The state Supreme Court ruled Thursday that constables are not liable for negligence in fulfilling their duties.
The lawsuit in question came from a Tucson eviction that resulted in multiple shooting deaths, including Constable Deborah Martinez-Garibay in 2022.
Constables are elected officers in the state who execute orders of the judicial branch, like evictions.
A spouse of one of the victims sued Pima County, saying the eviction was performed with negligence.
The high court ruled that only actions classified as misconduct could result in a constable’s legal liability.
The court said that misconduct only occurs when duties are intentionally not met, leaving negligence out of the equation.
