Académique Documents
Professionnel Documents
Culture Documents
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DISTRICT OF ARIZONA
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v.
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Defendant.
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Order as follows:
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I.
QUESTION NO. 3
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DEFENDANT ARPAIOS
RESPONSE TO JANUARY 29, 2016
ORDER
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NO. CV 07-02513-PHX-GMS
Doc. 6102
Doc. 698
Doc. 719
Doc. 730
Doc. 7833
Doc. 786
Defendant Arpaio does not object to the unsealing of the following documents so
long as any redactions contained within the documents remain once they are unsealed.
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Doc. 610 appears to already be unsealed and publically available from the Courts
Docket as Doc. 615.
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Defendant Arpaio also agrees with this Court that the following documents
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Doc. 788
Doc. 790
Doc. 814
Doc. 823
Doc. 827
Doc. 830
Doc. 833
Doc. 845
Doc. 848
Doc. 874
Doc. 994
Doc. 1033
Doc. 1072
Doc. 1073
Doc. 1077
Doc. 1084
Doc. 1107
Doc. 11534
Doc. 1335
Doc. 1420
Doc. 1472
Doc. 15635
Doc. 1566
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Doc. 1062
Doc. 1259
Doc. 1260
Doc. 1313
Doc. 1314
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However, Defendant Arpaio does not see a continuing need for Docs. 415 and 449 to
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remain under seal and requests that the Court unseal those documents.
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Exhibit A contained in Doc. 786 contains the names of individuals who were
arrested, as well as their dates of birth (See Doc. 786 at p. 26]. Defendant Arpaio has not
been able to verify whether or not the individuals identified in this document have been
convicted.
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Doc. 1335 contains sealed exhibits (Exs 8-16). Defendant Arpaio does not object
to unsealing the exhibits contained in Doc. 1335, with the exception of Exhibit 14, as
detailed in Footnote 7 below.
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This Courts January 29, 2016 Order references Doc. 1566 as a transcript filed
under seal. [See Doc. 1610 at 3:15-18]. However, upon information and belief, this is not
a sealed transcript but this Courts November 18, 2015 Order. To the extent this Court is
referring to another sealed transcript that it intends to unseal, Defendant Arpaio requests
the opportunity to review that transcript and determine whether or not it should remain
sealed.
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Doc. 8266
Doc. 1335 (Exhibit 14)7
Doc. 1443
Doc. 1456
Doc. 1529
Defendant Arpaios objection to Docs. 1335, 1433, 1456 and 1529 arise out
of his concern for impeding the ongoing criminal investigation discussed in those
documents. Defendant Arpaio reasserts that the information detailed in Docs. 1335, 1433,
1456 and 1529 still involves an active, ongoing criminal investigation conducted by the
Arizona Department of Public Safety and the Arizona Attorney Generals Office.8
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Moreover, Arizona courts, in conjunction with A.R.S. 38-1109, recognize that there are
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CA-CV 2015-0018, 2016 WL 90780, at *2 (App. Jan. 7, 2016) (quoting Carlson v. Pima
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Cty., 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984)) (a public officer may refuse
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release or inspection of a public record if such disclosure might lead to substantial and
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Such a limitation upon public access is also consistent with federal law. See
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Foltz v. State Farm Mutual Auto. Ins. Co., 311 F.3d 1122, 1135 (9th Cir. 2003) (The
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common law right of access.is not absolute and can be overridden given the sufficiently
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compelling reasons for doing so.); N.L.R.B. v. Robbins Tire & Rubber Co., 437 U.S. 214,
224-25 (1978) (citations omitted) (Congress has recognized that law enforcement agencies
have a legitimate need to keep certain records confidential, lest the agencies be hindered
in their investigations or placed at a disadvantage when it came time to present their case);
5 U.S.C. 552(b) (a Public Records (FOIA) request does not apply to records or
investigation from the public cannot proceed indefinitely, and is relaxed after the
investigation at issue has completed, the privilege is at its height during an active, ongoing
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investigation as we have here. Compare Times Mirror Co. v. United States, 873 F.2d
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1210, 1214 n.6 (9th Cir. 1989) (acknowledging the trial courts ruling that the
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government's interest in completing its criminal investigation far outweighed the public's
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interest in obtaining the warrant materials while the investigation was ongoing.);
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Swanner v. United States, 406 F.2d 716 (5th Cir. 1969) (pendency of a criminal
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States v. Loughner, 769 F. Supp. 2d 1188, 1191 (D. Ariz. 2011) (refusing to initially
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disclose warrant materials during active, ongoing criminal investigation, but disclosing
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them after investigation has concluded and a final indictment was issued); Youngblood v.
