Maricopa County Sheriff's Office controversies

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The Maricopa County Sheriff's Office (MCSO) is a law enforcement agency in Maricopa County, Arizona that has been involved in many controversies since 1995. It is the largest sheriff's office in Arizona state and provides general-service and specialized law enforcement to unincorporated areas of Maricopa County, serving as the primary law enforcement for unincorporated areas of the county as well as incorporated cities within the county who have contracted with the agency for law-enforcement services. It also operates the county jail system. First elected in 1992, Joe Arpaio is the current sheriff of Maricopa County. Arpaio, who promotes himself as "America's Toughest Sheriff,"[1][2] has himself become controversial for his approach to operating the Maricopa County Sheriff's Office. First elected in 1992, Maricopa County voters reelected him sheriff in 1996, 2000, 2004 and 2008 by double-digit margins.

According to the Washington Post, on 17 August 2010, the United States Department of Justice Civil Rights Division is opening an inquiry into the Sheriff's Department in relation to alleged racism and abuse of power, as well as refusing to cooperate with a federal Justice Department investigation.[3]

On December 15, 2011 the Justice Department released its finding that the Sheriff's department repeatedly arrested Latinos illegally, abused them in the county jails and failed to investigate hundreds of sexual assaults. The Department of Homeland Security, reacting to the Justice Department report, revoked Maricopa County jail officers' authority to detain people on immigration charges.[4] The Justice Department report found that the Sheriff's office carried out a blatant pattern of discrimination against Latinos and held a "systematic disregard" for the Constitution.[5] The Department's racial profiling expert found the sheriff's office to be the most egregious case of profiling ever seen in the U.S.[6]

Maricopa County Sheriff's Office[edit]

The MCSO Vision Statement as posted on their own web site states: “The Maricopa County Sheriff's Office is a fully integrated law enforcement agency committed to being the leader in establishing the standards for providing professional quality law enforcement, detention, and support services to the citizens of Maricopa County and to other criminal justice agencies.”[7]

Results of meeting their own stated goals are decidedly mixed and below their peer agencies in the same cities, as reflected in the following statistics that are part of a December 2008 report released by the Goldwater Institute. In violent crime, the FBI shows the MCSO has a 69% increase compared to their peers of 18% and −11%. For Homicides, the MCSO contrasts their greater than 160% increase to other jurisdictions who are near zero.[8]

In 2009, the East Valley Tribune won a Pulitzer Prize, arguably the most prestigious award in journalism, for its five-part series that exposed how police protection suffered as the MCSO increased efforts to combat illegal immigration. Tribune reporters Ryan Gabrielson and Paul Giblin produced the five-part series “Reasonable Doubt,” which exposed slow emergency response times and lax criminal enforcement as the department focused more of the agency’s resources on seeking out and arresting illegal immigrants.[9]

Racial profiling[edit]

The MCSO has been accused of racial profiling in lawsuits filed by the ACLU. In one suit, the ACLU alleges that MCSO Deputies arrested and detained U.S. citizen and a legal resident without justification, stopping them as they were driving down a public roadway, and transporting them to the site of an immigration raid.[10] A separate class-action suit, filed by the ACLU and the Mexican American Legal Defense and Educational Fund (MALDEF) alleges that MCSO Deputies unlawfully stopped and mistreated individuals because they were Latino. The lawsuit charges that this practice is discriminatory and unlawfully violates the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964 and the Arizona Constitution.[11]

In 2013, U.S. District Court Judge Murray Snow ruled in a civil lawsuit in which a number of Hispanic individuals represented by the ACLU alleged racial profiling by the Sheriff's Office. Among other remedies, Judge Snow appointed a court monitor to oversee compliance with his orders that included video cameras in every police car, and training of staff.[12] Further controversy erupted when department training videos surfaced in which Judge Snow's orders were trivialized.[13]

Department of Justice investigations[edit]

In June 2008, the United States Department of Justice (DOJ) began an investigation of the Maricopa County Sheriff's Office.[14] In March 2009, the United States Department of Justice notified Arpaio that they were investigating the department for civil rights violations, in unfairly targeting Hispanics and Spanish-speaking people.[15] The DOJ found "reasonable cause to believe that MCSO engages in a pattern or practice of violating the Constitution and laws of the United States" and that "MCSO is broken".[14]

In October 2009, it was reported that the FBI was investigating Arpaio for using his position to settle political vendettas.[16]

In January 2010, it was reported that the Department of Justice has impaneled a grand jury to investigate allegations of abuse of power by Arpaio.[17]

In March 2010, it was reported that an investigation into Arpaio is "serious and ongoing", according to U.S. Attorney General Eric Holder;[18] however, by August 2012, the Department of Justice decided to close its criminal investigation and not bring any charges.[19][20]

Jail conditions[edit]

A federal judge ruled, in October 2008, that conditions in Maricopa County jails violate the constitutional rights of inmates.[21] In April, 2010, the same judge ruled that conditions in the Maricopa County jails continue to violate the constitutional rights of inmates.[22]

Contempt citation of detention officer[edit]

