Unlawful Arrest Case DismissedPosted Thursday January 12, 2017
PHOENIX, AZ (January 12, 2017) – Jones, Skelton & Hochuli
attorneys Michele Molinario and Amelia Esber successfully moved for a dismissal
in an unlawful arrest case against an Arizona County, and various County law
enforcement officers. Prior to filing
suit, the Plaintiff mailed a Notice of Claim pursuant to A.R.S. 12-821.01 to
the Sheriff's Office P.O. Box, as opposed to the mailing it to the officers'
home addresses or serving the officers in person. The legal question was
whether service of a Notice of Claim by mail was valid at the officers'
Court Judge found that the Plaintiff did not properly serve the Notice of Claim
upon the County officers in accordance with Rule 4(d), Ariz. R. Civ. P., which
requires service upon an individual to be done personally, or by leaving a copy
of the summons and complaint at the individual's residence. Further, service of
a Notice of Claim is mandatory, and the failure to do so in the appropriate
manner results in the dismissal of the claims against the County officers.
As a trial
attorney since 2000, Partner Michele
Molinario has tried state and federal jury and bench trials and
administrative law hearings. Ms.
Molinario concentrates her civil litigation practice on governmental entity
defense with an emphasis on civil rights matters. She has defended public
entities/municipalities and private prisons in Section 1983 claims that include
police-related non-lethal and lethal force incidents, SWAT raid/breaching
tactics, failure to protect incidents, failure to render medical care, and
various search and seizure incidents.
Associate Amelia Esber focuses her
practice on general civil litigation, government liability and employment law,
and wrongful death and personal injury defense. Ms. Esber
received a Bachelor of Science degree from The Ohio State University before
attending law school at the University of Arizona, James E. Rogers College of
Jones, Skelton & Hochuli is one of the largest and most experienced defense trial law firms in Arizona. Having been in
business for 34 years, the firm specializes in trial practice; insurance coverage; defense of corporations;
self-insureds; governmental entities and insurance carriers. For additional
information please call 602.263.1798.