Las Vegas Review-Journal (Sunday)
Pardon decision leaves Arpaio open to lawsuits
Ex-sheriff ’s request to toss all rulings denied
PHOENIX — After failing to get his criminal conviction wiped off his record as a result of his pardon from President Donald Trump, former Arizona lawman Joe Arpaio could be targeted by lawsuits arising out of his acknowledged disobedience involving a 2011 court order to stop his immigration patrols.
A judge has rejected Arpaio’s request to throw out a decision that explains why she found him guilty of misdemeanor contempt of court.
The former sheriff wants the ruling thrown out in a bid to clear his name and bar attorneys from using it in future court cases as an example of a prior bad act.
Latinos who were illegally detained by Arpaio’s officers during the 17-month period in which the sheriff disobeyed the order will be able to apply for money from a taxpayer-funded compensation system for the harm they suffered.
Or they could file a lawsuit seeking damages from illegal detentions, though no such civil cases have yet been filed. Prosecutors and Arpaio’s critics say at least 170 people were detained illegally because Arpaio didn’t stop the patrols.
Lydia Guzman, a longtime opponent of Arpaio’s immigration crackdowns, said Friday that she finds some consolation in the latest ruling, even though the pardon eliminated criminal penalties that the former sheriff would face.
“It’s still on his record,” Guzman said. “If he had any inkling of running for office again, I would hope that his opponent, whoever would oppose him, would use this. This doesn’t erase the facts, as the judge said. The facts are the facts.”
Prosecutors had accused Arpaio of prolonging the patrols so that he could promote his immigration enforcement efforts in a bid to boost his successful 2012 re-election campaign. His defiance of the court order is believed to have contributed to his 2016 election loss after serving 24 years as metro Phoenix’s top law enforcer.