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LAPD Special Order 40 lawsuit dismissed
ABC-TV Los Angeles ^ | June 25, 2008 | Staff

Posted on 06/25/2008 12:04:18 PM PDT by La Enchiladita

LOS ANGELES (KABC) -- A judge dismissed a lawsuit challenging the LAPD's controversial Special Order 40, which directs officers not to ask arrestees about their immigration status.

The city of Los Angeles and the ACLU had asked the judge to dismiss the suit.

(Excerpt) Read more at abclocal.go.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; US: California
KEYWORDS: aclu; aliens; immigrantlist; judiciary; lapd; specialorder40; tonyvillar
A private citizen filed the suit against Special Order 40, calling it essentially a don't-ask-don't-tell policy for undocumented aliens.
1 posted on 06/25/2008 12:09:08 PM PDT by La Enchiladita
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To: La Enchiladita

Can a dismissal be appealed?


2 posted on 06/25/2008 12:11:35 PM PDT by John123 (Obambi said that he has been in 57 states. I will now light myself on fire...)
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To: La Enchiladita

Then they deserve the mess they’ve got with the gangs, destroyed neighborhoods, shootings and all the rest of the illegal alien cultural “benefits”...


3 posted on 06/25/2008 12:14:51 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: John123

So the illegal aliens have their own special laws ???

Are they asked for ID at all ???

Or do they get a pass ???


4 posted on 06/25/2008 12:14:53 PM PDT by Tennessee Nana
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To: La Enchiladita

More stench from the bench.


5 posted on 06/25/2008 12:16:29 PM PDT by xcamel (Being on the wrong track means the unintended consequences express train doesnt kill you going by)
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To: Czar

This is why they brought in a lib to be Chief of Police.
He’s their boy, amigo muy simpatico.
I intensely dislike Bratton.


6 posted on 06/25/2008 12:16:31 PM PDT by La Enchiladita (Special gringa in every way.)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


7 posted on 06/25/2008 12:17:06 PM PDT by gubamyster
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To: John123

We’ll have to let someone else answer that.
I do not know.


8 posted on 06/25/2008 12:17:07 PM PDT by La Enchiladita (Special gringa in every way.)
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To: HiJinx; SandRat; BurbankKarl; AuntB; Brad's Gramma

Surprising news....not.


9 posted on 06/25/2008 12:19:07 PM PDT by La Enchiladita (Special gringa in every way.)
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To: Czar

yeah but we have to deal with the mess here in arizona as soon as it spills over..... and we already have ennough problems here....


10 posted on 06/25/2008 12:21:03 PM PDT by Americanwolf (You don't believe we have been invaded by Mexico?! ask the rank and file Phoenix PD what they think!)
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To: John123

It depends on the judge’s ruling. If dismissed with prejudice, it cannot be appealed but those types of cases are usually when one person sues another as a harassing tactic.


11 posted on 06/25/2008 12:21:23 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: La Enchiladita; chicagolady; All

“The city of Los Angeles and the ACLU had asked the judge to dismiss the suit.”

Oh, I see, the powers that be have spoken, we don’t need no steenkin’ trial! Mayor Antonio and the ACLU, coming to a town near you!

Justice.....pfft!


12 posted on 06/25/2008 12:21:32 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: John123
Can a dismissal be appealed?

To who? The Ninth Circus Court of Appeals? They are off-the-scale left.

13 posted on 06/25/2008 12:21:55 PM PDT by SERKIT ("Blazing Saddles" explains it all.....)
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To: SERKIT

I’m thinking the SCOTUS...


14 posted on 06/25/2008 12:23:45 PM PDT by John123 (Obambi said that he has been in 57 states. I will now light myself on fire...)
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To: Blood of Tyrants
If dismissed with prejudice

What does prejudice mean when applied to a case?

15 posted on 06/25/2008 12:25:35 PM PDT by John123 (Obambi said that he has been in 57 states. I will now light myself on fire...)
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To: AuntB

Can hardly wait until Villar becomes a member of the Obama administration.


16 posted on 06/25/2008 12:25:35 PM PDT by La Enchiladita (Special gringa in every way.)
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To: La Enchiladita

The headline ought to be: “Mexico, Mexicans, put finishing touches on reconquest of Southern California” — Los Angeles is no longer an American city, it is a Third World hell hole.


