Federal authorities sued America's self-proclaimed toughest sheriff Thursday, a rare step after months of negotiations failed to yield an agreement to settle allegations that his department racially profiled Latinos in his trademark immigration patrols.
The U.S. Department of Justice officials said the agency filed a lawsuit only once before in the 18-year history of its police reform work. The lawsuit escalates the standoff with Sheriff Joe Arpaio and puts the dispute on track to be decided by a federal judge.
"We have invariably been able to work collaboratively with law enforcement agencies to build better departments and safer communities," said Assistant U.S. Attorney General Thomas Perez, who heads the DOJ's civil rights division, at a news conference.
Arpaio and the Maricopa County sheriff's office "have been a glaring exception," Perez said.
The DOJ first leveled the allegations against Arpaio in December, saying that a culture of disregard for basic constitutional rights prevailed at the sheriff's office, which covers metro Phoenix. Federal officials held off on filing a lawsuit as they tried to reach a settlement, but talks broke off last month.
At the time, Arpaio refused to agree to a court-appointed monitor who would help enforce a settlement. Arpaio said it would mean every policy decision would have to be cleared through an observer and would nullify his authority.
At a news conference Wednesday, after DOJ officials notified him of their intent to sue, Arpaio defended himself.
"If they sue, we'll go to court," he said. "And then we'll find out the real story. They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that."
Arpaio's office is also accused of punishing Hispanic jail inmates for speaking Spanish and launching some patrols based on complaints about dark-skinned people congregating in a given area or speaking Spanish. A crime was never reported.
The DOJ has been seeking an agreement requiring Arpaio's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and assure Latinos that the department is there to also protect them.
"Constitutional policing is an essential element of effective law enforcement," according to the DOJ lawsuit. The sheriff's office "and Arpaio's conduct is neither constitutional nor effective law enforcement."
One of the examples cited in the lawsuit was a Latino woman who is a U.S. citizen and was 5-months pregnant when she was stopped as she pulled into her driveway.
When the woman refused to sit on the hood of a car as the officer insisted, the officer pulled her arms behind her back, slammed her stomach first into the vehicle three times and dragged her to his patrol car. He shoved her into the back seat and made her wait for about 30 minutes without air conditioning, the lawsuit said.
Eventually, the woman was cited for failure to provide proof of insurance, but the matter was resolved when she provided such proof to a court, the lawsuit said.
The sheriff has said the investigation was a politically motivated attack by the Obama administration, denied allegations of systematic discriminatory policing and insisted that the Justice Department provide facts to prove its allegations. The Justice Department has said a 22-page letter it sent to Arpaio in December provided those details.
Arpaio is a national political fixture who built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime. Along the way, he aggressively pushed for a stronger role for local police to confront illegal immigration, launching 20 patrols looking for illegal immigrants since January 2008.
During the patrols, deputies flood an area of a city — in some cases, heavily Latino areas — over several days to seek out traffic violators and arrest other suspected offenders. Over the last three years, he also raided 58 businesses suspected of breaking a state law by knowingly hiring illegal immigrants.
Earlier in the three-year investigation, the Justice Department filed a lawsuit against Arpaio, alleging his office refused to fully cooperate with a request for records and access to jails and employees. That 2010 case was settled last summer after the sheriff's office handed over records and gave access to employees and jails.
Separate from the Justice Department's allegations, a lawsuit that alleges that Arpaio's deputies racially profiled Latinos in immigration patrols is scheduled for a July 19 trial in federal court.
A federal grand jury also has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009 and is specifically examining the investigative work of the sheriff's anti-public corruption squad.
Masterrogue666 posted at 5:53 am on Thu, May 10, 2012.
"Latinos" or "Hispanics" that ARE citizens or ARE here LEGALLY need not worry. The only people that have need to worry are those CONTINUE TO COMMITT CRIME(S) by being here ILLEGALLY.
Notice, race wasn't mention in the last part! Because it's NOT ABOUT RACE, BUT LEGAL STANDING!
PEW studies state that over 85% of INVADING FOREIGN NATIONALS happen to be hispanic. Gee, do you think the proximity of the border has something to do with that?
spyderdog posted at 9:38 am on Thu, May 10, 2012.
I would much rather see an indictment.....However, they did only get Al Capone on tax evasion.........
phxvato1202 posted at 10:26 am on Thu, May 10, 2012.
@rougue666--I agree with you on Pew, but that is your comments Pew, they stink like all your comments do. you found the figures you wanted and i could post any figure i want but that would not make it correct as i am sure yours are truly not. So much crime in maricopa county, in arizona, and in the whole united states and you blame illegals, haha your a real winner. you probably idolized JT Ready too?
Accuracy posted at 10:37 am on Thu, May 10, 2012.
