The government offered testimony to argue that the church ran the government and the government was part of the church.
In its appeal, Colorado City argued that the government could not be found guilty absent a showing that the town was liable for the actions of its officers and agents. That was denied.
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“The plain text of (the law) shows that any government agent who engages in a pattern or practice of conduct that deprives persons of their constitutional rights violates (the law),” . . . it was clear that Congress, in enacting the law, intended for local governments to be held liable when their employees act in unconstitutional ways."
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BLOGGER NOTE: The court clearly found that the city's government [and government agents] engaged in a pattern or practice of conduct of discrimination based on religion.
Let's give that a name: Latter-Day Government
In essence, the 9th Circuit Court said that the governments functioned as an arm of the church and used municipal resources to advance church interests.
> City leaders who didn't follow order were 'excommunicated'.
> The church determined who would be mayor and council members
> The church ran the government and the government was part of the church.
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Please note there is a download link on this site to view the entire 22-page Opinion
Source: https://law.justia.com/cases/federal/appellate-courts
The Act prohibits any governmental authority from engaging in a pattern or practice of conduct by law enforcement officers or government agents that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
The United States filed suit against defendants, alleging that defendants engaged in a pattern or practice of violating the constitutional rights of residents who were not members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints .
The panel held that the district court correctly interpreted the Act, 34 U.S.C. 12601, when it concluded that the statute does not require an official municipal policy of violating constitutional rights in order for the United States to prevail; defendants' arguments about the district court's factual findings, even if correct, did not entitle it to relief because the district court's judgment was supported on other grounds; and the district court did not err in admitting several statements that defendants challenged as hearsay.
BLOGGER NOTE: There also was a separate $1.6 million settlement between Colorado City and neighboring Hildale, Utah. The Utah community chose not to appeal the trial court decision, leaving only Colorado City.
Published on Apr 18, 2019
Appeal from a judgment and injunction in favor of the United States, entered following a jury trial, in an action brought against Utah and Arizona rural municipalities alleging religious discrimination and Fourth Amendment violations.
In a unanimous ruling Monday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said there was “overwhelming evidence” that the community along the Arizona-Utah border deprived residents who were not members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints of their constitutional rights. This ranged from the passive, like refusing to grant them the same legal protections and even water services, to the overt like the use of the police department to harass non-church members.
Smith said it was clear that Congress, in enacting the law, intended for local governments to be held liable when their employees act in unconstitutional ways. . .
“That evidence included testimony that officials from the towns attended meetings in which FLDS leaders instructed them on how to handle legal issues in a way that advanced the church’s interests,” Smith wrote.
He also said that Jeffs excommunicated town leaders who did not follow his orders, that the church determined who would be mayor and council members, and that members of the marshal’s office helped Jeffs evade capture by the FBI.
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Arizona Town Liable for Religious Discrimination, 9th Circuit Says
Brian Flood Reporter
Posted Aug. 26, 2019, 9:29 AM
https://news.bloomberglaw.com
The U.S. brought a civil action against Colorado City, Hildale City, and their municipal utility providers, alleging they demonstrated a pattern of discrimination against non-FLDS residents. The city governments were accused by the U.S. of essentially acting as arms of the church and using municipal resources to advance church interests. The church allegedly picked the towns’ leaders and marshals and instructed them on how to do...
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