Arizona Court Grants Constable Immunity in Eviction Case

The Arizona Supreme Court has ruled that Constable Deborah Martinez-Garibay is not liable in a wrongful death lawsuit following a 2022 eviction incident in Tucson where she and two others were killed by tenant Gavin Lee Stansell. The court held that Martinez-Garibay was protected by judicial immunity, as there was no evidence of 'misconduct,' defined as intentional or willful failure to execute a court order. Despite allegations of negligence due to substances found in her system, the court found these did not meet the legal threshold for misconduct. The decision also impacts Pima County's potential liability, as the county cannot be held accountable if the constable is immune, although there remains a possibility to sue for negligent supervision. The ruling clarifies the scope of judicial immunity for constables in Arizona, signaling broad protection from negligence claims unless specific misconduct is proven.