The Maricopa County Court House

In October 2009, a courtroom video was posted on YouTube, showing an MCSO Detention Officer removing documents from a defense attorney's files.[23] Deputy [24] Adam Stoddard was subsequently found in contempt-of-court for violating attorney–client privilege, and ordered to hold a press conference, to publicly apologize for his actions.[25] On the deadline set by the court, Deputy Stoddard, under orders from Sheriff Joe Arpaio,[26][27] declined to apologize and was jailed. Arpaio argued that only he could order his deputies actions and the court had no authority to enforce any action against a deputy, a position that the Appeals Court rejected in Stoddard's appeal. The Appeals Court did order that Judge Donahoe's order to make an apology be stricken and replaced with a fine.[28][29] The next day, 20 MCSO detention officers failed to report for work at the downtown Phoenix Superior Court, and a bomb threat was called in, causing the building to be evacuated. The same afternoon, more than 150 deputies and detention officers gathered outside the courthouse and reiterated their support for the jailed detention officer.[30] The MCSO appealed the contempt order, and pending the outcome of the appeal, the deputy was released from jail. Ultimately, the contempt-of-court ruling was upheld, however the court of appeals threw out the penalty (that the officer apologize), and sent the case back to superior court for the imposition of a fine.[31]

Controversial use of SWAT forces[edit]

On July 23, 2004, a SWAT team served a search warrant looking for "a stockpile of illegal automatic weapons and armor-piercing pistol ammunition" that they believed was hidden at an upscale home. In the course of serving the warrant, multiple tear gas cartridges were launched into the home, the result of which was the home catching fire. During the fire, SWAT forced the homeowner's 10-month-old pit bull puppy back into the home with a fire extinguisher, resulting in the dog's death. It was reported that the officers laughed over the incident. The armored personnel carrier used during the assault also ran over and damaged a neighbor's vehicle when its brakes failed. Police recovered two weapons: one antique shotgun; and one 9mm pistol. Both weapons are legal to own in Arizona. After failing to find illicit weapons the police served an arrest warrant for the owner who was also wanted on a misdemeanor warrant for failing to appear in Tempe Municipal Court on several traffic citations.[32]

Joe Arpaio[edit]

Actions as Maricopa County Sheriff[edit]

Changes to jail operations[edit]

Arpaio began to serve inmates surplus food and limited meals to twice daily.[33]

He banned inmates from possessing "sexually explicit material" including Playboy magazine after female officers complained that inmates openly masturbated while viewing them, or harassed the officers by comparing their anatomy to the nude photos in the publications. The ban was challenged on First Amendment grounds but upheld by the United States Court of Appeals for the Ninth Circuit.[34]

In February 2007, Arpaio instituted an in-house radio station he calls KJOE.[35] Arpaio's radio station broadcasts classical music, opera, Frank Sinatra hits, patriotic music and educational programming. It operates from the basement of the county jail for five days a week, four hours each day.

In March 2007, the Maricopa County Jail hosted "Inmate Idol",[36] a takeoff on the popular TV show American Idol.

Starting in July 2000, the Maricopa County Sheriff's website hosted “Jail Cam”, a 24-hour Internet webcast of images from cameras in the Madison Street Jail, a facility which processed and housed pretrial detainees. The goals of the broadcasts were the deterrence of future crime and improved public scrutiny of jail procedures. The cameras showed arrestees being brought in handcuffed, fingerprinted, booked, and taken to holding cells; with the site receiving millions of hits per day.[37] Twenty-four former detainees brought suit against the Sheriff's office, arguing that their Fourteenth Amendment rights of due process had been violated.

Under Arpaio, the Maricopa County Jails have lost accreditation multiple times.[38] In September, 2008, the National Commission on Correctional Health Care terminated the accreditation of all Maricopa County Sheriff's Office jails for failure to maintain compliance with national standards, and providing false information about such compliance.[dead link][39][40] In October, 2008, a U.S. district court judge ruled that the grossly inadequate conditions at the Maricopa County Jail, overseen by Arpaio, are unconstitutional and jeopardize the health and safety of prisoners.[41]

Tent city[edit]

Arpaio set up a "tent city" as an extension of the Maricopa County Jail (33°25′40″N 112°07′26″W / 33.42778°N 112.12389°W / 33.42778; -112.12389 (Maricopa County Jail)). Tent City is located in a yard next to a more permanent structure containing toilets, showers, an area for meals, and a day room.[42] It has become notable particularly because of Phoenix's extreme temperatures. Daytime temperatures inside the tents have been reported as high as 150 °F (65 °C) in the top bunks.[43] During the summer, fans and water are supplied in the tents.[44]

During the summer of 2003, when outside temperatures exceeded 110 °F (43 °C), which is higher than average, Arpaio said to complaining inmates, "It's 120 degrees in Iraq and the soldiers are living in tents, have to wear full body armor, and they didn't commit any crimes, so shut your mouths."[45] Inmates were given permission to wear only their pink underwear.

Tent City has been criticized by groups contending these are violations of human and constitutional rights, as well as by Erwin James, a murderer currently on parole from a life sentence in Britain, who wrote a series of articles about his experiences in British prisons for The Guardian.[46] In May 2013, Tent City ranked as one of the ten worst prisons in the United States, based on reporting in Mother Jones magazine.[47]

"Mesa Hilton"[edit]

Arpaio also maintains a facility called The Maricopa County Southeast Jail Facility. According to a news report from the Phoenix New Times, this facility has been in use since 2004 as an alternative to the Tent city. This facility has been alleged by the Phoenix New Times to be for celebrities and friends of Arpaio only. This facility is full of amenities and dubbed the "Mesa Hilton" as it is in stark contrast to the Tent City set up for normal inmates. It is where Adam Stoddard, Deputy of Arpaio's who stole confidential documents from an Attorney's file spent his time for contempt of court.[48]

Volunteer chain gangs[edit]

In 1995, Arpaio reinstituted chain gangs. In 1996, Arpaio expanded the chain gang concept by instituting female volunteer chain gangs.[49] Female inmates work seven hours a day (7 a.m. to 2 p.m.), six days a week. He has also instituted the world's first all-juvenile volunteer chain gang; volunteers earn high school credit toward a diploma.[50]

