Officer Lovejoy's Lawsuit Against Joe Arpaio Allowed to Proceed; Judge Notes Former County Attorney's Brown-Nosing of Sheriff

Chandler police officer Thomas Lovejoy was arrested and charged after he left his police dog in a hot car following an overtime shift. He's suing Sheriff Joe Arpaio for violating his civil rights. Yesterday, a U.S. district judge allowed Lovejoy's lawsuit to proceed.

U.S. District Judge Neil Wake is allowing Chandler police officer Thomas Lovejoy's lawsuit alleging rights violations to move forward in the latest blow to Maricopa County Sheriff Joe Arpaio.

Lovejoy's the over-worked officer who left his K-9 partner, Bandit, to die in a hot patrol car on August 11, 2007 and was later arrested and charged by the discredited law-enforcement duo of Arpaio and former County Attorney Andrew Thomas. Lovejoy claimed the whole thing was a sham, designed to pump up ratings for a sheriff obsessed with publicity.

Wake says a rational jury might agree with Lovejoy and denied the sheriff's attempt to have the case dismissed in summary judgment. The 43-page ruling (see below) notes that while Lovejoy's claim of a violation of the constitution's equal protection clause doesn't fly, his other claims have merit. The ruling's a pretty good summary of the facts, using transcripts and other material from the two-year-old case.

Arpaio, as could be expected, comes off looking poorly.


So does Thomas and his former sidekick, Lisa Aubuchon -- both of whom are now awaiting likely disbarment following a weeks-long disciplinary proceeding. Most of the antics that got them in so much professional trouble were done in cahoots with Arpaio -- from the failed prosecutions of County Supervisors Don Stapley, Mary Rose Wilcox and Andrew Kunasek, to the cooking up of bogus bribery charges against now-retired Superior Court Judge Gary Donahoe.

In this new ruling, Wake notes that a rational juror might conclude based on the evidence that Thomas and his underling, Aubuchon, didn't exercise independent judgment in helping Arpaio persecute Lovejoy.

Makes sense, when you look at Thomas' lack of judgment in other situations.

For instance, testimony and public records showed that during a meeting attended by Arpaio and Thomas, the sheriff came up with the idea to charge Donahoe. Their hope was to prevent the judge from making a major ruling that would have prevented Thomas from appointing out-of-state, hired-gun-type prosecutors to wage the legal fight against county officials. Thomas and Aubuchon, with the help of Arpaio's deputies, (who were skeptical, but useful), produced their charging document.


The brain behind these prosecutions appears to be not the prosecutor's, but Arpaio's.

That's the same sheriff, of course, who was the leader of what the Justice Department last week called the worst case of racial profiling in U.S. history, and through his leadership has caused his department to be neutered.

See Wake's ruling below:


Order Re Arpaio MSJ 12-23-11



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51 comments
Jason
Jason

Ah yes, the Tom Lovejoy case.

I have info from none other than Lisa Aubuchon that she knew full well (she's the one who tried him after the Old Fool arrested and perp-walked him) there was no evidence to charge Lovejoy with anything. Both the MCSO/MCAO knew that Chandler PD's IA department had reviewed the circumstances and determined that Lovejoy had done nothing wrong, was remorseful, etc.  

His arrest and perp-walk was done merely for publicity for the MCAO/MCSO, who wanted taxpayers to believe that they were tough on crime. Instead, these two offices have been tough on taxpayers' wallets.  

As a result, they ruined a good cop's reputation and Mr. Lovejoy may never work as a police officer again. Time to indict the Old Fool & Co!

randg
randg

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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?

anyafanq
anyafanq

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Coz
Coz

Funny how Bozo Joe went after Lovejoy over the accidental death of his dog, but yet turned a blind eye when his crack pot MCSO swat team chased a puppy back into a burning house while laughing about it after the same crack swat team set on fire over a minor warrant and ran over some parked cars with their tank.

No charges and no disciplinary actions were ever taken against the MCSO swat team personnel by Bozo Joe that killed that puppy or ran the cars over with their tank.

Gerry_C
Gerry_C

County Attorney brown nosing Joe? I thought it was superglue.

