Joe Arpaio Can be Sued by Detained Hispanics: Judge Grants Class Status in Lawsuit to Hispanics Stopped by Arpaio's Deputies, Orders Halt to Human-Smuggling Enforcement in Current Form









Image: Ray Stern
MCSO deputy hassling a Hispanic.

U.S. District G. Murray Snow ruled today that any Hispanic stopped by Sheriff Joe Arpaio's deputies since January 1, 2007 -- or will be stopped in the future -- can sue the Sheriff's Office in a class-action lawsuit. The ruling in the Melendres racial-profiling case also enjoins the Maricopa County Sheriff's Office from detaining any person based only on the belief that the person might be in the country illegally.

At yesterday's hearing, Arpaio's lawyer said such a prohibition would hamper the ability of MCSO to conduct law enforcement in general. While that may have been an exaggeration, it seems clear the ruling will make it difficult for the sheriff to conduct enforcement operations based on the state's human-smuggling law. That law is how Arpaio justifies the saturation patrols in which illegal immigrants are rounded up.



Snow's latest ruling also hands Arpaio's office some minor victories, including the dismissal of two counts regarding David and Jessika Rodriguez, who say they were hassled while driving near Bartlett ake. The ruling doesn't dismiss the case in favor of the plaintiffs, so in that respect it shows that Snow isn't fully convinced -- something Arpaio's lawyer brought up yesterday.

Snow wants a trial to decide the issue, obviously -- but it'll be one in which he's the prime
fact-finder, and one in which he's already signaled in another ruling made public today that he's not happy with the MCSO's dirty tactics, both in the case and on the streets as probable profilers.

If you've been waiting for serious action to come down against Arpaio, this is it.

Here's the ruling:

Class Action Granted


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201 comments
Joseph_sadowski
Joseph_sadowski

I am surprised Sheriff Arpaio has not started a Petition to Impeach the Federal Justices of the court for violating the Laws, this is not a hard task, all he has to do is show evidence the cars were legally stopped, and like any contraband, showing is reason enough to question the information, 12 people laying down in a van in the middle of the night is reasonable doubt, the Sheriff can show this is political, because it is a federal Court Justice to enforce federal laws, which the judges are not, and lastly the Justice awarded illegal aliens to illegally sue the Sheriff’s department, which shows the Federal Court Justice is a menus to the Court and the Citizens of the country and the citizens of the state, *The Judge is in direct conflict with the Law an Law enforcement Duty, as a Federal Jurisdiction the Judge has a duty to examine details of how the vehicle got stopped, there was reasonable cause to be stopped, they spoke Spanish, not English, meaning to come into this country legally a person must be able to understand and speak English to get any green card or visa or any working papers, this is reasonable Doubt, wherefore the sheriff has a right to ask questions, and at that point if they admit being brought into the country illegally and by whom, then the sheriff has a right to arrest any suspect for trafficking,*It is time to take our country back and this can be done legally, by using the same laws already written and are enforceable today, mean that the citizens can petition the House for the impeachment of any justice, and with the evidence a vote must be taken upon the evidence and it is then sent to the senate, for an impeachment trial, finding the Justice liable to the state, losing his immunity and all his assess are then put up for the civil trial for is crimes, *I for one am down for the petition and the impeachment of any and all Supreme court Justice and Federal Court Justice who violates the laws and causes a liability to the citizens of the state, the country, the freedom of the American Dream, which we are a nation, which stands under rule of law, and any Justice who believed they are above God himself should be placed in Jail and lose everything he or she has!*It is time for the People to awaken from this nightmare, and clean out court system as it was intended to be!

Jmbecker
Jmbecker

If i had my way, I would put the old man punk in pink , then have every mexican  in mexico piss on him, for the scum buket he truly is. would like to see how brave he is ones he goies to jail, and has to  face the ones he has put there. How brave would he be with out a badge?  I would beat his ass to a pulp. but that is just me

Nan
Nan

If I have to show my passport to go to Mexico and to be allowed to return to the USA, the people that are pulled over for real traffic violations and are ask what country they are from, should have to show a legal passport or identification to show they are citizens or in OUR country legally.  Welcome to the USA to all LEGAL ALIENS.  Those of you who do not support what the sheriff or the border patrol does, I guess you enjoy paying for the ILLEGAL ALIENS to be here.

