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:

  1. 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.


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