Salgado v. Brewer: A Cop's Lawsuit Against Arizona's New Immigration Law

8/9/2019 Salgado v. Brewer: A Cop's Lawsuit Against Arizona's New Immigration Law

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Stephen Montoya (#011791)Augustine B. Jimenez III (#012208)MONTOYA JIMENEZ,P.A.The Great American Tower3200 North Central Avenue, Ste. 2550Phoenix, Arizona 85012

(602) 256-6718(fax) [email protected]@abjlaw.com

Attorneys for Plaintiff

Richard M. Martinez (#7763)307 South Convent AvenueTucson, Arizona 85701(520) 327-4797(520) 320-9090 [email protected]

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

David Salgado,

plaintiff,

vs.

Jan Brewer, individually and in hercapacity as Governor of Arizona; andthe City of Phoenix, an Arizonamunicipal corporation,

defendants.

No.

COMPLAINT

(Declaratory Relief)

For his Complaint against Defendants, Plaintiff alleges the following:

1. This is an action seeking a declaration that the enforcement of the Support O

Law Enforcement and Safe Neighborhoods Act, Arizona Senate Bill 107

violates Plaintiffs rights under the Fourteenth Amendment to the Constitution

the United States and is preempted by, and conflicts with, the Immigration an

Nationality Act, 8 U.S.C. 1357(g), subsection 287(g).

2. Plaintiff asserts this action pursuant to the Civil Rights Act of 1871, 42 U.S.C

1983, and the Declaratory Judgment Act of 1934, 28 U.S.C. 2201.

Case 2:10-cv-00951-SRB Document 1 Filed 04/29/10 Page 1 of 7


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3. This Court has jurisdiction over this case under 28 U.S.C. 1331.

4. Venue is proper in the United States District Court for the District of Arizon

under 28 U.S.C. 1391(b).

5. Plaintiff David Salgado is a native-born citizen of the United States of Americ6. Mr. Salgado is Mexican in ancestry and race.

7. Mr. Salgado resides in Maricopa County, Arizona.

8. Mr. Salgado is employed as a full-time Patrol Officer for the Police Departme

of the City of Phoenix.

9. Mr. Salgado is certified to act as a law enforcement officer in the State of Arizon

by the Peace Officer Standards and Training Board of the State of Arizona.

10. Defendant Jan Brewer is the Governor of Arizona.

11. As Governor of Arizona, Governor Brewer has a legal obligation under th

Arizona Constitution to ensure that the laws of Arizona shall . . . be faithful

executed. See Ariz. Const. Article 5, 4.

12. The City of Phoenix is an Arizona municipal corporation that operates the Polic

Department of the City of Phoenix.

13. Acting in her official capacity as the Governor of Arizona, on April 23, 201

Governor Brewer elected to sign into law the Support Our Law Enforcement an

Safe Neighborhoods Act (the Act), Senate Bill 1070.

14. A true and correct copy of the Act is attached hereto as Exhibit A.

15. Had Governor Brewer exercised her right to veto the law, the Act would not hav

been enacted into law.

16. The Act compels all state law enforcement officersincluding Mr. Salgado

attempt to determine the immigration status of any person with whom the offic

makes any lawful contact when a reasonable suspicion exists that the perso

is an alien who is unlawfully present in the United States. SB 1070, 2

(emphasis added).

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17. The Act also authorizes all state law enforcement officersincluding Offic

Salgadoto arrest without a warrant any person whom the officer has probab

cause to believe . . . has committed any public offense that makes the perso

removable from the United States. SB 1070, 6A5 (emphasis added).18. The Act also creates a private enforcement mechanism by establishing a priva

right of action by any legal resident of Arizona against any law enforceme

officer or law enforcement agency that adopts or implements a policy or practic

that limits or restricts the enforcement of federal immigration laws to less than th

full extent permitted by federal law. SB 1070, 2, G.

19. Based on this language, the Act compels Arizona law enforceme

officersincluding Officer Salgadoto stop, interrogate, and detain individua

whom they reasonably suspect of being unlawfully present in the Unite

States.

20. In his capacity as a Phoenix Police Officer, Officer Salgado routinely interac

with individuals of Mexican and Latin-American ancestry throughout the City

Phoenix, many of these individuals are children and minors.

