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USA Today/ - News, Sáb, 31 de Março de 2012
CLIPPING INTERNACIONAL (Civil Rights)
Ariz. sheriff faces crossroads in civil
rights case
PHOENIX – America's self-proclaimed toughest sheriff
is fast approaching a crossroads where he must
decide either to settle claims that his officers racially
profiled Latinos in his trademark immigration patrols —
and overhaul his practices — or take his chances at
trial.
Maricopa County Sheriff Joe Arpaio faces an April 14
deadline for concluding talks with the U.S. Justice
Department to settle a wide range of civil rights
allegations, including that the sheriff launched some
immigration patrols based on letters from people who
complained about people with dark skin congregating
in a given area or speaking Spanish but never
reporting an actual crime. The sheriff has become
nationally known for his tough stance against illegal
immigration.
A settlement could lead to changes long sought by
Arpaio's critics and short-circuit a separate racial
profiling case set for trial this summer. Most police
agencies facing similar pressures from the Justice
Department opt to settle, but critics wonder whether
the sheriff's stubborn streak — a quality that endears
him to his supporters — will lead him to confront the
allegations in court.
"It makes him a hero," said Antonio Bustamante, a
Phoenix civil rights attorney and member of a group of
Latino and black leaders calling for an overhaul of
Arpaio's policies. "We have a different character as a
sheriff."
The Justice Department has accused Arpaio's office of
racially profiling Latinos, punishing Hispanic jail
inmates for speaking Spanish and having a culture of
disregard for basic constitutional rights. The sheriff's
office has denied allegations of systematic
discriminatory policing, and asked federal authorities to
provide facts. But it also conditionally agreed to talk
with the Justice Department about ways to correct any
violations.
The Justice Department is seeking an agreement that
would require the sheriff's office to train officers in how
to make constitutional traffic stops, collect data on
people arrested in traffic stops and reach out to
Latinos to ensure them that the department is there to
also protect them.
The federal agency has said it's prepared to sue
Arpaio and let a judge decide the matter if no
agreement can be worked out. Earlier in the three-year
investigation, the Justice Department filed a 2010
lawsuit against the sheriff, alleging that his office
refused to fully cooperate with a request for records
and access to jails and employees. The case was
settled last summer after the sheriff's office handed
over records and gave access to employees and jails.
After his lawyers attended a negotiation session in
early February, Arpaio's office said both sides agreed
to work on an agreement and were committed to
avoiding unnecessary litigation.
The status of negotiations since the February meeting
is unknown. Arpaio's lawyers didn't return messages
seeking comment, and the Justice Department
declined to provide an update, other than saying
negotiations are continuing.
Arpaio said he didn't know how the case would be
resolved, but that his lawyers are trying to cooperate.
"We'll just have to look at the big picture and see what
they want and see if we agree to it," Arpaio said. "I
presume that if we don't agree, they'll go to court."
Separate from the Justice Department's allegations, a
lawsuit that alleges that Arpaio's deputies racially
profiled Latinos in immigration patrols is scheduled for
a July 19 trial in federal court.
A small group of Latinos who filed the lawsuit alleged
that officers based some traffic stops on the race of the
drivers of in the vehicles, and made the stops so they
could inquire about the driver's immigration status.
Arpaio denies racial profiling, saying people pulled
over in the sweeps were approached because
deputies had probable cause to believe they had
committed crimes.
U.S. District Judge Murray Snow, who will decide the
lawsuit, has already imposed restrictions on Arpaio's
immigration powers and said at a March 23 court
hearing that a settlement in the Justice Department's
investigation might make the lawsuit moot.
But if Arpaio refuses to settle and the federal
government follows through on its threat to sue, the
profiling lawsuit will go to trial, ensuring that the
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