U.S. District Judge G. Murray Snow Sets Up Sheriff Arpaio for Knockout in Racial-Profiling Case; Ruling Describes Deputies' Dirty Tricks

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U.S. District Judge G. Murray Snow
U.S. District Judge G. Murray Snow set up Maricopa County Sheriff Joe Arpaio for a knockout in his latest ruling on a racial-profiling lawsuit.

Snow's ruling (see below) in the Melendres Vs. Arpaio case eviscerates the Sheriff's Office for its record-shredding tactics, noting that deputies intentionally destroyed records that revealed their unethical enforcement operations. The ruling, made public today, comes a week after the Department of Justice revealed that a three-year investigation concluded Arpaio's shop routinely violated the rights of Valley Hispanics.

At a hearing in the lawsuit yesterday, Snow told Arpaio's attorney, Timothy Casey, that he believed a legal stance used by the Sheriff's Office to justify its human-smuggling-enforcement operations was "wrong." That could mean the end of another justification Arpaio's been using to bust illegal immigrants and generally hassle Hispanics.

The lawyers for Arpaio and for the plaintiffs (the latter represented by Covington & Burling, the American Civil Liberties Union of Arizona, and MALDEF, the Mexican American Legal Defense and Education Fund) agreed with Snow yesterday that the judge would be the "finder of fact" in the potential trial.

Now this "finder of fact" is saying that, at trial, he'll assume that Arpaio's office intentionally tried to screw the case because they know they're guilty of racial profiling.

The plaintiffs include Ortega Melendres, a legal resident picked up by deputies for no good reason and held for hours, U.S. citizens playing Spanish music chased and held at gunpoint by deputies, and a Hispanic man and his wife targeted at Bartlett Lake. Attorneys have asked Snow to certify the case as a class-action suit, which would open it up to countless victims of what a DOJ expert called the worst example of racial profiling in U.S. history.

Snow handed down sanctions against the Sheriff's Office last year for destroying records.

The thing we find hilarious about this part of the story: The dopey deputies thought they had shredded all the relevant documents, but their antagonists at county headquarters quietly preserved some of the data by funneling it to their own storage banks. Not everything was preserved, however.

Still missing are many "stat sheets" filled out by deputies that contain information about their work during saturation sweeps (a.k.a. immigrant round-ups).

Snow ruled that he'll infer the missing stat sheets show that deputies did not practice a "zero-tolerance" rule for stopping motorists during the sweeps. After all, he notes, some of the preserved stat sheets belie the idea that a zero-tolerance rule was in effect.

In other words, deputies ignored the traffic violations of a white motorist while others  pulled over Hispanics for the same violations. The arrest data on the destroyed stat sheets, Snow ruled, would show a difference in the type of people busted in the sweeps than in normal patrol operations.

Letters by local bigots apparently helped spur Arpaio and those under his command to launch the sweeps -- that much has already been shown. Snow will assume at trial that some e-mails deleted by the MCSO and recovered by the county would prove more of these despicable and prove direct links between outright racism and subsequent enforcement operations.

Intriguingly, at least two recovered e-mails refer to a separate file maintained by the MCSO of citizen complaints and requests for special operations. Snow will infer that such a file existed, and that some of the citizen complaints referred not to criminal activity, but merely to "Mexicans" or "illegal immigrants."

UPDATE: Another ruling by Snow today states that all Latinos pulled over by the Sheriff's Office since January 1, 2007 'til now, and into the future, can sue in a class-suit lawsuit. The ruling also enjoins the MCSO from conducting certain stops. Click here for the latest.


Order Re Adverse Inferences 12-23-11



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116 comments
mablehurry_62
mablehurry_62

There pulling over Illegals, most Whites have a Social Security number and pay taxes, wake up there judge. We have far too many illegals in this country. either send them back to Mexico, or to Texas and give them a job hunting Ferrell hogs with a butter knife, If your not going to enforce illegal immigration laws you should resign your position.

mablehurry_62
mablehurry_62

Is this judge a moron? Phoenix is about 170 miles from Nogales, Mexico (a known area for extensive illegal immigration) and the police have immigration patrols that concentrate on Mexicans. What should they be looking for: Chinese, Japanese, Canadians, Russians or Mexicans? PC is PS (pure stupidity)

mablehurry_62
mablehurry_62

Is this judge a moron? Phoenix is about 170 miles from Nogales, Mexico (a known area for extensive illegal immigration) and the police have immigration patrols that concentrate on Mexicans. What should they be looking for: Chinese, Japanese, Canadians, Russians or Mexicans? PC is PS (pure stupidity)

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Hrobster
Hrobster

Hey, you've got to admit that a lot of Americans are sick of hearing that clowny Mexican accorian music blaring from lowrider and other vehicles. It would be good to use if you wanted to get the truth out of terrorists. Just put them in a closed room and keep playing it. They'd either talk or beg for death. 

