Sanchez v. Maricopa County

Arizona Supreme Court

July 22, 2025

JSH Attorney:  Justin Ackerman

In June 2021, a Maricopa County Sheriff’s deputy rear-ended the plaintiffs while driving a county-owned vehicle. The plaintiffs filed a notice of claim with the Maricopa County Board of Supervisors, asserting that the County was vicariously liable for the deputy’s negligence under the doctrine of respondeat superior.

The County moved to dismiss the complaint, arguing that it lacked the requisite control over the deputy to be held liable. The Superior Court agreed and dismissed the case. On appeal, the Arizona Court of Appeals affirmed the dismissal, concluding that the County did not exercise sufficient control over the deputy to be vicariously liable. The Arizona Supreme Court granted review due to the novelty and statewide importance of the legal questions involved.

In its July 21, 2025 opinion, the Supreme Court clarified that under Arizona law, a county cannot be held vicariously liable for the actions of a deputy sheriff engaged in law enforcement duties.  After conducting an extensive inquiry into the statutory powers of a county and the sheriff, the Court emphasized that a county does not have the general authority to hire, fire, supervise, discipline, control, or prescribe duties for a sheriff.  Rather, deputy sheriffs operate under the exclusive control of the elected county sheriff—not the county or its board of supervisors. Therefore, the sheriff, in their official capacity, is the proper party to be held vicariously liable for a deputy’s misconduct.

The Court also addressed procedural concerns under Arizona’s Notice of Claim statute (A.R.S. § 12-821.01). While the sheriff’s office is a non-jural entity and cannot be sued directly, the Court held that a notice of claim may be validly filed with the sheriff’s office on behalf of the sheriff. This ensures that claimants have a viable path to pursue legal remedies without misdirecting their claims to the County.

Finally, the Court clarified that while the County is not legally liable for the deputy’s actions, it affirmed that it remains financially responsible for judgments against the sheriff arising from the deputy’s conduct, pursuant to Arizona statutes governing county charges.

Ultimately, the Supreme Court affirmed the Superior Court’s dismissal of the case, clarifying the boundaries of liability and procedural requirements in cases involving law enforcement personnel under county jurisdiction.

Justin Ackerman  represents clients in federal and state appellate matters in cases involving excessive force, wrongful death, personal injury, bad faith, and premises liability. After graduating as the valedictorian of his class from Phoenix School of Law, Justin worked as a law clerk for the Hon. Michael J. Brown in Division One of the Arizona Court of Appeals. Following his clerkship, Justin has handled over 75 appeals, successfully arguing before the Arizona Court of Appeals, Arizona Supreme Court, and U.S. Court of Appeals for the Ninth Circuit.  Justin has spoken at many seminars on appellate preservation topics and is recognized as a Southwest Super Lawyers and Best Lawyers in the area of Appellate Practice.

jackerman@jshfirm.com | 602.263.4552 | jshfirm.com/jackerman