Pink underwear[edit]

One of Arpaio's most visible public relations actions was the introduction of pink underwear, which the Maricopa County Sheriff's website cites as being "world famous."[51] Arpaio subsequently started to sell customized pink boxers (with the Maricopa County Sheriff's logo and "Go Joe") as a fund-raiser for Sheriff's Posse Association. Despite allegations of misuse of funds received from these sales, Arpaio declined to provide an accounting for the money.[52]

Arpaio's success in gaining press coverage with the pink underwear resulted in him extending the use of the color. He introduced pink handcuffs, using the event to promote his book, Sheriff Joe Arpaio, America's Toughest Sheriff.[53]

Selective Service registration and organ donors[edit]

In 2001, Arpaio required all inmates 18 years and older to register for the Selective Service System. Such registration is mandatory for all U.S. males between 18 and 26 years of age, as well as for resident aliens of the same age regardless of their immigration status. Since 2001, a total of 28,000 inmates (including 9,000 illegal aliens) have registered for Selective Service.[54][55]

The Sheriff also started the "Have a Heart" program in which inmates may volunteer to be organ donors.[55]

Silencing critics[edit]

In 2008, when Phoenix Mayor Phil Gordon called for a federal investigation into Arpaio's immigration enforcement tactics, Arpaio's office responded by demanding the mayor's emails and phone logs. Arpaio also had his critic Maricopa County Supervisor Don Stapley, a Republican, arrested on suspicion of failing to properly disclose business interests.[56] Stapley agreed to a $3.5 million settlement in his lawsuit against Arpaio, Thomas and the County for false arrest.[57]

Immigration enforcement[edit]

In 2005, the Arizona state legislature passed a state law making it a felony, punishable by up to two years in prison, to smuggle illegal aliens across the border. While already a federal crime, Arizona’s law, also known as the “Coyote law”, made it legal for local police to enforce immigration law and also classified persons being smuggled as co-conspirators subject to penalties as laid out in the law.[58]

Arpaio has instructed his sheriff's deputies and members of his civilian posse to arrest illegal aliens. Arpaio told the Washington Times, "My message is clear: if you come here and I catch you, you're going straight to jail.... I'm not going to turn these people over to federal authorities so they can have a free ride back to Mexico. I'll give them a free ride to my jail."[59]

On March 3, 2009, the United States Department of Justice "notified Arpaio of the investigation in a letter saying his enforcement methods may unfairly target Hispanics and Spanish-speaking people"[15] Arpaio denied any wrongdoing and stated that he welcomed the investigation, and would cooperate fully.[60] By May, 2009, Arpaio had hired a Washington D.C. lobbyist, who wrote to Obama administration officials suggesting that the decision to probe Arpaio had been driven by political rivalries and score settling.[61] In July, 2009, Arpaio publicly stated that he would not cooperate with the investigation.[62]

In October 2009, the Department of Homeland Security removed the authority of Arpaio's 160 federally trained deputies to make immigration arrests in the field. Despite the actions of the Department of Homeland Security, Arpaio has maintained that he will still pursue illegal aliens under Arizona state law.[63] As of 2012 he continues to do so.[64]

Improper clearance of MCSO cases[edit]

Reports show that, under Arpaio, the MCSO may be improperly clearing as many as 75% of cases without arrest or proper investigation.[65][66][67][68] The sheriff's office has failed to properly investigate serious crimes, including the rape of a 14 year old girl by classmates,[69][70] the rape of a 15 year old girl by two strangers,[71][72] and the rape of a 13 year old girl by her father.[71][73] These cases were "exceptionally cleared" without investigation or even identifying a suspect in one case which are not in accordance with the FBI standards for exceptional clearance.[71][74] In the case of the 15 year old girl, the case was closed within one month and before DNA testing was even complete, the 13 year old's because her mother did not want to "...pursue this investigation," and the 14 year old's because a suspect declined to come in for questioning.[69][71] In a statement to ABC15, the Sheriff's Office claimed, "The Goldwater Institute’s report cites the FBI’s Uniform Code Reporting handbook, which is a voluntary crime-reporting program to compile statistical information and reports. The UCR is not intended for oversight on how law enforcement agencies clear cases...The Sheriff’s Office has its own criteria for clearing cases."[70]

In an interview on the ABC Nightline news program, when asked to explain why 82 percent of cases were declared cleared by exception, Arpaio said "We do clear a higher percentage of that. I know that. We clear many, many cases – not 18 percent." Nightline contacted the MCSO after the interview and was told that of 7,346 crimes, only 944, or 15%, had been cleared by arrest.[75]

Webcasts of pretrial detainees[edit]

Starting in July 2000, the Maricopa County Sheriff's website hosted Jail Cam, a 24-hour Internet webcast of images from cameras in the Madison Street Jail, a facility which processed and housed only pretrial detainees. The stated goals of the broadcasts were the deterrence of future crime and improved public scrutiny of jail procedures. The cameras showed arrestees being brought in handcuffed, fingerprinted, booked, and taken to holding cells; with the site receiving millions of hits per day.[37] Twenty-four former detainees brought suit against the Sheriff's office, arguing that their Fourteenth Amendment rights of due process had been violated.

