The Maricopa County Sheriff’s Office announced Monday it has removed mug shots from its website after the 9th Circuit Court of Appeals ruled against the agency, saying that posting the photos online is unlawful.
Attorneys for the man who filed the lawsuit say the photos violated their client’s constitutional rights.
Earlier this month, a three-judge panel gave the go-ahead for Brian Houston to sue Maricopa County over the practice of its sheriff's office routinely putting pictures of anyone processed through its jail on the internet. The panel rejected arguments by the agency that the postings serve a legitimate public purpose.
His attorney, Andrew Ivchenko, questioned why the information was posted when federal law enforcement won't post mug shots without a legitimate reason.
"You know, why is his weight up there and the date of birth, gives people that have nefarious motives a critical tool for identity theft. So this is just completely unnecessary information to release, yet they’ve been doing it for over a decade," Ivchenko said.
Ivchenko’s law partner, Daniel Kloberdanz, specializes in real estate law. Yet he took on the case because of his personal experience with the issue. He said it’s distressing for people to see their mug shots online, especially in cases like Houston’s, when the charges are dropped.
"I realized that there were not thousands but hundreds of thousands of people who’ve been affected this way and we’ve heard stories, so yeah, to me, it’s personal," Kloberdanz said.
Houston’s attorneys said the ruling should not impact mug shots used for fugitives or the sex offender registry.
In its announcement, MCSO says it is discussing possible further legal action with its attorneys.
