Sheriff Joe Arpaio’s attorneys have filed a “Motion to Dismiss” in response to Eric Holder’s ridiculous lawsuit alleging racial discrimination by the Sheriff and his deputies against “Latinos” through their enforcement of existing Federal immigration laws.
Arpaio’s lawyers have called on a Federal court in Phoenix to dismiss the DOJ’s lawsuit, in a 23-page response, asserting that Holder failed to back his claims with “sufficient statistical evidence.” Such evidence is required in Federal discrimination lawsuits, and the DOJ has provided none.
The filing also asserts that the DOJ has no ability to even sue the sheriff’s office “because it is a nonjural entity incapable of suing or being sued,” and asked for the sheriff’s office to be dismissed as a defendant. This claim seems well-grounded in case law, and would provide a major hurdle for Holder & Co. if the judge agrees with Arpaio’s claim.
In addition, the DOJ had accused the Maricopa County Sheriffs Office – the nation’s 4th largest – with “racially profiling Latinos” and “punishing Hispanic jail inmates for speaking Spanish” – essentially not providing “adequate Spanish-language assistance” to such prisoners.
Arpaio’s response specifically takes on the latter charge, asserting that Title VI of the Civil Rights Act of 1964 requires proof of “discrimination” on the basis of “race, color, or national origin”. However, the DOJ asserts a non-existent criteria of “limited English proficiency” in their lawsuit, and Arpaio uses case law to assert that such claims under the Civil Rights Act have been rejected in prior circuit court cases (see details in the full text of the Motion below).
Arpaio also asserts that additional DOJ’s claims must be dismissed because they are made on behalf of unnamed individuals with no proof of harm whatsoever; and that the DOJ cannot obtain “oversight” or “supervision” as injunctive relief over MCSO, if it “interferes with jail operations”, or “overrides the setting of law enforcement priorities” – citing a Supreme Court ruling to back it up.
It is an exceptional, muscular response to an arrogant DOJ used to pushing its weight around, particularly Holder and his La Raza-veteran Civil Rights Division head Thomas Perez, who have tried to bully 5 states over commonsense Voter ID provisions, playing disgraceful racial politics at the expense of the rule of law.
Sometimes all it it takes is one person to stand up and say “NO,” for others to see that the system can be fought, that tyranny can be opposed. As Thomas Jefferson said: “One man with courage is a majority.”
We salute Sheriff Joe for refusing to back down in the face of the tyranny of Eric Holder – the man who Mark Levin has called “the most corrupt Attorney General in history” – who himself should be standing trial for the deaths of slain Border Agent Brian Terry, ICE Agent Jaime Zapata, and hundreds of Mexican civilians who died as a result of the guns he handed over to murderous cartel gunmen.
Justice is on the side of Sheriff Joe. He will prevail, and we stand with him.
Full Arpaio “Motion to Dismiss” text below…