Joe Arpaio's Appeal in Melendres Does Not Deny MCSO's Racial-Profiling in Saturation Patrols

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Following Monday's hearing before federal Judge G. Murray Snow, where Snow meted out a verbal shellacking to Sheriff Joe Arpaio and his Chief Deputy Jerry Sheridan, Arpaio briefly appeared outside the Sandra Day O'Connor U.S. Courthouse, reminding reporters that Snow's ruling against him in Melendres v. Arpaio was under appeal.

This was echoed by Tom Liddy of the Maricopa County Attorney's Office, who spoke for the defense team. But what neither Arpaio nor Liddy explained is that the sheriff's appeal does not challenge the judge's final order or his findings of facts and conclusions of law within the context of Arpaio's notorious immigration sweeps.

That's right, Arpaio's legal beagles are not contesting Snow's judgment that the MCSO racially profiled Latinos and violated their rights under the Fourth and Fourteenth Amendments to the U.S. Constitution during the sweeps.

See also:
--Joe Arpaio, Jerry Sheridan Spanked by Judge G. Murray Snow Over Melendres Remarks

Rather, Joe's appeals attorney, Eileen Dennis GilBride of the firm Jones, Skelton, Hochuli, writes in the opening brief to the U.S. Ninth Circuit Court of Appeals that Snow's order is "impermissibly overbroad" because it covers "regular patrol duties" as well as the MCSO's saturation patrols.

GilBride argues that:

"The judgment should be vacated to the extent it covers regular patrol activities, and the class should be partially decertified and limited to `All Latino persons who, since January 2007, have been or will be in the future, stopped, detained, questioned or searched by MCSO agents during a saturation patrol while driving or sitting in a vehicle on a public roadway or parking area.'"

Read Arpaio's opening brief in his appeal of Snow's Melendres ruling to the Ninth Circuit.

GilBride contends that most of the evidence of racial profiling (at least, the evidence the MCSO did not destroy) is from the sweeps, therefore, Snow's findings and final order should be limited to MCSO activity within the saturation patrols.

"As is noted above," writes GilBride, "Defendants are not challenging the court's findings and conclusions with respect to immigration-related saturation patrols. They do challenge the injunction as it relates to MCSO regular patrols...

"Leaving aside the saturation patrols, the record lacks evidence that MCSO has a pattern, practice, or policy of violating Hispanics' Fourth or Fourteenth Amendment rights during regular patrols." (Italics, mine.)

So, GilBride maintains that, "The judgment and injunction should be vacated as to all activities outside of saturation patrols."


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39 comments
MaskedMagician1967
MaskedMagician1967 topcommenter

LMAO GilBride is even dumber than I thought.

MCSO (as a government entity) absolutely can be sued. Just ask Mike Manning. He's the king of MCSO judgments and settlements.

dennis20
dennis20 topcommenter

I have to admit that even I thought Arpaio's over-paid legal team could come up with a stronger appeal.

danzigsdaddy
danzigsdaddy topcommenter

so if Joe is appealing this, and we are paying for it, yet the BOS didnt approve it.........................isnt that theft? 

DNichols
DNichols

A. rrogant

R.acist

P.athetic

A.sinine

I.ncapable

O.rfice

DNichols
DNichols

This is Unreal:

After seeing the News video of Sheridan verbally trashing Judge Snow, and his Court Ruling against Arpaio to M.C.S.O. Deputies calling the Judge, and his Orders "Ludicrous, and Crap", I struggle to think what could possibly be considered as "Contempt" of Judge Snow, or his Ruling?!

By Judge Snow allowing himself to be Bitch Slapped in such a Contemt Manner he has allowed the entire case to become a Farce.

I wonder what the Nith Cuircut U.S. Court of Appeals will think of Arpaio, and Sheridans Complete Disrespect of the U.S. Judicial System, let alone Arpaio's Racial Profiling?

Will the Nith Cuircut Court of Appeals also Bow, and Curtsy for King Arpaio?