Hrobster
Hrobster

If the judge is "setting the Sheriff up", that judge should be investigated for criminal conspiracy.

John A Randolph
John A Randolph

Racism masquerading as patriotism hits the wall. 

Some American voters keep voting and rooting for Joe Arpaio types who are bank rolled by 1% elite who have been raping said voters for years.

As a retired US Border Patrol/INS/ICE agent who has witnessed the death of not only two co-workers, but the death of migrants too, I ask people who are so angry about immigration to consider the possibility that the undocumented are really a symptom of a much larger and insidious problem, and not the cause of that problem. 

The same 1% who rape them are the same 1% who rape the undocument­ed.

Failed immigratio­n is created and designed by the elite who run both government­s.This is no different than failed mortgages, failed health care, loss of jobs, and our failing economy. This insidious 1% causes these failures because they profit at the expense of both the US taxpayers and the Mexican undocument­ed.

Are American voters really so propagandi­zed that they can't figure out why not one single U.S. politician criticizes the Mexican government for anything? The undocument­ed would not come or stay here if that filthy, corrupt co-trading partner of the American elite would take care of its own citizens. The majority of undocument­ed care deeply about their families and would stay at home if they could make a decent living wage working with their families.

Its about bi-nationa­l drug profits, trade, oil, remittance­s, the privatizat­ion of prisons, cheap labor, weapons profit, NAFTA, and a 40 year long political platform that only sways back and forth, and never forward.

I invite OWS to embrace the undocument­ed who are protesting­. Shame on both these pitiful government­s who fail to address the immigratio­n nightmare that they profit from.

John Meyer
John Meyer

Wonder if the Sheriff is going to pull a "bailin' Palin" and announce that he's retiring. . .err moving on to national office to serve his constituents better rather than run for another term.

Gwmwllc
Gwmwllc

Since when is the mass exodus of the citizens of one country to another country considered "illegal immigration" instead of occupation of the country. When the Huns invaded countries, I don't beleive they were called "undocumented migrants". Do you?

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dragonet2
dragonet2

I am totally surprised that Arpaio hasn't busted or threatened the judge, he's a bully with an enormous infallability complex.  That has been his modus operendi in the past, and why people in his jurisdiction that should have spoken up louder don't.   They're afraid of total harassment. 

gatabela
gatabela

I bet the Native Americans wish they had found a Court like this, oh that's right they did. It was the President that was a racist in that case.

VangNee
VangNee

That pompous windbag is so full of himself it aint funny. I think the dude like to hear himself talk.

www.Total-Privacy dot US

Len
Len

I hope someone in Arizona puts a bullet through that Judges head! JOE is oneof the very few elected officials that is doing his job to rid this nation of thosecockroache mexicans.... racial profiling is BS when our borders are beingoverrun by hispanics! Judge Snow should be hung for his treasonous actions!

Follower_of_the_ONE
Follower_of_the_ONE

I seldom if ever cut and paste, I find the practice lazy and pointing to the fact that the paster has the inability to form their own opinion.  The following I find most relevent to our times and specifically situations and positions this state finds itself in.

Some variants, on an often quoted theme, collected from various sources:

Our society must make it right and possible for old people not to fear the young or be deserted by them, for the test of a civilization is the way that it cares for its helpless members.~Pearl S. Buck (1892-1973), My Several Worlds [1954].

The test of the morality of a society is what it does for its children. ~Dietrich BonhoefferA decent provision for the poor is the true test of civilization.~Samuel Johnson, Boswell: Life of JohnsonThe most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities.~John E. E. Dalberg, Lord Acton, The History of Freedom in Antiquity, [1877].

"...the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy and the handicapped. " ~ Last Speech of Hubert H. Humphrey

"A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Ghandi "Any society, any nation, is judged on the basis of how it treats its weakest members -- the last, the least, the littlest." ~Cardinal Roger Mahony, In a 1998 letter, Creating a Culture of Life The greatness of America is in how it treats its weakest members: the elderly, the infirm, the handicapped, the underprivileged, the unborn. ~Bill Federer"A society will be judged on the basis of how it treats its weakest members and among the most vulnerable are surely the unborn and the dying," ~Pope John Paul II "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Ghandi

"Any society, any nation, is judged on the basis of how it treats its weakest members -- the last, the least, the littlest." ~Cardinal Roger Mahony, In a 1998 letter, Creating a Culture of Life

The greatness of America is in how it treats its weakest members: the elderly, the infirm, the handicapped, the underprivileged, the unborn. ~Bill Federer

"A society will be judged on the basis of how it treats its weakest members and among the most vulnerable are surely the unborn and the dying," ~Pope John Paul II

shadeaux14
shadeaux14

A class action suit of this magnitude could very well bankrupt the county.

