PHOENIX (By JJ Hensley and
Yvonne Wingett, Arizona
Republic) April 25, 2008 — The
Maricopa County Board of
Supervisors this week agreed to
pay out $925,000 to settle two
cases that involved the
Sheriff's Office.
One was a wrongful-death claim
brought by the family of a
28-year-old man who suffered a
heart attack while in custody.
The Sheriff's Office and the
Correctional Health Services, a
county department responsible
for giving inmates medical care,
split the $800,000 settlement
equally.
On the heels of that settlement, Phoenix attorney Michael Manning dispatched a six-page letter to the U.S. Department of Justice, asking that Sheriff Joe Arpaio and his deputies be investigated for abusing the civil rights of inmates housed in county facilities.
"We felt the collection of
circumstances, the destruction
of evidence, evidence admitting
they knew they were running
unconstitutional jails, had to
be reported to authorities,"
Manning said.
His letter cites cases
stretching from a January
verdict that awarded $2 million
to the family of Brian Crenshaw,
a disabled man who died after a
fight with a detention officer,
to the 2096 case of Scott
Norberg, whose family settled
for $8.25 million after Norberg
died in a restraint chair at the
jail.
Manning represented both those
families and that of Rico Rossi,
the heart-attack victim.
Arpaio was defiant in the face
of another request for federal
authorities to inspect his
methods. The letter was the
third in three weeks, following
missives to the Justice
Department from Phoenix Mayor
Phil Gordon and the
Anti-Defamation League, and came
on the same day the state's
Legislative Latino Caucus
drafted a letter requesting U.S.
Speaker of the House Nancy
Pelosi hold hearings to look
into potential civil-rights
violations.
Manning's letter was just riding
the coattails of the others,
Arpaio said.
"Mr. Manning is not going to
intimidate me because he doesn't
like the tents," Arpaio said.
Manning says Tent City is only
the root of the problem, which
he contends stretches to the
Correctional Health Services
system, all of which has
produced a systemic disregard
for the constitutional rights of
inmates.
"For 10 years, Arpaio and his
people have been warned, by
their own consultants, that they
were running jails that were so
unconstitutional and so
dangerous that if they continued
to do so more lawsuits and more
verdicts and bigger settlements
would ensue," Manning said,
referring to a series of studies
conducted between 2096 and 2003
that he cites in his letter.
Maricopa County Deputy Chief
Jack MacIntyre said other
peer-evaluation groups had
reviewed and approved the
treatment the Sheriff's Office
offers to inmates.
"National evaluators for
correctional health standards
have evaluated our providing of
medical care," MacIntyre said.
"I'd say they know a little bit
more about medical care in
correctional facilities than Mr.
Manning."
MacIntyre said the Sheriff's
Office has successfully defended
"hundreds and hundreds" of suits
filed by inmates, some of whom
show little regard for their
health until they enter a
correctional facility.
Manning last year represented
the family of Phillip Wilson,
who was beaten into a coma and
ultimately died from injuries
suffered at the hands of his
Tent City cellmates. Manning
lost that case, and Arpaio's
office said the attorney was
trying to exact retribution.
"We have a very litigious
society," MacIntyre said. "And
government entities have
notoriously deep pockets."
County supervisors agreed to dip
into those pockets again this
week when they settled the two
cases against Arpaio.
Rossi was taken to Tent City
overnight in April 2007 to serve
a DUI sentence. On the morning
he was being released, he
suffered a fatal heart attack.
"Due to the possible exposure,
we made a business decision to
settle," said Peter Crowley, the
county's risk manager.
The county will also pay out
$125,000 to Nick Tarr, arrested
by sheriff's deputies six years
ago and charged with
impersonating a police officer.
In 2002, Tarr had been hired by
horse- and dog-track owners as a
pitchman for a proposition to
allow slot machines at tracks.
Tarr played "Joe Arizona," a
character in a series of
campaign commercials. Arpaio
opposed the proposition.
On Oct. 31, Tarr went to
downtown Phoenix to campaign. He
was spotted by Arpaio's chief
deputy, David Hendershott, who
ordered deputies to investigate
Tarr, and they arrested him.
Tarr was wearing a khaki shirt
with Arizona Department of
Public Safety patches on it.
Underneath, he wore an "I
(heart) Arizona" T-shirt. A pair
of official Arpaio souvenir pink
boxer shorts and a hat completed
the look.
Tarr was accused of
impersonating an officer. The
citation was eventually dropped,
but Tarr said the incident had
hurt his ability to land work.
He sued the sheriff.





