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.

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