To: Justice.

WhoKnows
WhoKnows topcommenter

OK, so Arpaio is not appealing the ruling that says he was a scum sucking moron, but only the part as to how many people he had to admit to that he's a scum sucking moron!

MaskedMagician1967
MaskedMagician1967 topcommenter

What are the odds the 9th Circuit U.S. Court of Appeals rejects the Fetid Fossil's "argument"?


I've got a brand-new $100 bill that says the old man will lose. 


BTW, when did the MCBOS vote to fund this "appeal"? Last I heard, they didn't.

robert_graham
robert_graham

So I see you all still think Hispanics are above the law???  Regardless how you spin your articles, Arpaio will preval because in the end.

eric.nelson745
eric.nelson745 topcommenter

Hmm. This female lawyer of Joe's, GilBride, betrays the fact that she knows as little about what the First Amendment says and means as does any random person on the street who you might pick and have interpret the amendment's meaning. Perhaps she should have Ted Cruz school her on it. D'ya remember how he tried to explain it to Diane Feinstein during a Senate hearing?

TommyCollins
TommyCollins topcommenter

The appeal is simply a fishing expedition without bait of any sort. Had MCSO kept actual records on all of it's traffic stops, including race, etc, they might have a viable argument. However, MCSO likely deliberately did NOT keep records for that very reason. That said, if saturation patrols have been found to be based on race as the 'reason' for a traffic stop or contact, then it's fair to assume that the same will apply to general patrols when those very officers have received the same training and direction from the same command staff and sheriff.


This appeal, in my opinion, has not legal basis of fact and has about as much chance as a snowball in hell.


More wasted taxpayer money.


For no reason other than to feed the ego of a bloated egomaniac.


What the elderly man should do is call his command staff in and give them direction for a new meaning: "We are going to start having to act professional or people will continue to see us as the non-professionals we really are".

danzigsdaddy
danzigsdaddy topcommenter

wait a minute..............they were using race as a factor on their suppression operations? but they said they were CRIME suppression sweeps, not immigration sweeps....................so not only are they racially profiling, they are lying about their operations (to both the public and the courts).

Dontbelieveit
Dontbelieveit

The joe show never ends folks it just goes to another skit.............. thinking we'll forget about the REAL issue...........The FAT MAN behind the plastic badge pushing his weight around like he is actually a real lawman! He is having a hard time feeling important (which he never was) karma  is a bitch arpaio..........The only thing missing is seagulls fat ass showing up in arpaios tank in full swat gear.Thank you mcso for the wonderful entertainment you've provided this year.................. unsurpassed in content and quality and should get the Judge Snow award for showmanship! What a CLOWN Smurf joe is!!!!!!!!!!!!!!!

Flyer9753
Flyer9753 topcommenter

It IS under appeal???? When did the BOS approve that or is the old fool simply spouting more nonsense??

david_saint01
david_saint01 topcommenter

LMAO and that last part sums Arpaio up pretty nicely. "i dont want to communicate with the public and build trust dammit!" 

Cozz
Cozz topcommenter

MCSO, the shit stain of Arizona.

danzigsdaddy
danzigsdaddy topcommenter

@dennis20  i didnt..................kinda hard to stand up and fight if you've got no legs to stand on. all you can do is roll over swinging at air.......................................which is exactly what we are witnessing right now. (to me it just looks like the death throes of a pathetic defense)

Cozz
Cozz topcommenter

@DNichols  

Its time, enough is enough.

MCSO has proven many times over they could care less about the US Constitution, following court orders or human life in general.

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  who ever said they thought hispanics were above the law? you are the only one trying to make that claim twit, nobody has ever even come close to suggesting it either. why dont you try to stop making things up or trying to lying about what people are saying? if you did quit lying, i have a feeling youd have nothing to say

DNichols
DNichols

@robert Arpaio

All Human Beings are above "Joe's Law".

Arpaio will be forced to abide by "The Law of the Land".

