Arizona high court issues ruling about constable’s liability in eviction killings
The Arizona Supreme Court issued a ruling about liability after a man being evicted killed three people, including a constable, and himself.
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PHOENIX – The Arizona Supreme Court issued a ruling Thursday about liability in a case where a man who was being evicted in Tucson killed three people and himself.
Constable Deborah Martinez-Garibay, with help from apartment manager Angela Fox, was serving a writ of eviction on Gavin Lee Stansell on Aug. 25, 2022.
Stansell, who was being evicted for threatening a fellow resident with a gun, refused to answer the door and instead started shooting, killing Martinez-Garibay, Fox and a person in an adjoining apartment. Stansell then took his own life.
Martinez-Garibay had been on the job for less than six months when she was killed. Her predecessor reportedly quit over frustration about serving eviction notices.
Fox’s husband filed a wrongful death suit against Martinez-Garibay’s estate, accusing the constable of negligently exposing his wife to harm.
The lawsuit also alleged that Martinez-Garibay had cocaine and alcohol in her system at the time.
Why isn’t constable liable for apartment manager’s death?
An appeals court ruled that the case should be dismissed because Martinez-Garibay, as a constable, was shielded by judicial immunity under state law.
The Arizona Supreme Court upheld that decision because negligence or gross negligence isn’t a cause for liability for a court officer.
According to Thursday’s ruling, the lawsuit would need to allege misconduct to move forward.
“There is no allegation that Garibay failed, intentionally or otherwise, to comply with the court’s command to execute the writ — the applicable rule, standard, or norm,” Vice Chief Justice John Lopez wrote in the opinion.
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Comments
3 Comments
Only failed human being Gavin Lee Stansell is responsible for these deaths.
Only one person committed murder that day and that was Gavin Lee Stansell.
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