The Department of Justice (DOJ) filed a federal lawsuit against the state of Arizona, July 6, 2010, that its immigration law S.B. 1070 was a flagrant state overreach. And later DOJ accused the Maricopa County Sheriff's Office of rampant discrimination against Latinos in its police and jail operations.
Maricopa County Sheriff Joe Arpaio kept moving forward despite the federal lawsuit and continued enforcing the federal and the state immigration laws.
This time DOJ plans to sue the Maricopa County Sheriff's Office and bring their allegations of racial profiling before a federal judge who will rule on their merits and determine what remedies are necessary in the Sheriff's Office to correct any deficiencies in the agency.
All before the U.S. Supreme Court upholds Arizona's SB 1070 immigration law . . . which will be announced next month.
chatmandu002 posted at 11:12 am on Thu, May 10, 2012.
Does anyone not believe this suit is nothing more than a political ploy by the Obama Department of InJustice to placate the liberal/progressive/socialist/open border/pro-illegal/LaRaza crowd in hopes of getting more votes for Obama. I'm thinking this suit will be dropped after the election for lack of evidence.
Go Sheriff Joe, enforce all the laws all the time.
jackle posted at 11:13 am on Thu, May 10, 2012.
lets face it arpio is old, he thinks like an old man who knows he hasn't much time left on the planet so he's going to be combative to anyone who is going question his feeble mind.
CNCFan posted at 11:17 am on Thu, May 10, 2012.
So phxvato102 all you have is a personal attack and not facts to counter with. Oh, yes we have another Obama menion.
CSalafia posted at 1:20 pm on Thu, May 10, 2012.
Considering the investigation into Arpaio began in 2008 under Bush's Justice Department, saying this is a political ploy by Obama shows that there are some folks who just ain't interested in facts.
Juggernaut8000 posted at 4:24 pm on Thu, May 10, 2012.
'Vato,
The reason there is so much animosity against illegals is because of the reverse racism that is a growing cancer in America.
A rancher in southern AZ has to pay $60K out of pocket because a bunch of illegals sued him because he detained them for Border Patrol. Do you think that is fair?
The blacks and mexicans are catered to by politicians because they have great numbers and the politicians want that vote; unfortunately at the expense of common sense. I'm just thankful felons and those in prison cannot vote.
You may think my comments, as well as Rogue's, are racist, but they are true and everyone with any brains will see my point.
bobrewer1000 posted at 6:03 pm on Thu, May 10, 2012.
It's 2-faced politics at it's finest, as Obama parades hispanic Assistant US Attorney General Thomas Perez in front of the cameras to make the announcement... Illegal is illegal is illegal is illegal... GO SHERIFF ARPAIO!!!
Accuracy posted at 7:54 pm on Thu, May 10, 2012.
The U.S. Justice Department (DOJ) is now saying that Arizona's SB 1070 is about racial and ethnic profiling. And now DOJ officials have filed a lawsuit against the Maricopa County Sheriff's Office over allegations of civil rights violations, including the racial profiling of Latinos.
Will they argue, in this case, that the Sheriff's Office system of immigration laws and enforcement policies must be overhauled in order to address the menacing vestiges of racism within the illegal immigration system?
Leon Ceniceros posted at 7:22 pm on Fri, May 11, 2012.
Obama's Left-Wing Liberal (Same-Sex Marriage, Gays in the Military, Hard-Working Tax Payers Income Taxes going to bankrupt Solar Energy Companies, Unions and Government Workers Pension Funds, etc)......goes after Maricopa County Sheriff Joe Arpaio for.....ENFORCING FEDERAL LAWS AGAINST ALIENS FROM MEXICO ILLEGALLY ENTERING THE UNITED STATES WITH 40LB BACKPACKS FULL OF MARIJUANA, HEROIN, COCAINE AND OPIUM = WHAT IS WRONG WITH THIS PICTURE.......HE SHOULD BE GETTING MEDALS FROM THE PRESIDENT.......INSTEAD OF BEING PERSECUTED BY......OBAMA.
THE VERY SAME PRESIDENT OBAMA......WHO'S DEPARTMENT OF JUSTICE'S BUREAU OF ALCOHOL, TOBACCO AND FIREARMS ALLOWED........F.A.S.T....AND....F.U.R.I.O.U.S....TO SELL GUNS TO THE MEXICAN MAFIA AND THE MEXICAN DRUG CARTELS......NOT JUST....ONE OR TWO.....BUT.......HUNDREDS AND HUNDREDS OF .....ASSAULT RIFLES.
THESE VERY SAME ASSAULT RIFLES THAT WERE SOLD.......OBAMA'S DEPARTMENT OF JUSTICE'S BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND NEVER BOTHERED TELLING THE MEXICAN GOVERNMENT.........THE VERY SAME ASSAULT RIFLES.........THAT WERE USED TO......................SHOOT A ..........US BORDER PATROL AGENT, BRIAN TERRY.........IN THE BACK AND KILL HIM ON AMERICAN SOIL.
