Joe Arpaio's "Circumventing" Federal Court, Claims Lawyer for Plaintiffs in Melendres v. Arpaio

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Late Thursday evening, the plaintiffs in the ACLU's big civil rights lawsuit Melendres v. Arpaio fired back at Sheriff Joe Arpaio's surprise announcement that the MCSO would begin one of its notorious Hispanic-hunting sweeps on Friday.

Responding to a filing by Arpaio's lawyer Tim Casey earlier in the day, plaintiffs' attorney Stanley Young of the international law firm Covington & Burling writes in a statement to the court that, "the MCSO apparently intends to carry out a Significant Operation outside of the protocol set forth in the Court's Order."

Young observes that Arpaio is doing the sweep in spite of a recent, 59-page command by federal Judge G. Murray Snow, which instructs the MCSO to submit a plan for any such operation to a court-appointed independent monitor.

Read plaintiffs' attorney Stanley Young's response to the MCSO's recent filing in Melendres.

There must also be a "standard template for operations plans and instructions for MCSO personnel before conducting any Significant Operation." [emphasis in original]

"[T]he Court has not yet appointed a Monitor," writes Young. "The MCSO has not submitted any template for operations plans or instructions to a Monitor. But neither has it submitted any such template to the Court or Plaintiffs' counsel. The MCSO therefore appears to be circumventing the Court's established process for oversight of the agency's conduct of such operations."

The only exception would be in the case of "exigent circumstances," a term defined as, "emergencies in which there is likely to be imminent death or bodily harm or the imminent destruction of evidence."

Young notes that,

Plaintiffs are limited in their ability to evaluate the justification for this Significant Operation since Defendants filed the operations documents under seal. However, in news reports, the Sheriff has announced that he is conducting the patrol in response to the shooting of an MCSO detention officer in August. While the shooting of a law enforcement officer is very serious, this does not explain why the MCSO must conduct an operation tomorrow. [emphasis in the original]

See Also:
Joe Arpaio Thumbs Nose at Federal Judge, Plans Sweep to Start Friday

Of course, the reason Arpaio wants to do a sweep Friday, after springing it on the judge and the public, is to get some racial profiling in before a monitor is hired by Judge Snow, likely sometime in December.

Which means Young's skepticism is well-placed.

Young continues:

Defendants had several options if they wanted to conduct a Significant Operation. Although a Monitor has not been appointed, they could have developed a template for operations plans and instructions anytime in the last several weeks (or months) and submitted that template to Plaintiffs' counsel for comment and to the Court for approval. Defendants could have apprised the Court of its desire to conduct Significant Operations in the interim period before a Monitor is appointed and sought the Court's guidance on how to proceed. Defendants did not do those things.

Instead, Defendants have unilaterally modified the procedure for submitting patrol-specific documents for review by filing them with the Court (in the absence of a Monitor), under seal, less than 24 hours before the planned operation is scheduled to begin. By doing so, Defendants have limited the Court's ability to review what they intend to do and have altogether deprived Plaintiffs of any meaningful opportunity to provide input.

The Court ordered strong remedial measures and strict oversight in this case due to the MCSO's past unwillingness to comply with the law and with the Court's earlier orders. The agency's saturation patrols were conducted in a racially discriminatory manner and its operations plans and instructions to MCSO personnel were deeply problematic. Plaintiffs urge the Court to carefully consider whether the planned operation complies with the Court's Order.

Clearly, Young has Arpaio's number.

Arpaio's childish little game is a double-dog-dare to Judge Snow, just to see what the MCSO can get away with.

young1.jpg
The plaintiff's lead attorney Stanley Young, asking tough questions about MCSO's surprise sweep...
If Snow were to halt the operation, Arpaio no doubt will play to the public, perhaps even accuse Snow of endangering MCSO deputies.

But if Snow does nothing, Arpaio will know that until a monitor is in place, and even afterward, the MCSO can come up with any lame, pseudo-law enforcement reason to justify a sweep, harass brown people, and continue terrorizing Latino neighborhoods.

