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LACEY v. MARICOPA COUNTY

Nos. 09-15703, 09-15806.

649 F.3d 1118 (2011)

Michael LACEY; Jim Larkin; Phoenix New Times, LLC, Plaintiffs-Appellants, v. MARICOPA COUNTY, a public entity, Joseph Arpaio, Sheriff, and Ava Arpaio, husband and wife; Dennis Wilenchik and Becky Bartness, husband and wife; John Does I-X; Jane Does I-X; Black Corporations, I-V; and White Partnerships, I-V, Defendants-Appellees. Michael Lacey; Jim Larkin; Phoenix New Times, LLC, Plaintiffs-Appellees, v. Joseph M. Arpaio, Sheriff and husband; Ava Arpaio, wife; John Does I-X; Jane Does I-X; Black Corporations, I-V; White Partnerships, I-V; Maricopa County Attorney's Office, a public entity, Defendants, and Dennis Wilenchik; Becky Bartness, wife, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2011.

Attorney(s) appearing for the Case

Michael J. Meehan , Munger Chadwick, P.L.C., Tucson, AZ, ( Michael C. Manning , Leslie E. O'Hara , and John T. White , Stinson Morrison Hecker LLP, Phoenix, AZ, on the opening brief) for the plaintiffs/appellants/cross-appellees.

Eileen Dennis GilBride ( William R. Jones, Jr. , with her on the brief), Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for defendants/appellees/cross-appellants Joseph and Ava Arpaio.

Scott H. Zwillinger ( Laura A. Freeman with him on the briefs), Zwillinger Greek Zwillinger & Knecht PC, Phoenix, AZ, for defendants/appellees/cross-appellants Dennis Wilenchik and Becky Bartness.

Timothy J. Casey ( Drew Metcalf with him on the brief), Schmitt, Schneck, Smyth & Herrod, P.C., Phoenix, AZ, for defendants/appellees/cross-appellants Andrew Thomas, The Maricopa County Attorney's Office, and Maricopa County.

Opinion by Judge TYMKOVICH; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

TYMKOVICH, Circuit Judge:

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney's Office and the Sheriff's Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special prosecutor and possibly others...

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