MARICOPA COUNTY, Ariz. — A panel of federal judges says Maricopa County’s protocol for regularly posting photographs and names of individuals registered in its jails is constitutionally impermissible.

Ninth Circuit Court of Appeals The county announced Thursday that the county could unfairly punish individuals who have not yet been convicted of a crime by publishing their names, dates of birth, height, weight and hair color on the county’s website. It was decided that there was.

The sheriff’s website, Mugshot Search, has a running list of people who have been booked into jail within the past few days. Each post includes an individual’s booking number, personal information, and the type of charge they are being charged with.

In the court’s opinion, the judges determined that the county’s intent to promote transparency was not sufficient reason to release such detailed details about the individuals’ identities.

“Even if transparency is a legitimate government interest, there is no reasonable conflict between that goal and the county including at least some of[plaintiff’s]personal information in a public ‘mugshot search’ posting without charge.” “There is no such relationship,” the opinion states.

The justices issued their opinion in response to a complaint filed by a man arrested by Phoenix police in 2022 on suspicion of assault, but later withdrawn. The district court dismissed the complaint, and the plaintiffs appealed for due process review of their claims.

A Ninth Circuit judge reversed the earlier dismissal, finding that the plaintiffs “plausibly asserted substantial due process claims against the county based on their pretrial punishment.”

In response to the court’s decision, the Maricopa County Sheriff’s Office suspended its provision for posting inmate photographs until the Ninth Circuit’s opinion is considered by county attorneys.

Plaintiff’s attorney Dan Cloverdantz said his client was arrested in 2022 but was never charged with a crime, and that MCSO’s posting of his mugshot had a negative impact on his life. he claimed.

“That information is now available elsewhere on the Internet, and we believe his personal and business reputation has been significantly damaged as a result of the Sheriff’s Office’s release of the mugshot.” ” Kloberdanz said.

Clover-Duntz said he thinks what causes the harm is that when someone sees a mug shot, they are presumed guilty.

“Whether you’re looking for a job or employment, looking for a date, or it’s a family issue, these things can do terrible damage to someone’s reputation,” Clover-Duntz said. Ta. “Once it’s posted online, it can’t be removed.”

of Cochise County Sheriff’s Office Police in southern Arizona also announced they would no longer post mugshots or inmate lists on their web pages.

Pima County also announced that, “Effective immediately, the Pima County Sheriff’s Office will cease publishing booking photos in any form. This policy update also includes the removal of the inmate booking tab on our website.” .

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