On August 29, 2012, Bybee, who previously wrote the dissent in a three-judge panel's ruling, authored the majority opinion that found Arizona sheriff Joe Arpaio and special prosecutor Dennis Wilenchik were not entitled to governmental immunity. The case involved the alleged false arrest of two newspaper publishers who had criticized the Maricopa County, Arizona, sheriff. In an 11-judge "en banc" hearing, the Ninth Circuit reversed the panel's decision and held the two defendants could be civilly tried for a potential award of damages for the arrests, violations of free speech and alleged selective enforcement.