Obama administration sues ‘America’s Toughest Sheriff’

The Justice Department filed an official complaint against Sheriff Joe Arpaio, known as “America’s Toughest Sheriff,” on Thursday.

The complaint charges Arpaio with a pattern “of unconstitutional conduct” since 2006 including discrimination against Latinos and illegal retaliation against perceived critics. It is the result of an investigation into allegations of discrimination and negligence by Arpaio in his position as Maricopa County, Ariz., sheriff.

Assistant Attorney General Thomas Perez said Thursday that DOJ was “left with no choice” but to file the civil complaint.

“At its core, this is an abuse of power case involving a sheriff and sheriff’s office that disregarded the Constitution, ignored sound police practices, comprised public safety, and did not hesitate to retaliate against perceived critics,” Perez said in remarks prepared for a press conference in Maricopa County. “We recognize the hard and dangerous work law enforcement officers do every day.  Our work is intended to make their work more effective and safer.”

Arpaio’s methods have long been controversial, and recently the Obama administration has been investigating his conduct.

Late last year, the Justice Department released findings that blamed Arpaio's leadership for a pattern of discrimination against Hispanics by the sheriff’s office. The alleged violations include policing and jail practices that discriminate against Latinos, particularly noting those with “limited English proficiency” and retaliation against critics of the department. Members of the Obama administration quickly cut ties with Arpaio as a consequence. The DOJ had asked Arpaio to address its identified deficiencies with a number of reforms, including working with a court-appointed monitor, but Arpaio refused.

"If they sue, we'll go to court. And then we'll find out the real story," Arpaio said at a press conference on Wednesday, according to multiple reports. "They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that.”

Perez stressed in his remarks that the proposed independent monitor is not a new or extraordinary requirement.

“Monitors do not usurp the function of sheriffs; in fact, there was a provision in the proposed agreement that stated, ‘The monitor shall not, and is not intended to, replace or assume the role or duties of the defendant, including the Sheriff,’” Perez said. “Monitors work collaboratively with sheriffs’ offices, police departments, courts, communities and the Justice Department to provide necessary support and assistance to ensure that the problems are fixed in a sustainable fashion. Unfortunately, this provision was unacceptable to the Sheriff and MCSO and they ended negotiations.”

Arpaio has remained popular with many conservatives due to his tough stance on crime and immigration. Most of the candidates for the 2012 Republican presidential nomination sought his endorsement, and he ultimately campaigned with Texas Gov. Rick Perry.

Arpaio has previously framed the dispute as the administration being out to get him, an argument also made by Perry in Arpaio’s defense. Arizona Sen. John McCain (R) has stressed that it is important for Arpaio to address the charges against him.

The case will be assigned to a federal judge, defended by the administration and result in what will likely be a hotly contested judgment due to the high-profile players and issues involved.

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