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MCSO v. MARICOPA COUNTY EMPLOYEE MERIT

No. CV-04-0046-PR.

119 P.3d 1022 (2005)

MARICOPA COUNTY SHERIFF'S OFFICE, Plaintiff-Appellant, v. MARICOPA COUNTY EMPLOYEE MERIT SYSTEM COMMISSION, and Daniel Juarez, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

September 21, 2005.

Attorney(s) appearing for the Case

Richard M. Romley, Former Maricopa County Attorney, Andrew Thomas, Maricopa County Attorney, by Mary C. Cronin, Deputy County Attorney, Phoenix, Attorneys for Maricopa County Sheriff's Office.

Kutak Rock, L.L.P., by Michael W. Sillyman, David M. Park, Scottsdale, Attorneys for Maricopa County Employee Merit System Commission.

Bihn & McDaniel, P.L.C., by Martin A. Bihn, Donna M. McDaniel and Law Office of Loyd C. Tate, by Loyd C. Tate, Phoenix, Attorneys for Daniel Juarez.

OPINION

JONES, Justice.

¶ 1 Daniel Juarez, a Maricopa County merit system employee, worked as a detention officer at the Madison Street Jail. He also worked in an extra-duty capacity as an employee of the Maricopa County Sheriff's Office (the "MCSO"), assigned to work at the Gran Mercado Swap Meet in Phoenix. During the evening of February 11, 2001, two individuals were arrested at the swap meet on suspicion of criminal activity and brought to the sheriff...

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