University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Finding the Civil Trial's Democratic Future After Its Demise"
Date Summer 2015
Author David Marcus
Author Institution University of Arizona
Author Role Faculty
External Link
Abstract This is an appreciation of the scholarship of Professor Stephen Subrin. In includes a case study of Graves v. Arpaio:

My case study of Graves v. Arpaio, provided in this part, lays a foundation for my claims about American democracy and the structural reform trial. The case involves a constitutional challenge to the conditions of jails in Maricopa County, Arizona, institutions run by the infamous Sheriff Joe Arpaio. The plaintiffs, a class of pretrial detainees, established the defendants' liability after what amounted to a bench trial in Autumn 2008, but not before nearly a decade of courtroom fights with an adversary famous for his stubborn refusal to compromise or cooperate. The story unfolds at some length, in part because I believe it is a good one, in part because the case itself has gone on for so long, and in part because it has a lot of relevant lessons to teach. The case's history divides into three phases. The first lasted from 1977 to 1981. The second, a period of gridlock, began in 1998 and continued for ten frustrating years. The third lasted for only a few months in 2008 before ending in trial. This final phase demonstrates the efficacy that aggressive case management and trial can have in the face of recalcitrant political power.
Citation 15 Nev. L.J. 1523

This Resource Relates To
case Graves v. Arpaio (JC-AZ-0008)

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