Arpaio's Racist Corrupt Rule will end.

Because in the end.

To: Justice.

Dontbelieveit
Dontbelieveit

@robert_graham I think what you're trying to say is because arpaio prevailed ....in YOUR end!. How does it feel jaffy? to have your hero once again get his ass handed to him in court ..you should start  another site for your sheeple mentality and call it jaffs laffs... A documentary on arpaio's sick mentality and the TRICKS HE'S  tried to pull over on the taxpayers of Maricopa County .

MaskedMagician1967
MaskedMagician1967 topcommenter

@robert_graham  

So Robert, I see you weren't present for the old man's public spanking today by Judge Snow. 

How does it feel to see your hero forced to comply with a court order? 

I think I speak for all of us when I say that Judge Snow means business. He will force your hero to comply with his orders (look at what he told both the old man and Sheridan today. "I intend to have my orders respected." He even forced the old man and Sheridan to appear to explain themselves) or the judge will simply take action (Monetary penalties straight from the old man's checkbook and/or forced to wear gray pajamas sounds fine. I prefer the latter). 

Snow is a no-nonsense no-bullshit judge (the kind of judge I like) and he will insure your hero is complying with the law. The 9th will reject the old fool's argument and the Supreme Court won't even hear it.  

Flyer9753
Flyer9753 topcommenter

@robert_graham  So I see you still have reading comprehension problems..... 


"Arpaio will preval because in the end".... what's 'preval'?? You know, browsers have spell checkers built in now.. that is if you are smart enough to figure out how to use them...


So how is Arpaio going to PREVAIL in the end? Because of what?????? Because you say so? Better look back at your track record on here JAFfy, your success rate at predictions is a big fat ZERO... just like you

bobunf
bobunf

@TommyCollins  I have a better idea.  How about Arpaio calls in his command staff and says, "I resign effective immediately."

Think of the money he would save the County taxpayers.

eric.nelson745
eric.nelson745 topcommenter

@TommyCollins  Yes. Joe has plenty of chutzpah sending her out there to tell a constitutional scholar what it all means.

danzigsdaddy
danzigsdaddy topcommenter

@TommyCollins  for some reason Tommy............i dont think that people viewing him or his agency as unprofessional neither bothers him or even registers as a problem. sad

danzigsdaddy
danzigsdaddy topcommenter

@Dontbelieveit   i have no idea where you dug that up...................but that is funnier than hell. i was just reading some of them to my family, and they were rolling...............thanks for the link (idiots like JAFfy probably think it really is Joe and not somebody making fun of him)

MaskedMagician1967
MaskedMagician1967 topcommenter

@Flyer9753  

The MCBOS, to my knowledge, never voted to approve the expense of an appeal in Melendres Flyer... 

The old fool is simply spouting more nonsense...

danzigsdaddy
danzigsdaddy topcommenter

@Flyer9753  they didnt. since when does Joe go through the proper channels on anything? 

WhoKnows
WhoKnows topcommenter

@Flyer9753  Or maybe the Joker is once again ILLEGALLY spending public funds, as happened with that $99m of jail funds....

danzigsdaddy
danzigsdaddy topcommenter

let me word it a different way for people like JAFfy.............a lot of the people who get the death sentence proclaim their innocence all the way to the very end, no matter how loud they shout, it still doesnt stop the lethal injection working its way into their bodies. it ends up the same for them all no matter how much they protest. they havent strapped Joe to the gurney .......YET, but they are ordering the chemicals at this point

WhoKnows
WhoKnows topcommenter

@MaskedMagician1967 @robert_graham  Jaffy is just mad that someone else got to spank his "Joey Doodles"!

danzigsdaddy
danzigsdaddy topcommenter

@WhoKnows that money wasnt illegally spent. through the use of creative book-keeping it was replaced by..............hahahahahahahaha, i cant say that with a straight face, and i have a great sense of humor, so i have absolutely NO idea how they were able to use that explanation with the straight faces they had when they delivered that humdinger

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