21. Many of the children and minors with whom Officer Salgado routinely interac

in his capacity as a Phoenix Police Officer are Latino in race, Mexican or Lat

American in national origin, speak little or no English, and do not have any for

of state or federal identification.

22. In fact, most children in Arizona do not have any form of state or feder

identification regardless of their race, ethnicity, or national origin.

23. Officer Salgado routinely interacts with such children and minors in and aroun

public schools in the City of Phoenix.

24. Officer Salgado reasonably suspects that some of these children are not lawfu

in the United States.

25. The government of the United States of America, acting through the Secreta

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of the Department of Homeland Security of the United States in accordance wi

8 U.S.C. 1357(g), subsection 287(g), has not authorized all of the la

enforcement officers employed by the Police Department of the City of Phoen

to enforce federal immigration law to the full extent permitted by federal law arequired by the Act.

26. Nor will every member of the City of Phoenix Police Departmentincluding Offic

Salgadoreceive training regarding the enforcement of federal immigration la

or obtain written certification of their receipt of such training as expressly require

by the Immigration and Nationality Act, 8 U.S.C. 1357(g), subsection 287(g

before the local law enforcement officer purports to enforce federal immigratio

law.

27. Nor will all of the members of the City of Phoenix Police Departmentincludin

Officer Salgadobe subject to the supervision of United States Immigration an

Customs Enforcement officers when engaged in the conduct mandated by th

Act, which violates the express requirements of the Immigration and Nationali

Act, 8 U.S.C. 1357(g), subsection 287(g).

28. Notwithstanding the fact that the Police Department of the City of Phoenix lack

the requisite authorization from the Department of Homeland Security of th

United States to enforce federal immigration law to the full extent permitted b

federal law, the Phoenix Police Department is already planning to prepare i

officersincluding Officer Salgadoto enforce federal immigration law under th

Act.

29. The Act is unlawful because it is preempted by, and conflicts with, 8 U.S.C

1357(g), subsection 287(g).

30. Absent a judicial declaration that the Act is lawful, Officer Salgado does n

intend to enforce the Act because he believes that he lacks the authority to do s

under the Immigration and Nationality Act, 8 U.S.C. 1357(g), subsection 287(g

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31. Correspondingly, absent a judicial declaration that the Act is lawful, Offic

Salgado does not intend to enforce the Act because he believes that in so doin

he would violate the rights of Latinos under the due process and equal protectio

clauses of the Fourteenth Amendment of the Constitution of the United Statebecause the Act will require him to use race as a primary factor in enforcing th

various provisions of the Act.

32. Similarly, absent a judicial declaration that the Act is lawful, Officer Salgado doe

not intend to enforce the Act as to school children and other minors because h

believes that in so doing he would violate the Supreme Court of the Unite

States ruling in Plyler v. Doe, 457 U.S. 202 (1982).

33. If Officer Salgado does not enforce the Act to the fullest extent permitted b

federal immigration law, he will be subject to discipline by Defendant City

Phoenix.

34. Similarly, if Officer Salgado does not enforce the Act to the fullest exte

permitted by federal law, he will be subject to costly lawsuits by private partie

under Section 2, G of the Act.

35. In order to be prepared to comply with the Act, Officer Salgado will be forced

expend his scarce time and resources in order to thoroughly familiarize himse

with the Acts requirements and the Acts complex interaction with feder

immigration law.

36. Officer Salgado is suffering increasing pressure from both individuals within th

Phoenix Police Department and from various political entities within and outsid

the State of Arizona to enforce the Act.

37. This pressure is chilling Officer Salgado from exercising his First Amendme

right to speak out against the Act as unlawful and discriminatory.

38. But for Governor Brewers signing the Act into law, Officer Salgado would not b

chilled from exercising his First Amendment rights and subject to the priva

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enforcement actions created by the Act.

39. Under these circumstances, Officer Salgado finds himself in a dilemma: if h

refuses to enforce the Act, he can be disciplined by his employer or subjected

costly private enforcement actions under the Act; conversely, if he enforces thAct, he can be subjected to costly civil actions alleging the deprivation of the civ

rights of the individual against whom he enforces the Act.

