No. 18-____ IN THE Supreme Court of the United States ———— MARICOPA, COUNTY OF, et al., Petitioners, v. UNITED STATES OF AMERICA, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— RICHARD K. WALKER Counsel of Record WALKER & PESKIND, PLLC LAW FIRM NAME 16100 N. 71st Street, Suite 140 Scottsdale, AZ 85254 (480) 483-6336
[email protected] Counsel for Petitioners October 15, 2018 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTION PRESENTED In McMillian v. Monroe County, Alabama, 520 U.S. 781 (1997), this Court held that counties cannot be liable in actions brought under 42 U.S.C. § 1983 for the actions of sheriffs acting in their law enforcement capacities, unless the sheriffs are found to have been acting as “policymakers” for the counties within the meaning of Monell v. Dept. of Social Services of the City of New York, 436 U.S. 658 (1978). Here, the Ninth Circuit has misconstrued Arizona law to find sheriffs to be policymakers for Arizona’s counties in the area of law enforcement, took the unprecedented step of applying that concept to claims arising under Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601, and the held Maricopa County (“the County”) bound by findings in a collateral case from which the County had been dismissed years before trial and entry of judgment in that case.