Law professor comments on Arpaio lawsuit

A recent article in The Arizona Republic about a lawsuit filed by the U.S. Department of Justice to force Maricopa County Sheriff Joe Arpaio to cooperate with a federal investigation included comments from professor Paul Bender of the Sandra Day O'Connor College of Law.

In “Feds sue Arpaio to get access to jail, records,” reporters Yvonne Wingett, JJ Hensley and Michael Kiefer wrote that the justice department alleges the Sheriff’s Office violated federal civil-rights laws by refusing to full cooperate with an investigation into police practices and jail operations.

Bender said the lawsuit will be difficult for Arpaio to win, although acknowledging that civil-rights offenses are hard to prove. “You have to show intent,” Bender said. “This investigation goes to the heart of people’s complaints against Sheriff Joe, that he discriminates in his traffic stops and jail practices.”

Bender, a Dean Emeritus, teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is coauthor of the two-volume casebook/treatise, Political and Civil Rights in the United States. Professor Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.

Janie Magruder, [email protected]
(480) 727-9052
Sandra Day O’Connor College of Law