Joe Arpaio Thumbs Nose at Federal Judge, Plans Sweep to Start Friday
Sheriff Joe Arpaio is sticking his tongue out at federal Judge G. Murray Snow, telling the jurist that the MCSO will execute one of the sheriff's infamous crime suppression sweeps beginning Friday, October 18.
Though Snow recently ordered that a monitor be appointed to oversee 59 pages of instructions on how the MCSO must comply with his ruling in the civil rights case Melendres v. Arpaio, Arpaio is getting a jump on the judge, pulling the trigger on a sweep before a monitor is installed.
In a court filing partially made under seal today, Arpaio's lawyer Tim Casey advised Snow of the sweep, noting the absence of a monitor at present.
Defendants will conduct a law enforcement operation on October 18-19, 2013 in Maricopa County that qualifies as a "Significant Operation" or "Significant Patrol" as such terms are defined in the Court's Order dated October 2, 2013...The Order further provides that a "written protocol [for a Significant Operation] shall be provided to the Monitor in advance of any Significant Operation or Patrol."
Because no Monitor is yet in place to receive a copy of the MCSO's written protocol for this Significant Operation, and the Order is silent as to the treatment of the written protocol under such circumstances, Defendants seek to file with the Court under seal the written protocol for the operation.
Defendants respectfully submit that good cause exists to file the written protocol
under seal for the following reasons:
1. Officer safety is likely to be enhanced, and the effectiveness of the operation is more likely to be achieved, if the specific location of the operation, the timing of the operation, the methodology intended to be used for the operation, the staffing for the operation, the mission statement for the operation, and the specific details of the operational plan are maintained as confidential and private before the start of the operation and during the operation.
2. The filing under seal is sought only on a temporary basis. Defendants request that the written protocol remain under seal until Sunday, October 20, 2013 when it can be unsealed and placed in the public record.
Granted, even Snow has admitted that his injunctions do not prevent the MCSO from engaging in a legitimate crime suppression operation. However, Arpaio's boys in beige are not allowed to enforce civil immigration law or use race or ethnicity as a factor in stopping cars, among other restrictions.