Ninth Circuit Says Publishers Jailed Over Story Can Sue Arpaio

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By: Kennth Ofgang |

The publishers of a weekly newspaper, arrested late at night after publishing the contents of purported grand jury subpoenas, can sue the prosecutor who allegedly ordered their arrests, and the sheriff who allegedly instigated them, the Ninth U.S. Circuit Court of Appeals ruled yesterday.  

In an en banc decision, the court said Michael Lacey, Jim Larkin, and Phoenix New Times, LLC can sue former special prosecutor Dennis Wilenchik and Sheriff Joe Arpaio for retaliation in violation of the First Amendment, false arrest in violation of the Fourth Amendment, and selective prosecution in violation of the Equal Protection Clause, as well as conspiracy.

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