Ken
Ken

Yes, the illegals and Obama want to put Arizona so deep in trouble financially by doing this so that they cannot afford to enforce the laws against being in our country illegally, and to try to divert their attention away from their jobs of protecting the citizens of Arizona!  Obama and his judges should be thrown in jail for this. He has done more to destroy this country than anyone in history! And he bypasses law itself to protect illegals. This whole newspaper seems like a glad rag for what is wrong with our country! What a disgrace!

victor salas
victor salas

I agree and support to change the Immigration lawlessness. Starting with ICE OR DHS which was called the INS before. To Reform the current laws or to better them! Anyway when I am in Mexico we, the Mexicans don’t give a crap about how they see the world because we have our own way of seeing It., and not only us but the rest of the countries of the world. in other words it is a very big planet and it just doesn’t belong to them. the world does not go around the US, it is not the center of the Universe hello? And they call this place America? In part they´re are right and that is because they´re are also immigrants. It should be called the U.S. some Mexicans have been here since the beginning, And most Americans have been here for 200 years some are just a few generations old immigrants from the rest of the world and Mexico but they deserve to be respected even Illegals. Share the Land people. Americans as well as a lot of Mexicans are newcomers, second, 3rd, 4th generation but are full righted Americans just like the first ones that were here. Now there are lots of anti immigrant organizations that feel that this country belongs only to them. The Tea party, minuteman for example organizations of ex- Hitler followers, Kukuxklan remnants of the Nazi Germany who fled to Italy, Argentina and the US. An evil and oppressed almost extinct race that are coming back using the beautiful US banner as if it was theirs only, and using all these poor illiterate white, black, Hispanic, Chinese and even Mexican people to believe in their stupidity, promoting hate. But we the real Americans are not going to allow that! they are going down and back to that same hole where they were, because that’s where they belong: in hiding! but recently they saw the Immigration problem as an opportunity and unfourtunately they are gaining a lot of momentum and support by the American people who are supplying them with millions and millions of dollars for their cause (hate, mixed with ignorance).

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6668537Nonukes
6668537Nonukes

Can't we still sue the MCSO for not prosecuting employers who knowingly hire undocumented workers?  Shurf Arpayoso didn't arrested that Tolman character who owned the cleaners and helped Olivia Cortez who hired (and then didn't pay completely) that undocumented woman.  I believe that part of SB1070 is still in effect.  Let's sue that bastard and hang him on his own petard.

Rollem45
Rollem45

Just heard Jack McIntyre bellowing on and on in an effort to defend his loser boss Arpaio. McIntyre sounded like Bagdad Bob hours before Saddam Hussein was run out of Iraq. As the legal losses continue to mount against Arpaio so will the loss of votes. Now how about a candidate.  

WhoKnows
WhoKnows

And how does the Joker respond?  He's taking a couple days off to get on the Rick Perry Tour bus in Iowa!

Gwmwllc
Gwmwllc

When will the Mexican occupation of the US end? Sherrif Joe is one of a few law enforcement individuals who understands a simple fact: "illegal immigrant" = an individual who is not in the United States legally. Being that the "illegal immigrant" has broken our  (and Barrack Hussien Obwama's) Federal Immigration Laws and entered the United States through illegal means, he / she is subject to a crime and as such, he / she is subject to deportation. Is that difficult to understand?

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RM
RM

Hilarious! The DUI task force made 46,000 stops since Thanksgiving with 2800 arrests ... I guess 43,200 people need to sue the state for infringing on their rights !

New Times finds a handfull of people that were detained in an illegal alien sweep and blathers on for years and 43,200 people were stopped and released and not a word! ... come on New Times! You used to be worth reading when you put out cutting edge stories now it is the same B.S. each week.

