ACLU FILES SUIT ON BEHALF OF FIRED PROBATION OFFICER

PHOENIX - The American Civil Liberties Union of Arizona today filed a
lawsuit in federal district court on behalf of a former Mohave County
probation officer who was fired after adding his name to a Law
Enforcement Against Prohibition (LEAP) letter in support of a
California ballot measure to decriminalize marijuana.

"More and more members of the law enforcement community are speaking
out against failed drug policies and they don't give up their right
to share their insight and engage in this important debate simply
because they receive government paychecks," said ACLU of Arizona
Legal Director Daniel Pochoda. "In this case, Mohave County Adult
Probation officials decided to punish a public servant who works on
the front lines with communities most affected by drugs, rather than
respect his right to speak out on his own time about the need to
reform marijuana laws."

At issue is the unlawful termination of Joe Miller, who worked as a
probation officer for the Mohave County Adult Probation Department
from January 2007 until December 2010. In June 2010, Miller added his
name to a LEAP letter endorsing California's Proposition 19, an
initiative on the state's November ballot that would have allowed
adults age 21 and over to possess and grow small amounts of their own
marijuana for personal use. LEAP, which states that its mission is to
"educate the public, the media and policy makers about the failure of
current [drug] policies," released the letter on September 13, 2010
and held press conferences in Oakland and Los Angeles declaring its
support for the ballot measure.

Miller, who lives in Needles, was one of 32 current and retired
members of the law enforcement community who signed the letter
titled, "Law Enforcers Say Control and Tax Cannabis to Protect Public
Safety." Co-signers included the District Attorney for the County of
Humboldt, Calif., an Oakland city attorney, a retired judge for the
Superior Court of Orange County, and the former chief of police for
the Seattle Police Department. Although the letter identified the law
enforcement agencies where the signatories worked, it specifically
included a disclaimer stating that: "All agency affiliations are
listed for identification purposes only."

Miller's supervisor -- Chief Adult Probation Officer Friend Walker --
found out about the LEAP letter in November, two months after it was
released, and then immediately notified Miller that he failed to
comply with the probation department's code of ethics, which states
that employees should "distinguish clearly in any public statement
those that are personal views and those that are statements and
positions on behalf of an agency."

Despite the letter's disclaimer making it clear he was not speaking
on behalf of the county, Miller was later terminated on Dec. 10,
2010, for "fail(ing) to maintain neutrality in action and appearance
when (he) gave permission to the Law Enforcement Against Prohibition
(LEAP) organization" and for failing "to include [his] job title and
department 'Deputy Probation Officer, Mohave County Probation
Department' with [his] endorsement of a California ballot proposition
posted on-line on Sept. 13, 2010 . . . ."

"I was terminated not because my service was inadequate, but because
my views on drug policy didn't align with those of Mohave County or
my superiors in the Probation Department," said 54-year-old Miller.
"As law enforcement agents and public servants, we swear to uphold
the Constitution and it's only fair for our government to respect our
First Amendment rights as well."

"There's no question Mohave County officials targeted Miller based on
his political views," said ACLU of Arizona cooperating attorney
Daniel Bonnett, of the Phoenix-based law firm of Martin & Bonnett.
"Government employees have a First Amendment right to speak out on
matters of public concern and retaliating against them for exercising
their free speech rights is simply un-American."

The ACLU lawsuit argues that county officials violated Miller's First
Amendment rights by unlawfully retaliating against him for exercising
his rights to freedom of association and speech. In addition to
Walker, Assistant Chief Probation Officer Elaine Grissom, Mohave
County, and the State of Arizona also are listed as defendants.

Miller is represented by Pochoda, Bonnett, Susan Martin, Jennifer
Kroll and Mark A. Bracken, from the Phoenix law firm of Martin & Bonnett.