Federal judge dismisses 'New Times' lawsuit

A federal judge has dismissed a lawsuit filed against the Maricopa County Attorney's Office by executives of the New Times newspaper.

The suit accused County Attorney Andrew Thomas and his office of negligence, conspiracy and racketeering, and violating the constitutional rights of two journalists by arresting them for publishing details of an overreaching grand jury subpoena.

In granting the motion, U.S. District Judge Susan Bolton said the decision to hire outside counsel due to conflict of interest "falls within the prosecutorial function because it is intimately associated with the judicial phase of the criminal process."

The judge further states, "Plaintiff's vague allegations regarding the failure to train or supervise do not allege Thomas was aware of Dennis Wilenchik's conduct in issuing overly broad subpoenas or failing to follow grand jury procedures."

The court additionally ruled that Sheriff Joe Arpaio and Wilenchik did not violate the free speech or First Amendment rights of editor Mike Lacey and publisher Jim Larkin.