Thread: Judge Denies Metro's Appeal for Appeal in 287(g) Case

Judge Denies Metro's Appeal for Appeal in 287(g) Case

Posted by Stephen George on Tue, Jul 19, 2011 at 3:20 PM

Last week, we told you about the city's attempts to keep from answering some devastating claims in a lawsuit brought by a U.S. citizen, Daniel Renteria-Villegas, who was detained for an extended period of time under the 287(g) program.

That's about to change.

U.S. District Court Judge Kevin Sharp on Tuesday denied the city's request to send the case to the Sixth Circuit Court of Appeals. That leaves the city with a few weeks to finally answer the claims made in the suit.

"Allowing Metro an interlocutory appeal will get the parties no closer to a decision on the merits, and, in the Court’s opinion, will not materially advance the resolution of this case..." Sharp wrote in the ruling.

In other words, get on with it.

The suit, built on a clever legal strategy that is unique to Metro Nashville, has the potential to curb 287(g), a program in which local officers are trained to interact with — and on behalf of — federal immigration officials. Davidson County Sheriff Daron Hall has been the chief proponent and operator of the controversial program since its adoption in 2007.

Though the suit has been tied up for more than six months with a variety of crafty procedural maneuvers and other such delay tactics offered by Metro attorneys, we'll now finally be able to hear Metro respond to claims of illegal detention that might invalidate deportation proceedings for some 585 people.

http://www.nashvillescene.com/pitw/arch ... -287g-case

The government should consider a "sovereign immunity" position, among others. If it was easy for a citizen to sue a governmental body for damages everyone would start doing it. Yes, citizens have rights, but the government has quite a lot of latitude in imperfection.