17 posted on 06/25/2008 12:35:42 PM PDT by 3AngelaD (They screwed up their own countries so bad they had to leave, and now they're here screwing up ours)
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To: Czar

“Then they deserve the mess they’ve got with the gangs, destroyed neighborhoods, shootings and all the rest of the illegal alien cultural “benefits”...”

Have you ever lived in a community and watched it be transformed by ‘outsiders’ and all the protesting you did was meaningless? First Southern Oregon went the way of the Californians and ecofreaks moving in and bringing with them their liberal problems....same as the Mexican illegals.....move away from it, but drag it home to me. Then they instituted a bunch of liberal laws...Oregon health plan, etc. and the invasion really started. Now the illegals know it’s a sanctuary, and it’s full scale.

No, Czar, we don’t all deserve it, but like any culture that
has been driven from their home by people who think they deserve what you have, no one hears us. Not even in a court of law...equal justice for all? Well, some of us are more equal than others. The few who hear seem to have no power, but history is full of that problem.

Even if the court had been just and heard this case, and the plaintiff prevailed....who is to say the city of LA would do what the court said. And who would make them? The feds? LOL

In the early 1830’s some Cherokee Indians filed suit against Jackson and his Indian removal act. They prevailed in the US Supreme court which held the Indians had every right of any US citizen to their lands, that they were as equal as any sovereign state of the union. Jackson said if the SCOTUS wanted their edict enforced, he wasn’t going to do it. And we all know how that turned out, don’t we?

And yes, I do believe it’s gotten that bad again.

Some historians contend Congressman David Crockett’s political career ended because of his support for the Cherokee against President Jackson’s removal plans. Crockett explains his position in 1834:
“.......His famous, or rather I should say infamous, Indian bill was brought forward, and I opposed it from the purest motives in the world. Several of my colleagues got around me, and told me how well they loved me, and that I was ruining myself. They said this was a favourite measure of the president, and I ought to go for it. I told them I believed it was a wicked, unjust measure, and that I should go against it, let the cost to myself be what it might; that I was willing to go with General Jackson in everything that I believed was honest and right; but further than this I wouldn’t go for him, or any other man in the whole creation.
I voted against this Indian bill, and my conscience yet tells me that I gave a good honest vote, and that I believe will not make me ashamed in the day of judgment.”


18 posted on 06/25/2008 12:38:25 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: La Enchiladita

“Can hardly wait until Villar becomes a member of the Obama administration.”

Or the McCain Administration. He’d fit right in.


19 posted on 06/25/2008 12:41:10 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: La Enchiladita; llmc1; Virginia Ridgerunner; texastoo; jan in Colorado; wolfcreek; Brandie; ...

The worst part of this is that it got no national coverage, and Sharpton and Jackson, awol of course if it’s the real deal .

What a mess. Imagine how that mother who served in Iraq, feels about her son’s life being ‘dismissed.’


20 posted on 06/25/2008 12:44:40 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: AuntB

The whole damn episode, and the thousands of others just like it, is sickening.


21 posted on 06/25/2008 12:48:39 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: AuntB

John McCain should have been forced to call her and tell her that her son’s killer had NOT been deported.


22 posted on 06/25/2008 12:49:28 PM PDT by sheana
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To: La Enchiladita
I believe the private citizen is called Moore and he is running for Mayor of LA.

Good luck to him.

Doug MacIntyre on KABC has interviewed him a couple of times.

23 posted on 06/25/2008 12:55:49 PM PDT by Churchillspirit
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To: La Enchiladita

All Fed funding for both LA and the ACLU (yes, they get taxpayer dollars) should be cut off immediately.


24 posted on 06/25/2008 1:00:33 PM PDT by navyguy (Some days you are the pigeon, some days you are the statue.)
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To: 3AngelaD

My part of L.A., and many others, is not a 3rd world hellhole. Far from it. What is bad about this is the way our police are put in the position of essentially defying federal law. Our political problems are far worse than our cultural ones...so far.


25 posted on 06/25/2008 1:07:29 PM PDT by La Enchiladita (Special gringa in every way.)
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To: Churchillspirit

Thanks for that info. That would be Walter Moore.


