Arizona constable not liable for person killed during eviction order, court rules
A Tucson constable who died in 2022 while attempting to serve an eviction order was following normal procedures, the Arizona Supreme Court ruled.
Therefore Constable Deborah Martinez-Garibay could not be held liable in a wrongful death lawsuit for the killings of a bystander and apartment manager who were also shot by the renter receiving an eviction notice from Garibay, the court said.
The case was sent back to the trial court for further proceedings.
