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Sheriff Arpaio loses battle over jailcam

Agrees to court order blocking live video of inmate bookings
Tucson, Arizona | Published: 09.12.2006
PHOENIX - Inmates have won an injunction and damages against the Maricopa County Sheriff's Office in a federal court suit over so-called jailcam videos that showed prisoners being booked and fingerprinted at the county jail.
On Monday, the Sheriff's Office agreed to pay the legal fees for the inmates, plus $500 in damages to each of the 11 who remain in the case that was filed five years ago.
Sheriff Joe Arpaio also agreed to accept the court order blocking the so-called jailcam.
The lawsuit was filed with financial backing from the Middle Ground prison reform group after Arpaio had four cameras installed with Internet links in the booking area at Madison Street Jail in downtown Phoenix.
The suit initially sought $50,000 for each of an estimated 55,000 inmates filmed.
Arpaio has argued in court that 24-hour video of inmates is a legitimate law enforcement practice because it deters people from committing crimes, maintains jail security and allows the public to view government operations.
An estimated 8,000 inmates went through booking each month during the nearly two years the system was functioning.
The inmates won a preliminary injunction in U.S. District Court blocking the jailcam in March 2003. That decision was upheld by the 9th U.S. Circuit Court of Appeals, which found that the sheriff's practice was unconstitutionally punitive and did not enhance security or deter crime.
The U.S. Supreme Court refused to hear an appeal. The case was scheduled for trial Sept. 19 before U.S. District Judge Earl Carroll.
Donna Hamm, executive director at Middle Ground, said the inmates all were pre-trial detainees, presumed not guilty under the law, subjected to public humiliation, with women prisoners shown partly undressed as they used a toilet.
Arpaio stressed that the injunction only bans him from putting out live video of pre-trial inmates; he still could put live video of convicted prisoners on the Web.
Thirteen of the original 24 inmates dropped out of the case. The 11 remaining will collect only $500 each because it was difficult to show damages other than embarrassment.