U.S. District Court Judge Earl H. Carroll held in favor of the former detainees, issuing an injunction ending the webcasts. By a 2 to 1 vote, a three-judge panel of the Ninth Circuit Court of Appeals upheld the injunction, with the majority opinion stating:

... Second, Sheriff Arpaio argues that the cameras are justified by the County’s interest in having its pretrial detention centers open to public scrutiny. We have given prison officials wide latitude in administering pretrial detention facilities, in guaranteeing detainees’ attendance at trial, and in promoting prison safety. But we fail to see how turning pretrial detainees into the unwilling objects of the latest reality show serves any of these legitimate goals. As the Supreme Court has recognized, "[i]nmates . . . are not like animals in a zoo to be filmed and photographed at will by the public or by media reporters, however ‘educational’ the process may be for others.[76][77]

In his dissenting opinion, Circuit Judge Carlos Bea wrote:

... What the majority avoids—perhaps because of the all-too-predictable result—is to ask the question basic to any review questioning the validity of governmental action under a rational basis analysis: were the webcasts reasonably related to the purpose of deterring public behavior that could result in pretrial detention? The answer clearly is Yes. ... Similarly unexamined is the Sheriff’s purpose of providing transparency of jail operations as a civic good.
Sheriff Arpaio’s methods to achieve his purposes of public deterrence and governmental transparency may not suit the fine sensibilities of some group advocates and jurists. But absent a violation of the constitutional rights of Plaintiffs—and I see none—such differences of opinion must be vindicated, if at all, in the ballot box, not in the courtroom.[77]

The US Supreme Court refused to hear an appeal of the case. Ultimately, Maricopa County was required to pay the detainees' legal costs and damages.[78]

Inmate complaints and lawsuits[edit]

From 2004 through November 2007, Arpaio was the target of 2,150 lawsuits in U.S. District Court and hundreds more in Maricopa County courts, with more than $50 million in claims being filed,[79] 50 times as many prison-conditions lawsuits as the New York City, Los Angeles, Chicago, and Houston jail systems combined.[80] Allegations of cruel treatment of inmates as well as living conditions have been cited by Amnesty International in a report issued on the treatment of inmates in Maricopa County facilities.[81]

Recidivism[edit]

In 1998, Arpaio commissioned a study, by Arizona State University criminal justice professor Marie L. Griffin, to examine recidivism rates based on conditions of confinement. Comparing recidivism rates under Arpaio to those under his predecessor, the study found "there was no significant difference in recidivism observed between those offenders released in 1989–1990 and those released in 1994–1995."[82]

Inmate deaths and injuries[edit]

Family members of inmates who have died or been injured in jail custody have filed lawsuits against the sheriff’s office. Maricopa County has paid more than $43 million in settlement claims during Arpaio's tenure.[83]

Charles Agster[edit]

In August 2001, Charles Agster, a 33-year-old mentally handicapped man, died in the county jail three days after being forced by sheriff's officers into a restraint chair used for controlling combative arrestees. Agster's parents had been taking him to a psychiatric hospital because he was exhibiting paranoia, then called police when he refused to leave a convenience store where they had stopped en route. Officers took Agster to the Madison Street jail, placed a "spit hood" over his face and strapped him to the chair, where he had an apparent seizure and lost consciousness. He was declared brain dead three days later. A medical examiner later concluded that Agster died of complications of methamphetamine intoxication. In a subsequent lawsuit, an attorney for the sheriff's office described the amount of methamphetamine in Agster's system as 17 times the known lethal dose. The lawsuit resulted in a $9 million jury verdict against the county, the sheriff's office, and Correctional Health Services.[84]

Scott Norberg[edit]

One major controversy includes the 1996 death of inmate Scott Norberg, a former Brigham Young University football wide receiver, who died while in custody of the Sheriff's office.[85] Norberg was arrested for assaulting a police officer in Mesa, Arizona, after neighbors in a residential area had reported a delirious man walking in their neighborhood.[86] Arpaio's office repeatedly claimed Norberg was also high on methamphetamine, but a blood toxicology performed post-mortem was inconclusive. According to a toxological report, Norberg did have methamphetamine in his urine, though "there would be no direct effect caused by the methamphetamine on Norberg's behavior at the time of the incident".[87] During his internment, evidence suggests detention officers shocked Norberg several times with a stun-gun. According to an investigation by Amnesty International, Norberg was already handcuffed and face down when officers dragged him from his cell and placed him in a restraint chair with a towel covering his face. After Norberg's corpse was discovered, detention officers accused Norberg of attacking them as they were trying to restrain him. The cause of his death, according to The Maricopa County Medical Examiner, was due to "positional asphyxia". Sheriff Arpaio investigated and subsequently cleared detention officers of any criminal wrongdoing.[88]

Norberg’s parents filed a lawsuit against Arpaio and his office. The lawsuit was settled for $8.25 million (USD).[89]

Richard Post[edit]

Richard Post was a paraplegic inmate arrested in 1996 for possession of marijuana and criminal trespass. Post was placed in a restraint chair by guards and his neck was broken in the process. The event, caught on video, shows guards smiling and laughing while Post is being injured.[citation needed] Because of his injuries, Post has lost much of the use of his arms.[90] Post settled his claims against the Sheriff's office for $800,000.[91]

Brian Crenshaw[edit]

Brian Crenshaw was a legally blind and mentally disabled inmate who suffered fatal injuries while being held in Maricopa County Jail for shoplifting. The injuries that led to his death were initially blamed on a fall from his bunk but were later discovered to have been the result of a brutal beating by jail guards on March 7, 2003. A lawsuit filed in The Maricopa County Superior Court of Arizona by the lawyer for Crenshaw's family stated:

An external examination report of The Maricopa County Medical Examiner's Office concluded that Brian's death was caused by "complications of blunt force trauma due to a fall." This conclusion was reached largely on the Maricopa County Sheriff's Office's relation of their "history" of Brian's injuries to the Medical Examiner's Office; a history that included the MCSO's implausible story that all of Brian's injuries were caused by a fall from his cell bed. The Maricopa County Medical Examiner conducted no autopsy; nor was the Maricopa County Medical Examiner informed by MCSO or The Maricopa County Correctional Health Services about Brian's beating on March 7, 2003 and/or related events. An independent autopsy report later narrowed the cause of Brian's death to peritonitis and sepsis secondary to the duodenal perforation. A fall from Brian's 4-foot, 2 inch bunk could not have simultaneously caused a broken neck, broken toes, and a duodenal perforation.[92]

The lawsuit against Arpaio and his office resulted in an award of $2 million.[93] As in the Scott Norberg case, it was alleged that Arpaio's office destroyed evidence in the case. In the Crenshaw case, the attorney who represented the case before a jury alleged digital video evidence was destroyed.[94]

Conflicts with local news media[edit]

In July 2004, The Phoenix New Times published Arpaio's home address in the context of a story about his real estate dealings. In October, 2007, a Maricopa County special prosecutor served Village Voice Media, the Phoenix New Times' corporate parent, with a subpoena ordering it to produce "all documents" related to the original real estate article, as well as the IP addresses of all visitors to the Phoenix New Times website since January 1, 2004. The Phoenix New Times then published the contents of the subpoena on October 18.[95] Phoenix New Times editors Michael Lacey and Jim Larkin were arrested and jailed by Maricopa Sheriff's Deputies on misdemeanor charges of revealing grand jury secrets after the publication of the subpoena.[96] On the following day, the county attorney dropped the case and fired the special prosecutor.[97][98] In a subsequent lawsuit, Lacey and Larkin won $3.75 million in damages for false arrest.[99]

On November 28, 2007, it was ruled that the subpoenas were not validly issued[100] and in April 2008, the New Times editors filed suit against Arpaio, County Attorney Andrew Thomas and Special Prosecutor Dennis Wilenchik.[101]

In 2009, The East Valley Tribune ran a series of articles that criticized the Maricopa County sheriff for a decline in normal police protection due to an increased focus towards arresting illegal immigrants.[9] The five-part series titled “Reasonable Doubt,” which received a Pulitzer Prize for Local Reporting, described "slow emergency response times and lax criminal enforcement."[102]

On December 23, 2009, The Arizona Republic published an editorial titled “The Conspiracy that won’t stop.”[103] The Editorial Board referenced a published letter written by the Yavapai County Attorney, Sheila Polk, titled “Arpaio, Thomas are abusing power” ”[104] in which Polk was critical of Arpaio. The Editorial Board claimed that “As a result of stepping forward, Polk now may join the fast-growing list of Arizona public officials forced to defend themselves against criminal investigations for the "crime" of having upset Arpaio and Thomas.”[103]

Critical organizations[edit]

Arpaio's practices have been criticized by organizations such as Amnesty International,[81] the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee,[105] and the Arizona chapter of the Anti-Defamation League.[106] The editorial board of The New York Times called Arpaio "America's Worst Sheriff".[107]

Lawsuits filed by Joe Arpaio and the MCSO[edit]

On December 2, 2009 County Attorney Andrew Thomas and Sheriff Arpaio filed a federal lawsuit alleging racketeering charges against four judges, as well as various private attorneys, all current members of the Maricopa County Board of Supervisors and some county managers.[108]

On March 11, 2010, Arpaio announced that “the Department of Justice Office of Public Integrity in Washington, D.C. has agreed to review allegations of corruption involving the Maricopa County Board of Supervisors and judicial officials and others. RICO complaints previously filed by the Maricopa County Sheriff’s Office and the Maricopa County Attorney’s Office were formally withdrawn so as not to duplicate or hinder the Department of Justice review or any additional investigation necessary.”[109]

On March 13, 2010, in a letter sent to Arpaio’s lawyer, Robert Driscoll of Alston & Bird LLP, Raymond N. Hulser, Acting Chief, Department of Justice, Office of Public Integrity Section, responded that he was "dismayed to learn that (the Sheriff's Office's) mere referral of information to the Public Integrity Section was cited and relied upon in a pleading in federal court, and then used as a platform for a press conference." Mr. Husler also noted in this letter that no review of the materials would be undertaken by the Public Integrity Section.[110][111]

In a subsequent lawsuit filed by the targets of the RICO action, U.S. District Judge Neil Wake called the RICO action "patently frivolous" and ruled that Arpaio and Thomas were not immune from civil liability.[112] Several millions of dollars in awards and settlements resulted from this lawsuit including $1.27 million to retired Superior Court Judge Gary Donahoe and $975,000 to former County Supervisor Mary Rose Wilcox.[113][114]

References[edit]