Coz
Coz

Because it just became a class action, this probably also means the current insurance deductible Maricopa County has because of Bozo Joe of 5 million will only cover the first 5 million since it's now all one civil suit..

Which means the tax payers will be on the hook for the 10's of millions of dollars that will be awarded.

If it does in fact payout 100 million, the tax payers get stuck for 95 million.

Like I said, get ready Maricopa County tax payers, Bozo Joe is about to get shoved up everyone's ass for generations to come.

TimFromLA
TimFromLA

http://en.wikipedia.org/wiki/G... career

U.S. District G. Murray Snow was nominated by President George W. Bush on December 11, 2007, to a seat vacated by Stephen M. McNamee. He was confirmed by the United States Senate on June 26, 2008, and received his commission on July 23, 2008.He ain't no liberal. Arpaio's funked

Dorazio Consulting
Dorazio Consulting

Dorazio Consulting211 East 81st StreetNew York, NY 10028     USADorazioConsulting@yahoo.com December 24, 2011 To The ICC Prosecuters, INTERPOL, Human Rights Solicitor GARETH PEIRCE, and The World Press:  These are opinions based on known facts. Wishing you a Merry Christmas,  Joyous Holidays and Happy New Year, 2012! Our astute ASU investigative and research team will ask GABRIELLE GIFFORDS's colleague and ARIZONA STATE SENATOR KYRSTEN SINEMA to investigate the following allegations against alleged BUSH-CIA SNITCH JAMES KING, a plant "reporter" for www.PhoenixNewTimes.com .   From our colleague Vinnie's ASU Team: We hope that SENATOR SINEMA CASTRATES this scumbag, before she throws him in prison. Credible evidence and witnesses indicate that www.PhoenixNewTimes.com's alleged "reporter" JAMES KING (James.King@newtimes.com) is a BUSH CABAL and ROGUE CIA PUNK and a DRY SNITCH for the CORRUPT PHOENIX POLICE DEPARTMENT. JIMBO gave himself up with the extensive coverage of GABBY's shooter LOUGHNER, a ROGUE CIA "sleeper assassin."  He was also sucking up to THE BUSH CABAL withcoverage of the University of Arizona'sbuildings dedicated to the SONS OF SATAN (Bush Cabal).  The loser KING went out of his way to COVER-UP the BUSH CABAL and ROGUE CIA's complicity in the TUCSON murder of the FEDERAL JUDGE and the attack on well-liked AZ LEGISLATOR GABRIELLE GIFFORDS, a friend and colleague of AZ STATE SENATOR KYRSTEN SINEMA. We welcome a response/rebuttal from JAMES KING, and will construe his silence as an indication of guilt. Your move, KING.  It's only going to get worse.  Time to SING LIKE THE LITTLE COWARDLY CANARY YOU ARE. Jim Dorazio, and colleagues         

PTCGAZ
PTCGAZ

yes, I agree. No crime really should carry a death sentence but that is another issue entirely.

Gerry_C
Gerry_C

If the voters of Maricopa County won't fix this problem, the lawyers will.  Sometimes it takes a few multimillion judgment to get an automaker to change a defective design.  So far, that has not worked for Maricopa County relative to AARPaio (aka OSB).  If this think goes as a class and it costs us an average of  $50K per "victim" to dispose of these issues, that is $100M if we have 2,000 victims in the class.  These sort of cases have been settling for between $100 and $200K.  That could lead to a much worse situation and may be more likely than $50K because more facts are in play with the DoJ and other cases maturing and illuminating the Sheriff's behavior.  Since our kids don't pay taxes, my wife and I will owe about $220 for this as our share if it costs us $100M.  I surely believe that the Joe Show is not worth it.  I would rather the county do something more productive with my money than fund this bloated egomaniac.

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MerryXMas
MerryXMas

This is the best news I've heard for a long time. Thanks PNT for all the great reporting you do. You stay on top of the real important issues again thank you. 

Coz
Coz

Come to Arizona, retire, raise a family, open a business...and you don't have to worry about being racially profiled (unless you're Mexican) in sunny Arizona...

