emilynghiem
Constitutionalist / Universalist
Jim Lockwood argues that victims of crimes by illegal immigrants
should join in class action suits against Sanctuary cities.
See his argument outlined below:
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The perfect case would be an individual who has been injured, within the last three years or less, from an illegal immigrant who had previously been arrested by local officials located in a sanctuary state or city.
.....
What follows is a legal argument which MIGHT succeed in holding local officials accountable for designating a city or state a sanctuary for illegal immigrants. I emphasize the word might, because to my knowledge, the below argument has never been made.
Attorney General Jeff Sessions is currently suing California in Federal court over state officials designating the state as a sanctuary state. This effort is bound to fail. Session’s argument is, local officials MUST enforce Federal law. Thus if an illegal immigrant is found to be present, local police departments MUST notify ICE.
However, the Supreme Court has ruled numerous times that local officials cannot be forced to enforce Federal law. I agree with this ruling. I do not want police officers to be turned into agents of the Federal government.
So how do we challenge the designation of a state or city as a sanctuary for illegal immigrants?
Under the Federal civil rights act 42 USC 1983 state and local officials can be sued for monetary damages for violating a Plaintiff’s constitutional rights under color of authority. Color of authority is a fancy way of saying when the local official is acting in their official capacity. Thus, if an officer is wearing civilian clothing and punches you at a bar, he is not acting within his official capacity. But if he punches you while on duty and waring his uniform, he is.
Now, there is no constitutional right to be protected by police from danger. So how can a person frame a federal lawsuit against a local official claiming they failed to protect him from whatever injury they suffered?
Federal courts have held that the due process clause of the 5th and 14th amendment can provide grounds for a civil rights lawsuit under one of two theories:
This is the state created danger doctrine. A few case examples will be enough to illustrate how this doctrine traditionally works.
-- Jim Lockwood, lawyer and talk show host
should join in class action suits against Sanctuary cities.
See his argument outlined below:
-------------
The perfect case would be an individual who has been injured, within the last three years or less, from an illegal immigrant who had previously been arrested by local officials located in a sanctuary state or city.
.....
What follows is a legal argument which MIGHT succeed in holding local officials accountable for designating a city or state a sanctuary for illegal immigrants. I emphasize the word might, because to my knowledge, the below argument has never been made.
Attorney General Jeff Sessions is currently suing California in Federal court over state officials designating the state as a sanctuary state. This effort is bound to fail. Session’s argument is, local officials MUST enforce Federal law. Thus if an illegal immigrant is found to be present, local police departments MUST notify ICE.
However, the Supreme Court has ruled numerous times that local officials cannot be forced to enforce Federal law. I agree with this ruling. I do not want police officers to be turned into agents of the Federal government.
So how do we challenge the designation of a state or city as a sanctuary for illegal immigrants?
Under the Federal civil rights act 42 USC 1983 state and local officials can be sued for monetary damages for violating a Plaintiff’s constitutional rights under color of authority. Color of authority is a fancy way of saying when the local official is acting in their official capacity. Thus, if an officer is wearing civilian clothing and punches you at a bar, he is not acting within his official capacity. But if he punches you while on duty and waring his uniform, he is.
Now, there is no constitutional right to be protected by police from danger. So how can a person frame a federal lawsuit against a local official claiming they failed to protect him from whatever injury they suffered?
Federal courts have held that the due process clause of the 5th and 14th amendment can provide grounds for a civil rights lawsuit under one of two theories:
- The special relationship doctrine; and
- The state created danger doctrine.
This is the state created danger doctrine. A few case examples will be enough to illustrate how this doctrine traditionally works.
-- Jim Lockwood, lawyer and talk show host