PHOENIX — The posting of mug shots of people arrested on government websites amounts to illegal pretrial punishment, the 9th Circuit Court of Appeals ruled Thursday.
In a unanimous ruling, the three-judge panel gave the go-ahead for Brian Houston to sue Maricopa County over the practice of its sheriff’s department of routinely putting pictures of anyone processed through its jail on the internet. Judge Marsha Berzon, writing for the panel, rejected arguments by the agency the posting serve a legitimate public purpose.
Thursday’s ruling, however, affects more than Houston’s ability to seek compensation. He filed suit on behalf of others who have found themselves in this situation. Now, with a formal court opinion, they, too, can file their own claims.
There was no immediate response from the sheriff’s department.
According to court records, Houston was arrested by Phoenix police in January 2022 and charged with assault. As part of the booking process, his photo was taken and posted, along with many others, on the county’s publicly accessible website.