Archive for the ‘Civil Rights Litigation’ Category

MCSO Fourth Amendment Violations

The U.S. Department of Justice in a report dated December 15, 2011 stated that the Maricopa County Sheriff’s Office (MCSO) use of excessive force may constitute a pattern or practice of Fourth Amendment violations under Section 14141. Example:

• In May 2009, an MCSO deputy stopped E.E., a Latino U.S. citizen, after E.E. picked up a Latino day laborer. The deputy told E.E. that he had pulled him over for speeding, but E.E. suspected that he had been pulled over because of his and his passenger’s Latino ethnicity. E.E. questioned the deputy’s reason for pulling him over. The deputy, along with other MCSO deputies who had arrived on the scene, responded by forcibly removing E.E. from his vehicle, twisting his arm, head, and neck and causing E.E. to fall and hit his face on the pavement. The MCSO deputies kept E.E. on the ground, handcuffed him, and searched him. E.E. was bleeding from multiple lacerations to his face, and experienced neck and back pain from the holds the MCSO deputies had used to remove him from his vehicle. E.E. was ultimately taken to a medical facility where he received treatment for injuries to his face, neck, shoulder, and back. E.E. was never charged with any offense that might explain the officers’ use of force. Instead, E.E. was charged with criminal speeding and failure to produce identification. Both of these charges were eventually dropped.

Latinos vs MCSO

The U.S. Department of Justice found that the Maricopa County Sheriff’s Office has engaged in discriminatory policing practices against Latinos, as follows:

1. Latino drivers are likely to be stopped by MCSO officers four to nine times more often on Maricopa County roads than similarly situated non-Latino drivers; and

2. A study of traffic-related incident reports generated by MCSO’s Human Smuggling Unite (HSU) over a three-year period showed that roughly one-fifth of the reports, almost all of which involved Latino drivers, contained information indicating that the stops were conducted in violation of the 4th Amendment’s prohibition against unreasonable seizure.

The U.S. Department of Justice has found reasonable cause to believe that the Maricopa County Sheriff’s Office (MCSO) engaged in a pattern of unconstitutional policing.

On December 15, 2011, The U.S. Department of Justice charged that the Maricopa County Sheriff’s Office’s immigration enforcement practices are unconstitutional and are harming innocent Latinos. If you are Latino and have been detained or otherwise mistreated by law enforcement officers in the past two years, or you are a Latino minor under the age of 18 and have been detained or otherwise mistreated by law enforcement officers, you may have a claim for damages.

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