Cancer survivor Joseph Lathus alleges constitutional and ADA violations after judge refused legal counsel, ignored medical records, and issued contempt charges in retaliation for disability and prior lawsuits.
APACHE COUNTY, AZ, May 01, 2025 /24-7PressRelease/ -- Joseph Lathus, a permanently disabled father of five and mouth cancer survivor, has filed a federal civil rights and ADA lawsuit in the U.S. District Court for the District of Arizona (Case No. 3:24-cv-08233) against Round Valley Justice Court and Judge Butch Gunnels.
The complaint alleges serious violations of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and constitutional protections under 42 U.S.C. § 1983. According to court records, Lathus suffers from permanent physical impairments following aggressive mouth cancer surgery that left him temporarily unable to speak clearly or advocate for himself in legal proceedings.
Despite presenting medical records from specialists, Lathus was denied counsel (triggering his right to remain silent) during his misdemeanor trial and forced to proceed with only partial accommodations—a court clerk reading aloud his handwritten notes. Following the case's conclusion and full payment of a $750 fine, Judge Gunnels issued a contempt order months later, claiming Lathus had "lied" about his disability, without any expert evaluation. The complaint outlines how the contempt was issued after Lathus filed an appeal and a separate lawsuit against Apache County, suggesting a pattern of retaliation.
"This was never about justice," says Lathus. "This was about silencing a disabled man who dared to fight back."
The federal lawsuit seeks injunctive relief, compensatory and punitive damages, and a jury trial. It also alleges that the Round Valley Justice Court failed to follow ADA procedures and improperly relied on non-medical personnel to assess disability claims—raising concerns about systemic discrimination.
Lathus has launched a GoFundMe (https://gofund.me/03e67a45) campaign to raise legal funds and awareness for disability rights, and has submitted a motion requesting that the U.S. Department of Justice investigate the judge for abuse of power and criminal retaliation.
Joseph Lathus is a public interest advocate and disabled father who has been active in exposing corruption and ADA violations in Arizona's local government system. His case is currently pending in federal court in Phoenix, Arizona.
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