Tuesday, September 14, 2010
Ashcroft v.Iqbal Takes a Toll in SB 1070 Litigation
I earlier blogged that the U.S. Supreme Court in Ashcroft v. Iqbal has established a tough new pleading standard -- the plausibility standard. I said then that Latinos/as and other minorities would find it difficult to allege sufficient facts to state a plausible claim and thereby satisfy the new standard. This has come to pass in the SB 1070 cases. In Escobar v. Brewer, the plaintiff, a Latino police officer, alleged among other things, that he had standing to bring the legal action because "as a Hispanic residing in Arizona" he was "exposed to all the dangers that [SB 1070] presents." Despite this, the district court dismissed the case for failing to allege sufficient facts to state a plausible claim. The court's opinion is here: (http://azgovernor.gov/dms/upload/PR_083110_EscobarVsBrewerOrderGrantingBrewerMtD.pdf).
1 comment:
Nuestras Voces welcomes passionate and respectful commentary. The administrator will delete comments that insult or threaten other blog participants or that fall outside of the bounds of respectful discourse. Trolling, spamming and other annoying behaviors are strictly prohibited. In the rare event that your post has been deleted, do not post comments regarding that fact. Peace!
Subscribe to:
Post Comments (Atom)
In Escobar, the plaintiff is a police officer who has alleged SB 1070 has put him at risk for infringing upon the civil liberties of other Hispanics in Arizona, as well as other allegations. As a Hispanic citizen in AZ and a public official, it is clear to see how SB 1070 has affected Hispanics in their personal and professional lives. Professionally, SB 1070 could serve as a "glass ceiling" for Hispanic officers who are unable to fully enforce the letter of the law when they are themselves targets for heightened police scrutiny.
ReplyDelete