Arpaio will test Snow, over and over again, unless the judge draws the line on the sheriff's behavior.

This is not a war of wills or personalities. Snow is invested with the power to protect the constitutional rights of those very people Arpaio is determined to discriminate against.

A litany of transgressions by Arpaio and the MCSO has brought us to this pass: racial profiling, destruction of evidence, violations of human and civil rights, the defiance of previous orders of the court, abuse of power, and pure, unabashed deceit.

Career criminals rarely stop breaking the law unless they are forced to abandon their illicit activities. Do we really think Arpaio will be any different?

Note: This blog item has been altered slightly since publication.

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133 comments
robert_graham
robert_graham

During the sweep, how many Hispanics versus others were arrested? You mean to tell me that the sweep to take people with warrants off the street is against the law?  You're full of shit.

WhoKnows
WhoKnows topcommenter

Did yippy the ankle biter get caught with his false teeth in someone's ankle?

Here little yippy!  You can wipe off the clown makeup!

yourproductsucks2
yourproductsucks2 topcommenter

14 is the age when typically a childwhose family is split due to divorce has say in which parent they choose to live with. prior to then, they are bound by court order whom they live with.

volumes are spoken when a child choose to uproot themselves at 14 to live with the other parent.

WhoKnows
WhoKnows topcommenter

I saw the Joke on the news last night, and he claimed this was "exigent circumstances"  and therefore, didn't have to obey the court order.  He mumbled when asked why it was "exigent circumstances"  when the guy that killed the DO was arrested weeks ago....

stephen.lemons
stephen.lemons moderator writer

All are welcome to comment on this site, including supporters of Sheriff Joe. However, material that could be considered defamatory is a violation of our terms of use, which you can read in detail here: http://www.phoenixnewtimes.com/about/terms/.

IdontRecall
IdontRecall

HOW PATHETIC THIS "CRIME SUPPRESSION SWEEP" really is...and every thing that d OLD FART does, is getting more & more pathetic..come on, how many deaths threats has he'd received within d last 3 months?.....along with all d MEDIA WHORING. All i see , is a patthetic MEGALOMANIAC, trying to hold onto that power that is slipping from his grasp and in his desperation is unable to see how ridiculous r all his attempts 2 avoid d inevitable.

I gues that he needs another "bitch slapping", and MCSO b put into receivership, only he is 2 stupid 2 comprehend...since d Monitor was already agreed upon earlier.....well, once he is named and placed, he can act retroactively, beginning with suggesting an investigation on that death at "towers jail", then dealing with this bullshit "crime  suppression operation", let's see what d bitching is going 2 b about. HASTA LA VISTA MASSIVE DICKHEAD....I HOPE U FIND GOOD PASTURES.

yourproductsucks2
yourproductsucks2 topcommenter

the mere fact that an ops plan of the detail was sent to snow negates the argument that mcso is "circumventing" the court.

lazy and disingenuous, lemons.

robert_graham
robert_graham

This yellow journalism is a bunch of crap filled with lies and distortions that have been twisted to fit the liberal agenda.  Could you expect it the other way around?

Truth is that crime suppression sweeps by any lae enforcement agency is legitimate.  Doesn't every police department do them?  But it's not surprising that you libtards see it differently.

When a black gang banger is arrested by a black MCSO deputy you would still probably call it racist wouldn't you?

I have now come to the conclusion that the whole reason why you oppose Arpaio enforcing the law is ebcause you are all criminals yourself because like they say birds of a feather flock togethere and you can't stand it when your homies are arrested.

David James
David James

Srsly, the only thing that's going to stop JA (and yes, that can stand for other things too 3:) ) is his not being Sheriff anymore.

WhoKnows
WhoKnows topcommenter

$7.3M in fees sought in Sheriff Arpaio profile case

PHOENIX (AP) -

Attorneys who won a racial-profiling lawsuit against the Maricopa County Sheriff's Office are asking a judge to order that the county pay them $7.3 million in fees.