  1. ^ Janofsky, Michael (2002-05-16). "Another Plot Against Tough Sheriff, With a Twist". New York Times. 
  2. ^ The original source for the sobriquet "America's Toughest Sheriff" is unknown, however both Arpaio and his press relations staff aggressively promote its use. Note Arpaio's book, titled "America's Toughest Sheriff."
  3. ^ Markon, Jerry; McCrummen, Stephanie (2010-08-18). "U.S. may sue Arizona's Sheriff Arpaio for not cooperating in investigation". The Washington Post. Retrieved 2010-08-17. 
  4. ^ Pattern of civil rights abuses alleged in Sheriff Joe Arpaio's Maricopa County (LA Times)
  5. ^ Joe Arpaio accused by feds of racial profiling (AP)
  6. ^ Feds issue scathing report against Ariz. sheriff
  7. ^ "Vision Statement". mcso.org. Maricopa County Sheriff’s Department. Retrieved 2010-04-04. 
  8. ^ "Mission Unaccomplished: The Misplaced Priorities of the Maricopa County Sheriff ’s Office". mcso.org. Goldwater Institute. Retrieved 2010-04-04. 
  9. ^ a b "Reasonable Doubt". East Mesa Tribune. East Mesa Tribune. Retrieved 2010-04-04. [dead link]
  10. ^ "ACLU Sues Maricopa County Sheriff's Office For Illegal Arrest And Detention Of U.S. Citizen And Legal Resident | American Civil Liberties Union". Aclu.org. 2009-08-19. Retrieved 2010-10-24. 
  11. ^ "Sheriff Arpaio Sued Over Racial Profiling Of Latinos In Maricopa County | American Civil Liberties Union". Aclu.org. 2008-07-16. Retrieved 2010-10-24. 
  12. ^ Hensley, JJ (2 October 2013). "Racial-profiling lawsuit ruling: Judge imposes conditions on Arpaio, Sheriff's Office". AZCentral. The Arizona Republic. Retrieved 5 June 2014. 
  13. ^ "Sheriff Joe Arpaio Called Before Federal Judge For 'Trivializing' Racial Profiling Finding". Fox News Latino. Fox News Network. 24 March 2014. Retrieved 5 June 2014. 
  14. ^ a b "Assistant Attorney General Thomas E. Perez Speaks at the Maricopa County Sheriff’s Office Investigative Findings Announcement" (Press release). United States Department of Justice. December 15, 2011. 
  15. ^ a b Phoenix Business Journal (March 11, 2009), Obama administration targets Arpaio, retrieved 2009-03-11 
  16. ^ POSTED: 5:58 pm MST October 29, 2009 (2009-10-29). "Sources: FBI Investigating Joe Arpaio – Phoenix News Story – KPHO Phoenix". Kpho.com. Retrieved 2010-10-24. [dead link]
  17. ^ POSTED: 4:35 pm MST January 7, 2010 (2010-01-07). "Grand Jury Impaneled To Probe Arpaio, MCSO – Phoenix News Story – KPHO Phoenix". Kpho.com. Retrieved 2010-10-24. [dead link]
  18. ^ "AG: Arpaio Probe Serious,Ongoing". kpho.com. kpho.com. Retrieved 2010-04-04. [dead link]
  19. ^ Christie, Bob; Jacques Billeaud (31 August 2012). "Joe Arpaio Investigation Closed; No Federal Charges Will Be Filed Against Him". The Huffington Post. Retrieved 5 June 2014. 
  20. ^ Santos, Fernanda (31 August 2012). "Inquiry Finds No Misdeeds by Sheriff in Arizona". The New York Times. Retrieved 5 June 2014. 
  21. ^ "Judge backs county inmates in jail case". Azcentral.com. 2008-10-23. Retrieved 2010-10-24. 
  22. ^ by JJ Hensley – Apr. 8, 2010 12:00 AM The Arizona Republic (2010-04-08). "Judge: County failed to improve jails' medical, mental-health conditions". Azcentral.com. Retrieved 2010-10-24. 
  23. ^ “” (2009-12-01). "Maricopa County Sheriff's employee takes documents from defense attorney". YouTube. Retrieved 2010-10-24. 
  24. ^ Proper title for county law enforcement http://www.realpolice.net/forums/ask-cop-112/9671-sheriff-vs-police.html
  25. ^ by JJ Hensley – Nov. 18, 2009 10:54 AM The Arizona Republic (2009-11-18). "Officer found in contempt of court in document case". Azcentral.com. Retrieved 2010-10-24. 
  26. ^ http://www.heatcity.org/2009/11/judge-orders-officer-to-apologize-or-face-jail-for-taking-attorneys-file.html
  27. ^ http://blogs.phoenixnewtimes.com/valleyfever/2009/11/arpaio_i_decide_who_holds_pres.php
  28. ^ http://blogs.phoenixnewtimes.com/valleyfever/2010/04/judge_gary_donahoes_contempt_r.php
  29. ^ "MCSO detention officer to be jailed". Azcentral.com. 2009-12-01. Retrieved 2010-10-24. 
  30. ^ Kiefer, Michael (2009-12-02). "Sickout, bomb threat disrupt Superior Court proceedings". Azcentral.com. Retrieved 2010-10-24. 
  31. ^ Kiefer, Michael (2010-04-07). "Contempt-of-court ruling against Arpaio deputy upheld". Azcentral.com. Retrieved 2010-10-24. 
  32. ^ John Dougherty (2004-08-05). "Dog Day Afternoon – News – Phoenix". Phoenix New Times. Retrieved 2010-10-24. 
  33. ^ "Sheriff runs female chain gang". CNN. 2003-10-29. 
  34. ^ "Mauro v Arpaio". FindLaw. August 17, 1999. 
  35. ^ "Arpaio Launches KJOE Radio". KPHO.com. 2007-02-05. Retrieved 2008-08-20. 
