DOJ Files Suit Against Arizona Sheriff's Office

The U.S. Department of Justice is stepping up its investigation into the office of Joe Arpaio, the controversial sheriff of Maricopa County, Ariz., and a nationally known opponent of illegal immigration.

DOJ attorneys filed a complaint today in U.S. District Court in Arizona, alleging that Arpaio and his staff have obstructed their investigation. The department wants to know whether the sheriff’s office is discriminating based on national origin in its police practices and jail operations, according to the 10-page complaint (PDF).

So far, the department alleges, Arpaio’s staff has responded to the investigation with only a handful of documents. “Despite notice of their obligation to comply in full with the United States’ requests for information, Defendants have refused to do so,” the complaint says.

Robert Driscoll, a partner in the Washington office of Alston & Bird who represents the sheriff’s office, said in a statement that he has tried to cooperate with the Justice Department. He said he met with DOJ officials on Friday, telling them the sheriff's office would cooperate with "all reasonable document requests" and would schedule interviews with senior staff.

"We were awaiting a response from DOJ, and this lawsuit is apparently it," Driscoll said in the statement. "Clearly DOJ is more interested in filing its third lawsuit in as many weeks against Arizona defendants than in looking into the allegations that purportedly gave rise to its investigation."

The Justice Department’s filing says that the federal government has a right to examine certain documents from the sheriff’s office because the office receives federal grant money. Four attorneys from the department’s Civil Rights Division are on the brief, in addition to Assistant Attorney General Thomas Perez and U.S. Attorney for Arizona Dennis Burke.

Updated at 4:25 p.m. with Driscoll's response.

Comments

[JohnnyA]

Darren,

A quick Google search on “LAPD DOJ abuses” will show plenty of attention the DOJ has given the LAPD.

In the 90s the DOJ conducted similar civil rights investigations across the country and all of the involved departments (about 20, including LAPD) cooperated with the investigations and agreed to the recommended changes. In the case of LAPD, they had to operate under DOJ supervision for over 10 years.

Very few departments fight the investigations and generally the threat of going to court is enough to get cooperation. It’s the first time in 30 years the DOJ has been stonewalled by a police department, therefore the lawsuit.

Arpaio’s not new to DOJ investigations. He was first investigated in ’97 and agreed to implement changes (although the same abuses continue). He’s also facing a parallel investigation for harassment and baseless lawsuits filed against political opponents.

There’s a lot to like about Arpaio: he’s tough on crime and illegal immigration. The problem is it’s not the full story. He’s a repeat and unrepentant offender of serious abuses of the justice system.

As we know from the LAPD, Arpaio could easily go through the motions with the DOJ and hold them off for years while he does as he pleases. Arpaio wants the lawsuit and wants it now – it will increase his ‘celebrity’ status and help his political allies in the elections.

[Darren Chaker]

I am for accountability in any law enforcement organization, however do find if these issues have been present for the last decade, why is the lawsuit filed now? The ACLU (Los Angeles) has been dealing with racism, and excessive force issues for years, but no DOJ interest. http://www.aclu-sc.org/releases/view/103024

This is simply a way the federal government is trying to penalize and quiet Arizona government for bringing international attention to the fact the federal government fails to take the border issue seriously.

Illegal is not a race. Terrorist is not a civil right. The fact is far more than mere "undocumented workers" come through the border and only Arizona has courage to remove people from its state who have no right to be there.

In short, if DOJ intends to cure civil rights issues, it should do so on a broader basis since Maricopa County is not the sole alleged violator of civil rights. Darren Chaker

[JohnnyA]

Mr. Psaki,

There are plenty of credible reports of abuses of power by Arpaio going back over 15 years. Google “corrupt sheriff Arpaio” and you’ll find plenty. Abuses also include roughness that has resulted in deaths of several detainees and he harasses political opponents with false arrests and baseless lawsuits. The above have been proven in court and, he’s cost the county and state tens of millions of dollars in lawsuit payouts.

Google the case of Eduardo Caraballo, a US citizen who was detained for 3 days despite being able to produce a valid license and birth certificate. An officer can declare your license, birth certificate and passport as fakes with impunity and you sit in a jail cell with common criminals for hours or days while your lawyer goes through hoops to get you out.

What I find amazing is in an age where there is unprecedented access to factual information via the Internet and we are all aware of increasingly sloppy 24x7 media ‘news’ coverage few people make any effort at all to dig below the surface and check facts before forming opinions and getting into arguments.

[DinDC]

In what is a transparent and desperate election year attempt to rally the leftwing base of their party, the president and attorney general are squandering yet more tax dollars on a political prosecution, hoping to halt or reverse their recent plummet in the polls.

[Nicholas Psaki]

Mr. Threiss, have you personally witnessed any of the things you allege? Frankly, I'm skeptical of your account. I certainly haven't seen any credible reports of such behavior by the police, and I'm sure in the current political climate the press would be all over them if they were happening. As for selective enforcement of the laws, well, most prosecutors and police forces "selectively enforce" the laws, based on many factors. Do you want the police citing you every time you exceed the speed limit?

What I find amazing about this action is that the DOJ is stonewalling the US Commission on Civil Rights, while at the same time complaining that the Sheriff's Dept. is 'hampering its investigation.' Sauce for the goose, guys.

[RickPo]

Thank God for Sheriff Joe! I am doing all I can to vote out any politician who doesn't have the courage to enforce our border laws!!! They are the problem and not the solution. Join me.

[Helmut Threiss]

Anti-white? Have you ever seen Dennis Burke? He's as pale and Irish as they come. It's not a matter of enforcing laws -- it's a matter of selectively enforcing laws, which is what Arpaio's doing. That's unconstitutional and it's un-American.

I'm amazed at how so-called constitutionalists who preach against the evils of government intrusion in their lives don't seem to mind that American citizens and legal immigrants (just like all of our relatives) are being stopped, questioned, detained and asked for their papers. I'm white, but Hispanic friends of mine -- 2nd- and 3rd-generation Americans who don't even speak Spanish -- have been stopped and questioned in ways I've never experienced. This is not hypothetical. It is happening. American citizens are being detained and asked intrusive questions about their lives.

You're seriously okay with that?

I'm not.

Joe Arpaio is the Bull Connor of our day, and I'm glad someone has the courage and patriotism to stand up to him.

[Las Vegas Attorney]

Is this a mere fishing expedition or is there something really there? There is a law in AZ that you cannot abuse a camel. Has there been an investigation on that?

[DPJ]

Give me a break. The justice department is attempting to enforce federal law relating to border enforcement, immigration and anti-discrimination.

I find the "DOJ is anti-white" and "non-whites helping non-whites" comments by Mr. Ettore to be both racist and personally offensive, not to mention just plain wrong.

Signed,
White Guy Who is Against Racial Discrimination and Full-of-Themselves-Out-of-Control Sherrifs

[ProsAtty]

The Mexican drug gangs now are threatening police in border towns.

See: http://abcnews.go.com/US/mexican-drug-cartels-threaten-police-arizona/story?id=10995661

Our Consitution does not require us to be imbeciles.

[Dan Callahan]

It makes sense when you consider that the Obama administration is simply trying to convert these "Undocumented Democrats" into card carrying voters to keep his party in power.

[DKK]

Unbelievable. We have a sheriff who is actually enforcing the very law that is on the books, and the idiotic DOJ files a lawsuit against him? The Obama administration is making some very very bad tactical mistakes.

[Joseph Ettore]

I believe the DOJ is anti-white. This lawsuit does not make sense unless you have a bunch of non-whites helping non-whites.