TO THIS DAY........OBAMA'S DEPARTMENT OF JUSTICE....THE SAME ONE WHO IS PERSECUTING ......ARIZONA "LEGAL AMERICAN"....MARICOPA COUNTY SHERIFF JOE ARPAIO FOR TRYING TO ENFORCE...THE LAWS OF AMERICA..................TO THIS VERY DAY....NOT ONE PERSON....NOT ONE PERSON IN........OBAMA'S DEPARTMENT OF JUSTICE'S BUREAU OF ALCOHOL, TOBACCO AND FIREARMS.......HAS BEEN REPRIMANDED, SUSPENDED OR FIRED........FOR SELLING THE ASSAULT RIFLES THAT KILLED AND ............AMERICAN CITIZEN.
NO....DEMOCRAT PRESIDENT BARACK HUSSEIN OBAMA IS PROSECUTING AN AMERICAN FOR ..............MISTREATING .....ILLEGAL ALIENS FROM MEXICO.............IS THIS THE AMERICA THAT YOU GREW UP WITH......IS THIS THE AMERICA THAT YOU AND YOUR CHILDREN WILL BE ......PROUD TO LIVE IN.....................OBAMA'S LEFT-WING DEMOCRAT-SOCIALIST AMERIKA ????
Rational Human posted at 9:09 am on Sun, May 13, 2012.
Just in time for the upcoming election, how obvious.
Rational Human posted at 9:20 am on Sun, May 13, 2012.
It's true! They do profile people who speak fluent foreign languages while lacking the ability to communicate in English. It's not about race except to those who pander to Hispanic's vote because the majority of illegal aliens are Mexican.
quietgardens posted at 1:00 pm on Tue, May 15, 2012.
It is illegal to come here without permission of the U.S. government, AND the rest of us have to produce documentation when pulled over by the police. I don't see what the problem is.
Masterrogue666 posted at 9:41 pm on Wed, May 16, 2012.
@phxvato1202:
Whom did I "attack personally"? I did not, YOU DID! You don't have a clue about me, or my personal likes/dislikes. You claim I "hate" latinos/hispanics? Where's your proof? I have friends from all around this world! I judge a person by their actions. Crossing our borders ILLEGALLY is a CRIMINAL ACT. I dislike CRIMINALS! That's one thing you could say about me that would be true!
By your childish comment, I'd guess that you're still in high school, or in fact never graduated? Crime naturally follows ILLEGAL ALIENS. If you aren't aware of that fact, then you need to check things out for yourself. Phoenix is the #1 kidnap capital in the USA! ILLEGAL ALIENS committ other crimes, like steal a CITIZEN's identity, forge documents, et al. Your IGNORANCE speaks volumes of your lack of intellect! You have no proof to back up your flawed OPINION of others, including myself! However, it's obvious that YOU are the closed-minded individual here. All you have are your feeble attempts at insult. I almost pity you. However, since you wish to remain clueless, I won't.
[beam]
TeaPartyPatriot posted at 8:06 am on Mon, May 21, 2012.
The thing that stands out in phxvato1202,s attack is how he refers to "your culture" when he says, "This is one american hispanic that will not vote being swayed with the race card like so many of your culture do." Like most Hispanic Americans he doesn't even want to be a part of the American culture. He writes it as american hispanic (all in lower case), but then Mexican's language turns around much of the English language as in casa duh vato = vato's house. Pun intended. He is indeed one of the Mexican's here that is creating turmoil and harboring illegal aliens for political reasons. That my friends is what we are fighting against. We want all Americans to share in the same culture, the American culture, and race has nothing to do with it, unless you want to be racially divisive for political reasons as vato wishes to do. Don't be fooled by anything this soldier duh Aztlan has to say. Pun intended.
VOTEOUTGOP posted at 6:31 pm on Mon, May 21, 2012.
Get the GOB's (Good Ole Boys) out of office in AZ! Elect a government where the Governor knows that she doesn't "balance" the budget just because she produces one that looks good on paper. It actually has to "balance" at the end of the year after you pay the state's bills. She just keeps cutting funding of every type that helps the common person. When even less of the population cannot attend college she will have exactly what she wants. More uneducated people who are too ignorant to realize what an idiot she really is.
VOTEOUTGOP posted at 6:32 pm on Mon, May 21, 2012.
Another AZ official, another idiot!
manini posted at 9:59 am on Sun, May 27, 2012.
Hooray for Maricopa County Sheriff Joe "Tent City" Arpaio's illegal MX aliens & criminal MX Drug Cartel murderers jailer!!!! He must be doing an outstanding
job with a $4 million MX Drug Cartel bounty on his head. Joe Arpaio has got my
vote for Maricopa County Sheriff in 2012 because the man has "huevos" & testicular
fortitude to protect the law-abiding Maricopa County citizens' public safety.
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