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Joe Arpaio Facing Justice Department Lawsuit Over Alleged Civil Rights Violations

By WALTER BERRY 05/09/12 09:59 PM ET AP

Joe Arpaio Justice Department

PHOENIX — Federal authorities said Wednesday that they plan to sue Arizona sheriff Joe Arpaio and his office over allegations of civil rights violations, including the racial profiling of Latinos.

The U.S. Justice Department 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 reach out to Latinos to assure them that the department is there to also protect them.

Arpaio has denied the racial profiling allegations and has claimed that allowing a court monitor would mean that every policy decision would have to be cleared through an observer and would nullify his authority.

DOJ officials told a lawyer for Arpaio on April 3 that the lawman's refusal of a court-appointed monitor was a deal-breaker that would end settlement negotiations and result in a federal lawsuit.

The "notice of intent to file civil action" came Wednesday from Assistant U.S. Attorney General Thomas Perez in a letter to an Arpaio lawyer.

Perez, who heads the DOJ's civil rights division, noted that it's been more than 100 days since the sheriff's office received the DOJ's findings report and federal authorities haven't met with the Maricopa County Sheriff's Office counsel since Feb. 6 to discuss the terms of a consent agreement.

At a news conference Wednesday afternoon, Arpaio defended himself in the face of the pending lawsuit.

"If they sue, we'll go to court. And then we'll find out the real story," he said. "There's lots of miscommunication emanating from Washington. They broke off communications.

"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 added.

Last December, the DOJ released a scathing report accusing Arpaio's office of racially profiling Latinos, basing immigration enforcement on racially charged citizen complaints and punishing Hispanic jail inmates for speaking Spanish in Arizona's most populous county.

The DOJ also accused Arpaio of having a culture of disregard for basic constitutional rights.

The civil rights allegations have led some Arpaio critics to call for his resignation, including the National Council of La Raza, a prominent advocacy group for Latinos.

The sheriff's office also is facing criticism over more than 400 sex-crimes investigations – including dozens of alleged child molestations – that hadn't been investigated adequately or weren't examined at all over a three-year period ending in 2007.

Arpaio has apologized for the botched cases, reopened 432 sex-crimes investigations and made 19 arrests.

Separate from the civil rights probe, a federal grand jury has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009. That grand jury is examining the investigative work of the sheriff's anti-public corruption squad.

The self-proclaimed toughest sheriff in America has been a national political fixture who has built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime and pushing the bounds of how far local police can go to confront illegal immigration.

Also on HuffPost:

FOLLOW LATINO VOICES

PHOENIX — Federal authorities said Wednesday that they plan to sue Arizona sheriff Joe Arpaio and his office over allegations of civil rights violations, including the racial profiling of Latino...
PHOENIX — Federal authorities said Wednesday that they plan to sue Arizona sheriff Joe Arpaio and his office over allegations of civil rights violations, including the racial profiling of Latino...
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HUFFPOST SUPER USER
spccowb
I was born in 1950. My father was a career Army Sg
03:31 PM on 06/19/2012
Sherrif Joe is the poster boy for having a Federal Government. There has to be a central authority such as a Federal Government that holds states to the US Constitution. Because if there isn't guys like Sherrif Joe come along and turn nice communities into their little kingdom. And they begin to abuse whatever power their vast egos tell them they have. They're pathetic. But they're real dangerous with a badge. And that's why you need an Attorney General. You see? It's just like they taught you in school. Or should've taught you. Pay attention or you could end up in a camp. And I don't mean a summer one. Concentrate!
04:58 AM on 05/22/2012
WHAT DO YOU EXPECT FROM ANTI-WHITE ERIC HOLDIT'S ANTI WHITE DOJ?
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HUFFPOST SUPER USER
Giordano Adelgardo
Always trying to do the right thing
10:20 AM on 05/26/2012
Since when is that Latin European Arpaio white? There is a difference between white Europeans: Germans, Dutch, Norweigans, ect..., and Latin Europeans (non-white): Italians, Spanish, Portuguese, ect... Arpaio is ITALIAN. HOLDER is white, ARPAIO is not. class dismissed
10:37 AM on 05/26/2012
Giordano, did you go through any school past elementary school. Latin Europeans are Caucasians just not Germanic. Holder is part black and part white. That's why he looks the way he does.
RTIII
Poster of over 0.0135% of all HufPost comments
09:46 PM on 05/13/2012
Prosecute, prosecute, prosecute.

I wonder if he _personally_ can be convicted here?! If so, that would be great news.
09:09 AM on 05/13/2012
Arpaio first started his civil right battles in 1997. It has been THIS administration who wants him out. They did not like the fact that he also investigated Obama's birth certificate. It's called 'getting even'.
RTIII
Poster of over 0.0135% of all HufPost comments
09:47 PM on 05/13/2012
No, it's called "upholding the law" - in this case meaning Arapaio is clearly way out of line and needs to conform to the law.
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HUFFPOST SUPER USER
BeasTT
01:02 AM on 05/13/2012
How many years have we been hearing this garbage ?

