Sanchez v. Maricopa County, No. CV-24-0013-PR (July 21, 2025) (J. Montgomery) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240013PR.pdf

COUNTY HAS NO CONTROL OVER DEPUTY SHERIFF AND IS NOT VICARIOUSLY LIABLE FOR DEPUTY CONDUCTING LAW ENFORCEMENT WHO REARENDS PLAINTIFF/COUNTY SHERIFF IS VICARIOUSLY LIABLE FOR NEGLIGENCE OF DEPUTY AND IS PROPER PARTY FOR SERVICE OF NOTICE OF CLAIM A.R.S. § 12-821.01(A)

Plaintiffs were rearended by a Maricopa County Deputy Sheriff, served a Notice of Claim upon Maricopa County for their injuries and ultimately sued the county.  The county moved to dismiss under Arizona Rule of Civil Procedure 12(b)(6) on the basis it exercised no control over deputy sheriffs and therefore could not be vicariously liable for their negligence. The trial court granted the motion. Plaintiffs appealed and the Arizona Court of Appeals affirmed finding county sheriffs are public entities for notice of claim purposes under A.R.S. § 12-820(7). The Arizona Supreme Court affirmed the trial court and vacated the court of appeals decision.

Counties do not exercise control over the independently elected county sheriff, or the deputies working under the sheriff's charge and therefore cannot be found vicariously liable for their actions. Neither the Arizona Constitution nor statute give the county such control. The sheriff, however, does exercise control over deputies in the sheriff department and can be vicariously liable for the negligence of deputies performing law enforcement duties.  The sheriff is an independently elected public entity for purposes of Arizona' s Notice of Claim statute and is the proper entity to serve with such a notice when bringing a claim for negligence against a deputy sheriff.