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LACEY v. MARICOPA COUNTY

Nos. 09-15703, 09-15806.

693 F.3d 896 (2012)

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 August 29, 2012.

Attorney(s) appearing for the Case

Michael C. Manning , Stinson Morrison Hecker LLP, Phoenix, AZ; Michael J. Meehan (argued), Law Office of Michael Meehan, Tucson, AZ, for the appellants.

Eileen Dennis Gilbride (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for appellees Joseph Arpaio and Ava Arpaio.

Timothy J. Casey (argued), Schmitt, Schneck, Smyth & Herrod, P.C., Phoenix, AZ, for appellees Andrew Thomas, the Maricopa County Attorney's Office, and Maricopa County.

Laura A. Freeman , Zwillinger Greek Zwillinger & Knecht PC, Timothy J. Casey , Schmitt, Schneck, Smyth & Herrod, P.C., Phoenix, AZ, for appellees-cross-appellants Dennis Wilenchik and Becky Bartness.

Opinion by Judge BYBEE; Dissent by Chief Judge KOZINSKI; Dissent by Judge TALLMAN.

OPINION

BYBEE, Circuit Judge:

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff's Office ("MCSO") and the Maricopa County Attorney's Office ("MCAO"), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, "Lacey") sued Sheriff Joseph Arpaio, head of the MCSO; County Attorney...

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