  36. ^ Villa, Judi (2007-03-24). "Inmates cut loose in 'Idol' knockoff; Jail contest aims to build self-esteem". The Arizona Republic. Retrieved 2007-09-19. 
  37. ^ a b Sink, Mindy (August 24, 2000). "Hoping People Watch Jail And Won't Want to Visit". The New York Times. 
  38. ^ Lemons, Stephen (2009-01-12). "SHERIFF LAWBREAKER: Joe Arpaio's Jails Lose Accreditation Again, and Again, and Again – Phoenix News – Feathered Bastard". Blogs.phoenixnewtimes.com. Retrieved 2010-10-24. 
  39. ^ Reinhart, Mary K. (30 September 2008), "Jail health care loses accreditation", East Valley Tribune (Phoenix, AZ) 
  40. ^ Edward Harrelson, President of the National Commission on Correctional Health Care (25 September 2008). "Accreditation Termination Letter". Web link.
  41. ^ "Judge Calls Maricopa County Jail Conditions Unconstitutional | American Civil Liberties Union". Aclu.org. 2008-10-22. Retrieved 2010-10-24. 
  42. ^ The Honorable Jeffrey S. Cates, Judge (September 26, 2002), Appeal from the Superior Court in Maricopa County, Cause No. CV 97-008668 
  43. ^ AWOL Soldiers Serving Sentences At Tent City – Phoenix News Story – KPHO Phoenix
  44. ^ [1][dead link]
  45. ^ Ananda Shorey (July 25, 2003), Phoenix is sizzling through what could be the hottest July on record, signonsandiego.com, retrieved 2007-10-20 
  46. ^ The Guardian Online – A Life Again
  47. ^ http://www.motherjones.com/politics/2013/05/10-worst-prisons-america-joe-arpaio-tent-city
  48. ^ Sara Fenske (December 2, 2009). "Where in the World's Deputy Adam Stoddard? Our Bet's in the Mesa Hilton". Retrieved 5–7–12. 
  49. ^ CNN (March 10, 2004), Anderson Cooper 360 transcript, CNN, retrieved 2009-03-04 
  50. ^ CNN reporter Eric Phillips interviews Sheriff Arpaio and a juvenile offender, CNN, March 11, 2004, retrieved 2007-10-20  (CNN Live Today transcript)
  51. ^ Laundry Services
  52. ^ Tony Ortega (May 27, 1999), Blowing His Cool, Phoenix New Times, retrieved 2008-06-19 
  53. ^ Not Pretty In Pink, The Smoking Gun, January 14, 2005, retrieved 2008-06-19 
  54. ^ "'Illegals' in jail ordered to register for draft". Deseret News. January 16, 2004. [dead link]
  55. ^ a b "Re-Elect Joe Arpaio – Teaching to Have a Heart". Sheriffjoe.org. Committee to Re-Elect Joe Arpaio 2008. Retrieved 2008-10-20. 
  56. ^ Homeland Security limits ties with Arizona's Sheriff Joe Arpaio
  57. ^ Billeaud, Jacques (20 December 2013). "Arizona county settles 2 lawsuits vs. sheriff". Associated Press. Retrieved 5 June 2014. 
  58. ^ Randal C. Archibald (May 10, 2006), Arizona County Uses New Law to Look for Illegal Immigrants, The New York times, retrieved 2007-10-20 
  59. ^ "Arizona sheriff uses posse, new law to jail illegals". The Washington Times. May 11, 2006. 
  60. ^ Daniel González (March 11, 2009), Arpaio to be investigated over alleged violations, Arizona Republic, retrieved 2009-03-11 
  61. ^ TPMMuckraker (December 14, 2009), Arpaio Turns to Former Bush DOJ Official To Stymie Federal Probe, retrieved 2009-12-20 
  62. ^ Arpaio To DOJ: 'Don't Pick On Me', KPHO, July 8, 2009, retrieved 2009-12-20 
  63. ^ "Tough sheriff's immigration duties face limits after complaints". CNN. October 8, 2009. 
  64. ^ JJ Hensley and Ryan Randazzo (14 July 2011), "Worker with expired Mexican ID arrested at nuclear plant", Arizona Republic 
  65. ^ Justice Denied: The Improper Clearance of Unsolved Crimes by the Maricopa County Sheriff’s Office https://goldwaterinstitute.org/AboutUs/ArticleView.aspx?id=2666
  66. ^ Mission Unaccomplished: The Misplaced Priorities of the Maricopa County Sheriff's Office http://www.goldwaterinstitute.org/article/2629
  67. ^ "Goldwater Institute: Arpaio’s crime clearance rate a sham". AzCapitolTimes.com. 2009-05-22. Retrieved 2012-06-07. 
  68. ^ The numbers don’t match Arpaio’s hype http://www.eastvalleytribune.com/story/139717
  69. ^ a b Fenske, Sarah (2009-05-28). "How the MCSO Neglected a 14-Year-Old Rape Victim". Phoenix New Times. Retrieved 2012-06-07. 
  70. ^ a b Bernstein, Josh (2009-05-21). "Sexual assault victim claims MCSO failed to do its job". ABC15. Archived from the original on 2009-05-23. 
  71. ^ a b c d See Part IV "Public safety shortchanged throughout county" http://www.eastvalleytribune.com/page/reasonable_doubt
  72. ^ [2][dead link]
  73. ^ [3][dead link][dead link]
  74. ^ "Victim Power". Victim Power. Retrieved 2010-10-24. 
  75. ^ "Sheriff Joe Arpaio Unapologetic About Tactics, Illegal Immigrant Crackdowns – ABC News". Abcnews.go.com. 2009-07-23. Retrieved 2010-10-24. 
  76. ^ Jailhouse Webcams: Courts aren't seeing their way clear, USA Today, 9 August 2004 
  77. ^ a b Demery v. Arpaio, Appeal from the United States District Court for the District of Arizona[dead link]
