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PINAL CO. v. COOPER EX REL. CO. OF MARICOPA

No. 1 CA-SA 15-0171.

360 P.3d 142 (2015)

PINAL COUNTY, a government entity; Fritz Behring, Petitioners, v. The Honorable Katherine COOPER, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Timothy Gaffney, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

October 20, 2015.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli, P.L.C., By Georgia A. Staton , Jonathan P. Barnes, Jr. , Phoenix, Counsel for Petitioners.

Catanese Law Firm, P.C., By David J. Catanese , Phoenix, Counsel for Real Party in Interest.

Judge PETER B. SWANN delivered the opinion of the court, in which Presiding Judge ANDREW W. GOULD and Judge SAMUEL A. THUMMA joined.

OPINION

¶ 1 The issue in this case is whether evidence that a government official acted with ill will is sufficient to defeat qualified immunity. Because qualified immunity is a complete defense to a tort action absent a showing of objective malice, we hold that evidence of spite or ill will is not sufficient to prevent...

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