Posted on 06/25/2008 1:51:28 PM PDT by radar101
LOS ANGELES -- A Los Angeles judge dismissed a taxpayer lawsuit Wednesday that sought to repeal a long-standing directive prohibiting Los Angeles police officers from asking arrestees about their immigration status.
Los Angeles Superior Court Judge Rolf M. Treu sided with the city and the American Civil Liberties Union, which claimed there were no triable issues raised in the suit. He heard arguments on the motion June 10 and had the case under submission since then.
Los Angeles resident Harold P. Sturgeon filed suit in May 2006 against police Chief William J. Bratton and members of the Police Commission, seeking to have Special Order 40 declared unlawful.
In court papers, Sturgeon's lawyers called Special Order 40 "essentially a 'Don't Ask, Don't Tell' policy regarding illegal aliens."
Sturgeon asked for a permanent injunction preventing taxpayer money from being used to enforce it. He and other critics said the 28-year-old mandate from the Los Angeles City Council hampers the LAPD's ability to exchange information with federal immigration officials.
The order is intended to avoid discouraging illegal immigrants from reporting crimes and assisting police.
In their court papers, lawyers for the City Attorney's Office maintained the directive does not prevent the LAPD from working closely with federal Immigration and Customs Enforcement officials.
"There is no evidence ... to show that ICE has ever complained that they have not had the assistance of LAPD, or that LAPD has not come when they are called," the city's court papers state.
In their court papers, ACLU lawyers maintained that Special Order 40 is consistent with federal law and not in conflict with it.
Paul J. Orfanedes of Judicial Watch Inc., one of Sturgeon's lawyers, maintains the order is a misapplication of his client's taxpayer dollars. He also contends the order is being applied in a broader way than the text of it allows.
Deputy City Attorney Vibiana M. Andrade said Sturgeon's lawyers have not shown any pattern of unconstitutional enforcement of Special Order 40.
Treu ruled in September 2006 that four groups that assist undocumented immigrants can intervene as defendants in the case. They are working with the City Attorney's Office to keep Special Order 40 on the books.
The ACLU of Southern California represents the four community groups: Break the Cycle; Los Jornaleros (The Day Laborers); El Comite de Jornaleros (The Committee of Day Laborers); and El Instituto de Educacion Popular del Sur de California (The Institute of Popular Education of Southern California).
ACLU attorney Hector O. Villagra said after the June 10 hearing that he was encouraged by the tenor of Treu's questions, many of which focused on conflicts in law and whether Sturgeon believes the order as a whole is unconstitutional, or only when applied in certain instances.
The lawsuit had been tentatively set to go to trial on Monday.
Last year, the Los Angeles City Council went on record against any future federal legislation that would force the Los Angeles Police Department to change its policy on identifying undocumented immigrants.
Debate over the issue was reignited earlier this year when Jamiel Shaw Jr., a high school football star, was killed -- allegedly by a reputed gang member who was in the country illegally. The suspect, Pedro Espinoza, had been released from county jail the day before the slaying.
Special Order 40 did not apply in that case because Espinoza's original arrest was outside the city of Los Angeles and he was housed in a Los Angeles County jail. However, the killing prompted Councilman Dennis Zine to introduce a motion to amend the policy, allowing police to investigate the immigration status of gang members they think may be in the country illegally, whether or not they are suspected of other crimes.
Los Angeles was the first major city to enact the Special Order 40 policy in 1979.
The press intentionally writes these things full of double negatives to fool people.
Heaven forbid the LAPD would actually ask a question that could uncover an ILLEGAL ALIEN.
I mean really. That would be to much like the RIGHT THING TO DO...............
In today’s America, were surrounded by traitors that desire to perpetuate and speed up the demise of this country.
A friend of mine went to Knotts Berry Farm last month and had on a tee-shirt that said “ WELCOME TO AMERICA WE SPEAK ENGLISH”. He thought he was going to get MUGGED, but all that happened was they told him to cover the shirt or leave as too many were taking offence to it, The guy that asked him to leave was named JUAN FERNANDEZ.
An update on this case. The father is receiving threats from gang bangers and spreading the rumor that Jamiel was a gang banger. This is one email:
http://www.youtube.com/comment_servlet?all_comments&v=kydG7a-oGFM
dekode29 has made a comment on Jamiel Shaw Sr. interview Pt. 1.
He was a rolling 20’s blood, 18 st is clicked with hoover gang in south los angeles, (an all black gang) so they have no case. NIGGER DESERVED TO DIE, his dad is making him seem like a hero and the killer look rascist. Gang shooting, end of story. I SWEAR TO GOD IMMA DO EVERYTHING POSSIBLE TO KILL THE DAD, UR STARTING A WAR UR GOING TO LOSE BY TRYING TO PASS A LAW NAMED AFTER A GANG MEMBER! NIIIIIIIIIIIIIIIIIIIIIGGGER! FUCK JAMIEL SHAW, HIS DEATH WILL LEAD TO MORE BLACK DEATHS CUZ OF THIS SHIT!!
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