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Robert J. Campos #011817
ROBERT J. CAMPOS & ASSOCIATES, P.L.C.
51 East Lexington Avenue Phoenix, AZ 85012 Telephone (602) 222-3440 Facsimile (602) 595-9683 Email info@robertjcampos.com
Attorney for Plaintiff
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA
JESUS SANCHEZ LLOVERA, Plaintiff vs. MARICOPA COUNTY, a public entity;
MARICOPA COUNTY SHERIFF’S
OFFICE, a division of Maricopa County; SHERIFF JOSEPH ARPAIO and AVA ARPAIO, husband and wife; STEVEN SEAGAL and JANE DOE SEAGAL, husband and wife; MARICOPA COUNTY BOARD OF SUPERVISORS, the governing body of Maricopa County; FULTON BROCK and JANE DOE BROCK, husband and wife; DON STAPLEY and JANE DOE STAPELY, husband and wife; ANDREW KUNASEK ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Number: ____________________
COMPLAINT
(Jury Trial Demanded)
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and JANE DOE KUNASEK, husband and wife; MAX WILSON and JANE DOE WILSON, husband and wife; MARY ROSE WILCOX and JOHN DOE WILCOX, husband and wife; JOHN DOE SUPERVISORS I-X; JANE DOE SUPERVISORS I-X; JOHN DOES I-X; JANE DOES I-X, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
COMPLAINT
Plaintiff, Jesus Sanchez Llovera, for his Complaint against Defendants, alleges as follows:
JURISDICTION AND VENUE
1. Plaintiff brings this action pursuant to 42 U.S.C. § 1983; the Fourth and Fourteenth Amendments of the United States Constitution; and pendent state common law and statutory laws. 2. Plaintiff has satisfied the provisions of A.R.S. § 12-821.01 by serving upon Defendants a Notice of Claim more than sixty (60) days prior to the date of the filing of this Complaint. Defendants have not responded to the Notice of Claim. 3. This Court has jurisdiction of Plai
ntiff’s federal law claims pursuant to 28
U.S.C. § 1331 and 42 U.S.C. § 1988. Additionally, this Court has jurisdiction over
Plaintiff’s state and federal claims pursuant to Article 6, Section 14 of the Arizona
Constitution.
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4. Venue is initially proper in this Court pursuant to A.R.S. § 12-401, as the majority of the parties are residents of Maricopa County, Arizona, and the events underlying this lawsuit occurred in Maricopa County. Plaintiffs expressly reserve the right, however, to timely change venue pursuant to A.R.S. § 12-408, because Maricopa County is a party.
GENERAL ALLEGATIONS
5. Plaintiff realleges and incorporates by reference all allegations set forth in each of the preceding paragraphs of this Complaint. 6. At all times material herein, Plaintiff Jesus Sanchez Llovera was a legal permanent resident of the United States, residing in the City of Laveen, located in Maricopa County, Arizona. 7.
Defendant Maricopa County (the “County”) is a public entity, formed and
designated as such pursuant to Title 11 of the Arizona Revised Statutes and, as such, is subject to civil suit and may be held independently liable as an entity and/or municipality, and/or vicariously liable for the wrongful conduct of its officers, employees, agents, districts, and division/sub-divisions, including (without limitation) the individual members of the Maricopa County Board of Supervisors, Sheriff Arpaio, and the officers
and employees of its divisions, the Maricopa County Sheriff’s Office.
8. Defendant Maricopa
County Sheriff’s Office (“MCSO”) is a political
subdivision of Maricopa County and the State of Arizona, and constitutes an independent jural entity subject to civil suit. 9.
At all times material herein, Defendant Joseph Arpaio (“Arpaio” or “Sheriff
Ar
paio”) was the duly
-elected Sheriff of Maricopa County and the head of the MCSO. In such capacity, Arpaio was an officer, agent and employee of the County and MCSO, with the authority and responsibility to establish policy, practices, customs, procedures,