26 posted on 06/25/2008 1:09:06 PM PDT by La Enchiladita (Special gringa in every way.)
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To: antceecee

Special ping.
I missed you on the first one:)


27 posted on 06/25/2008 1:18:20 PM PDT by La Enchiladita (Special gringa in every way.)
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To: AuntB

If you think it’s bad now ~ wait until the black messiah becomes president!

Wake Up America!!


28 posted on 06/25/2008 1:23:26 PM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: La Enchiladita

Who is the judge.


29 posted on 06/25/2008 1:29:49 PM PDT by Digger (If RINO is your selection, then failure is your election)
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To: blackie

Either way, we get the guy the media picked for us, won’t we?

I won’t vote for either of them. I refuse to be part of this ongoing farce.


30 posted on 06/25/2008 1:33:52 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: La Enchiladita

I got this this morning;

Prediction: Voters, Not Court, Will Throw Out Special Order 40
By Walter Moore, Candidate for Mayor of Los Angeles, WalterMooreForMayor.com

Today, the Daily News reports, a Superior Court judge will rule on the lawsuit challenging Special Order 40. Here’s my prediction, for what it’s worth:

The Court will not throw out Special Order 40.

In my opinion, federal law does not require cities to investigate and enforce immigration laws.

Rather, federal law merely prohibits cities from preventing their police from reporting immigration law violations to federal authorities. Special Order 40 does not prevent the LAPD from reporting violations of immigration law. Instead, Special Order 40 prevents our police from finding out about the violations in the first place.

Put another way, Special Order 40 says “Don’t Ask,” but it does not say “Don’t Tell.”

So don’t expect the Court to throw out Special Order 40.

And that, my friends, is one reason why we, the people, must elect a new Mayor. You see, the Mayor can amend or repeal Special Order 40 with the stroke of a pen. This is a problem we can solve in voting booth, if not the courtroom. We have the power to elect a Mayor who will make our city a sanctuary for law-abiding citizens, not gangs. If I am elected Mayor, I will revoke Special Order 40 in its entirety within the first 60 seconds I am in office.

Speaking of the stroke of a pen, this would be an excellent time for you to sign and send a check to the Committee to Elect Walter Moore. Let’s run the contribution number up as high as possible before the close of the current reporting period on June 30, so when the papers report on Villaraigosa’s total, we’ll have a nice total, too. Click here to take action.

Finally, please be sure to invite all your friends to the RALLY IN THE VALLEY, which is THIS SATURDAY AFTERNOON at CSUN. Click here for the details and to RSVP.


31 posted on 06/25/2008 1:59:15 PM PDT by Haddit (A Hunter Conservative)
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To: pissant

You want sickening? Go watch this. Takes less than 2 minutes. It’s the testimony of lawyer with Florida Atty. General’s office. This happened in Florida. Not newsworthy, evidently.

http://youtube.com/watch?v=TRGC4KCt2s0


32 posted on 06/25/2008 2:01:47 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: AuntB

Youtube is not playing for me. But the title of the video is disgusting. What happened?


33 posted on 06/25/2008 2:25:33 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Haddit

Well, he was wrong in his prediction....oooops:-)
Thanks for posting that.


34 posted on 06/25/2008 2:39:47 PM PDT by La Enchiladita (Special gringa in every way.)
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To: Digger; All
(snip)

Los Angeles Superior Court Judge Rolf M. Treu, granting a motion from the city and the ACLU, said the plaintiff failed to prove that "Special Order 40" was in conflict with federal laws that dictate the flow of information between local and federal agencies regarding people's immigration status.

(snip)

Judge throws out lawsuit against 'Special Order 40'(L.A. Times article)

35 posted on 06/25/2008 2:50:45 PM PDT by La Enchiladita (Special gringa in every way.)
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To: La Enchiladita

Just found out the private citizen’s name is Harold Sturgeon. See the linked L.A. Times article above this post.


36 posted on 06/25/2008 2:52:08 PM PDT by La Enchiladita (Special gringa in every way.)
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To: John123

Dismissed with prejudice means that the case cannot be appealed and cannot be filed again.

Here is a cool website giving legal definitions.

http://dictionary.law.com/


37 posted on 06/25/2008 2:56:21 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: AuntB
I agree. Both were picked by the media, and both are unacceptable. I have been reading stuff about John Sidney McCain's Vietnam experience.

On google "McCain" + "brainwashed" got 761,000 results, and "McCain" + "Manchurian Candidate" got 159,000 results.

