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Final Brief in Arpaio Corruption Case in 9th Circuit

Final Brief in Arpaio Corruption Case in 9th Circuit

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Published by Sheriff_Joe_Arpaio
Arizona law enforcement charged with corrupt conduct to protect a close friend and advisor of Sheriff Arpaio from civil litigation.
Arizona law enforcement charged with corrupt conduct to protect a close friend and advisor of Sheriff Arpaio from civil litigation.

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Published by: Sheriff_Joe_Arpaio on Oct 13, 2012
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10/13/2012

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1
In The
United States Court of Appeals for the Ninth Circuit
S
COTT
H
UMINSKI
, P
LAINTIFF
-
 
A
PPELLANT
,v. Docket No. 12-16395C
ITY OF
S
URPRISE
,
 
E
T AL
.,
 
D
EFENDANTS
 – 
 
A
PPELLEES
.
REPLY BRIEF
NOW COMES, Scott Huminski ("Huminski"), and replies to the adversarialbrief as follows notwithstanding Huminski
’s
pending motion to appoint counsel:1.
 
The Police communication and threat a day prior to civil hearingviolated Huminski
’s
First Amendment and Due Process rights toattend the hearing and litigate free of the fear of arrest andprosecution under 13 A.R.S. § 2921. Timing of the police threat a dayprior to a civil hearing is critical to evaluate the intent of police
 – 
toprotect a very close friend and top advisor of Sheriff Arpaio, JustinNelson, from civil matters. The Police communication put Huminskion notice that his civil litigation runs afoul of 13 A.R.S. § 2921.2.
 
Huminski knew his civil litigation was a state crime. 13 A.R.S. § 2921is a
 per se 
prior restraint upon redress of grievances
 – 
civil litigation.3.
 
 Arizona law enforcement has the duty to enforce State law which Arizona police clearly believe is constitutional. The official/police belief that 13 A.R.S. § 2921 is constitutional without a statutory exceptionfor constitutionally protected activity is misguided.4.
 
The word
PLEASE
” does not convert a police order to a casual police
suggestion for voluntary compliance (e.g.
Please clear the sidewalk.
Case: 12-16395 10/13/2012 ID: 8359443 DktEntry: 32 Page: 1 of 3
 
2
Please stay behind the police crime tape. Please disperse 
., etc.
 Should all be obeyed.) A reasonable person does not disobey a policeorder even when it is prefaced by the word please in fear of arrest andprosecution. All police orders and requests are intended to further thepurpose of enforcing the law (in the instant matter 13 A.R.S. § 2921)and should be obeyed by citizens. Non-obedience of police directives(legal or illegal) is at one
’s own risk
as the consequences could be theloss of liberty.5.
 
Post hoc police rhetoric intending to evade civil liability does not trumpthe statutory language of 13 A.R.S. § 2921.6.
 
The act of being a plaintiff in civil litigation is
 per se 
criminalharassment under 13 A.R.S. § 2921. Civil litigation is a First Amendment protected activity. No one celebrates when a sheriff appears at their door and they are served with civil papers
 – 
this act is
 per se 
criminal harassment under Arizona law, yet, protected by theFirst Amendment. A State law conflict with the First Amendmentmust be resolved by this Court.7.
 
Huminski understands well his right to expression, but, also knowsvery well how difficult it is to vindicate that right from a prison cellafter an unlawful arrest for the
“crime” of civil litigation.
 8.
 
Police have been silent in the instant matter as to just how the plainlanguage of 13 A.R.S. § 2921 complies with the First Amendment inlight of the absence of exemption for constitutionally protected activity.35 other States, the District of Columbia and Guam have exempted
Case: 12-16395 10/13/2012 ID: 8359443 DktEntry: 32 Page: 2 of 3

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