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  1. #1
    Senior Member JohnDoe2's Avatar
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    Judge dismisses second suit against SB1070

    Judge dismisses 1 challenge to Arizona immigration law

    Aia Beard Rau - Aug. 31, 2010 05:57 PM
    The Arizona Republic

    U.S. District Court Judge Susan Bolton has dismissed the legal complaint filed by Tucson Officer Martin Escobar alleging that Arizona's new immigration law would, among other things, violate the civil rights of Latinos.

    But she did not dismiss the entire case.

    Bolton gave Tucson, also a plaintiff in the Escobar case, two weeks to file a written argument telling her why she should not also dismiss its claim. The city has claimed that Senate Bill 1070 usurps local police authority to determine how its resources should be allocated, violates the Constitutional rights of individuals who are detained and imposes a heavy financial burden on the city.

    Bolton's order Tuesday states that Escobar did not have the legal standing to file his claim. Escobar had said that if he enforces SB 1070, he would have to violate the Constitutional rights of those he comes into contact with, but if he does not enforce it he could be disciplined or face civil lawsuits.

    In her motion to dismiss the case, Gov. Jan Brewer argued that Escobar did not adequately show that enforcement of SB 1070 would cause him actual or imminent injury.

    Brewer said in a news release that she was pleased with the ruling.

    "I strongly believe that Arizona will ultimately prevail in all of these legal challenges," she said. "My defense of the rule of law will continue." In addition to Tucson's claim, five additional lawsuits challenging SB 1070 remain in play. But Bolton's ruling against Escobar calls into question the fate of a similar lawsuit filed by Phoenix Officer David Salgado.

    Salgado's attorney Stephen Montoya in a motion to consolidate the two cases said they "assert virtually identical claims." The Salgado case is unique in that Chicanos por la Causa is a second plaintiff, and the group does offer claims not made in the Escobar case.

    Bolton denied the motion to consolidate, but has not ruled on Brewer's motion to dismiss the Salgado case.

    Tucson attorney Richard Martinez, who represented Escobar, said they will appeal the dismissal to the U.S. Court of Appeals for the 9th Circuit.

    "The approach the judge took was not really surprising, but it's one that we think there is some legal authority to have the 9th Circuit take a look at," Martinez said. "We think that Martin Escobar, just like Officer Salgado, is someone in a unique position to bring their challenge to SB 1070 and that the injuries they run the risk of suffering are not speculative."

    Martinez said he hopes the appeals court would consider hearing the Escobar case at the same time it hears Brewer's appeal of the preliminary injunction in the lawsuit filed by the Department of Justice.

    That appeal is scheduled for oral arguments before the San Francisco court sometime the week of Nov. 1.

    SB 1070 makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

    Bolton has blocked key parts of the law from taking effect.

    Bolton also last week dismissed a lawsuit by Washington-based researcher Roberto Frisancho, ruling his action didn't allege an injury that was concrete.

    http://www.azcentral.com/news/election/ ... issed.html
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  2. #2
    Senior Member JohnDoe2's Avatar
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    Judge dismisses Tucson officer's challenge to new Ariz. immigration law

    The Associated Press
    Arizona Daily Star
    August 31, 2010 5:18 pm

    A federal judge dismissed a lawsuit Tuesday 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 alleged 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.

    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.

    http://azstarnet.com/news/local/govt-an ... 002e0.html
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  3. #3
    Administrator Jean's Avatar
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    Judge dismisses Arizona policeman's suit against immigration law

    She cites prior rulings that public officials cannot sue to block laws they don't want to enforce. Key provisions of SB1070 remain on hold, with arguments scheduled for November.

    By Nicholas Riccardi, Los Angeles Times

    September 1, 2010

    Reporting from Denver —

    The federal judge who halted most of a controversial Arizona immigration law dismissed a separate lawsuit Tuesday that had been filed by a Tucson police officer.

    The complaint by Martin Escobar was one of seven lawsuits filed in an attempt to nullify SB1070, which requires police officers to determine the status of people they have legally detained whom they suspect of being in the country illegally.

