Lacey, et al. v. Arpaio, et al., No. 09-15703 (9th Cir. 2011)
Annotate this CaseThis case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. The newspaper executives and the Phoenix New Times, LLC (collectively, "plaintiffs") subsequently sued various officials connected with the Maricopa County Attorney's Office and the Sheriff's Office, including the county attorney, the sheriff, and a special prosecutor, alleging that the special prosecutor and possibly others ordered the arrest of the newspaper executives at their homes in the middle of the night after The Phoenix New Times newspaper published various articles critical of the officials. At issue was whether the district court erred in dismissing plaintiffs' federal claims and in remanding their remaining claims to state court. The court held that, while many of the actions alleged were protected by either absolute or qualified immunity, the actions of the special prosecutor in arranging the newspaper executives' arrest raised colorable claims of First and Fourth Amendment violations. Accordingly, the court affirmed in part and reversed in part.
The court issued a subsequent related opinion or order on November 10, 2011.
The court issued a subsequent related opinion or order on November 10, 2011.
The court issued a subsequent related opinion or order on August 29, 2012.
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