A federal judge in Phoenix ruled in May that the sheriff's office and Sheriff Joe Arpaio singled out Latinos and that deputies unreasonably prolonged detentions.

MaskedMagician1967
MaskedMagician1967 topcommenter

WhoKnows, turns out Judge Snow is the same judge who refused to allow Candy Andy's delusional RICO lawsuit against county government in after Rachel Alexander took over and amended it.

It's in part thanks to Judge Snow that Candy Andy and the Miscreants lost their licenses for corruption and abuse of power.

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Yippy!  Why aren't you dressed in your orange wig and floppy shoes, and hiding in a corn field like I heard you were last night?

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 And Yippy, most courts will ASK a kid over 8 who who they would prefer before issuing an order.  THAT is reality in MANY divorces  This in fact is going down the block from me, where the court is asking the kid, and both parents are bribing the kid!


Considering you "work" for MCSO, you seem to be really lost in the law and how courts work!  Like yesterday, with legal fees in a civil case.

yourproductsucks2
yourproductsucks2 topcommenter

based on what you've stricken, it's obvious I am not allowed to respond to your buddy's comments...figures.

lemons comes in to protect his lil buddy. cute

MaskedMagician1967
MaskedMagician1967 topcommenter

Thank you for pointing this out Mr. Lemons.

Now, can you please ban JAFfy for his continuous threats, slander and libel?

MaskedMagician1967
MaskedMagician1967 topcommenter

YPS2, while I agree with you that an ops plan was submitted to the Court, it was done so barely 24 hours prior to the op and without review from the judge.

Perhaps that's what Lemons was referring to. And it appears to be a sweep with the intent of rounding up Hispanics.

Hopefully more light can be shed on this op...

IdontRecall
IdontRecall

@YOURPRODUCTSUCKS2, I really doubt that u have more knowledge of the RULE OF LAW than Mr. Young, but hey, as lng as ur POOPER DADDY is satisfied with ur devotion, u don't care making a fool of urself. BTW, r u getting paid overtime 4 all d today's postings... I mean, u've been posting a month worths. However, u should've read the article b4 posting....HOW LAZY & DESINGENUOS, YPS2.

IdontRecall
IdontRecall

@robert_graham, jappy, ur hero & urself just proved what a bunch of pussies u r, now u r reffering to d sweeps as beign conducted in order to arrest gang bangers and drug trafickers, NOT A WORD ABOUT "ILLEGALS", as i said b4, if d RACIST 1 would've wanted 2 prove that he is doing this without a change in d way that he conducts d operations, he would've mentioned at least a word about immigration. I guess that he is afraid of beign BITCH SLAPPED AGAIN, making him a MASSIVE DICKHEAD & PUSSY. Now u r even going 2 d extent of mentioning BLACK GANG BANGERS, WHY NOT MENTION UR STANDARD "ILLEGALS". PUSSY MUCH?????. BTW, I doubt that u even know what a "homie" means. FUCKING SCANDALOUS BITCH.

yourproductsucks2
yourproductsucks2 topcommenter

who would have paid the 7.3 mill had snow made an alternative ruling? the feds?

Im asking, because I don't know the answer. anyone know?

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@WhoKnows  Outrageous! Making lawyers obscenely rich "using" the taxpayers as fools to pay for all this. Abuse of power wasting taxpayers money like this on unnecessary costly litigation is abuse of power.

Time for TERM LIMITS for COUNTY SHERIFFS and COUNTY ATTORNEYS. Their decades of entrenched power has been nothing but tyranny found in Third world countries not in a democracy.

MaskedMagician1967
MaskedMagician1967 topcommenter

Mr. Lemons, if this bullshit sweep does violate Judge Snow's orders (as I suspect), can the judge appoint the monitor ASAP?

Someone needs to bitch-slap the insidious old man and I think Judge Snow is the man for the job.

stephen.lemons
stephen.lemons moderator writer

@yourproductsucks2 Actually, I deleted one of Dennis' comments as well, even though it's nearly impossible to defame a ghost. You would have to reveal your identity for anything Dennis writes about you to be defamatory.

