Federal Judge to Maricopa County Sheriff's Office: DWB (Driving While Brown) Isn't Actually a Crime

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​Apparently it takes a federal judge to tell the Maricopa County Sheriff's Office that being Hispanic isn't actually illegal.

More than two years after a Hispanic father-son combo was arrested by MCSO deputies near the site of one of their infamous worksite raids, a federal judge ruled Monday that deputies violated the constitutional rights of the men.

Julian Mora, a legal permanent resident of the United States, and his son, U.S. citizen Julio Mora, were pulled over by sheriff's deputies while driving on a public roadway on February 11, 2009, during an MCSO immigration raid of a nearby landscaping company.

The Moras were ordered out of their truck, zip-tied, and transported to the site of the immigration raid, where they waited for three hours until it was determined the men were legally in the United States, according to the ruling of U.S. District Judge David Campbell.

The ACLU of Arizona and the ACLU Immigrants' Rights Project filed the federal lawsuit in August 2009 on behalf of the Moras, alleging that sheriff's deputies pulled over the men's truck only because of the color of their skin -- making the traffic stop illegal and violating their Constitutional rights.

"For far too long, Sheriff Joe Arpaio and his deputies have carried out these worksite raids in total disregard for people's constitutional rights," ACLU staff attorney Annie Lai says in a statement. "Today's decision should provide some comfort to citizens of Maricopa County that MCSO is not above the law."

The defense from the Sheriff's Office, coming from attorney Tim Casey, was that because of the number of deputies involved in the raid -- more than 100 -- they couldn't identify which deputies pulled over the Moras.

"Without that, there was no testimony on why they were stopped," Casey tells the Arizona Republic. "It was lack of evidence. They won because there's no evidence on that."

Still, Campbell's judgment states that the Fourth Amendment requires "some minimal level of objective justification" in a traffic stop, but instead, sheriff's deputies arrested the Moras "through a show of authority and the use of physical force."

Meanwhile, Campbell's judgment holds Maricopa County liable for the constitutional violations -- forcing a trial to be held to determine whether the arrests were racially motivated, whether Arpaio and the arresting deputies are liable as individuals, and any monetary damages the Moras will receive.

Read Campbell's entire judgment here.

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28 comments
mrg
mrg

Are we at some point going to declare war on Mexico in an effort to step up our war on drugs?

Sfefeedback
Sfefeedback

Only an absolute idiot would defend or support Joe Arpiao and his unethical cronies at the MCSD. What a bunch of ignorant, lawless, racist trash!

Gerry_C
Gerry_C

This sort of culture in a place like MCSO flows from the top down.

Walter Concrete
Walter Concrete

Make those lawful bullies with badges accountable for their actions such as terminations and personal responsibility for all these multi million dollar lawsuits. The first place you start is at the top. The sheriff is ultimately responsible for any actions by his officers. Enough of this corporate mentality that the CEO is not responsible and they only say "we're sorry" if anything at all. If we have to pay the bill then we should be able to kick some big bags of shit out of office like the sheriff and deputies who cause us to lose our tax dollars. If we don't have that ability then why are we responsible for their actions? Corporate law is why. Fuck the people all the time. This horseshit has to end.

XSoldier
XSoldier

Wonder how much taxpayers will pay the Moras for their injuries thanks to the Flaccid Fool?

Another fantastic example of Joe costing us money.....

Not surprised
Not surprised

So the old "My dog ate my homework assignment" excuse didn't cut mustard with the judge.

Really, a law enforcement agency that doesn't have, looses or allows department documentation to be "automatically be deleted" is seriously deficient! If MCSO emails are deleted into non-existence eafter 28 days, how long do they store their dispatcher's records?

In addition to MILLIONS of tax dollars spent on legal fees and settlements, how much is Maricopa County (ie. YOU and ME) having to pay to insure the MCSO?

It's time for some real leadership and business management at the MCSO. Arpaio is not the person to do job. It's time for a change.

Coz
Coz

So, Bozo Joe's NAZI SS Squad is at it again.

How much is this going to cost the tax payers....AGAIN !

Pit Boss
Pit Boss

100 sheriff's deputies for a raid on a landscaping business. This particular raid yielded, what, 60 arrests? I don't know what we'd do without this brave and honorable organization. I mean besides be a little bit wealthier.

mikefrombisbee
mikefrombisbee

And of course, no deputy would step up and say "I pulled the Moras over, cuffed them and detained them. And this is why."

Is that because no one remembered doing it?

Or is it because "all Mexicans look alike?"

I'm sure there are some good people working for the Maricopa County Sheriff's Department,

BUT

The mindset of the administration and the level of corruption, cronyism and cultivation of the cult of personality inherent within the MCSO would seem to suggest that a certain level of mindless brutality and an indifference to adhering to the law - unless it was "Joe's Law" - was looked at as admirable qualities in personnel. That would certainly explain the rash of incompetent, laughable action that characterize the immigration sweeps.

Fed up with Joe
Fed up with Joe

The reason they could not identify the deputies involved in the raid was that officers failed to step forward. Is that not a coward act on the part of MCSO's finest?

DemMessage CenterAz
DemMessage CenterAz

The Arizona Republic left out the fact that Julian Mora is a legal permanent resident and Julio Mora is a US citizen. Thanks for including this pesky little detail!

ExpertShot
ExpertShot

Illegal immigration has been a longstanding issue in the United States, creating immense controversy. Harvard University economist George J. Borjas explains that the controversy centers around the "huge redistribution [of wealth] away from [unskilled American] workers to [American employers] who use illegal immigrants.

Go after the employers boys (MSCO Officers) and stop jacking Arpaio's re-election bid off. You'll only get a little squirt!

FormerRepublican
FormerRepublican

decades of a destructive culture that puts ALL at risk, not just immigrants. Only the ALL don't think it's about them...

XSoldier
XSoldier

Currently Nazicopa County has a $5 million deductible which taxpayers pay before any insurance kicks in. I bet after the MCSO shurf gets indicted and convicted Nazicopa County's deductible will rise to $10 million.....

Gizzards
Gizzards

If they checked the booking reports or radio calls they would find out real quick. all that was probably deleted by now..if even recorded.

Tommy Collins
Tommy Collins

Because of the role modeling from the shurf down, there is no expectation within MCSO that any of them do the moral and ethical thing. Have you seen the video of the deputy making a traffic stop wearing a balaclava? Damned if I would stop if he approached my car...

Ij
Ij

That makes them ah LEGAL!!

Coz
Coz

But of course, they seem to leave the truth out of a lot of things

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