Joe Arpaio's Weasel Move to Exempt Posse and Jail Side from Judge's Order Largely Denied
Sheriff Joe Arpaio's weasel-y attempt to exempt the "jail side" of his operation and all posse members from having to obey federal Judge G. Murray Snow's latest dictate in the ACLU's big civil rights case Melendres v. Arpaio has failed.
With the exception of jail volunteers and others personally guaranteed by Arpaio as having nada to do with enforcement, the judge's original order to disseminate a "corrective statement" to all MCSO personnel stands.
MCSO By all rights, Arpaio should be wearing stripes of a different kind...
In part, the judge justifies having to do this because of the misinformation being spread by such Arpaio flunkies as Deputy Chief Jack MacIntyre, who incorrectly insisted in a recent interview with KJZZ that "there is no court finding that the sheriff's office racially profiled."
To which, Snow had this to say:
This statement sows confusion rather than clarity. In its Findings of Fact and Conclusions of Law, this Court set forth a number of instances, instructions and policies in which the MCSO unconstitutionally and inappropriately considered race as one factor among others in making law enforcement decisions.
Nevertheless, since the Court made these findings, MCSO and its command staff, including Sheriff Arpaio, have stated, both in public statements and in training/briefing to deputies, that the MCSO never engaged in racial profiling and/or that the Court never so found. Such statements are misleading at best.
As this Court has previously stated, it has no present intention of attempting to restrict the MCSO's public statements, even if, in its assessment, those statements are inaccurate and misleading. Nevertheless, to the extent that such misstatements stand without correction to MCSO personnel, or are made directly to them, they create confusion in the very personnel who must understand the Court's Order to appropriately implement it.
The MCSO is a single agency. Misunderstandings that affect parts of the agency that are the result of misstatements made by the Sheriff and others in command, affect the understanding of the entire agency.