40. Accordingly, Officer Salgado requires this Courts prompt declaratory relief.

WHEREFORE, Plaintiff respectfully requests the Court to:

A. Issue a judgment declaring that the enforcement of the Act would viola

his rights under the laws of the United States, including the Civil Rights Act of 1871, 4

U.S.C. 1983;

B. Issue a judgment declaring that the Act is preempted by the Immigratio

and Nationality Act, 8 U.S.C. 1357(g), subsection 287(g);

C. Issue a judgment declaring that the Act unlawfully conflicts with the

Immigration and Nationality Act, 8 U.S.C. 1357(g), subsection 287(g);

D. Issue a judgment awarding Plaintiff his reasonable attorney fees again

Defendants, jointly and severally, pursuant to 42 U.S.C. 1988 and any other applicab

law; and

E. Issue a judgment awarding Plaintiff all other relief that is just and prope

under the circumstances.

Respectfully submitted this 29 day of April 2010.th

MONTOYA JIMENEZA Professional Association

s/ Stephen MontoyaStephen G. Montoya

Augustine B. Jimenez IIIRichard M. Martinez3200 North Central Avenue, Ste. 2550Phoenix, Arizona 85012-2490


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I hereby certify that on April 29, 2010, I electronically transmitted the foregoindocument to the Clerk of Court using the CM/ECF System for filing and transmittal a Notice of Electronic Filing.

s/ Stephen Montoya

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Case 2:10-cv-00951-SRB Document 1-1 Filed 04/29/10 Page 1 of 1


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Stephen Montoya (#011791)Augustine B. Jimenez III (#012208)Richard M. Martinez (#7763)

MONTOYAJIMENEZ,P.A.

The Great American Tower3200 North Central Avenue, Ste. 2550Phoenix, Arizona 85012(602) 256-6718(602) 256-6667 [email protected]@[email protected]




David Salgado,

Plaintiff,

vs.

Jan Brewer, individually and inher capacity as Governor ofArizona; and the City ofPhoenix, an Arizona municipal

corporation,

Defendants.

))))))))))

))))

No.

SUMMONS IN A CIVIL CASE

TO THE ABOVE-NAMED DEFENDANT: JAN BREWER

YOU ARE HEREBY SUMMONED and required to serve upon

Plaintiff's Attorneys:

Stephen MontoyaAugustine B. Jimenez IIIRichard M. Martinez

MONTOYAJIMENEZ,P.A.

3200 North Central, Suite 2550Phoenix, Arizona 85012(602) 256-6718

An answer to the complaint which is herewith served upon you,

within 21 days after service of this summons upon you, exclusive



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of the day of service. If you fail to do so, judgment by default

will be taken against you for the relief demanded in the

complaint. You must also file your answer with the Clerk of this

Court within a reasonable period of time after service.

DATED:

RICHARD H. WEARE, Clerk

ByDeputy Clerk

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Stephen Montoya (#011791)Augustine B. Jimenez III (#012208)Richard M. Martinez (#7763)

MONTOYAJIMENEZ,P.A.

The Great American Tower3200 North Central Avenue, Ste. 2550Phoenix, Arizona 85012(602) 256-6718(602) 256-6667 [email protected]@[email protected]




David Salgado,

Plaintiff,

vs.

Jan Brewer, individually and inher capacity as Governor ofArizona; and the City ofPhoenix, an Arizona municipal

corporation,

Defendants.

))))))))))

))))

No.

SUMMONS IN A CIVIL CASE

TO THE ABOVE-NAMED DEFENDANT: CITY OF PHOENIX

YOU ARE HEREBY SUMMONED and required to serve upon

Plaintiff's Attorneys:

Stephen MontoyaAugustine B. Jimenez IIIRichard M. Martinez

MONTOYAJIMENEZ,P.A.

3200 North Central, Suite 2550Phoenix, Arizona 85012(602) 256-6718

An answer to the complaint which is herewith served upon you,

within 21 days after service of this summons upon you, exclusive



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of the day of service. If you fail to do so, judgment by default

will be taken against you for the relief demanded in the

complaint. You must also file your answer with the Clerk of this

Court within a reasonable period of time after service.

DATED:

RICHARD H. WEARE, Clerk

ByDeputy Clerk


Documents

Salgado v. Brewer: A Cop's Lawsuit Against Arizona's New Immigration Law