Tucson police officer's challenge that SB 1070 violated Latinos' rights dismissed
PHOENIX – Governor Jan Brewer today commended the U.S. Ninth Circuit Court of Appeals for affirming the Federal District Court’s dismissal of the challenge to SB 1070 that was filed by Tucson police officer Martin Escobar. In August 2010, Federal District Judge Susan Bolton dismissed the Escobar challenge for lack of standing.
“I am pleased with today’s decision by the Ninth Circuit affirming the dismissal of this case challenging SB 1070,” said Governor Brewer. “I’ll continue to defend the State of Arizona’s duty and obligation to protect the safety and welfare of its citizens.”
Escobar is a Tucson police officer who filed a lawsuit claiming that enforcement of SB 1070 would violate the rights of Latinos. He alleged that he may be subject to civil liability for violating the rights of others in enforcing the Arizona immigration law, and additionally asserted that he would be subject to discipline by his employer and potential civil lawsuits if he failed to enforce SB 1070. The Federal District Court dismissed Escobar’s case, a decision now affirmed by the Ninth Circuit Court of Appeals.
The Arizona Legislature enacted SB 1070 primarily to require that Arizona’s law enforcement officers cooperate in the enforcement of federal immigration laws. Special protections were included in the law to safeguard against racial profiling. SB 1070 was duly-passed by the Arizona Legislature and signed into law by Governor Brewer in order to protect the citizens of Arizona from the federal government’s failure to enforce the immigration laws
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