Sheriff Joe has been elected and reelected how many times now ?

This false propaganda nonsense is nothing more than a political ploy to get the Latino vote.

People vote with their wallet, so immigration (which is not the sole issue for many Latinos) is somewhat on the back-burner for Latinos.

Let's not forget, the Deporter in Chief has deported more people than any president in history.

Let's review...

Reelect Obama = expansion of Secure Communities and more deportations.

Elect Mitty = enforcing existing immigration laws.

How are they different again ?
RTIII
Poster of over 0.0135% of all HufPost comments
09:48 PM on 05/13/2012
"Sheriff Joe has been elected and reelected how many times now ?"

Who cares - unconstitutional behavior on the part of the cops is still unconstitutional nomatter what the people who elected him think.
11:27 AM on 05/14/2012
Exactly.

Hitler was a democratically elected leader.
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HUFFPOST SUPER USER
Makos62
Liberty was won, so it shouldn't be sold
04:19 PM on 05/11/2012
"If they sue, we'll go to court. And then we'll find out the real story,"….that was the most idiotic statement I think he has made. Of course if they sue you will go to court, and of course the true story will come out. Funny how he talks about the "true story" and that communication with Washington broke down. I guess he means he isn't going to explain himself until he knows exactly what he is being accused of, so he does't inadvertantly admit guilt for something they didn't know about yet. He had to re-open 423 sex crimes cases..423!!!
03:27 PM on 05/11/2012
It's time to put this man out of business....what a waste of life thinking he runs the show.....you big goof....make him wear pink undies and photograph him.....I forget that he's his own boss... I would never live in Arizona.....never!!!!!
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HUFFPOST SUPER USER
BeasTT
01:02 AM on 05/13/2012
He has been the elected Sheriff for DECADES, good luck Vito.
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dvtaz
Conservative to the core. Make my day!
02:32 PM on 05/11/2012
This is the price Sheriff Joe pays for doing the job this administration has failed to do. The DOJ can buy all the witnesses they need to punish him. The sad part is we are suppose to accept the credibility of these "victims" who have nothing to lose by lying.
10:57 PM on 05/11/2012
The most egregious allegations made against Arpaio and Maricopa jails were not made by Hispanics. Many non Hispanics have died in his jail at the hands of his employees. Arpaio is not in charge of the long term prisons, His manages County jails so most the people in his jails have not been charged or brought before a judge. A Phoenix newspaper has reported on the details of these deaths and it's chilling.

The victims of the criminal abuse of power charges are not Hispanic.

The misuse of over $100M in funds under his trust had nothing to due with Hispanics. He kept a separate set of books different from the official records kept by Human Resources.

Arpaio is using immigration to gather people to his defense as it's such a contentious topic but abuse of possible illegal aliens is only one issue. But on that topic, deporting illegal aliens is appropriate for the correct authority but its not okay to beat them up first.
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HUFFPOST SUPER USER
BeasTT
12:55 AM on 05/13/2012
People die in jail, people also die in society too.

Were you trying to make a point ?
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LJ P
aut viam inveniam aut faciam
07:35 AM on 05/11/2012
This will not be filed once once the Supreme Court comes out in favor or Arizona's 1070 law.
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HUFFPOST SUPER USER
Aaron Watkins
ƀ Rebours
01:31 AM on 05/11/2012
Obama sure has his boy Holder going after Arizona from every possible angle.

They have already lost the Arizona Employers Sanction law in the Supreme Court and most likely most of SB1070 will be upheld.

This after they have refused to release subpenoed evidence that Holder was aware of Fast and Furious (which killed a US border agent) and lied about it under oath.

http://dailycaller.com/2012/05/03/contempt-citation-details-documents-holder-has-refused-to-give-congress/

Will Holder sue his own department for obstructing justice and government inquiries?
06:57 PM on 05/10/2012
Complaints from La Raza ? Wow, what a surprise. lol

Cecilia Munoz is head of the Domestic Policy Council of La Raza. MuƱoz is now serving as the White House's director of intergovernmental affairs and is in charge of outreach to state and local governments.
She is the former senior vice president for the radical open-border National Council of La Raza.

