四 川 铁 FourRiverIron

Judge refuses to toss Chandler Officer Lovejoy's suit

  Every now and then civilians are arrested for when they leave their dogs in a car and the dog dies from the summer heat.

Of course when the cops do the same thing they are never arrested. Well except in this case.

This is clearly a double standards where are government masters are not forced to obey the same laws us serfs are expected to obey.

Personally I think it is an act of stupidity, not a crime, when a person leaves an animal in a hot car and the animal dies. I don't think anybody should be arrested for this.

Source

Judge refuses to toss Chandler Officer Lovejoy's suit

Lovejoy filed vs. Arpaio after '08 acquittal

by JJ Hensley - Dec. 23, 2011 09:27 PM

The Arizona Republic

A federal judge denied an attempt by the Maricopa County Sheriff's Office to get a lawsuit by a Chandler police officer dropped. The suit accuses Sheriff Joe Arpaio and other county employees of unconstitutional arrest and prosecution related to the death of his K-9 partner, Bandit.

Chandler police Officer Thomas Lovejoy was arrested and charged with animal cruelty following the August 2007 death of Bandit, who died in the back of Lovejoy's patrol SUV after the officer forgot the dog.

A justice of the peace in the San Tan Justice Court in Chandler acquitted Lovejoy of animal abuse in 2008, and the officer filed a notice of claim that year seeking $350,000 in damages.

Arpaio sought a summary judgment in his favor, but U.S. District Judge Neil Wake refused Friday, saying Lovejoy had sufficient evidence that Arpaio acted maliciously to bring the case to a jury.

The case generated ample publicity for the Sheriff's Office, which now makes up a key part of Lovejoy's claim that his arrest was motivated by Arpaio's desire for exposure.

"The press releases, the press conference on the day of Lovejoy's arrest, and the fact that no reasonable official could conclude that the animal-cruelty statute applied to Lovejoy could all be reasonably interpreted by the jury as 'reckless disregard' of Lovejoy's rights in pursuit of other goals, such as publicity and political gain," Wake wrote in the decision to deny Arpaio's request for summary judgment.

 


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