  78. ^ "Arpaio loses long battle over jailcam". Azcentral.com. 2006-09-12. Retrieved 2010-10-24. [dead link]
  79. ^ Judge Neil Wake takes action in the jail conditions lawsuit against Arpaio, Phoenix New Times, 12 June 2008 
  80. ^ John Dickerson (20 May 2007), Inhumanity Has a Price, Phoenix New Times 
  81. ^ a b Ill-treatment of inmates in Maricopa County jails, Arizona, Amnesty International, 1 August 1997 
  82. ^ Griffin, Mary L (2001). The Use of Force by Detention Officers. LFB Scholarly Publishing. p. 42. ISBN 1-931202-01-X. 
  83. ^ Special Report: Health and death behind bars, East Valley Tribune, 3 May 2008 
  84. ^ Gary Grado (25 May 2006), Jury awards $9M in jail death, East Valley Tribune 
  85. ^ Family of ex-BYU. football player to get $8.25 million, Associated Press, 1999-01-12 
  86. ^ Murder on Madison: The Norberg Remix, Phoenix New Times, April 15, 1999, retrieved 2008-05-09 
  87. ^ Tweaking the Truth, Phoenix New Times News, December 17, 1998, retrieved 2009-07-08 
  88. ^ Flashes, Phoenix New Times News, March 20, 1997, retrieved 2007-10-20 [dead link]
  89. ^ The $8 Million Victim, Phoenix New Times News, January 14, 1999, retrieved 2008-05-10 
  90. ^ Tony Ortega (January 23, 1997), Jailers Show a Paraplegic Who's Boss, Phoenix new timesnews, retrieved 2007-10-20 
  91. ^ Barry Graham (April 1, 2001), Star of Justice, Harper's Magazine 
  92. ^ Third Amended Complaint, Evans et al. v. Maricopa County et al., September 20, 2006, pp. 8–9.
  93. ^ JJ Hensley and Yvonne Wingett (April 25, 2008). "Abuse lawsuits against Arpaio settled". Arizona Daily Star. Retrieved 2008-05-09. [dead link]
  94. ^ Melissa Gonzalo (April 14, 2008). "Local attorney speaking out against Sheriff Arpaio". Arizona Daily Star. Retrieved 2005-05-11. 
  95. ^ Sheriff's deputies arrest New Times owners.
  96. ^ Michael Lacey and Jim Larkin (October 18, 2007), Breathtaking Abuse of the Constitution, Phoenix New Times, retrieved 2007-10-20 
  97. ^ http://www.azcentral.com/arizonarepublic/news/articles/1020newtimes1020.html
  98. ^ Associated Press (October 20, 2007), No Charges for Execs Arrested in 'Phoenix Times' Case, Editor & Publisher, retrieved 2007-10-20 
  99. ^ Hedley, Matthew (20 December 2013). "Joe Arpaio Loses: New Times Co-Founders Win $3.75 Million Settlement for 2007 False Arrests". Valley Fever. Phoenix New Times. Retrieved 5 June 2014. 
  100. ^ Hon. Anna M. Baca (November 28, 2007), Ruling in the Matter of: CR MISC 2007, Judicial Branch of Arizon, Maricopa County, retrieved 2010-12-29 
  101. ^ Michael Kiefer (April 30, 2008), 'New Times' executives sue Arpaio, Arizona Republic, retrieved 2008-05-10 
  102. ^ Mark Flatten, "Tribune celebrates winning Pulitzer Prize", East Valley Tribune, April 20, 2009
  103. ^ a b "The conspiracy that won't stop". Arizona Republic. 23 December 2009. 
  104. ^ "Arpaio, Thomas are abusing power". Sheila Polk. The Arizona Republic. 22 December 2009. Retrieved 2010-04-04. 
  105. ^ Valley rabbis' statement on Sheriff Joe Arpaio, Jewish News of Greater Phoenix, 24 July 2009 
  106. ^ Phoenix Mayor Gordon calls for FBI investigation of Arpaio, The Arizona Republic, 13 April 2008 
  107. ^ New York Times editorial board (December 31, 2008). "America’s Worst Sheriff (Joe Arpaio)". The New York Times. 
  108. ^ "Maricopa County Sheriff’s Office, Joe Arpaio, Sheriff, News Brief". mcso.org. Maricopa County Sheriff’s Department. Retrieved 2010-04-04. 
  109. ^ "Department of Justice Office of Public Integrity Agrees to Review Allegations of Maricopa County Public Corruption Investigated by Sheriff’s Office". mcso.org. Maricopa County Sheriff’s Department. Retrieved 2010-04-04. 
  110. ^ "DOJ Chastises Arpaio's Attorney". kpho.com. kpho.com. Retrieved 2010-04-04. 
  111. ^ "Letter from 'Raymond N. Hulser, Acting Chief, Department of Justice Office of Public Integrity Section to Mr. Robert Driscoll Alston & Bird LLP". kpho.com. kpho.com. Retrieved 2010-04-04. 
  112. ^ Stern, Ray (20 April 2012). "Federal Lawsuit Against Sheriff Joe Arpaio and Former County Attorney Andrew Thomas to Proceed; No Immunity, Judge Rules". Valley Fever. Phoenix New Times. Retrieved 5 June 2014. 
  113. ^ Stern, Ray (26 April 2013). "Wolfswinkel Family to Get $1.4 Million in County Settlement Over Legal Abuses; $5 Million in Total Payouts Thanks to Andrew Thomas and Joe Arpaio". Valley Fever. Phoenix New Times. Retrieved 5 June 2014. 
  114. ^ Cassidy, Megan (2 June 2014). "Mary Rose Wilcox awarded $975,000 from Arpaio suit". AZ Central. The Arizona Republic. Retrieved 5 June 2014. 

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