LOL...all this does such wonders for attracting tourist, new businesses and new life...

thedivineprocess
thedivineprocess

Another low life stinky savage that we have to have shoved down our throats , that's so awesome and cool and progressive, loving all the changes  and increased devouring welfare of baby making meatheads we get to pay to shit out babies in America, so they can destroy the white man and over take his country and try to completely unemploy them to show their snide gratitude, it cool ya gotta be tolerant to the self righteousness. Hey, we want to come to your country and turn it into a sewage pit like we did ours. KEEP EATIN YOUR FAT PEOPLE FOOD AND THINKING SUPER IDIOTS ARE Soooooo SOPHISTICATED. How do ya'll wipe ya'lls asses??? And I love how they love to use the word "No"  as if we are being graced by their wisdom and insight. Ya don't need to reply with the typical comments, I Know, I'm an ignorant, uneducated gringo, ....dribble, dribble, dribble, .... blah, blah, blah and you you piss in my face.Please go and take your fat, flat ass women with you. Sorry It has become a bit tooooooo much please quiet making babies to try to take over our country with your cheezzz. 

Bobunf
Bobunf

GW hit the "illegal alien invader" auto-reply key.  It must such to have to work on the Holiday.

Rollem45
Rollem45

Relax Henny Penny! The sky is not falling and the border is still being patrolled by the US Border Patrol and local law enforcement from the most southern border of Maricopa County to the Border of Mexico. Sadly for you and many like you Joseph M Arpaio has made you believe that he truly cares about the illegal immigration which is actually not true. Joe Arpaio did NOTHING about illegal immigration for over a decade and only began talking as if he cares in 2007 during the last election cycle. Once elected, Arpaio was given more national attention and cuddled with politicos and grabbed resources and monies from the State that could have been used by sheriff's closer to the border!

wherewasi
wherewasi

Arpaio is a disgrace to law enforcement and loves to trample the constitutional rights of US Citizens.  Is that difficult to understand?

Rollem45
Rollem45

So you are agreeing that Arpaio only arrested a handful of illegals?

Kay
Kay

You just don't get it, do you?  DUI Task forces use sobriety check points that stop and check "ALL"  vehicles passing through it.  This means that they are not targeting race, ethnicity, or skin color in violation of the US Constitutions 4th Amendment.  Read the US Constitutions Bill or Rights!!!  And if you don't like what it says, you can either try to change it through prescribed processes or you can move somewhere that doesn't give a damn about theirs...like Mexico for instance.

wherewasi
wherewasi

Ooopsies!  Looks like Dora-the-Explorer-zio forgot to take his meds again...

WhoKnows
WhoKnows

You kow this story was by Ray Stern and not King, right, or is your reading and comprehension skill so low that you missed that part?

Coz
Coz

Because it just became a class action, this probably also means the current insurance deductible Maricopa County has because of Bozo Joe of 5 million will only cover the first 5 million since it's now all one civil suit..

Which means the tax payers will be on the hook for the 10's of millions of dollars that will be awarded.

If it does in fact payout 100 million, the tax payers get stuck for 95 million.

Like I said, get ready Maricopa County tax payers, Bozo Joe is about to get shoved up everyone's ass for generations to come.

Truth To Power
Truth To Power

When I read the ruling, I didn't see where they were asking for monetary damages, but I guess that doesn't mean they couldn't get something. Does anyone know otherwise?

If you look at what has been paid out and what is pending, it's over one quarter of a BILLION (yes, with a B) dollars that Arpaio has and could cost taxpayers. If this were any other county in the nation, Arpaio would be gone. I fault the media and the inept Democrats for failing to turn up the heat on this joker and keep it on him. They're too afraid of "hurting reader/viewership" or "other candidate's chances." As a result, we get a megalomaniac who says he is tough on crime, but the only thing he's tough on is the Constitution and the rights of his fellow citizens "who look like they came from another country." I bet he'd arrest his own father if he came to Arizona today. 

