University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name League of United Latin American Citizens v. Arizona IM-AZ-0017
Docket / Court 2:10-cv-1453 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Case Summary
On July 9, 2010, the League of United Latin American Citizens (LULAC) and a group of individuals filed suit against the state of Arizona, the governor, and several counties and county officials in Arizona, in the U.S. District Court of Arizona, District of Phoenix. The plaintiffs, represented by ... read more >
On July 9, 2010, the League of United Latin American Citizens (LULAC) and a group of individuals filed suit against the state of Arizona, the governor, and several counties and county officials in Arizona, in the U.S. District Court of Arizona, District of Phoenix. The plaintiffs, represented by public interest attorneys from the Center for Human Rights and Constitutional Law and LULAC, sought declaratory and injunctive relief, claiming that the recently enacted S.B. 1070 violated the Supremacy Clause of the U.S. Constitution, among other claims. Specifically, plaintiffs claimed that S.B. 1070 conflicted with federal law around immigration, both regarding unlawful entry and presence in the state. S.B. 1070 included a provision that requires, in the context of a lawful stop, the verification of an individual's immigration status where there is a "reasonable suspicion" that the individual is unlawfully present in the United States. The plaintiff claimed that the training materials provided to law enforcement to explain "reasonable suspicion" were vague and imprecise. Plaintiff claimed that enforcement of S.B. 1070 would cause substantial and irreparable harm to them.

On December 15, 2010, the court granted a Motion to Dismiss filed by the Governor and the State of Arizona. The claims against the state were dismissed with prejudice based on immunity, while the claims against the governor were dismissed for lack of standing.

On January 24, 2011, the plaintiffs filed an Amended Complaint, including the governor as a defendant but not the state.

On May 13, 2011, the court granted defendant governor's alternative request to stay the case until final rulings are issued in two related cases. Those cases are Friendly House v. Whiting and United States v. Arizona.

On June 25, 2012, the U.S. Supreme Court issued an opinion in the related case United States v. Arizona. The court affirmed the lower court rulings, holding that several provisions of S.B. 1070 were preempted by federal law. The court declined to strike down the provision of S.B. 1070 that requires state police officers to check the immigration status of individuals arrested under non-immigration related state law, but did not uphold the provision either.

Elizabeth Daligga - 06/25/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-basis
Language discrimination
National origin discrimination
Race discrimination
General
Language/ethnic/minority needs
Racial profiling
Immigration
Constitutional rights
Detention - criteria
Detention - procedures
Status/Classification
Undocumented immigrants - state and local regulation
National Origin/Ethnicity
Hispanic
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) Arizona Department of Public Safety
Governor of Arizona
Maricopa County
Pima County
Plaintiff Description Plaintiff is a civil rights organization and several individuals
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing IM-AZ-0016 : Friendly House v. Whiting (D. Ariz.)
IM-AZ-0015 : United States v. Arizona (D. Ariz.)
IM-AZ-0020 : Nat'l Coalition of Latino Clergy and Christian Leaders v. Arizona (D. Ariz.)
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:10-cv-1453 (D. Ariz.) 05/31/2012
IM-AZ-0017-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint for Declaratory and Injunctive Relief [Class Action] 01/24/2011
IM-AZ-0017-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/31/2012 (D. Ariz.)
IM-AZ-0017-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bolton, Susan Ritchie (D. Ariz.)
IM-AZ-0017-0002 | IM-AZ-0017-9000
Monitors/Masters None on record
Plaintiff's Lawyers Guajardo, T Anthony (Arizona)
IM-AZ-0017-0001 | IM-AZ-0017-9000
Holguín, Carlos R. (California)
IM-AZ-0017-9000
Schey, Peter A. (California)
IM-AZ-0017-0001 | IM-AZ-0017-9000
Velarde, Ray (Texas)
IM-AZ-0017-9000
Vera, Luis R. Jr. (Texas)
IM-AZ-0017-9000
Defendant's Lawyers Adams, Joseph G (Arizona)
IM-AZ-0017-9000
Bouma, John J (Arizona)
IM-AZ-0017-9000
Henry, Robert Arthur (Arizona)
IM-AZ-0017-9000
Jurkowitz, Daniel S. (Arizona)
IM-AZ-0017-9000
Kanefield, Joseph Andrew (Arizona)
IM-AZ-0017-9000
Kszywienski, Kelly Ann (Arizona)
IM-AZ-0017-9000
Liddy, Thomas P (Arizona)
IM-AZ-0017-9000
Longo, Anne Cecile (Arizona)
IM-AZ-0017-9000
Sciarrotta, Joseph Jr. (Arizona)
IM-AZ-0017-9000
White, Bruce P. (Arizona)
IM-AZ-0017-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -