SAN FRANCISCO (AP) — A federal appeals court is considering a request by the self-proclaimed "toughest sheriff in America" to reverse a lower-court decision barring his deputies from detaining people based solely on the suspicion that they're illegal immigrants.
A three-judge panel of the 9th Circuit Court of Appeals said it would rule later after hearing from lawyers representing Arizona lawman Joe Arpaio last Thursday.
The ACLU and other attorneys filed a federal lawsuit that alleges that Arpaio's deputies pulled over Hispanics without probable cause, making the stops only to inquire about the immigration status of the people in the vehicles.
A federal judge in December barred Arpaio's deputies who are enforcing Arizona's immigrant smuggling law from detaining people based solely on the suspicion that they're in the country illegally. In their appeal, Arpaio's attorneys argued the ruling was deeply flawed and that the decision means that the sheriff's office couldn't enforce certain state laws, even though no judge has declared those statutes unconstitutional.
The San Francisco-based court will consider the narrow question of a preliminary injunction while a trial court in Phoenix is considering the merits of the entire lawsuit.
Both sides are awaiting the verdict of U.S. District Judge Murray Snow after a seven-day trial without a jury ended Aug. 2.
The Latino group claims Arpaio's deputies pulled over some vehicles only to make immigration status checks during regular traffic patrols and the sheriff's 20 special immigration patrols.
They also accuse the sheriff of ordering some of the patrols not based on reports of crime but rather on letters from Arizonans who complained about people with dark skin congregating in an area or speaking Spanish.
Arpaio has repeatedly denied the allegations, saying his deputies only stop people when they think a crime has been committed and that he wasn't the person who picked the location of the immigration patrols.
Snow's verdict could render the 9th Circuit's decision unnecessary. Snow hasn't indicated when he would rule.
The lawsuit marks the first case in which the sheriff's office has been accused of systematically racially profiling Latinos, and will serve as a precursor for a similar yet broader civil rights lawsuit filed against Arpaio in May by the U.S. Department of Justice.
There has never been a finding by a court that Arpaio's office has racially profiled Latinos, though a case that made such an allegation was settled last year for $200,000 without an admission of wrongdoing by the sheriff's office.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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