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Maricopa County Sheriff’s Office removes mug shots from website after 9th Circuit ruling

The Maricopa County Sheriff's Office announced Monday that it had removed mugshots of suspects from its website after the 9th Circuit Court of Appeals ruled against the office, finding it illegal to post the photos online.

The man's lawyers who filed the lawsuit argue that the photos violate their client's constitutional rights.

Earlier this month, a three-judge panel allowed Brian Houston to sue the Maricopa County Sheriff's Office for routinely posting online photos of people interrogated at the county's jails. The panel rejected the sheriff's office's argument that the posting served a legitimate public purpose.

Defense attorney Andrew Ivchenko questioned why the information was published, given that federal law enforcement agencies don't publish mugshots of suspects unless they have a legitimate reason to do so.

“You know, why his weight and date of birth are there, it gives bad people a key avenue for identity theft, so this is information that doesn't need to be made public, but they've been doing this for over 10 years,” Ivchenko said.

Ivchenko's partner, Daniel Kloberdanz, specializes in real estate law but took on the case because of his own experience with the issue, and he said when charges are dropped in cases like Houston's, it can be distressing for people to see photos of their own faces, especially online.

“I realized it's not just thousands, but hundreds of thousands of people who have been affected by this. We're hearing their stories. So, for me, this is personal,” Kloberdanz said.

Houston's lawyers said the ruling should not affect the fugitive's mugshots or sex offender registry.

MCSO said in a statement that it is in discussions with attorneys about possible further legal action.