38 posted on 06/25/2008 3:09:57 PM PDT by apocalypto
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To: AuntB

I’m voting for Dan Gurney. >:-}


39 posted on 06/25/2008 3:23:20 PM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: La Enchiladita
"I intensely dislike Bratton."

Every conservative I know despises this east coast liberal dipstick. He's so politically correct it's painful to watch.

As long as Villagairosa (aka Tony Villar or MechA Tony) and Bratton are around, as well as certain Council members, LA is done for.

40 posted on 06/25/2008 3:48:23 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Americanwolf
"...and we already have ennough problems here...."

Perhaps Senator McCain can help you. We all know what an anti-illegal alien/strong borders guy he is (sarc/off)

41 posted on 06/25/2008 3:52:41 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar

UGH!!!!!

You had to mention that name didn’t you.... I am ashamed that I have voted for the waffler in the past... and I am now faced with him being the lesser of two evils... where is my zoloft when I need it.


42 posted on 06/25/2008 4:01:55 PM PDT by Americanwolf (Sgt. Gene Clark... Returned to American soil after 58 years... bring 'em all home POW/MIA)
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To: AuntB
"No, Czar, we don’t all deserve it, but like any culture that has been driven from their home by people who think they deserve what you have, no one hears us. Not even in a court of law..."

And so we have the nub of the problem eloquently stated by you.

What it all comes down to is that we can no longer trust the federal government, the state government or local government. Inept, incompetent and corrupt, all they know is power and self-enrichment. Their dream is to institute everything they currently have on the agenda--SPP/NAU, Global Warming, substitution of an international rule of law, more outrageous SCOTUS decisions like CFR, Kelo and habeus corpus for foreign combatants. They want the voters completely under the government thumb, at all three levels, ruling every aspect of our lives, in the name of "the greater good".

" And yes, I do believe it’s gotten that bad again.

No question. These would-be fascists are playing with fire.

43 posted on 06/25/2008 4:11:27 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Americanwolf; AuntB; calcowgirl; B4Ranch; DoughtyOne; kellynla
...and I am now faced with him being the lesser of two evils..."

Several years ago I quite donating to the RNC, NRCC and NRSC, when it became apparent they were taking the Republican party to the left, so as to attract a larger number of voters--this was commonly called the "big tent" strategy, endorsed by such country club, silk sock wine-sippers as we have here in California (e.g., the "New Majority"). This crowd of wealthy pecksniffs has turned our once conservative party into a bland mush that stands for nothing, and is now run out of Washington by GOP Big Tent RINO Central (the RNC).

I am quite happy donating to individuals who are certified conservative, and I no longer feel compelled to employ the "least worse" method of voting. I detest Obama and dislike Captain McQueeg just about as much as is possible--I consider him an arrogant two-faced gasbag who cannot be trusted for a second. I intend to vote conservative on the down ticket, but for the first time ever it looks like I will not be voting for President unless I decide to write in Duncan Hunter, the only true conservative in the early race.

Don't feel bad. At least you have Sheriff Joe. You can't imagine what we have here in SoCal--so count your blessing(s)...

44 posted on 06/25/2008 4:29:49 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar

I agree with your two last posts here. We’re in a world of hurt here in California. When you get right down to it, a lot of our Conservative friends abandoned the state since the 80s. We’d be a lot better off if they would have stood their ground and helped us right the ship of state. Now it’s getting more difficult to do so.

What really angers me though, is the Republican party leadership in the state. It’s about as useful as a tenth tit.


45 posted on 06/25/2008 5:00:16 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: DoughtyOne
"What really angers me though, is the Republican party leadership in the state."

A total disgrace.

46 posted on 06/25/2008 5:11:15 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: Czar

Couldn’t agree more, as the steam rose from his ears.


47 posted on 06/25/2008 6:14:59 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: Blood of Tyrants

thanks man!


48 posted on 06/25/2008 6:18:57 PM PDT by John123 (Obambi said that he has been in 57 states. I will now light myself on fire...)
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To: pissant

http://youtube.com/watch?v=TRGC4KCt2s0

I’m afraid if I describe what this attorney in the Florida Attorney General’s office described the post will get pulled.

Try it again. Maybe I’ll transcribe it if you can’t see it and put on my blog.


49 posted on 06/25/2008 7:06:04 PM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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