Donald T. Stapley v. Peter R. Pestalozzi

Former prosecutors Andrew Thomas and Lisa Aubuchon, and their spouses, (“Defendants”) appeal the district court’s partial denial of their motions to dismiss. Former Maricopa County Board of Supervisors member Donald T. Stapley, Jr. and his spouse (“Plaintiffs”) allege that Defendants initiated a frivolous federal civil racketeering (“RICO”) suit against Stapley to harass him. The suit was part of an ongoing “political war” in Maricopa County between the Board of Supervisors, Sheriff Joe Arpaio, and others. Thomas and Aubuchon were later disbarred, in part for initiating the RICO suit in question.

Thomas and Aubuchon argued that they are entitled to absolute prosecutorial immunity from any claims arising out of their filing of the civil RICO action. The district court disagreed, denying Defendants’ motion to dismiss as to the claims arising from the RICO suit. We affirm.

I. Factual Background

This case is before us on a Rule 12(b)(6) motion to dismiss. We describe the facts using the allegations from Stapley’s Second Amended Complaint.

A. General Background

Stapley is a member of the Maricopa County Board of Supervisors (“the Board”). Thomas was the County Attorney,…