    U.S. District Judge Susan Bolton, ruling in a lawsuit brought by the Obama administration in late July, found that the key provisions of the law appear to violate the U.S. Constitution. She placed them on hold until the state could convince her otherwise in a trial.

    Arizona has appealed Bolton's ruling. Arguments are scheduled before the U.S. 9th Circuit Court of Appeals in San Francisco in November. The case is expected to ultimately end up before the U.S. Supreme Court.

    Bolton is still sorting through other actions, however. On Tuesday she granted Arizona Gov. Jan Brewer's motion to dismiss Escobar's complaint, ruling that he lacks legal standing to contest the law.

    Bolton cited previous rulings that public officials cannot sue to try to block laws they don't want to enforce or believe are unconstitutional. Another police officer, David Salgado of the Phoenix police department, also has a lawsuit pending against SB1070.

    Brewer hailed the ruling on Escobar's complaint. "I strongly believe that Arizona will ultimately prevail in all of these legal challenges," she said in a statement.

    www.latimes.com
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  4. #4
    Senior Member JohnDoe2's Avatar
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    Judge dismisses second suit against SB1070

    Judge dismisses second suit against SB1070

    By Jeremy Duda - jeremy.duda@azcapitoltimes.com
    Published: August 31, 2010 at 5:20 pm

    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,â€
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  5. #5
    Senior Member JohnDoe2's Avatar
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    Federal court dismisses Tucson officer's challenge to SB1070

    Posted: 08/31/2010
    By: Katie Fisher

    PHOENIX - The federal district court has dismissed a challenge to SB1070 filed by a Tucson police officer in late April.

    According to a press release from Gov. Jan Brewer's office, her motion to dismiss Officer Martin Escobar's challenge to Arizona's new immigration law was granted Tuesday.

    Brewer said Judge Susan Bolton agreed with her assertion that Escobar lacks standing to bring the suit and rejected his arguments.

    A clerk with the District Court of Arizona confirmed that the officer's lawsuit to block SB1070 has been dismissed.

    Escobar's suit alleged that the immigration enforcement law violates numerous constitutional rights, could hinder police investigations in Hispanic-prevalent areas and violates federal law because Tucson police and the city have no authority to perform immigration duties.

    "I am pleased with today's decision," Brewer said in a statement Tuesday. "I strongly believe that Arizona will ultimately prevail in all of these legal challenges. My defense of the rule of law will continue."

    http://www.abc15.com/dpp/news/state/fed ... -to-sb1070
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  6. #6
    Senior Member JohnDoe2's Avatar
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    Maybe this judge isn't as bad as some people thought ?

    OR

    She can dismiss all of the suits except the Federal suit and still get appointed to a higher court ?
    NO AMNESTY

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  7. #7
    Senior Member JohnDoe2's Avatar
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    Maybe the judge saw this poll:

    Poll: Majority Supports 1070's Killed Provisions

    http://www.alipac.us/ftopicp-1110566.html
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    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  8. #8
    Administrator Jean's Avatar
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    Added an article from above to the Homepage:
    http://www.alipac.us/article-5621--0-0.html
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  9. #9
    Senior Member immigration2009's Avatar
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    Deport all illegal aliens

    GOOD! I AM GLAD TO HEAR THAT. WE NEED SB 1070 ACROSS THIS NATION. ONLY ILLEGAL ALIENS ARE AFRAID OF SB 1070 BECAUSE THEY DO NOT HAVE LEGAL DOCUMENTS TO DEMOSTRATE THEY ARE IN THE UNITED STATES LEGALLY. U.S. CITIZENS, PERMANENT RESIDENTS AND OTHER PEOPLE WHO POSSESS LEGAL DOCUMENTS TO STAY IN THIS COUNTRY, ARE NOT AFRAID OF SB 1070. WE CAN SHOW POLICE OFFICERS OUR LEGAL DOCUMENTS. AGAIN ONLY ILLEGAL ALIENS ARE AFRAID OF SB 1070.

  10. #10
    Dave-co's Avatar
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    escobar is a goon, the entire force should shunn this idiot

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