Thread: Judicial Watch's "Special Order 40" Lawsuit to Mov

http://www.judicialwatch.org/5816.shtml

Jul 27, 2006 Contact: Press Office
202-646-5188


Judge Rules Against LAPD: Judicial Watch's "Special Order 40" Lawsuit to Move Forward


Washington, DC -- Judicial Watch, the public interest group that seeks to promote the rule of law, announced today that California Superior Court Judge Rolf M. Treu has ruled against the Los Angeles Police Department in an attempt to halt a lawsuit challenging Special Order 40, the LAPD sanctuary policy that prohibits police officers from inquiring about an individual’s immigration status and restricts police officers’ ability to communicate freely with federal immigration officials about illegal aliens (Harold P. Sturgeon v. William J. Bratton, et al., Case No. BC351646.) Judge Treu overruled the LAPD’s “demurrer,” which would have ended the lawsuit, following a July 27 hearing. The case will now proceed to discovery.

“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,” Judge Treu noted in a tentative ruling delivered to both parties the day before the hearing. “[Judicial Watch’s] complaint sufficiently alleges a cause of action…to withstand demurrer. The demurrer is therefore overruled.”

Judicial Watch filed the lawsuit on behalf of Harold P. Sturgeon, a City of Los Angeles taxpayer, on May 1, 2006. The lawsuit alleges that Special Order 40 violates both federal and California law. It seeks a judgment declaring that Special Order 40 is illegal and an injuction preventing the LAPD from spending any additional taxpayer funds to carry out or enforce the policy.

“It cannot be denied that Special Order 40 and the policies, practices, and procedures arising thereunder violate both the letter and spirit of [federal law],” Judicial Watch argued in a legal memorandum filed with the court on July 14. “The LAPD has adopted what is in effect a ‘Don’t Ask, Don’t Tell’ policy with respect to immigration status.”

In 1996, Congress enacted legislation which states, “…a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service (now Immigration and Customs Enforcement) information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”

“Police officers are our first line of defense against any kind of illegal activity, and LAPD’s sanctuary policy helps illegal aliens to remain undetected in the City of Los Angeles,” said Judicial Watch President Tom Fitton. “In so doing, Special Order 40 undermines enforcement our nation’s immigration laws.”



To read a copy of the Judge’s “Tentative Ruling,” click here.

http://www.judicialwatch.org/archive/2006/0152_001.pdf

http://www.judicialwatch.org/so40.shtml

Special Order 40



City of Los Angeles
Special Order 40 is a police mandate that originated in 1979 by former Los Angeles Police Chief Gates and the L.A. City Council to prevent police from inquiring about the immigration status of arrestees. The downside to Special Order 40 is quite substantial because it is a powerful incentive for more illegal immigrants to flaunt U.S. law. Illegal immigrants recognize Los Angeles – and many other cities that have adopted similar laws – as a safe haven where they can’t be touched because of their immigration status. Special Order 40 is also at odds with the law. No police officer can be ordered to ignore and flout the law, including federal immigration laws.

As part of our efforts in the area of immigration law enforcement, Judicial Watch, under the California Public Records Act, requested documents from the LAPD regarding Special Order 40 and about how their officers handle illegal immigrants. We sued the LAPD for the documents after they were unresponsive to our request and were successful. We have also sued the LAPD over the actual special order.

Legal Documents

California Superior Court Judge Rolf M. Treu's "Tentative Ruling" - Allows the case to proceed to discovery.
Memorandum in Response to the Defendants' "Demurrer" - Further support of JW's legal challenge to Special Order 40
Complaint for Declaratory and Injunctive Relief - Seeking judgment that Special Order 40 is unlawful.
Documents Produced
Complaint for Injunction - Request for documents pertaining to Special Order 40
Press Releases

Judge Rules Against LAPD: Judicial Watch's "Special Order 40" Lawsuit to Move Forward (July 27, 2006)
Judicial Watch Challenges the LAPD's "Special Order 40" in New Court Filing (July 17, 2006)
Judicial Watch Sues Los Angeles Police Department Over Dangerous & Unlawful Immigration Policy (May 2, 2006)


News

Lawsuit Challenges LA Police Immigration Policy (Mar. 30, 2006)
Group Targets LAPD's Rule to Ignore Residency Status (Mar. 30, 2006)

http://keepstuff.homestead.com/Spec40orig.html

Oh, this is indeed GOOD NEWS

Cali.....Judicial Watch took a nice bite out of the biggie!!