It is possible to get rid of Arpaio at the ballot box, but you're not going to do it with $150,000 like Dan Saban had. You'll need $1M minimum. You need to capitalize on the outrage of the rights violations, jail house deaths, unjustified investigations, election scams, and quarter billion dollars of wasted money through fraud and abuse. Jerry Lewis beat Russell Pearce with 1/3 the money. The same thing can happen to Arpaio and like Pearce, most of Arpaio's money comes from outsiders.

Are there business people, retirees, and regular folks from within Maricopa County who can cough up the $1M?  Sure. Will they be willing to do that? I'm doubtful because Arizonans are a cheap bunch and if an issue doesn't affect them directly, they don't get involved--and neither do the Democrats. That's how we got Arpaio. That's how we got Pearce. That's how we got Brewer. That's how we got other nitwits like Seel, Smith, Harper, Gould, Kavanagh, etc. 

I hope I'm wrong and the fact a mean, senile, intellectually lazy bully like Arpaio is finally crossing enough lines to motivate communities of people to toss his incompetent ass out of office. That some people think this old man is the only person in Maricopa County who can run the MCSO is simply ludicrous. We need a new generation of leadership who can address the real problems without violating the law and blowing taxpayer money, not someone who relives the cold war and recalls fondly working with Central American dictators. 

PTCGAZ
PTCGAZ

I read a report about tourism and how the threat of SB1070 made it so that Mexicans would rather shop elsewhere when they come to the US for a visit.Telling isn't it? they let blind hatred and racism ruin businesses.

Ken
Ken

Illegal aliens have NO Constitutional rights! They are law breakers and are here illegally. The US Constitution is NOT their constitution! Stop the lies and protecting people who break the law!

Bobunf
Bobunf

You're too hard on the Mexicans.

Tommy Collins
Tommy Collins

This is just a cut and paste of an email that has been sent. It goes directly into my trash file. Best to not even respond.

Coz
Coz

Well, we know for sure he doesn't consult based on facts...

Bobunf
Bobunf

You left out Lori Klein of the pink gun and Scott Bundgaard.

We did get rid of Pearce, and the forces are gathering to get rid of Arpaio.  Too bad it's taken this long.

shadeaux14
shadeaux14

"Edmund Burke said all that is necessary for the triumph of evil is that good men do nothing. Do not allow evil to triumph. Do not do sit by and do nothing."

The above quote is one way to get rid of Arpaio and his culture of abuse.

IF there are enough good men, and women in Maricopa County.I have my doubts.

Anon
Anon

Truth to Power, Truly outstanding comment that ALL the public needs to see. Please write and Op-Ed for the AZ Republic as well. Remember, we saw it first in the PNT.

DPSnAZ
DPSnAZ

Excellent post, Truth, I couldn't have said it better. You hit the nail on the head!

Joseph_sadowski
Joseph_sadowski

Yes You are right to a Point, the Point is that is always the Illegal Aliens, here in New York New Jersey and all points north except for Maine you find it is up to 80% of all child rapist are Illegal Aliens and the numbers run the same for murder, so it is my opinion, you remove the Illegal Aliens and then you have most of the problem taken care of, I Praise this Sheriff and his department for his work, Work that most all other states are refusing to do, even if it is against the law to be illegal Alien and when these people have documents that are fraud this makes them felons the same standing as a Bank Robber, Yes I do not want them walking on our streets,

Gussian Russian
Gussian Russian

Here's the problem.

Children were raped.. Not only is that horrible enough for a child to go through, but coming forward to tell someone is even more traumatic.

What happened to the people who raped these children ?? NOT A THING

The Sheriff and his posse were all too busy doing the spanish speaking (wow that spanish isn't quite as offensive as raping children, is it ? ) roundup... MCSO claimed they didn't have the resources to investigate approximately 400 horrible violent crimes against the children they are sworn to protect.

It's a matter of priorities.  Do I want illegal immigrants here ? NObut please sweep up the child rapists FIRST, I don't care what color they are or where they are from or whether they are in the country legally because they are RAPING OUR CHILDREN.

These children, after summoning the courage to come forward, were ignored by MCSO.

THAT is the crime the Sheriff committed against LEGAL residents....and our children.

http://www.abc15.com/dpp/news/...

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