Thanks Joe, and thanks to all the fearful bigots who have given you the power to get us in this mess

"Fearful Bigots"= the citizens of Maricopa County.

J  Wilkes
J Wilkes

As a family who have waited for legal immigrant relatives {some over 20 yrs} ..Enough is enough.We have become a lawless country. The federal govt is out of control....not somesheriff in Arizona

No only do we have to worry about our borders but now it appears ..the judiciaryis to be complicit in breaking laws...and trampling state citizens.The weasel judges are also the problem.

So lets not indict the US Govt for not enforcing borders and immigrationsecurity... Let the thousands  roam across state after state.

This judge and homeland security...are to be indicted...are complicit ...in working against  the laws Congress has  passed and insituted.

Time for Congress to step up and investigate...indict....and punishthose that  refuse to abide by the law of the land

Arpaio  is  merel a finger in the dam....trying to hold back the real law breakers

malasangre
malasangre

ya but du luff der "accorian" polka musik ya?

Nunayerbidness
Nunayerbidness

The "setup" is for the purpose of compelling Arpaio to comply with the Justice Dept. If he does as he's supposed to, he'll be fine.

DPSnAZ
DPSnAZ

Excellent post, Sir. I stand in respect!

Follower_of_the_ONE
Follower_of_the_ONE

Excellent John, well spoken... the truth of the matter.  And this faux patriotism, ie wrapped in a flag thumping on a bible is absolutely hitting the wall.  There is a reason our forefathers guaranteed our right to bear arms, they foresaw the hi-jacking of this country by the elite. 

The one percent that believe they have the right to control "We the People", they believe that buying Congress and the Judicial Branch (John "corporations is people" Roberts) they own the people as well.  OWS has given the peaceful occupation a go and it was met with violence.  My guess is that the next round may not be so peaceful, i do hope I'm wrong... butttttt?????. 

Saragreene
Saragreene

No, and the people didn't have to fulfill their demands of free schooling, healthcare, etc.My grandparents were immigrants who came to America, worked hard, got their citizenship, learned English, and expected nothing from the government.  That's called character and pride.

DPSnAZ
DPSnAZ

The end is coming soon in the form of judgement day.

GB
GB

Your surprised he has not threatened or busted the judge?  Remember, he is a FEDERAL judge, who has Federal Marshals who would be quite willing to arrest Arpaio, no matter WHO or WHAT he is.  Even Arpaio is not THAT stupid...

Bobby
Bobby

I couldn't agree more, except for your calling people cockroaches. No human is a cockroach. But the judge does qualifie as a traitor and fifth columnist. Is he related to another Snow that often is mentioned here?

Bill Smith
Bill Smith

Threatening a federal judge is a direct attack on the constitution and the government of the United States. If I were you, I'd be expecting a visit from the FBI...

DPSnAZ
DPSnAZ

Your unspeakable rant doesn't require a measured verbal response. You're clearly taking your rights under the First Amendment over the edge, and a swift response by the FBI and the US Marshals Service appears to be necessary.

Walter Concrete
Walter Concrete

Len, did you know your statements classify yourself as a "terrorist"?   You do know that these anonymous names do not protect us from numerous agencies knowing who we really are...don't you?     Threatening a federal judge buys you a nice suite in some unknown military no name detention facility for an unspecified amount of time...with no recourse and no right to representation.   No one has to be told what happened to you and you don't have to be told why you are there.   Keep that in mind.   I don't know why I've taken the time to help you when I consider you to be a rascist loud mouth who shouts out their lack of intelligence for all the world to see.   But I did take the time because I assume you're a human being.

Mistalee
Mistalee

I hope your trailer/methlab goes up in a blazing fireball and takes you and your sister-mom BOTH out. Apache Junction will be a better place when you are done stinking up the place.

US War Veteran
US War Veteran

" JOE is one of the very few elected officials that is doing his job "

Hey IMBECILE, why don't you ask the parents of the 432 children raped and molested to see how they feel about the flaccid fool's Sheriff skills, last I checked the flaccid fool FAILED to investigate any of these FELONY crimes and the perpetrators were left free to do it again. 

SHERIFF JOKE ARPAYASO IS A FUCKING INCOMPETENT RACIST MORON, HE IS AS FAKE AS THE FUCKING RUBBER STARS ON HIS COLLAR AND TIE PIN. 

