Michael Lacey v. Joseph Arpaio
- Decided
- August 29, 2012
- Docket
- 09-15703, 09-15806
- Status
- Published
- Jurisdiction
- Federal
Cited 4,653 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (1 of 1 verified; none is a verified overruling) · Spriestersbach v. State of Hawaii
What later courts said
- holding that “claims [that are] voluntarily dismissed” are “waived if not repled” in an amended complaint” — Sierra Med. Servs. Alliance v. Jennifer Kent (2018)
- holding that for claims dismissed with prejudice, a plaintiff is not required toreallege such claims in a subsequent amended complaint to preserve them for appeal — Pressler v. Elko County Jail (2020)
- holding that for claims dismissed with prejudice, a plaintiff is not required to reallege them in a subsequent amended complaint to preserve them for appeal — Williams v. Feldman (2023)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Opinion by Judge BYBEE; Dissent by Chief Judge KOZINSKI; Dissent by Judge TALLMAN.
OPINION BYBEE, Circuit Judge:
This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriffs Office (“MCSO”) and the Maricopa County Attorney’s Office (“MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Lacey”) sued Sheriff Joseph Arpaio, head of the MCSO; County Attorney Andrew Thomas, head of the MCAO; former Independent Special Deputy Maricopa County Attorney Dennis Wilenchik; and Maricopa County (collectively, “defendants”) under numerous federal and state causes of action. The district court dismissed all federal claims, and remanded all state law claims back to the Arizona courts. We affirm in part and reverse in part, finding that Lacey adequately alleged several causes of action for which the defendants are not entitled to immunity. We remand for further proceedings.
Statutes cited
- 42 U.S.C. § 1983
- 18 U.S.C. § 1961-68
- 18 U.S.C. § 1961
- 28 U.S.C. § 1367
Cite this
Michael Lacey v. Joseph Arpaio, 693 F.3d 896 (2012)Read the full opinion
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