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DAWSON v. SUPERIOR COURT

No. 1 CA-SA 88-280.

163 Ariz. 223 (1990)

786 P.2d 1074

S. Shine DAWSON, a single woman, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Norman D. Hall, Jr., a judge thereof, Respondents, MARICOPA COUNTY, a political subdivision of the State of Arizona, Heinz H. Karnitschnig, M.D., Chief Medical Examiner of Maricopa County, and Mariah Karnitschnig, husband and wife, Robert Edwards, a single man, Abel Valentino and Blanca Valentino, husband and wife, Thomas Freestone, Supervisor and Chairman of the Board of Supervisors of Maricopa County, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department D.

February 8, 1990.

Attorney(s) appearing for the Case

Edwin B. McLean, Phoenix, for petitioner.

Maricopa County Attorney's Office by Lyle R. Huffman, Deputy County Atty., O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Marshall W. Anstandig and Diane M. Dear, Phoenix, for respondent real parties in interest.

Robert K. Corbin, Atty. Gen. by Anthony B. Ching, Sol. Gen., Phillip A. Austin, Chief Counsel, Civ. Rights Div., Joan Dover Wendel and Heather A. Sigworth, Asst. Attys. Gen., Phoenix, amicus curiae.

GRANT, Chief Judge.

This is a special action from the trial court's order dismissing petitioner's complaint for failure to comply with the Arizona Civil Rights Act, A.R.S. § 41-1401 et seq. We accept jurisdiction and grant relief.

The issue presented is whether a private litigant in a civil rights action under A.R.S. § 41-1401 et seq., may seek a preliminary injunction from the superior court before receiving a right-to-sue letter from...

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