from the Superior Court in Maricopa County No.
LC2012-000700-001 The Honorable David B. Gass, Judge AFFIRMED
Charles R. Johnson, Counsel for Petitioner/Appellant
of the Phoenix City Attorney, Ean P. White Counsel for
Respondents/Real Parties in Interest
Jennifer M. Perkins delivered the opinion of the Court, in
which Presiding Judge Kenton D. Jones joined. Judge Jon W.
Thompson specially concurred.
Jennifer M. Perkins, Judge
Jennifer Foor appeals the superior court's order denying
special action relief from an order of the Phoenix Municipal
Court forfeiting Foor's cats to the City of Phoenix (the
"City"). Foor argues undisclosed impeachment
material pertaining to the Phoenix Police officer involved in
her case amounts to a Brady violation by the City
and requests the forfeiture of her cats be vacated. See
Brady v. Maryland, 373 U.S. 83, 87 (1963). For the
following reasons, we hold that Brady and
Giglio require disclosure of material information
under these circumstances, but affirm the superior
court's denial of relief on other grounds. See Giglio
v. United States, 405 U.S. 150, 153-54 (1972).
AND PROCEDURAL HISTORY
Foor kept approximately forty-one cats in the backyard of her
son's Phoenix home, where she resided. In October 2012,
Traci Pepper, an emergency animal medical technician with the
Arizona Humane Society ("AHS"), responded to
Foor's residence to check the condition of the cats at
the request of law enforcement. Pepper, after noting health
concerns and poor sanitation, spoke to Foor about how to
better care for and house the cats.
After a series of cancelled or missed appointments, Pepper
returned to the home on December 4, 2012, and observed
severely degraded living conditions, including overcrowding,
poor sanitation, and signs of illness among the cats. Pepper
contacted her supervisor at AHS, who, upon arriving at the
house, contacted law enforcement. Pepper and her supervisor
then began removing the cats while waiting for law
enforcement officers to arrive. Officer Cohane of the Phoenix
Police Department arrived, oversaw the seizure of the cats by
AHS, and issued a notice of seizure to Foor. On arrival at
the local shelter, Dr. Bradley, an AHS veterinarian, oversaw
the immediate treatment and subsequent long-term care of the
¶4 The municipal court promptly held a
post-seizure hearing in accordance with Phoenix City Code
("Code") section 8-3.02(A). The court concluded the
seizure was proper and Foor appealed by special action to the
Maricopa County Superior Court. On review, the superior court
determined it lacked sufficient information as to the extent
of the municipal court's order and remanded the case for
a forfeiture hearing in accordance with Code § 8-3.03.
The municipal court held a two-day evidentiary hearing in
April and June of 2013 at which Pepper, Officer Cohane, Dr.
Bradley, Foor, and Foor's son testified. After lengthy
testimony, the court concluded the cats were cruelly
neglected based upon the lack of shelter and sanitary
conditions, and should be forfeited to the City. See
Code § 8-3.03(B).
Foor then resumed her special action in the superior court,
which denied her petition. On appeal, this Court affirmed the
decision of the superior court. See Foor v. Smith, 1
CA-CV 14-0089, 2015 WL 1516528 (Ariz. App. Apr. 2, 2015)
(mem. decision) ("Foor I "). Foor
next petitioned the Arizona Supreme Court, which denied
Foor filed several additional requests for a stay of the
forfeiture order and relief from judgment, all of which the
superior court denied. Foor then filed an amendment to her
original special action complaint alleging a Brady
violation in the underlying civil forfeiture proceeding. The
superior court granted review of the amended special action
complaint and denied the ...