losing and having to pay the plaintiffs appeal costs.

WhoKnows
WhoKnows topcommenter

@yourproductsucks @MaskedMagician1967 

When did the BOS approve the money he needs to pay for the appeal?


Or is Arpaio paying for this out of his own pocket?

david_saint01
david_saint01 topcommenter

@RENEGADE @david_saint01 LMAO oh really? prove it then..cite stats or evidence..

JustThinking
JustThinking

@RENEGADE @JustThinking Is it hard for you to understand it's also illegal to use racial profiling in the manner your buddy Joe is? Is it hard for you to undertsand it's illegal to kill inmates? Is it hard for you to understand that Joe is costing us MILLIONS and we get nothing from it? Turn off the cap lock dumb ass just makes you look more ignorant

MaskedMagician1967
MaskedMagician1967 topcommenter

David, I firmly believe the 9th Circuit Court of Appeals will uphold Judge Snow's ruling and if Arpaio wants to appeal that decision the Supreme Court will decline to hear the case.

danzigsdaddy
danzigsdaddy topcommenter

@Flyer9753 here's my question, if the BOS shoots down funding this appeal (that he filed without knowing where the money is going to come from) ........where does the financial responsibility lay?  is it on Joe himself or does it lay at the expense of MCSO funding? if it lays on Joe's doorstep or on MCSO's............are they also going to be liable for all the costs that can be incurred after they lose? and will that change the financial responsibility of any future litigation?

Cozz
Cozz

@MaskedMagician1967  

Cost is no object when it the tax payers money and not Bozo Joe's personal money he's flushing down the toilet.

danzigsdaddy
danzigsdaddy topcommenter

@TommyCollins this one was not for money............ but all the ones that will follow will be.  its like the movie "Field of Dreams"    i can hear a spectral voice warning  "if you sue him...........they will come"

TommyCollins
TommyCollins topcommenter

@danzigsdaddy Just a point, Zigs, there is no payout in the form of a judgment in this civil action. The plaintiffs sued to force MCSO to stop racially profiling and to change their operational policies and tactics. The only payout, as such, is to the law firm that will get fatter off the taxpayers in a lawsuit that has already been decided against MCSO.

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  oh i agree, he did do it and he will lose. but it is of my belief that when he does lose, it will count as more than one loss which indicates a history or priors (according to the law) which will make more cases easier to win just like Al Sharpton, Larry Klayman and many others..........people will come to Az to get on the legal gravy train that will be started rolling once Joe gets the appeal handed to him as a loss. we will be the ones on the hook for each and every one of those cases that will be won. In my opinion, Joe should have just accepted the loss and agreed to the monitors. that would have shown compliance and the desire to fix a problem. that in itself would have stopped a lot of the cases that are coming

MaskedMagician1967
MaskedMagician1967 topcommenter

Zigs, even with just Judge Snow's ruling in effect, we can expect more and larger payouts.

I've stated emphatically I think the Flaccid Failure will lose his appeal and I think it's a substantial waste of limited taxpayers money.

History shows how taxpayers money has been needlessly wasted on the Flaccid Failure and his bullshit.

danzigsdaddy
danzigsdaddy topcommenter

typo...........whether or not he is guilty is what i meant 

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  everybody looks at it different JAFfy looks at it as Joe will win and that that win will will stop further cases from coming up. I look at it as Joe should not appeal, because i feel he will lose and when he does it will open the door for many more and much bigger payouts. only time will tell who is right, but the one thing we are all agreeing on (from JAFfy to myself) is that it IS costing us money and WILL cost us money we are just all disagreeing on what the eventual outcome will be. i cant blame a guy for trying to beat a case whether or not he is innocent, but i can be pissed for being on the hook to pay for it

TommyCollins
TommyCollins topcommenter

@WhoKnows The BOS has NOT approved payment for an appeal. A Notice of Appeal filing has been entered to start the appeal process. The BOS will have to address the projected cost of any appeal before they can go forward, unless the law firm wishes to represent MCSO pro bono, which isn't likely.

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