September 1, 2010 12:00 am
A federal judge on Tuesday threw out a challenge filed by a Tucson police officer to Arizona's new immigration law.
U.S. District Court Judge Susan Bolton said Martin Escobar lacks legal standing to sue. She said claims that he would suffer harm from being forced to enforce what he believes is an illegal law are "wholly speculative."
Bolton also was not convinced Escobar proved he would be disciplined by his superiors for failing to enforce the law.
But Tuesday's ruling leaves intact, at least for the time being, separate legal claims filed in the same case by the city of Tucson that the law is unconstitutional. City attorneys also say the law creates a burden on already strapped taxpayers and usurps the authority of the City Council to set priorities for police.
"Compliance with the (immigration) act will require Tucson Police Department to change those priorities and may result in decreased investigation and prosecution of violent crimes against persons and other major felonies," they said.
Nothing in Tuesday's order has an immediate effect.
Bolton, ruling in July in a separate lawsuit filed by the U.S. Department of Justice, enjoined the state from enforcing several provisions of SB 1070 until there is a full trial on the merits, something unlikely to occur this year.
Escobar, in his own lawsuit, challenged two sections.
One requires police who have stopped someone for any reason to make a reasonable attempt to determine immigration status if there is "reasonable suspicion" the person is in this country illegally. The other lets police make warrantless arrests if there is a belief a person has committed any offense that allows him or her to be removed from the United States.
Escobar argued that, as a police officer, he is required to enforce the law even though he "believes the act ... is unlawful." Escobar said he could be sued for violating the rights of Latinos.
Conversely, Escobar said failing to fully enforce SB 1070 opens him up to civil lawsuits and discipline, and that he is being pressured to enforce the law by "individuals within the Tucson Police Department," chilling his First Amendment rights to speak out against the law.
Both of the provisions Escobar challenged were among those Bolton put on hold.
Escobar's attorney, Richard Martinez, said he was not surprised by the ruling. "Obviously, this is not the result we wanted," Martinez said.
Martinez said Escobar is still committed to the lawsuit. They plan to file a notice of appeal by Monday, and will ask to have the appeal fast-tracked to get a hearing with the 9th U.S. Circuit Court of Appeals by November.
The 9th Circuit will hear arguments in November by attorneys for Gov. Jan Brewer that the injunction should be dissolved.
Star reporter Clayton Norman contributed to this story.
Judge tosses cop's suit against SB 1070
A federal judge on Tuesday threw out a challenge filed by a Tucson police officer to Arizona's new immigration law.
U.S. District Court Judge Susan Bolton said Martin Escobar lacks legal standing to sue. She said claims that he would suffer harm from being forced to enforce what he believes is an illegal law are "wholly speculative."
Bolton also was not convinced Escobar proved he would be disciplined by his superiors for failing to enforce the law.
But Tuesday's ruling leaves intact, at least for the time being, separate legal claims filed in the same case by the city of Tucson that the law is unconstitutional. City attorneys also say the law creates a burden on already strapped taxpayers and usurps the authority of the City Council to set priorities for police.
"Compliance with the (immigration) act will require Tucson Police Department to change those priorities and may result in decreased investigation and prosecution of violent crimes against persons and other major felonies," they said.
Nothing in Tuesday's order has an immediate effect.
Bolton, ruling in July in a separate lawsuit filed by the U.S. Department of Justice, enjoined the state from enforcing several provisions of SB 1070 until there is a full trial on the merits, something unlikely to occur this year.
Escobar, in his own lawsuit, challenged two sections.
One requires police who have stopped someone for any reason to make a reasonable attempt to determine immigration status if there is "reasonable suspicion" the person is in this country illegally. The other lets police make warrantless arrests if there is a belief a person has committed any offense that allows him or her to be removed from the United States.
Escobar argued that, as a police officer, he is required to enforce the law even though he "believes the act ... is unlawful." Escobar said he could be sued for violating the rights of Latinos.
Conversely, Escobar said failing to fully enforce SB 1070 opens him up to civil lawsuits and discipline, and that he is being pressured to enforce the law by "individuals within the Tucson Police Department," chilling his First Amendment rights to speak out against the law.
Both of the provisions Escobar challenged were among those Bolton put on hold.
Escobar's attorney, Richard Martinez, said he was not surprised by the ruling. "Obviously, this is not the result we wanted," Martinez said.
Martinez said Escobar is still committed to the lawsuit. They plan to file a notice of appeal by Monday, and will ask to have the appeal fast-tracked to get a hearing with the 9th U.S. Circuit Court of Appeals by November.
The 9th Circuit will hear arguments in November by attorneys for Gov. Jan Brewer that the injunction should be dissolved.
Star reporter Clayton Norman contributed to this story.
Judge tosses cop's suit against SB 1070
