Arpaio v. Figueroa
229 Ariz. 444
| Ariz. Ct. App. | 2012Background
- Braillard sued petitioners and others for negligence, gross negligence, and 42 U.S.C. § 1983 claims after her diabetic mother died in Maricopa County Medical Center following three days in jail without insulin.
- Braillard asserted punitive damages claims against several individual defendants, including petitioners.
- At pretrial, Braillard asked for personal sworn financial statements from defendants, to be sealed and produced before trial if a prima facie case for punitive damages existed.
- Petitioners objected, arguing no prima facie showing had been established and production would be burdensome and potentially harassing.
- The respondent judge ordered petitioners to gather and provide their financial information to their attorneys for later production if a prima facie showing was made, but denied a protective order.
- This special action followed challenging the order and the denial of a protective order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May financial discovery for punitive damages occur before a prima facie showing? | Braillard contends discovery should await prima facie showing. | Petitioners contend immediate collection helps prepare for potential trial; otherwise risk delay. | Abused; require prima facie showing before financial discovery. |
| Did the court have authority to issue a pretrial protective order on discovery materials? | Braillard did not oppose protective order; question is whether authority existed. | Petitioners argue no authority to seal/payroll-level discovery materials pretrial. | Court erred; protective order authority exists; order vacated. |
Key Cases Cited
- Larriva v. Montiel, 143 Ariz. 23 (App. 1984) (prima facie punitive damages discovery required)
- Leidholt v. District Court, 619 P.2d 768 (Colo. 1980) (privacy and harassment concerns in punitive damages discovery)
- Richards v. Superior Court, 150 Cal. Rptr. 77 (Cal. App. 1978) (discovery burden on financial information)
- Potter v. Vanderpool, 240 P.3d 1257 (App. 2010) (protective orders in pretrial discovery)
- Blazek v. Superior Court, 869 P.2d 509 (Ariz. App. 1994) (in camera review related to discovery)
- Salvation Army v. Bryson, 273 P.3d 656 (App. 2012) (special action appropriate for discovery issues involving privileged material)