So you can see how this complaint against Sheriff Arpaio was instigated. La Raza wants to throw open the border and annex Mexico with the United States, allowing free unrestricted travel to and from Mexico. Of course La Raza. would call for Arpaio's resignation. They don't want anyone stopping unrestricted immigration. And Obama loves the extra voters, so its a sure bet he would jump at the chance to sue Sheriff Joe Arpaio. Its one step in his plan to dismantle the U.S. He told you what he would do when he was elected, he said he would fundamentally change the United States of America. Next time listen to him, while you still have a country. Four more years and it will no longer resemble the America you grew up in. Remember in November.
10:31 PM on 05/10/2012
Hey Nature Man - What country did your ancestors immigrate from? Because I can guarantee that it wasn't the United States of America since the Native Americans are the only ones who can lay claim to that. And if the "America you grew up in" only had white European descendants in it, you must have been frozen in time or something.
[SIC] - Yes, the Mexicans are going to flood the United States and just take over. There will be no more migrant jobs or housekeeping positions for the good hard-working white folk that usual do them. - [SIC]
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HUFFPOST SUPER USER
Aaron Watkins
ƀ Rebours
01:36 AM on 05/11/2012
You mean like journalism jobs that illegals like Antonio Vargas take?

There are many good jobs that illegals have taken. There are millions from around the world that want to come to the US. Illegals cross the border knowing that if they are caught they will be sent back.

3 million illegals under the 1986 amnesty given citizenship and now if we give 12 million more illegals amnesty only more will come.

No other country in the world allows this type of insanity of illegal invasion. Unfortunately, the President is trying to get the latino vote from latinos who care more about their own race (90% of illegals are latino) than what is good for the country.
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HUFFPOST SUPER USER
BeasTT
12:59 AM on 05/13/2012
Angelina,

You should be grateful for Nature Man's ancestors immigrating, because if not, YOU would not be here.

YOU are descended from Asian, European, and African migrants who traversed large distances in brutal climates to eventually lay claim to the land YOU allegedly claim.

You say you were here first, well I say that my people gave breath, thought, and purpose to your people.

Show some respect, after all, those White European devils and their survival are why you are even speaking right now.
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12:07 AM on 05/11/2012
Oh, ho - the old Republican BS about illegals voting. I bet you're a birther as well!
HUFFPOST SUPER USER
ter3bak
04:23 PM on 05/10/2012
The problem begins with Holder and his selective law enforcement There have been many things over looked by Holder and company , includiny his own contempt charges This a smoke screen aimed at getting the Latino votes for his boss Illegals have no rights , they broke the law but Holder wont hear that
07:02 PM on 05/10/2012
ter3bak, You pinpointed the problem, and this all stems from Arpaio carrying out his sworn duties to the people who elected him five times, I think its five times. And Arpaio dug a little too deep into the presidents past, this is what a lot of this is about. fanned
04:21 PM on 05/10/2012
The irony here is the local population of Maricopa county loves Joe Arpaio , one of the most heavily hispanic counties in the entire country . He keeps serving term after term . Thats why I love America . The press can twist things however they want , but you can't fool a local voter .
07:07 PM on 05/10/2012
Your right burthurt, and most of those hispanics are legal, they don't want illegal immigration anymore than the rest of the folks want it. But you know how these liberals will twist every issue to suit their agenda. But they will be stopped cold in November. fanned
HUFFPOST SUPER USER
spccowb
I was born in 1950. My father was a career Army Sg
05:51 AM on 05/11/2012
You've got to be joking. The GOP doesn't have a snow flake's chance in Arizona Heat to win in November. The whole party is going down in flames. And they can take their buckets of money with them. Don't you see? Your worst nightmare has come true. The demographics of Lilly White USA has shifted to BRONZE.
04:15 PM on 05/10/2012
This department of justice is perhaps the most inept in U.S. history . Eric Holder should be impeached for his Racial biases and comments concerning the black panthers and the nationally know fact that they publically solicited murder , or his role in selling arms to Mexican druglords resulting in the death of a border agent and countless Mexican citizens . Every American citizen should be outraged by this selective enforcement of the law and should call their members of congress to ask for his removal
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livedlong
haven't yet seen it all, but seen enough
03:52 PM on 05/10/2012
over 7,000 comments, many of them espousing the machevellian view that Arpaio's ends justify the means. Be careful what you wish for, my wild-west friends. The dishonarable sheriff is goverment out-of-control at it's worst. It's funny how many people are happy to turn a blind eye to this type of government overreach, but think that finding a way to make sure everyone has health insurance is excessive. Doesn't say much for us as an evolved species, does it?
04:26 PM on 05/10/2012
No but it does say alot about the majority Hispanic voter in mariciopa county that your so easy to dismiss . They obviously agree with his aproach the mans served what , 20 years in office ? He could be easily voted out .
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livedlong
haven't yet seen it all, but seen enough
04:36 PM on 05/10/2012
I was referring to the people who commented on this article, who no doubt are from all over the U.S.  It isn't at all clear that everyne in Maricopa county is hunky-dory with this sad excuse of a human being.  You shouldn't dismiss them. 
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HUFFPOST SUPER USER
Aaron Watkins
ƀ Rebours
01:38 AM on 05/11/2012
Its not machevellian, its the way of the world.

Every other country deports people who are there illegally. Only in the US do the ignorant few believe that they have right to sneak across the border and then magically become citizens. And the President agrees.