This is the last time I will delete defamatory posts, yps. The record you're referring to shows that Dennis sought child support from his ex. 

There is no record of him abusing a woman. And, sorry, tit-for-tat in comments doesn't count.

I'm not going to argue about this anymore. Personally, I'd rather have you as a commenter. Respond to Dennis all you like. You obviously like fighting with him. Just keep the ad hominems non-defamatory. 

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 Seems "yippy3" is is your future, you little ankle biter!


"yip, yip, yip MSCO is good, yip, yip, yip..."

dennis20
dennis20 topcommenter

@yourproductsucks2  Using your police powers to investigate me and then lie about what you found is creepy and offensive.  You represent MCSO because you have claimed and offered evidence that you are a Sheriff's Deputy.  Lemons decision to remove certain slander and libel was his own or came from NT's attorneys advice.  

You are free to respond in your usual homo-phobic way as long as you provide evidence or data. You have none because it doesn't exist. You lied to try to defame my good character and strong relationships, history and reputation with women. 

You drag my child and his mother into it and deliberately lied about what those documents even are.  

Is this what you were trained to do at the Law Enforcement Academy? 



danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  he's violated more than just one term or condition, reread the terms and conditions, you might be shocked just how many he has violated

yourproductsucks2
yourproductsucks2 topcommenter

like an abused dog, the harder I smack you the quicker you run to get my attention.

danzigsdaddy
danzigsdaddy topcommenter

@yourproductsucks2 personally, i feel there should be no discussion of money on this. they started it as a non-money motivated issue and the atty's took it as a case to make a difference. they started it for no financial gain and thats how it should end. they got their decision, and they made their landmark case, to go for money now would change the whole appearance of why they did it

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 The folks that brought the suit.  That's the way it works with a civil trial.  And it might have been 7.3m, as it's based on what the lawyers cost.  Montgomery isn't worth more than $1/hour!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

The lawyers should be paid. The elected officials know what they are doing is un-Constitutional but proceed with unnecessary litigation because they don't have to pay for it. Used for political gain and to create fear and chaos = $$$'s.

dennis20
dennis20 topcommenter

@yourproductsucks2

 The link shows Zero info on me regardless of what you put in the search.  The link does prove you are a dirty cop who lies though so thanks for sharing it.  

With investigative skills like yours I can see why MCSO can't solve any real crimes.  

stephen.lemons
stephen.lemons moderator writer

@yourproductsucks2 By all means, plug in Dennis' name under family court, and note the difference between a "petitioner" and a "respondent." Dennis is the petitioner in the case, which goes back to 1988.

This is an old claim Buffalo Rick used back in the day. Until someone pointed out to him the definitions of "petitioner" and "respondent." From that point on, he shut up about it.

But you continue, out of either stupidity or meanness, knowing that most people will not take time to investigate the lie. Stop while you're ahead. 

stephen.lemons
stephen.lemons moderator writer

@yourproductsucks2 Once again, read the terms of use. PNT is not exposed by anything you've said or Dennis has said. He can sue you. You can sue him, though you would have to reveal your identity to do so. Everyone is responsible for their own statements. 

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 I tried that Yippy.  Nothing.  What is it about you an an ACTUAL link?  Is that a way to bite ankles without leaving teeth marks, yippy?  Or does it prove you are toothless?

yourproductsucks2
yourproductsucks2 topcommenter

What you're saying, then, is you called Stephen and whined to him that you were getting picked on and wanted him to make it stop.

pobricito

WhoKnows
WhoKnows topcommenter

@yourproductsucks2  I sure as heck can not find a thing at your link.  To test it, I searched for Arpaio, and got tons of hits!

dennis20
dennis20 topcommenter

@yourproductsucks2 I can't find it under the link you provided and no one else can either. .If it exists post it. It doesn't so you must be lieing. You are a really bad,bad cop.

