Ninth Circuit Court to Hear New Times vs. Sheriff Arpaio Case on Wednesday; Live Video Available at Phoenix Federal Courthouse

lacey 2007 arrest blei shot.jpg
Image: Tony Blei
Michael Lacey, Village Voice Media executive editor, was surrounded by reporters after his early-morning release from jail in October of 2007. Former County Attorney Andrew Thomas announced hours later that the arrests and preceding investigation had been a mistake.

The U.S. Ninth Circuit Court of Appeals on Wednesday will take its second look at New Times' lawsuit against Sheriff Joe Arpaio for the 2007 arrests of the newspaper's two top executives..

The Ninth's 11-member en banc panel will hear the appeal this time, rather than the three-member panel that ruled on the case in June. The hearing starts at 2 p.m. in San Francisco, (that's 3 p.m. Arizona time.)

By 1 p.m. Arizona time the day after the hearing, a video of the proceeding should be available on the court's Web site

A live video feed of the hearing also will be shown on Wednesday at the federal courthouse, 401 West Washington in Phoenix, Courtroom 505.

A key issue of the case is whether the Maricopa County sheriff and former special prosecutor Dennis Wilenchik enjoyed immunity when they used their police powers to attack Arpaio's longtime critics.

The shocking, it-could-only-happen-in-Arizona debacle began with a tainted investigation and climaxed with the nighttime arrests of Village Voice Media Executive Editor Michael Lacey and VVM CEO Jim Larkin on October 18, 2007.



You can catch up on the case in our June wrap-up, which contains numerous links for wonks who want every detail.

New Times' lawsuit against Arpaio and the county suffered a setback in 2008 when U.S. District Judge Susan Bolton (who once sued New Times herself) ruled that Wilenchik and Thomas were immune because of their position as prosecutors and that Arpaio was just enforcing the law.

This year, the three-judge panel at the Ninth Circuit saw it differently, ruling that Wilenchik wasn't immune and allowing the lawsuit to proceed. The dissenting judge in the 2-1 decision argued that Arpaio, who obviously bore a personal grudge against the newspaper, should be held accountable for encouraging the prosecution and overseeing the arrests.

New Times followed up with a motion to have the en banc panel hear the case, which the court granted last month. The decision by the three-judge panel won't be used as a precedent in the new consideration of the lawsuit.

Click here to see the latest motions that led to tomorrow's hearing. We'll let you know what happens, natch.



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49 comments
Cherylpentz
Cherylpentz

Finally Sheriff Joe will be held accountable for his poor behavior. 

Coz
Coz

 Good luck today guys !

Jason
Jason

Go NT!! Kick some MCSO shurf/Candy Andy ass and take some names!!

WhoKnows
WhoKnows

Will Joke be there, holding a puppy, to claim that he fixed this problem in 2007?

Mossjennifer0
Mossjennifer0

Good information.I am eagerly waiting for court judgement in Sheriff Arpaio Case

DPSnAZ
DPSnAZ

Jail, you're the perfect example for the draw-backs of free speech.

OnlyinArizona
OnlyinArizona

Good luck New Times!    I don't care how many times we have to flush, let's get this turd sent to the sewer.

Wanumba
Wanumba

Good luck!  I only hope that Alzheimer's Arpaio is of sound enough mind to understand the world of pain that is coming on him in the future.  He deserves to spend the rest of his greasy life in a prison.

Not Surprised
Not Surprised

Arpaio's out snuggling with puppies at his animal shelter in front of the cameras tonight because tomorrow is going to be another bad press day. 

First this court hearing that will again display the ugly truth of Arpaio's abuse of power, followed up later by the BOS meeting where Maricopa County constituents are going to press the board to take a position on Arpaio's malfeasance.

He's already done a raid this week, and now he's done the "I'm such a good guy because I rescue poor helpless animals" PR stunt.  Arpaio's running out of his standard distraction plays.

JailBreak
JailBreak

Honestly, the best thing would be for all members of the ninth circuit to commit suicide for faggotry.

PTCGAZ
PTCGAZ

haha hopefully NTs will win and then The Joke will get punished for being the asshat he is.

JailBreak
JailBreak

It should be called the "ninth circuit court of faggots that are lefites to the death".

Bnbk
Bnbk

OH SHIT,THAT WAS FUNNY,I CAN'T STOP LAUGHING!

PTCGAZ
PTCGAZ

lol not only are they a fat ugly troll, but they also offer not an iota of anything to the discussion.

Jason
Jason

You can't forget that 12/22 U.S. District Court hearing which will put an end to the Old Fool's "immigration sweeps..."

Anon
Anon

Not Surprised, Totally agree with you.  The minute the news started about arpaio and the animals, we knew he had to be facing some serious stuff in court. Sure enough -- pattern of distraction plays.

You family values faggots
You family values faggots

Did your daddy butt-fuck you when you was just an iddie-biddie wittle piece of shit.What's that you say ???Your grampa showed him how.

Dogbiter
Dogbiter

You should commit suicide. One less redneck

Coz
Coz

You should show them how it's done first.

Embrace Your Homosexuality
Embrace Your Homosexuality

Faggots and lefties and reporters, oh, my !!!Faggots and lefties and reporters, oh, no  !!!

You must be your Mom's pride and joy...

Or did she run off to South America to escape the hideous reality of what she did to the world by not aborting your whiney little ass.

Dogbiter
Dogbiter

You're a nazi faggot, faggot!

Vic
Vic

Sounds like you hate gays and democrats, anyone else on your hate list?

Misanthrope
Misanthrope

 I Hate all Humans , people suck! im an equal opportunity people hater. or EOPH.

JailBreak
JailBreak

Yes, I hate the faggot known as "vic"

mikefrombisbee
mikefrombisbee

To a tweaker, a natural act might be having carnal relations with a fire hydrant. Or a tiki torch.

mikefrombisbee
mikefrombisbee

It's hard work being one of nature's mistakes...

Dogbiter
Dogbiter

Shut up faggot, before you get your ass kicked.

Coz
Coz

He's probably going through withdrawals withing for his next welfare check to score again.

Bnbk
Bnbk

I'm sure shit for brains pulled an all-weeker tweeker.

gusto
gusto

I see that the Fred Phelps family is now posting on the New Times' website.

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