The Arizona Supreme Court has ruled that a constable cannot be held legally responsible for the tragic death of an apartment manager during a 2022 eviction in Tucson. Here’s what Arizona landlords and investors need to know:
🔹 The Incident:
In 2022, Constable Deborah Martinez-Garibay was serving an eviction notice when the tenant fatally shot her, apartment manager Angela Fox, and a bystander before turning the gun on himself.
🔹 The Lawsuit:
Fox’s surviving spouse sued the constable’s estate and Pima County, claiming negligence—particularly for involving Fox in serving the eviction notice.
🔹 The Ruling:
The Arizona Supreme Court upheld the dismissal of the lawsuit, stating the constable did not commit “misconduct” as legally defined. The court emphasized that:
- Garibay followed court orders as required.
- There was no willful or intentional failure in carrying out her duties.
- Therefore, no legal liability could be assigned to her estate.
🔹 What This Means for Investors:
While emotionally devastating, this case highlights a key legal precedent: state officers executing court orders within scope are shielded from civil liability unless they act in misconduct or defy directives. This is a reminder to:
- Review eviction processes with your property manager or legal counsel.
- Ensure any personnel involved in eviction actions understand their roles and risks.
For property owners and landlords, this decision reinforces the importance of relying on professional property managers and legal experts during sensitive legal actions like evictions.