Randy Parraz Lawsuit Vs. Maricopa County Over '08 Arrest Can Proceed, Judge Rules
He'd left the auditorium as soon as he was asked, and based on evidence presented by Parraz, did not engage in a disruptive, noisy commotion that might serve as probable cause for a disorderly conduct arrest, Silver wrote. Parraz's claim of malicious prosecution also survives the motion for summary judgment because he presented evidence that Plaintiff offers evidence that deputies "followed him, eavesdropped, and directed toward him contemptuous insults about being a high profile ring leader and a coward."
Silver didn't say those facts are true -- a jury may get to decide that. But yes, that sounds like the kind of attitude for which Arpaio's deputies are known.
If Parraz's contentions are correct, Silver wrote, the deputies would not qualify for immunity, because they're actions may not have been clearly within the boundaries of the law. A jury may decide that one, too.
Silver dismissed Deputy Chief Brian Sands from the lawsuit, saying that Parraz has presented no evidence to refute Sands' argument that he had nothing to do with the arrest or prosecution. Another of Arpaio's men, though, Captain David Letourneau, remains in the suit because Parraz offered evidence that Letourneau told him "he was 'high profile' and a 'coward' and
followed Plaintiff around and listened in on his conversations when Plaintiff attended Board
meetings. As discussed above, this evidence supports Plaintiff's claim for retaliatory motive."
Silver's order means the lawsuit moves forward toward a trial -- and a possible jury award against the county.
Arpaio won a sixth term in office in November, but his past antics are still likely to cost county taxpayers. For example, two major lawsuits regarding his office's alleged discrimination of Hispanics are still ongoing; so is a lawsuit by retired Superior Court Judge Gary Donahoe and former County Supervisor Don Stapley, who claim that Arpaio and former County Attorney Andrew Thomas abused their power to target political enemies.
Parraz, meanwhile, is now leading an effort to recall Arpaio.