Donahoe v. Arpaio
| Decision Date | 09 April 2012 |
| Docket Number | No. CV11–1921–PHX–NVW.,No. CV11–0473–PHX–NVW.,No. CV10–2758–PHX–NVW.,No. CV10–2757–PHX–NVW.,No. CV11–0902–PHX–NVW.,No. CV11–0116–PHX–NVW.,No. CV10–2756–PHX–NVW.,CV10–2756–PHX–NVW.,CV10–2757–PHX–NVW.,CV10–2758–PHX–NVW.,CV11–0116–PHX–NVW.,CV11–0473–PHX–NVW.,CV11–0902–PHX–NVW.,CV11–1921–PHX–NVW. |
| Citation | Donahoe v. Arpaio, 869 F. Supp. 2d 1020 (D. Ariz. 2012) |
| Parties | Gary DONAHOE and Cherie Donahoe, husband and wife, Plaintiffs, v. Sheriff Joseph ARPAIO and Ava Arpaio, husband and wife; Andrew Thomas and Anne Thomas, husband and wife; Lisa Aubuchon and Peter R. Pestalozzi, wife and husband; Deputy Chief David Hendershott and Anna Hendershott, husband and wife; Peter Spaw and Jane Doe Spaw, husband and wife; Maricopa County, a municipal entity; Jon Does I–X; Jane Does I–X; Black Corporations I–V; and White Partnerships I–V, Defendants. Susan Schuerman, Plaintiff, v. Sheriff Joseph Arpaio and Ava Arpaio, husband and wife; et al., Defendants. Sandra Wilson and Paul Wilson, husband and wife, Plaintiffs, v. Sheriff Joseph Arpaio and Ava Arpaio, husband and wife; et al., Defendants. Conley D. Wolfswinkel, a single man; Brandon D. Wolswinkel, a single man; Ashton A. Wolfswinkel, a single man; Vanderbilt Farms, LLC, an Arizona limited liability company; ABCDW, LLC, an Arizona limited liability company; Stone Canyon, LLC, an Arizona limited liability company; Vistoso Partners, LLC, an Arizona limited liability company; and W Harquahala, LLC, an Arizona limited liability company, Plaintiffs, v. Sheriff Joseph Arpaio and Ava Arpaio, husband and wife; et al., Defendants. Mary Rose Wilcox and Earl Wilcox, wife and husband, Plaintiffs, v. Sheriff Joseph Arpaio and Ava Arpaio, husband and wife; et al., Defendants. Donald T. Stapley, Jr. and Kathleen Stapley, husband and wife, Plaintiffs, v. Sheriff Joseph Arpaio and Ava Arpaio, husband and wife; et al., Defendants. Barbara Mundell, Plaintiff, v. Maricopa County, body politic of the State of Arizona; et al., Defendants. |
| Court | U.S. District Court — District of Arizona |
OPINION TEXT STARTS HERE
Lawrence J. Wulkan, M. Elizabeth Nillen, Michael C. Manning, Stefan Mark Palys, Stinson Morrison Hecker LLP, Kenneth B. Vaughn, Merwin D. Grant, Grant & Vaughn PC, Colin F. Campbell, Kathleen Erin Brody Omeara, Osborn Maledon PA, Phoenix, AZ, Lawrence C. Wright, Wright & Associates, Mesa, AZ, Shannon Marie Eagan, Stephen C. Neal, Cooley LLP, Palo Alto, CA, for Plaintiffs.
Daryl A. Audilett, Kimble Nelson Audilett & Kastner PC, Tucson, AZ, Donald Wilson, Jr., Richard E. Chambliss, Sarah Lynn Barnes, Broening Oberg Woods & Wilson PC, Barry Matthew Markson, Caleb Saul Lihn, Thomas Thomas & Markson PC, Nicole Suzanne Kaseta, Rebeca Hoeffer Moskowitz, Steven A. Lamar, Beer & Toone PC, Phoenix, AZ, Douglas V. Drury, James Paul Mueller, Mueller & Drury PLLC, Scottsdale, AZ, for Defendants.
ORDER
Pending before the Court are multiple motions to dismiss the amended complaints filed by Plaintiffs in this action: DefendantMaricopa County's Partial Motion to Dismiss Second Amended Complaints of Plaintiffs Stapley, Donahoe and Wilson (Doc. 270); Thomas Defendants' Consolidated Motion to Dismiss Claims in Plaintiffs' Amended Complaints Pursuant to Rule 12(b)(6), as the Claims are Barred by Absolute Prosecutorial Immunity (Doc. 271);Defendants Arpaios' Motion to Dismiss Pursuant to FRCivP8,...
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41 cases
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United States v. Cnty. of Maricopa
...immunity merely because it may be desirable for some policy reason.”).Arpaio cites Donahoe v. Arpaio in support of his position. 869 F.Supp.2d 1020 (D.Ariz.2012) aff'd sub nom. Stapley v. Pestalozzi, 733 F.3d 804 (9th Cir.2013). In Donahoe, Arpaio had filed suit against various Maricopa Cou......
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Donahoe v. Arpaio
...be granted in part and denied in part.I. SUMMARY OF RULINGS The allegations underlying this dispute are set forth in Donahoe v. Arpaio, 869 F.Supp.2d 1020 (D.Ariz.2012), aff'd sub nom. Stapley v. Pestalozzi, 733 F.3d 804 (9th Cir.2013). They describe an extended criminal and civil campaign ......
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Casavelli v. Johanson
...These actions simply reflect a functioning legal practice, however, and the practice of law is not racketeering. Donahoe v. Arpaio, 869 F. Supp. 2d 1020, 1053 (D. Ariz. 2012), aff'd sub nom. Stapley v. Pestalozzi, 733 F.3d 804 (9th Cir. 2013). Even if Plaintiffs properly assert claims of fo......
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Donahoe v. Arpaio
...be granted in part and denied in part.I. SUMMARY OF RULINGS The allegations underlying this dispute are set forth in Donahoe v. Arpaio, 869 F. Supp. 2d 1020 (D. Ariz. 2012), aff'd sub nom. Stapley v. Pestalozzi, 733 F.3d 804 (9th Cir. 2013). They describe an extended criminal and civil camp......
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2 books & journal articles
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§ 6.5.4.4.4 FALSE LIGHT AND DEFAMATION.
...See Employment Torts § 6.4.4.[39] Desert Palm Surgical Grp., 236 Ariz. at ¶ 29, 343 P.3d at 450; see also Donahoe v. Arpaio, 869 F. Supp. 2d 1020, 1063 (D. Ariz. 2012); Douglass v. Hustler Magazine, Inc., 769 F.2d 1128 (7th Cir. 1985) (Plaintiff consented to the publication of her nude phot......
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Part two: case summaries by major topic.
...either a payment plan or community service. (Hidalgo County Jail, Texas) U.S. District Court EMPLOYEE QUALIFICATIONS Donahoe v. Arpaio, 869 F.Supp.2d 1020 (D.Ariz. 2012). In consolidated cases, members of a county board of supervisors, county staff, and judges of county courts, brought acti......