Court Rules Against LAPD: Special Order 40 Lawsuit to Move Forward
by Tom Fitton
Posted Aug 03, 2006


A significant victory was won last week by Judicial Watch in its campaign to stop local law enforcement agencies from undermining federal immigration laws.

California Superior Court Judge Rolf M. Treu ruled against the Los Angeles Police Department in its attempt to halt Judicial Watch's lawsuit challenging Special Order 40, a policy that prohibits police officers from inquiring about an individual's immigration status and reportedly restricts police officers from fully cooperating with federal immigration officials.

Here's what the Judge Treu had to say about the LAPD's “demurr” (motion to dismiss): “The parties have expended a great deal of energy arguing their substantive claims here on demurrer.

However, in a demurrer, the sole issue is whether the facts pleaded, if true, state a valid cause of action. [Judicial Watch's] complaint sufficiently alleges a cause of action…to withstand demurrer. The demurrer is therefore overruled.”

I covered this case fairly extensively last week, so I won't go into too much detail with respect to the various legal arguments. However, I do encourage you to read the judge’s ruling for yourself. And feel free to visit our Special Order 40 summary page on the Internet for more information.

This case now moves to discovery and I will have much to report in the coming weeks.