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Gates, 112 F.R.D. 342, 347 (C.D. Cal. 1985) (the investigation is no longer ongoing, the
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5 U.S.C. 552(b) holds that a Public Records request does not apply to records or
information compiled for law enforcement purposes, to the extent that the production of
such law enforcement records or information (A) could reasonably be expected to
interfere with enforcement proceedings, (B) would deprive a person of a right to a fair
trial or an impartial adjudication, (C) could reasonably be expected to constitute an
unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose
the identity of a confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a confidential basis,
and, in the case of a record or information compiled by criminal law enforcement
authority in the course of a criminal investigation or by an agency conducting a lawful
national security intelligence investigation, information furnished by a confidential
source, (E) would disclose techniques and procedures for law enforcement investigations
or prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention of the
law, or (F) could reasonably be expected to endanger the life or physical safety of any
individual.
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consensus is that a litigant should be allowed access to law enforcement files as needed to
As such, both Arizona and federal law make it unequivocally clear that
enforcement officer, must remain confidential and outside of public records until it is final
and complete. Because the investigation discussed in Docs. 1355, 1433, 1546 and 1529
involves an ongoing criminal investigation, this Court should continue to keep these
II.
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III.
QUESTION NO. 9
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Counsel for Defendant Arpaio informs the Court that it does not believe that
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or otherwise appears on the docket of this matter. However, Defendant Arpaio notes that
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Should this Court be disinclined to keep these documents under seal, Defendant
Arpaio respectfully requests that it permit defense counsel to redact the information
related to the ongoing criminal investigation before these documents are unsealed.
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Defendant Arpaio notes that in his answer to Question No. 12, Defendant Arpaio
indicated that MELC1404203a-14042017 was responsive to the Courts question. This is
a typographical error. The correct bates stamp to the document referred to in Defendant
Arpaios answer to Question No. 12 is the same as Defendant Arpaio indicated in his
response No. 6(f) - MELC1404203a-MELC1404207 (attached as Exhibit A to this
pleading).
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By s/ John T. Masterson
John T. Masterson
Joseph J. Popolizio
Justin M. Ackerman
2901 North Central Avenue, Suite 800
Phoenix, Arizona 85012
Attorneys for Defendant Joseph M. Arpaio
and the Maricopa County Sheriffs Office
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CERTIFICATE OF SERVICE
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I hereby certify that on this 5th day of February, 2016, I caused the
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foregoing document to be filed electronically with the Clerk of Court through the
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CM/ECF System for filing; and served on counsel of record via the Courts CM/ECF
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system.
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/s/Mary M. Soto
4747813.1
2/5/16
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EXHIBIT A
A
1
IA #
Principal
Findings
Discipline
Summary
Property
MELC1404203a-1404207a
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4
5 CIA2015-0018
6 CIA2015-0081
Cosme
Dep. Richard Dickner
No Charges
No Charges
$260 discovered not put into P&E and not accounted for
44 ID's and 2 Plates found in his patrol gear
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8
9
10
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No Charges
N/A
N/A
N/A
Unfouned
12 IA2014-0339
13 IA2014-0451
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No Principals ID'd
Jeremy Blaine
Lt. Pete Metzler
Unfounded
Sustained 01/26/15
Sustained 01/26/15
15 IA2014-0541
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17
18
19
20
21
22
23
24
25
26
27
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29
30
31
32
33
34
35 IA2014-0542
36
37
38
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40
CIA2015-0082
IA2014-0221
IA2014-0253
IA2014-0295
IA2014-0302
WR 01/26/15
WR 01/26/15
Numerous items
thousands of audio/video files
N/A
N/A
N/A
N/A
WR 06/17/15
WR 06/04/15
WR 06/17/15
WR 06/08/15
WR 06/08/15
Supervision of Dep. Armendariz
N/A
Suspended
MELC1404203a
Principal
Findings
Sgt. Scott
Chief Lopez
Exonerated 06/17/15
Exonerated 06/17/15
Chief Trombi
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44
45
46
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49 IA2014-0544
50 IA2014-0545
Lt. Sousa
Sgt. Trowbridge
Lt. Jakowinicz
Chief Sheridan
Chief MacIntyre
Dep. Daniel Gandara
Dep. Roland Gonzalez
51 IA2014-0546
52 IA2014-0547
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54
55
56 IA2014-0548
IA2014-0562
IA2014-0563
IA #
41
2
42
IA2014-0543
57
58
Discipline
Summary
N/A
N/A
N/A
N/A- Deceased
Ticket
Sustained 02/11/15
WR 02/11/15
Sustained 02/04/15
WR 02/04/15
WR 02/14/15
Coaching 01/22/15
IA2014-0566
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62 IA2014-0567
Traffic stop for move over law and his interpretation of law
Exonerated 12/15/14
Exonerated 01/22/15
Unfounded 01/27/15
Unfounded 01/27/15
Sustained 01/22/15
Sustained 04/16/15
Coaching 04/16/15
Sustained 01/15/15
Coaching 01/14/15
Sustained 04/16/15
Sustained 02/04/15
Coaching 04/16/15
WR 02/04/15
IA2014-0568
64 IA2014-0569
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66 IA2014-0570
67
68 IA2014-0571
69
IA2014-0572
IA2014-0573
70
71 IA2014-0574
72 IA2014-0575
Property
How a traffic stop was handled and investigation into how members
of command failed to implement a Court Order relating to traffic
stops.
