Another Lawsuit Against Arizona’s SB1070 Illegal Immigration Bill Bites the Desert Dust – Tucson Police Officer’s Suit Thrown Out
Posted By Vicki McClure Davidson on September 1, 2010
Another lawsuit against Arizona’s SB 1070 illegal immigration law — this one filed by a Tucson, AZ police officer — has been dismissed.
That makes two.
These small victories add up.
From AzCapitolTimes.com, Judge dismisses second suit against SB1070:
A federal judge dismissed the second of six suits filed against Arizona’s strict new immigration law, ruling that a Tucson police officer did not have standing to challenge SB1070.
U.S. District Court Judge Susan Bolton on Aug. 31 granted Gov. Jan Brewer’s motion to dismiss the suit filed by Officer Martin Escobar. The suit was the first of six filed to seek to overturn SB1070, and the second dismissed by Bolton in the past week.
“I strongly believe that Arizona will ultimately prevail in all of these legal challenges. My defense of the rule of law will continue,” Brewer said in a press statement.
The lawsuit, filed in late April, argued that SB1070 would force Escobar, an officer with the Tucson Police Department, to violate Latinos’ civil rights, while subjecting him to disciplinary action if he failed to enforce the law and legal action if he did.
But Bolton said Escobar did not have standing, meaning he did not have the right under the law to challenge SB1070. She wrote in her ruling that Escobar did not sufficiently show that he would suffer harm as a direct result of the law. His arguments that he would be forced to violate other people’s rights were too speculative, Bolton wrote, and standing can only be based on the rights of the plaintiff, not a third party.
“Standing requires the plaintiff to allege that he ‘has sustained or is immediately in danger of sustaining some direct injury,’” Bolton wrote, quoting a prior ruling.
Bolton noted that SB1070 holds agencies and governments liable for failure to enforce the law, but does not include similar penalties for individual officers. Officers also face no civil liability for enforcing laws, except in cases in which they act in bad faith, Bolton wrote.
Escobar’s was the second SB1070-related lawsuit Bolton dismissed recently. On Aug. 24, Bolton dismissed a lawsuit filed against SB1070 by Washington, D.C. resident Roberto Frisancho. Frisancho, who is Hispanic, argued that the law would prohibit him from traveling to Arizona to conduct research on a 1997 roundup of illegal immigrants in Chandler.
In late July, Bolton issued an injunction against major portions of the law. The judge blocked a provision that made it a misdemeanor state crime to be in the country illegally and another section that required officers to inquire about a person’s immigration status if there was a reasonable suspicion that a person is in the country illegally. A provision barring cities from hindering the enforcement of immigration law was left in place.
Reported by KTAR News Phoenix, Police officer’s suit against SB1070 dismissed:
PHOENIX — A federal judge has dismissed a lawsuit by a Tucson police officer who challenged Arizona’s new immigration law.
U.S. District Judge Susan Bolton says the lawsuit by Officer Martin Escobar alleged an injury that was based on speculation.
Escobar claimed he would be subject to civil liability for violating the rights of others in enforcing the law.
Gov. Jan Brewer’s lawyers asked for the dismissal. “I am pleased with today’s decision,” Brewer said Tuesday. “I strongly believe that Arizona will ultimately prevail in all of these legal challenges. My defense of the rule of law will continue.” Escobar expressed mixed feelings about the dismissal.
“I set out in this whole thing to get this law stopped. In a sense, it’s already stopped. There’s a preliminary injunction against it, so I’m happy for that… I’m a little bit bummed out about it, but I still feel good there’s already an injunction in place.”
Two of the seven challenges to the law have been dismissed.
Last month, Bolton put the law’s most controversial elements on hold in a case filed by the U.S. Justice Department.
The other five lawsuits remain alive.
Illegal immigration rally, Phoenix, AZ, July 2010
Additional related reading:
Michelle Malkin: Open-borders bridges into America and HSINO: The $600 million Homeland Security In Name Only bill and Another deadly catch-and-release nightmare
Frugal Café Blog Zone: Illegal Immigration: Obama Claims Crime Is Down at Mexico Border… WRONG, Mr. President and Deep in the Heart of Texas: Obama Attacks Bush in Bush’s Home State, Dems Avoid POTUS, Gov. Perry Greets President with Letter on TX Border Security Problems (video) and Latino Indignation: Dr. Alvarez Fires Back at Sen. Reid for His Insult to Hispanics, Suggesting That Latinos Are Stupid (video) and Harry Reid, Keepin’ It Classy, Keepin’ It Racist: Now Dingy Harry’s Denigrating Hispanic Republicans, Rubio Slams Him (video) and Palin Lands It: “Jan Brewer Has the Cajones the President Doesn’t Have to Secure Our Borders,” Plus Contradictions in Judge Bolton’s SB 1070 Ruling (video) and AZ SB1070 Update: Most Illegal Alien Protesters Yesterday Were Out-of-State Union Members, 68% of Americans Want Mexico Border Fence (video) and As Promised, Illegal Aliens & Supporters Storm Downtown Phoenix Jail, Dozens Arrested — Illegal Alien Protests Across Country and Rancher Krentz’ Widow Speaks Out on Her Husband’s Murder & Illegal Immigration… Left-wing Media Bias Against Arizona, 10-to-1 Slant Pro-Illegal Aliens (video)
Mcnorman’s Weblog: The Border…Safest Evah!
Gateway Pundit: The Drug Culture In Mexico Spawns Its Own Language Called Narco-Speak and Retired Border Security Agents Join ICE and Border Agents In No Confidence Vote of Obama Administration and For the First Time Mexican Border Gunbattle Closes Street in El Paso and Arizona Sheriff: Border Patrol Abandoning Border Because It’s Too Dangerous (Video) and Harry Reid Busted: Attacks Sharron Angle Over Her Birthright Stand – Something He Proposed in 1993 and Border Agents Vote “No Confidence” In ICE Leadership! and Despite Media Assistance… Obama Approval Number Slips to New Low and Obama Travels to Texas for Fundraisers… Democrats Flee and Border Crime Is Down? Don’t You Believe It! and No Help In Sight: Texas Ranchers Forced To Hire “Gate Keepers” and Awful. Obama Attacks Americans – Says Those Who Support AZ Law Are “Anti-Immigrant” (Video)
Diary of a Mad Conservative: Border Sheriff’s website – they need our support
KFOX News: Gun Battle Breaks Out in Juarez Near Border
Nice Deb: ICE Draft Memo Directs Local Police To Stop Enforcing Immigration Laws and AZ Sheriff: “Our own government has become our enemy”
A Charging Elephant: Feds moving to dismiss some deportation Cases
Are you Freaking Stupid?: Good News: Since Feds Won’t Do Their Constitutional Duty And Protect Our Borders, Arizona Protects Their Own.
Conservative Pup: Mexican Drug War On Our Doorstep
Doug Powers, Michelle Malkin: Napolitano: It’ll Be a Couple of Months Before We Make Our August 1st Deadline for Border Troops
The Texas Tribune: Perry Calls Troops to Border a “Fraud” After Visit With Obama
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