Governor files motion to dismiss Tucson officer's lawsuit to block SB1070

Posted: Updated:

PHOENIX -- Gov. Jan Brewer has launched her defense against a lawsuit over Arizona's new anti-illegal-immigration law filed by a Tucson police officer.

Officer Martin Escobar's suit claims that the new law -- SB 1070 -- violates numerous constitutional rights and could hinder police investigations in areas that are predominantly Hispanic.

Brewer yesterday files a motion to dismiss Escobar's suit, which is one of several challenging the new law that goes into effect in about a month.

"I have moved to dismiss the plaintiff's challenges in this lawsuit on the grounds that he lacks standing to pursue his claims and has failed to establish any real and immediate threat of harm," Brewer said in a news release.

“My motion to dismiss also establishes that the plaintiff's other claims, including the allegation that federal law preempts certain provisions of Arizona’s immigration law, are equally without merit and reflect a fundamental misunderstanding by the plaintiff with respect to the language of Arizona’s immigration law in addition to well-established law in this area. For these reasons, I have asked the federal court to dismiss this lawsuit in its entirety.”

Escobar filed his suit in late April, shortly after Brewer signed SB 1070 into law. It was the first legal challenge to the law. The city of Tucson later joined the lawsuit in hopes of blocking implementation of the law.