59 IA2014-0564
60 IA2014-0565
63
WR 01/26/15
MELC1404204a
Principal
Findings
Discipline
Sustained 02/23/15
Coaching 02/23/15
Exonerated 02/11/15
IA2014-0578
Sustained 04/16/15
IA2014-0579
Unfounded 01/09/15
IA2014-0580
IA2014-0581
IA2014-0582
IA2014-0582
IA2014-0583
IA2014-0584
IA2014-0585
Sustained 01/22/15
IA2014-0586
IA2014-0587
Coaching 01/08/15
IA2014-0588
Sgt. Duncanson
Sustained 01/22/15
Demoted 05/01/15
IA2014-0589
88
89 IA2014-0590
90 IA2014-0591
91 IA2014-0592
Sustained 02/10/15
Coaching 02/10/15
Exonerated 01/08/19
Exonerated 01/09/15
Not Sustained 01/22/15
IA2014-0749
92
93
94
95
96 IA2014-0761
97
98 IA2014-0774
99
100 IA2014-0775
Exonerated 12/17/14
Exonerated 12/17/14
Exonerated 12/17/14
Exonerated 12/17/14
Sustained 03/16/15
Sustained 03/16/15
Not Sustained 05/22/15
Not Sustained 05/22/15
Not Sustained 05/20/15
IA2014-0776
Dep. Ortega
IA #
2 IA2014-0576
73
74 IA2014-0577
75
76
77
78
79
80
81
82
83
84
85
86
87
101
102
103
IA2014-0777
IA2014-0778
104
Coaching 04/16/15
Coaching 01/22/15
Summary
Unsafe positioning of patrol car, fail to mirandize, did not explain
cite
Employee's conduct while assisting Dep. Armendariz
Unsafe positioning of patrol car on stop, comments about stopping
other car
Fail to notify supervisor of comments Armendariz made on traffic
stop
Failure to Mirandize suspect
Property
Drivers License
Demoted 05/01/15
Coaching 03/16/15
Debit card
MX ID card & WA DL
MX voter ID card & MX Consular
card
MELC1404205a
Principal
Findings
IA2014-0780
Property
IA2014-0781
IA2014-0782
IA2014-0783
IA2014-0801
IA2014-0817
IA2014-0874
IA2015-0016
113
114 IA2015-0017
115
116
IA2015-0018
2
IA2014-0779
105
106
107
108
109
110
111
112
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
Discipline
Summary
IA #
WR 06/02/15
WR 06/02/15
WR 06/02/15
WR 06/18/15
WR 06/04/15
MELC1404206a
A
1
IA #
156
157
158
159
160
161
162
163
164
165
166
Principal
Findings
Discipline
Summary
Property
Sustained 05/27/15
Not Sustained 05/20/15
N/A
WR 05/27/15
Purse
N/A
Sustained 05/20/15
WR 05/28/15
Duplicate IA of IA2015-0019
Report indicated $260 taken from SP was put into P&E but no
record
IA2015-0447
Exonerated 09/01/15
IA2015-0386
IA2015-0393
IA2015-0475
IA2015-0483
IA2015-0511
IA2015-0644
IA2015-0682
IA2015-0683
IA2015-0735
IA2015-0780
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
OPEN
140
2 IA2015-0019
141
142 IA2015-0020
143
144
145
146
147
148
149
150
151
152
153
154
155
IA2015-0021
IA2015-0022
IA2015-0103
IA2015-0356
IA2015-0357
WR 06/04/15
WR 06/04/15
Coaching 04/21/15
MELC1404207a