Ariz. sheriff's lawyers respond to federal suit

Joe Arpaio, sheriff in Maricopa Country, Arizona on April 4, 2012. / CBS News

(AP) PHOENIX - Attorneys for Maricopa County Sheriff Joe Arpaio asked a federal court Friday to dismiss a lawsuit that claims his office carried out a pattern of discrimination against Latinos in the sheriff's trademark immigration patrols and had a culture of disregard for basic constitutional rights.

The motion by Arpaio's attorneys came nearly a month after the U.S. Justice Department filed a suit accusing Arpaio's office of racially profiling Latinos and punishing Hispanic jail inmates for speaking Spanish.

Arpaio also is accused of launching some immigration patrols based on citizen letters that complained about people with dark skin congregating in a given area or speaking Spanish but never reported an actual crime.

The sheriff has denied allegations of systematic discriminatory policing. He has called the lawsuit a politically motivated attack by the Obama administration intended to gain favor with Latino voters, and insisted that the Justice Department provide facts to prove its allegations.

In their filing Friday in U.S. District Court in Phoenix, Arpaio's lawyers said the sheriff's office should be dismissed as a defendant "because it is a nonjural entity incapable of suing or being sued."

The motion also said the Justice Department failed to back its claims with "sufficient statistical evidence."

Department of Justice officials said in a December letter to Arpaio that it provided those details to his office.

A call to the Justice Department in Washington, D.C., for comment on Arpaio's motion wasn't immediately returned Friday evening.

The lawsuit came after settlement talks were called off in April when the sheriff refused to agree to a court-appointed monitor who would help enforce an agreement. The sheriff's office said allowing a court monitor would mean every policy decision would have to be cleared through an observer and would nullify his authority.

Video: Ariz. Sheriff refuses DOJ oversight
Justice Dept. sues Arizona sheriff Joe Arpaio

The Justice Department is seeking an agreement requiring the sheriff's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and reach out to Latinos to assure them the department is there to also protect them.

Arpaio has launched 20 immigration patrols known as "sweeps" 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 offenders.

Arpaio hasn't launched a sweep in eight months. Critics say he has backed away from the sweeps because his lawyers have told him they make it more difficult to defend him in court. The sheriff disputes that he has suspended the sweeps and promised to launch one at some point in the future.

[AOCGUY]

There are many things I like about Arapaio, pink underwear, no smoking, wholesome TV channels, tents (hey I spent many a summer as a scout in a tent and many a night in a tent in the military - dsidn't hurt me, won't hurt them). Jail shouldn't be pleasant but it shouldn't be dangerous either. The purpose of jail/prison is primarily to remove dangerous people from the rest of us. Second it should be a negative motivation for folks to obey the law when free.

Arapaio has, however been accused of treating certain groups of lawbreakers differently than others and that is wrong.

[djseavy]

I wonder how many negative posts were authored by people outside the county, and how many have been in trouble with the law. I think the only thing he's done wrong is being too eager to get in front of a camera. Beyond that, there's a reason he's so popular in the county and has been re-elected so many times. If you're not breaking the law, and you're in the country legally, you really have nothing to worry about. The political correctness and tree-hugging has gone a long way toward ruining this society and it's time to once again enforce the laws. People complain about the high crime rate, but when somebody comes along and tries to crack down on criminals, then people complain about that. Could it be that people just like to complain - regardless of the situation?

[AOCGUY]

I don't know if you consider my posts as negative but I most certainly am inside the U.S (Florida), am an American (born) citizen, never been arrested (well there was that bar fight a Va Tech in 72), and I have never employed an illegal alien in my life.

[davidd5063]

"The sheriff's office said allowing a court monitor would mean every policy decision would have to be cleared through an observer and would nullify his authority." I'm glad this piece of dog feces with no respect for the rule of law can at least comprehend the point of civil rights suits. News flash dog feces, when you vote for people with no respect for the rule of law, we have FEDERAL CIVIL RIGHTS LAWS that allow us to NULLIFY YOUR AUTHORITY - THAT'S THE WHOLE POINT!

[davidd5063]

In fact, the ENTIRE reason we have Civil Rights laws is because bigots have shown a tendency to conregate together an attempt to CIRCUMVENT the rule of law with their own hateful, bigotted, views.

[nehicks]

Like our Congress and our President, who disregard the Constitution, if it doesn't fit their agenda?

[Concerned2009]

Who can debate his results. If those who were arrested were innocent there might be an argument for his dismissal. As far as his policies with respect to prisons - the inmates are being punished for crimes against society. A little humiliation goes a long way.

Our society has become too politically correct - tell you what, why don't you just hug the next guy that breaks into your home in the middle of the night to steal from you and rape your wife and kids?

Bring issue inside your doors and see how PC you really want to be.

There are some issues with some of his tactics, however, the results speak volumes.

[Antayap]

Yada yada yada . When joe is doing a good job no says anything. But when he try's to fight for the American everyone *******. No one can ever be happy unless they are ******* about something. Keep up the god job Joe.

[facelessdrone2005]

"Arpaio has launched 20 immigration patrols known as "sweeps" 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 offenders."

I'm in favor of tough enforcement, unpleasant jails, pink uniforms for prisoners, etc. I'm even in favor of sweeps. What I'm NOT in favor of is deliberately targeting one ethnic group. If Latinos are doing most of the crimes, they'll be picked up in fair, nondiscriminatory sweeps without any need to target them.

[pjsuther]

Maricopa County: the new Munich as the home of 21st century fascism. How soon before there is another Noche do Vidrio Roto?

[audemus]

Despues de que los nazis perpetrarun un violento ataque a los judios en Alemania durante el pogrom de Kristallnacht ( "ula noche de los vidrios rotos" ), de 9-10 noviembre de 1938, el gobierno britanico relajo las restricciones de inmigracion para ciertas categorias de refugiades judios.


Todos somos hijos de Dios....

I'm sure he still doesn't know what is being said. Sad.

[ammo17]

joe,hold on for another six months.obama and his lying attorney genenral will be gone and then we can bring murder and treason chargers against holder.

[AOCGUY]

If you have the evidence why wait - do it now. Otherwise you're just making noise.

[knucklecheese]

No doubt. You sound exactly like those idi0ts who were calling for Bush and Cheney to be prosecuted. They didn't have a shred of evidence either, remember? You're better than them, aren't you?

[44wonder]

Sheriff Joe a Great American and a true patriot..Like Washington and Lincoln...Go Joe..

[Former_Marine_Sgt]

Joe a patriot?

Hardly. He's a big mouthed bully and a bigot who's got power.

That's all this little tin man is.

[audemus]

Hitler was a "Great" German and a true patriot also...judging from your comments, I'd suggest you stop quoting Washington and Lincoln.

"Arbitrary power is most easily established on the ruins of liberty abused to licentiousness."

- George Washington








"Those who deny freedom to others deserve it not for themselves."

"Better to remain silent and be thought a fool, than to speak out and remove all doubt."

-Abraham Lincoln





"Those who deny freedom to others deserve it not for themselves."

[karlejohn]

First thing we need to do is check Sheriff Joe Arpaio birth records, to make sure he is in the country legally. What goes around comes around.

[Former_Marine_Sgt]

"Grow up"?

So should 'Sheriff Joe'

But I don't see him doing that anytime soon either.