Babeu
Babeu

Ray Stern, You left a big part of this story out. Sheriff Paul really went out in the media in favor of his best friend Officer LoveJoy. Paul was President of Union and working at Chandler at the time. Why don't you interview him now, and see how he feels about this lawsuit, since he loves Sheriff Joe too. I am sure he going to have to be deposed on this. But the way Paul thinks, he will probably answer "Holder". There are plenty of interviews with Paul going against Sheriff Joe on this story. Paul can't say no comment, because his statements are already out there in 2007 putting Sheriff Joe down. Lucy Babeu

Bam
Bam

A mistake by MCSO for sure.

Gerry_C
Gerry_C

Let me just say Merry Christmas to my friends out here.  :-)

Amadeus332
Amadeus332

Joe was trained by Facist Latin American Brutal Dick-taters....whadya expect....we are in America...Obey the Rule of Law Joey Boy....Joe's mind-set is still with the South of the border Dick-taters....Mucho dinero out of us taxpayer is in our Whore-eye-zen.

Tommy Collins
Tommy Collins

["That's the same sheriff, of course, who was the leader of what the Justice Department last week called the worst case of racial profiling in U.S. history, and through his leadership has caused his department to be neutered."]

Also the same sheriff, Mr. Stern, who likely won't be able to recall anything about this false prosecution if this suit reaches trial, which is very unlikely unless Mr. Lovejoy wants a jury to decide how much this circus is going to cost us taxpayers.

alehound
alehound

Arpigo must go, peacefully or otherwise....

shadeaux14
shadeaux14

How many more nails will the courts have to put in Joe's coffin before we can bury his putrid corpse and get rid of his stench?

Not Surprised
Not Surprised

Time to vote out this unlimited liability that is Arpaio.  Illegal is illegal and enough is enough!

Eleanor Holguin
Eleanor Holguin

"The brain behind these prosecutions appears to be not the prosecutor's, but Arpaio's."

More like the "brain fart".

WhoKnows
WhoKnows

I remember when Lovejoy was arrested, Joke went on TV and proclaimed that "I ordered the arrest of Tom Lovejoy", but then later on, Joke stood at the exact same podium and proclaimed "I had nothing to do with the arrest of Tom Lovejoy"

Channel 12 did a repeating loop of the two statements on the news the night that Joke made the second statement!

Truthseeker
Truthseeker

Ray, Great reporting. The Thomas/Aubuchon/Alexander "troika" were very busy in 2007 with their abuse of power and using the internet/blogs to get "easy" convictions. The Arizona Supreme Court Disciplinary website has outstanding coverage of their disciplinary hearings that lasted for weeks -- start with Sept. 12, 2011. All people should listen to how the MCAO/MCSO was run --- prosecutors joined at the hip with a sheriff and his henchmen/women "gone wild" with their self-importance -- true narcissists controlling the government and the state against its people.

majii
majii

I'd like to know why President GWB's immigration reform law wasn't passed in 2007.  Oh, silly me, now I remember!  The republicans in Congress and in the country BAILED for political reasons, as usual.

Frankg40
Frankg40

Hey you dumb ass tea-tard.......what part of violating the Constitution don't you understand????? Your hero's goons violated the rights of UNITED STATES CITIZENS by illegaly detaining them based solely on their appearance. Go drink some more kool aid you ignorant inbred fuck. BTW, this is the wrong article........in this article, your hero tried to fuck over a good cop for some face time on tv but failed in an epic manner.

Rob
Rob

Officer Babeu concluded, “Sgt Lovejoy was never a flight risk, he’s been fully cooperative and remember – he self reported this incident and has been truthful from the beginning.  He’s a man of great personal integrity, with 17 exemplary years of service to Chandler.  As Police Officers, we are outraged with the conduct of this criminal investigation, which is clearly motivated by headline grabbing.  Tom Lovejoy is a good and decent man – he’s a fine Police Officer and should not be dragged through the mud.  Sheriff Arpaio claims to treat Sgt Lovejoy like every other citizen, yet no citizen deserves this unfair and politically motivated treatment.”

http://policelink.monster.com/...

Gerry_C
Gerry_C

Damn...I have some research to do.

CarlOrcas
CarlOrcas

Read the story. The dog died.

PTCGAZ
PTCGAZ

Merry Christmas, or Happy holidays, if you aren't into Christmas to everyone!

