A former state lawmaker who represented the Tucson area has filed a lawsuit against the city of Tucson and Pima County.
Daniel Patterson, a Democrat who was twice elected to the state House in District 29, filed the suit in U.S. District Court seeking unspecified damages, alleging his Fourth, Fifth and 14th Amendment rights had been violated.
The suit also says Pattersonβs privilege against arrest as a legislator, as guaranteed under the Arizona Constitution, was violated.
The complaint stems from a February 2012 incident involving Patterson and his then-girlfriend.
At the time, Patterson had called police after a domestic-violence incident between him and the woman. Tucson police arrived at the scene but left without issuing a citation.
A few days after the event, Pima County sheriffβs deputies came to Pattersonβs Tucson home to serve him with orders of protection from the girlfriend and his ex-wife.
Patterson declined to comment on the suit.
But his attorney, Paul Gattone, said, βWhat the deputies did that day was seize him,β in reference to the claim of a Fourth Amendment violation against unreasonable search and seizure.
Gattone said deputies blocked in Pattersonβs car, preventing him from leaving.
The court action also speaks to the protection lawmakers have from arrest while the Legislature is in session, Gattone said.
Article 4, Part 2, Section 6 of the Arizona Constitution protects lawmakers from βarrest in all cases except treason, felony and breach of the peace, and they shall not be subject to any civil process during the session of the Legislature.β
βIt certainly looks suspect to us,β Gattone said.
Patterson later was acquitted of the misdemeanor domestic-violence charges in Tucson City Court, and his then-girlfriend recanted statements she made to police.
His political career ended as result of the incident, however, as Patterson first changed his political allegiance to independent then resigned his seat rather than face removal proceedings.
A House Ethics Committee report from the same time said Patterson had behaved unethically, smoked marijuana and attempted to trade his vote on an issue in exchange for sex with a lobbyist.
He denied the allegations.
In the complaint against the city and county, Patterson accuses the city prosecutor of making defamatory statements against him even after the acquittal.
It also notes Patterson has been unable to find employment in areas of public policy or politics as result of the trial.
He alleges the city and county have violated his civil rights to due process and βto be free from criminal prosecution except upon probable cause.β
As a result, he has suffered mental anguish, emotional pain and loss of income.
City of Tucson spokesman Michael Graham said the city had not been served with the claim as of Tuesday afternoon.
Once served, the city intends to defend against the claim and seek a dismissal, Graham said.
Pima County Sheriffβs Department would not comment on the claim, since the issue is pending in court.
The claim also names City Attorney Mike Rankin and Pima County Sheriff Clarence Dupnik in their official capacities and as individuals.
