9th Circuit upholds injunction in racial profiling case against Arpaio, Maricopa County

Michael Kiefer | The Republic | azcentral.com

The 9th U.S. Circuit Court of Appeals on Tuesday upheld a 2016 injunction against Maricopa County stemming from Sheriff Joe Arpaio's racial profiling tactics and a contempt finding against him for willfully violating a previous order to stop the practice.

The injunction has already cost the county more than $100 million for training and technology and to compensate victims for violations of their constitutional rights.

U.S. Court Judge G. Murray Snow initially enjoined Arpaio from enforcing federal immigration law in 2011 in a case called Melendres v. Arpaio, brought by the American Civil Liberties Union on behalf of Latinos targeted by the Sheriff's Office.

The case settled in 2013 with findings that Arpaio's deputies engaged in widespread racial profiling in traffic stops of Hispanics who then were turned over to federal immigration authorities.

But Arpaio ignored the injunction and publicly defied the judge's preliminary injunction for more than a year, which landed him back in court to show cause why he should not be held in contempt of court.

Snow found Arpaio to be in civil contempt of court and issued a second injunction in 2016 to remedy the damage done.

Among other things, Snow appointed a monitor to make sure the Sheriff's Office complies with the order and mandated training and technological updates to prevent further problems. Snow also ordered that the County compensate the victims of the traffic stops and relocate the Sheriff's internal affairs office outside of its headquarters to afford it greater independence.

Arpaio later was referred to another judge and found to be in criminal contempt, though he was pardoned last year by President Donald Trump before he could be sentenced.

Attorneys for the County appealed Snow's order to the 9th Circuit, arguing that the court had overstepped its authority. It claimed that the election of a new sheriff meant that the office management need not be so closely monitored, and argued (for the fourth time) that it should not be held fiscally responsible for Arpaio's actions.

By the end of the next fiscal year, the county will have paid about $130 million because of the Melendres lawsuit.

A three-judge panel of the 9th Circuit upheld Snow's orders.

“Systemic civil rights violations of this magnitude require systemic reforms," said Cecillia Wang, the ACLU deputy legal director. "Maricopa County must continue to implement these court orders for the protection of all its residents.”

Fields Moseley, a Maricopa County spokesman, said, "The Maricopa County Board of Supervisors continues to appropriate money with the goal of achieving compliance with the Melendres case orders as quickly as possible. There has been no discussion about whether to file a petition related to this latest opinion."

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