On August 23, 2018, three Maricopa County, Arizona residents who have been referred to Maricopa County's Marijuana Diversion program filed this class action lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued Maricopa County and Treatment Assessment Screening Center, Incorporated, a private company, under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought injunctive and monetary relief, claiming violations of the Fourth and Fourteenth Amendments. The plaintiffs alleged that the Maricopa County Attorney's Office and Treatment Assessment Screening Center jointly operate a marijuana possession diversion program that discriminates against the poor in violation of the Fourteenth Amendment, and leads to unreasonable searches and seizures in violation of the Fourth and Fourteenth Amendments. Specifically, the defendants were, under threat of felony prosecution, subject to longer terms of imprisonment, repeated drug tests and increased fee payments due to their inability to pay fees associated with the program. One class member individually sought injunctive relief to prevent Maricopa County from keeping her in the diversion program if she could not pay the fees associated with completing the program.

The plaintiffs filed an amended complaint on October 12, 2018. The amended complaint added a third representative to the class. The case is ongoing as of October 17, 2018.

Emma Holcomb - 10/17/2018


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