Posted by AzBlueMeanie:
Remember when crazy Uncle Joe Arpaio, Sheriff of Maricopa County, told his ardent critics who accused him of having a policy of unlawful racial profiling of Latinos to "prove it" in court? Be carfeful what you wish for, old man.
Today, U.S. District Court Judge G. Murray Snow specifically found from the evidence presented at trial that the Maricopa County Sheriff's Office has a policy of unlawful racial profiling of Latinos, and issued an order enjoining that policy, with a 142 page Findings of Fact and Conclusions of Law.
(.pdf). Awesome!
If you don't have time to read 142 pages, Stephen Lemons at the Phoenix New Times has his celebratory take, Joe Arpaio's Doomsday: Arpaio Loses ACLU Civil Rights Lawsuit, MCSO Enjoined from Racially Profiling Latinos:
U.S. District Judge G. Murray Snow just handed the ACLU, the Mexican
American Legal Defense and Educational Fund, the law firm Covington
& Burling, all Latinos and everyone who has strived for justice in
Maricopa County a reason to celebrate over the long holiday weekend by
ruling against Sheriff Joe Arpaio in the big Melendres v. Arpaio racial profiling lawsuit.
Essentially, Snow found that the MCSO does engage in racial profiling and discrimination, and he has ordered it to stop.
The decision reads, in part, that,
[I]n determining whom it will detain and/or investigate, both
with respect to its LEAR policy, and in its enforcement of
immigration-related state law, the MCSO continues to take into account a
suspect's Latino identity as one factor in evaluating those persons
whom it encounters. In Maricopa County, as the MCSO acknowledged and
stipulated prior to trial, Latino ancestry is not a factor on which it
can rely in arriving at reasonable suspicion or forming probable cause
that a person is in the United States without authorization.
Thus, to the extent it uses race as a factor in arriving at
reasonable suspicion or forming probable cause to stop or investigate
persons of Latino ancestry for being in the country without
authorization, it violates the Fourth Amendment. In addition, it
violates the Plaintiff class's right to equal protection under the
Fourteenth Amendment to the Constitution and Title VI of the Civil
Rights Act of 1964.
* * *
As a result, Snow is laying down the law:
"For the reasons set forth above," he writes, "Plaintiffs are
entitled to injunctive relief to protect them from usurpation of rights
guaranteed under the United States Constitution.
"Therefore, in the absence of further facts that would give rise to reasonable suspicion or
probable cause that a violation of either federal criminal law or applicable state law is
occurring, the MCSO is enjoined from (1) enforcing its LEAR policy, (2) using Hispanic
ancestry or race as any factor in making law enforcement decisions pertaining to whether
a person is authorized to be in the country, and (3) unconstitutionally lengthening stops."
"The evidence introduced at trial establishes that, in the past, the
MCSO has aggressively protected its right to engage in immigration and
immigration-related enforcement operations even when it had no accurate
legal basis for doing so.
"Such policies have apparently resulted in the violation of this
court's own preliminary injunction entered in this action in December
2011. The Court will therefore, upon further consideration and after
consultation with the parties, order additional steps that may be
necessary to effectuate the merited relief."
"In case Snow wasn't clear enough for you slavish, nativist, redneck
supporters of Joe, and for his deputies, below are the details of Snow's
order."
IT IS THEREFORE ORDERED that Plaintiffs are entitled to injunctive relief
necessary to remedy the Fourth and Fourteenth Amendment violations caused by
MCSO's past and continuing operations. The MCSO is thus permanently enjoined from:
1. Detaining, holding or arresting Latino occupants of vehicles in Maricopa
County based on a reasonable belief, without more, that such persons are in the country
without authorization.
2. Following or enforcing its LEAR policy against any Latino occupant of a
vehicle in Maricopa County.
3. Using race or Latino ancestry as a factor in determining to stop any vehicle
in Maricopa County with a Latino occupant.
4. Using race or Latino ancestry as a factor in making law enforcement
decisions with respect to whether any Latino occupant of a vehicle in Maricopa County
may be in the country without authorization.
5. Detaining Latino occupants of vehicles stopped for traffic violations for a
period longer than reasonably necessary to resolve the traffic violation in the absence of
reasonable suspicion that any of them have committed or are committing a violation of
federal or state criminal law.
6. Detaining, holding or arresting Latino occupants of a vehicle in Maricopa
County for violations of the Arizona Human Smuggling Act without a reasonable basis
for believing that, under all the circumstances, the necessary elements of the crime are
present.
7. Detaining, arresting or holding persons based on a reasonable suspicion that
they are conspiring with their employer to violate the Arizona Employer Sanctions Act.
IT IS FURTHER ORDERED setting a hearing at which the above matters will
be discussed for Friday, June 14, 2013 at 9:30 a.m. in Courtroom 602, Sandra Day
O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-
2151.
As Stephen Lemon reminds us, "The only thing better than this ruling would be the folks at Respect Arizona scoring the signatures needed by this May 30 to recall our racial-profilin' sheriff from office. Who knows, this may be the last-minute miracle they need."
Now get out there and get those final signatures!