Bnbk
Bnbk

You're an idiot.Hoping some one puts a bullet through the judges head ? Your stupid ass should seek help before you end up acting out one of your twisted thoughts. MORON !

Hrobster
Hrobster

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Bnbk
Bnbk

Make that MOST Shadeaux,I would hate to be lumped in with the bigots.

Saragreene
Saragreene

Well said!!!!!!!!!  Everyone likes to point the finger at someone.......but, it's those in higher positions than Arpaio that are at fault.  That's who is wrong to be letting the laws be broken.

US War Veteran
US War Veteran

Real Law Breakers?? Oh you mean like the ones that raped and sexually molested 432 children in the City of El Mirage that Sheriff Joke ArPayaso FAILED to investigate and the perpetrators are walking FREE to continue to commit FELONIES upon CHILDREN, I guess the flaccid fool was too busy with his "sweeps" arresting nannies, dishwashers, and gardeners for a CIVIL MISDEAMENOR punishable by a $250 fine.  SHIT!   I HAVE GOTTEN SPEEDING TICKETS THAT COST MORE.

AZ FAIL
AZ FAIL

Oh if only he was that stupid...then maybe we'd finally be rid of the sorry sonofabitch, since the low IQ voters of Maricopa County continue to reelect him, and probably will continue to do so until he is either removed from office by indictment and can't run, or is pushin' up daisies. Joe Arpigho is Exhibit Number One for Why Law Enforcement Officers Should NEVER Be Elected By The Public. They should instead be appointed by a panel of experts who know how a PROFESSIONAL LEO is supposed to conduct business, because unfortunately the average voter, especially in this county, is a brain-dead twit who falls for the biggest snake-oil pitch, instead of voting for the person who can actually do the job. It is my understanding that Maricopa is the largest county in the US that still elects a sherrif; every county larger than us, and many, many smaller ones (you know, places that are actually civilized) appoint their sherrifs. And we should do the same. It is past time to make the Maricopa County Sherrif an appointed, not elected, position, so abominations like Arpigho, who clearly would rather be a reality-TV media whore than actually do his job, never happen again.

Bobby
Bobby

Yep, you are the kind of American that will eventually have Americans free speech eliminated, and the internet completly censored. Your'e the perfect kind of idiot to encourage a central authority to use any excuse to shut up citizens, even those who express their frustration at those in power who know what and who their sworn duties are to, but will not do them. Think carefully about what you encourage, sir. 

malasangre
malasangre

being a federal judge goober should be getting a visit from the FBI, US Marshalls, Secret Service etc.  we will then hear how the gubmint is pickin on said goober

DPSnAZ
DPSnAZ

You see, Hrobster, that's what happens to a man without a broad-based education and intellectual curiosity. You would be well advised if you could muster up at least some of said intellectual curiosity and read or even research some of the quotes that the Follower_ of_the_One has so nicely posted here.  Have you ever read a book?

Len
Len

US war veteran my ass! You are a coward who waves a white flag and would surrender the first chance you got! It's obvious you're a coward because you let these cockroaches invade our country w/out a shot being fired! You are a treasonous coward to aid and abet these criminal illegal alien POS's and you should be shot you traitor!

Ted
Ted

You sir are an utter fool as well as a complete moron!

Follower_of_the_ONE
Follower_of_the_ONE

  Damn Vet, why is it the people who don't have the balls to serve their counrty in anyway can demean those of us that have?  Do you think for one second they would have the stones to walk up and talk this shit to our faces? 

  Just as it was when the vets returned from Nam, the same like minded people want to treat the vets with distain.  There are those of us out there that swore it would not happen with this generation of returning vets, this time from the middle east.  These kids volunteered to be soldiers, they have fought a hard path to become men and women.

US War Veteran
US War Veteran

Number one, I do not condone illegal immigration, I am against illegal immigration, BUT, I believe that a child molester or a rapist is a BIGGER THREAT to my country than a cleaning lady or dishwasher.

Number two, I AM a Veteran, and I swore to protect the UNITED STATES CONSTITUTION, from ALL ENEMIES, foreign and DOMESTIC, the traitor here is your hero that calls himself "America's Toughest Sheriff" but is nothing more than a corrupt media whore.

Number three, I have NEVER run from a fight, or firefight, I served during Operation Desert Storm and Desert Shield, and the rank and the Medals pinned on me as well as the people that pinned them on would disagree with you on all of the bullshit you just said.

Number four, I have NEVER betrayed the United States of America, my family, or my friends, so, Fuck You!

Bnbk
Bnbk

LOL, you're a fool !

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