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Case Name Doe v. Arpaio JC-AZ-0007
Docket / Court CV 2004-009286 ( State Court )
State/Territory Arizona
Case Type(s) Jail Conditions
Case Summary
In 2004, a female inmate filed a class action lawsuit in the Superior Court of Arizona, Maricopa County, challenging the Maricopa County Sheriff's unwritten policy which required a court order to allow the transport of an inmate for the purpose of obtaining an abortion. The unwritten policy at ... read more >
In 2004, a female inmate filed a class action lawsuit in the Superior Court of Arizona, Maricopa County, challenging the Maricopa County Sheriff's unwritten policy which required a court order to allow the transport of an inmate for the purpose of obtaining an abortion. The unwritten policy at issue prohibited transportation of inmates offsite for elective medical procedures. The Sheriff applied that policy to women seeking abortions and as a result, would only transport women for non-therapeutic abortions if ordered by the court and if the inmate made complete financial arrangements for the procedure and for transportation costs. Plaintiff, who was represented by the ACLU, challenged the policy as violating a woman's Fourteenth Amendment right to choose to have an abortion, as articulated by Roe v. Wade, 410 U.S. 113 (1973).

The Superior Court (Judge Barry C. Schneider) granted Plaintiff's motion for summary judgment and enjoined the Sheriff and the County from enforcing the policy as applied to inmates seeking abortions. Doe v. Arpaio, 2005 WL 2173988 (Ariz.Super. Aug 25, 2005) (NO. CV 2004-009286). The Sheriff and the County appealed.

The Arizona Court of Appeals affirmed, finding that the policy was not reasonably related to the County's professed neutral objectives and was therefore invalid. Doe v. Arpaio, 150 P.3d 1258 (Ariz.App. Div. 1 2007).

On December 21, 2007, the Sheriff and County filed a petition for a writ of certiorari. As of the date of this summary, there was no reported action on Defendants' writ of certiorari.

Dan Dalton - 01/15/2008


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Maricopa County
Maricopa County Sheriff's Office
Plaintiff Description All female inmates in the Maricopa County Jail who seek transportation to an outside facility for an abortion.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2005 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
CV2004-009286 (State Trial Court) 06/15/2006
JC-AZ-0007-9000 PDF | Detail
General Documents
Minute Entry [re: Order Granting Plaintiff’s Motion for Summary Judgment and Denying Defendants’ Motion for Summary Judgment] 08/23/2005 (2005 WL 2173988)
JC-AZ-0007-0001 PDF | WESTLAW | Detail
Opinion 01/23/2007 (150 P.3d 1258)
JC-AZ-0007-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Burke, Edward O. Court not on record
JC-AZ-0007-9000
Downie, Margaret H. (State Appellate Court)
JC-AZ-0007-0002
Ehrlich, Susan A. (State Appellate Court)
JC-AZ-0007-0002
Irvine, Thomas K. Court not on record
JC-AZ-0007-0002
Monitors/Masters None on record
Plaintiff's Lawyers Amiri, Brigitte A. (New York)
JC-AZ-0007-0002
Anderson, Susan (Arizona)
JC-AZ-0007-0001 | JC-AZ-0007-9000
Camp, Susan Talcott (New York)
JC-AZ-0007-0002
Chandrasekhar, Charua A. (New York)
JC-AZ-0007-0002
Freeman, Susan M. (Arizona)
JC-AZ-0007-0002
McAllister-Nevins, Jennifer (New York)
JC-AZ-0007-0002
Reddin, Jane E. (Arizona)
JC-AZ-0007-0001
Defendant's Lawyers Hable, Susan L. (Arizona)
JC-AZ-0007-0001
Knight-Click, Stasy D. (Arizona)
JC-AZ-0007-0002
Manhart, Daryl (Arizona)
JC-AZ-0007-0002
Vigil, Joseph (Arizona)
JC-AZ-0007-0001 | JC-AZ-0007-9000
Other Lawyers None on record

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