Tommy Collins
Tommy Collins

Tim. the Flaccid Fool is an elected official in Maricopa County. He is ONE county sheriff of FIFTEEN in the state. He only lives and works in the county (when he's not in another state or country playing Mr. Big Guy), he doesn't own it. Even he doesn't believe that one.

wherewasi
wherewasi

Yes, he wanted credit for charging Tom because he had been taking heat about never disciplining his officers, who, according to Joe, never did anything wrong.  Never mind that Lovejoy was not MCSO.  Publicly, he wanted to prove that he could find an officer at fault. However, when it came time to take accountability for the arrest and be deposed, suddenly Arpaio had nothing to do with it.

More incompetence from our Old SB.  Tommy, I believe it was you who came up with that term for him.  Awesome.  Disturbing, but awesome.  LOL.

The penalty assessment
The penalty assessment

What is the penalty for leaving a worthless old coot who pretends to be county sheriff in a parked car witht the windows closed in the middle of August ???

Kay
Kay

Beside that, like Frankg40 said, this isn't about immigration.  In fact, if you take immigration out of the equation all together, you still have a fat mouthed idiot and his leg humping pocket puppies like Hendershott, Black, Fox, Thomas,....ad infinitum, trampling all over the 4th amendment.  Violation of a persons constitutional rights under the color of law is a federal offense...and it's a hell of a lot more serious than illegally crossing the border. These assholes belong in FEDERAL PRISON!!!

Kay
Kay

Really?  What's Obama's excuse?  For the first two years of his presidency the democrats had control of both chambers and could have literally done anything they wanted.  Oh, silly me, now I remember!  They were too busy claiming that all their problems and failures were GWB's fault.

Babeu
Babeu

Rob, I did not say Officer Lovejoy was wrong in what happened. I just wanted people to know that Paul was involved in the investigation when it happened. I would like to know how he was going to handle it now since he is best friends with Sheriff Joe now. Paul took Sheriff Joe's side considering the DOJ investigation without evern reading the report. I don't agree with anything Sheriff Joe does. But, I also know Paul well and his motives are only to benefit himself. Paul left his post in Yuma 6 months early at the border patrol claiming his job at Chandler needed him when he only worked the graveyard shift. Paul just wanted to get the title of President of the Union under his belt to further his political run for Sheriff. As, you know he did not stay at Chandler long after that, to run for Sheriff. I hope Lovejoy wins his suit. It is long overdue, I just wouldn't put my money on Paul helping out much. He seems to get Alzheimers when it comes to things like this that pins him against Joe now. I wish Officer Lovejoy all the best. Lucy Babeu

Tommy Collins
Tommy Collins

No, I wish I could take credit, but Gerry_C actually coined the term OSB as being most applicable to the Flaccid Fool.

Jason recently came up with "The Flaccid Failure", which I also really like.

Someone on AZ Central applies the moniker, OurPile, to the Flaccid Fool, as well. And it also applies.

Gee, I hope the Shurf of Mottingham doesn''t file a lawsuit against us for 'calling' him names.

He may be too busy recently and in the next few weeks.

Jason
Jason

Dubya had his own issues to deal with during his presidency, but that doesn't mean that he was an ineffective leader.

Remember, it was during Dubya's administration that the abuse of power investigation, with the Flaccid Failure as the subject, began. It was in March 2010, during the Obama administration, that it was expanded to include our mentally ill and corrupt former CA, Candy Andy Thomas.

Babeu
Babeu

Rob, Thanks Rob, I don't know Officer Lovejoy personally, but anyone knows that this was not done on purpose. Sheriff Joe is a bully and his mistreatment of everyone is bad. I am glad you have Paul's statements, that gives him no way out but to support Officer Lovejoy. I can't image what he went through when his dog was dead. Please wish he the best and tell him I am sorry for everything he must be going through. Best regards, Lucy Babeu

Rob
Rob

I know you didn't....Lucy.

Thanks for the reminder on Babeu's position and statements during this issue!

PTCGAZ
PTCGAZ

I always called him, the Joke, or The Jokester.

Gerry_C
Gerry_C

Thanks for the credit Tommy.  In the end we are all in this together. 

I suppose he could file a suit and use the suit as a basis to subpoena the New Times for all our records that could tie us to the comments.  Perhaps if we have violated some criminal code in Joe's Law, he might have a non-existent Grand Jury issue a subpoena for the information.

Do you suppose that calling him Ole Saggy Balls would fall under the law against "Disrespecting the Sheriff?"

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