dennis20
dennis20 topcommenter

@yourproductsucks2 since yo are mythical charector afraid to expose your real identy I can legallly say you shot JFK without any fear of libel. You should know that...and yes-it was to make a point which you obviuosly got.


dennis20
dennis20 topcommenter

@yourproductsucks2  You seem to have found something at that link about me I can't even find. Why don't you really share it or are you too big of a coward? 

dennis20
dennis20 topcommenter

@yourproductsucks2 I can'r find it there.  If you are telling the truth, find the direct link. You claim its true so you must have it. 

yourproductsucks2
yourproductsucks2 topcommenter

No worries. I have screen shot of it and the statement you made afterwards admitting you made it up to make a point.

yourproductsucks2
yourproductsucks2 topcommenter

really? Where is your comment where you state I rape little boys?

duh.

dennis20
dennis20 topcommenter

@yourproductsucks2 Where on the internet did you find what you claim about me being dragged into court and not paying child support? WOW! I can find on the internet how Big Foot speaks to people but I don't use it to slander another person. 

Nice try though. You used your police powers to investigate me and didn't find anything so you made shit up. You are a coward  and really bad cop.

yourproductsucks2
yourproductsucks2 topcommenter

PNT attorneys get involved too protect PNT assets. Its your libellous statements they are concerned about as you are a representative of their product. your big mouth and hot head have exposed the PNT...be worried little man.

MaskedMagician1967
MaskedMagician1967 topcommenter

I'm surprised NT didn't ban JAFfy earlier Danzig.

I've been reading and following NT since 2004. I like what I read and I tend to agree with NT's point of view on the issues affecting Maricopa County taxpayers.

dennis20
dennis20 topcommenter

@WhoKnows If he was he was one of the fat deputies hiding in empty parking lots hoping no one would see him. He was probably posting here while on duty. 

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 ahhh yippy. Stay! Roll over!

I though you were part of the circus tonight!

danzigsdaddy
danzigsdaddy topcommenter

@dennis20 thats a ploy a lot of people use, and it has worked many times, but not this time and i think that it also showed the motivation as a cause not as a monetary move. i am glad they won, but i would personally feel that it ruins their move or cause to try for any monetary repairs or relief at this juncture of the game (sure they COULD ask for legal fees, but that would display it as an ulterior motive in my eyes)  as for the court costs.............yes that should be paid entirely by the losing side

dennis20
dennis20 topcommenter

@danzigsdaddy  Good point. It also took 6 years and lots of work and resources.  One of Arpaio's tricks was to hope he could make this lawsuit unobtainable because of the cost to the plaintiffs who were asking for NO MONEY in return. It almost worked a few times but in the end enough good attorneys made it happen. 

WhoKnows
WhoKnows topcommenter

@yourproductsucks2 

And I think MCSO is getting off CHEAP here, as after all MCSO delayed this whole thing by KNOWINGLY destroying evidence!  And like the Clowns they are, MCSO didn't know their stuff was backed up on other county servers, and could be recovered.

WhoKnows
WhoKnows topcommenter

@danzigsdaddy The difference here is the money for court costs/legal fees.  It does not go to the plaintiffs.


When money is awarded to plaintiffs (like Donahoe or Wilcox), there is ALSO the award of legal fees. which pays the lawyers.

danzigsdaddy
danzigsdaddy topcommenter

@yourproductsucks2 from what i understood about cases like this (basing it on a case where i sued a driver who hit me and it went to litigation)  if it is appealed and lost, the bill goes to the loser for all of it as well as the judgement, now if that was laid at Joe's door or ours as the taxpayers..........................i would assume (and i could be wrong) it would fall on us since it was not a suit against Joe personally, rather it was against Joe the elected official and his position of authority

yourproductsucks2
yourproductsucks2 topcommenter

melendrez? He didn't even show up to testify.

Im not sure how Montgomery fits into this as he had nothing to do with the case.

robert_graham
robert_graham

@truthseekeraz Pay them out of our taxpayer money? Now look who's wasting it - those libtard lawyers that don't deserve a dime.

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