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News execs can sue Arpaio for arrest, court rules Aug. 29, 2012 12:10 PM Associated Press Two newspaper executives who were arrested by Sheriff Joe Arpaio's office after a series of critical articles can sue the man who calls himself America's toughest sheriff. The 9th Circuit U.S. Court of Appeals on Wednesday overturned a lower court ruling that Phoenix New Times co-owners Michael Lacey and Jim Larkin could not sue authorities for the 2007 arrest. The men were arrested after revealing that Arpaio's allies in the Maricopa County attorney's office obtained a grand jury subpoena to identify sources for articles about the sheriff. Arpaio and the prosecutors eventually backed off. The court ruled the executives could sue Arpaio for false arrest and violations of their First and 14th Amendment rights, among other claims. New Times is an alternative weekly that is part of Village Voice Media.
News execs can sue Arpaio for arrest, court rulesSourceNews execs can sue Arpaio for arrest, court rules by Michael Kiefer - Aug. 29, 2012 03:26 PM The Republic | azcentral.com The 9th U.S. Circuit Court of Appeals on Wednesday reinstated a federal civil rights and conspiracy lawsuit filed by Phoenix New Times owners Mike Lacey and Jim Larkin against Maricopa County Sheriff Joe Arpaio and a special prosecutor appointed by former County Attorney Andrew Thomas. The claims in the lawsuit date to October 2007, when Lacey and Larkin were arrested in the middle of the night after publishing information in New Times about extensive subpoenas issued by special prosecutor Dennis Wilenchik. Arpaio pressured the County Attorney's Office to prosecute New Times writers for publishing his address and pointing out that the address was already available online. Arpaio had failed to convince former County Attorney Rick Romley to prosecute, and the Pinal County Attorney's Office also declined. Thomas then appointed Wilenchik, his former employer and political ally as special prosecutor, to look into the matter. When Lacey and Larkin published a story about the subpoenas, former Sheriff's Chief Deputy David Hendershott ordered that they be arrested. Lacey and Larkin sued in Maricopa County Superior Court over the arrest, but the case was removed to U.S. District Court. There, a federal judge decided that Thomas, Arpaio and Wilenchik had immunity from the lawsuit because of their positions as prosecutors and law enforcement officers. New Times appealed to the 9th Circuit. In an opinion issued today, a three-judge panel denied absolute immunity to Arpaio and limited immunity for Wilenchik, saying there was probable cause that they violated the owners' civil rights by retaliating because of the story and committing false arrest. The case was sent back to U.S. District Court with orders to move forward. The appellate court, however, concluded the case did not rise to the level of malicious prosecution. Thomas was allowed to keep absolute prosecutorial immunity because he had attempted to remove himself from the case by appointing Wilenchik, even though, as the opinion states, "appointing Wilenchik was part of a plan to harass and prosecute the New Times, largely for the benefit of Arpaio." The court invited Lacey and Larkin to amend their lawsuit to find more compelling evidence that Thomas engaged in conspiracy with the others.
Court: News execs can sue Arpaio for arrestSourceCourt: News execs can sue Arpaio for arrest Posted: Wednesday, August 29, 2012 9:47 pm Associated Press Two newspaper executives who were arrested by Sheriff Joe Arpaio's office after a series of critical articles can sue the man who calls himself America's toughest sheriff. The 9th Circuit U.S. Court of Appeals on Wednesday overturned a lower court ruling that Phoenix New Times co-owners Michael Lacey and Jim Larkin could not sue authorities for the 2007 arrest. The men were arrested after revealing that Arpaio's allies in the Maricopa County attorney's office obtained a grand jury subpoena to identify sources for articles about the sheriff. Arpaio and the prosecutors eventually backed off. The court ruled the executives could sue Arpaio for false arrest and violations of their First and 14th Amendment rights, among other claims. New Times is an alternative weekly that is part of Village Voice Media.
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