Today, a Federal Judge dismissed a lawsuit filed by, Salvador Reza, a well-known and vocal critic of former Arizona State Senate President Russell Pearce. Reza had claimed that then-President Pearce violated Reza’s civil rights.
The lawsuit alleged that Pearce illegally prevented Reza from entering the Arizona State Senate Building because of Reza’s Mexican ancestry or political viewpoint. Reza’s lawsuit also sought monetary damages as a result of Reza’s claim he was wrongfully arrested for trespassing, handcuffed, and transferred to the Maricopa County Jail where he remained for about five hours.
Pearce, however, explained to the Court that Senate staff identified Reza as a person who had engaged in disturbances during a Senate hearing on February 22, 2011. As Senate President, Pearce had an obligation to enforce the Senate’s rules and preserve order and decorum during hearings and that his order precluding disruptors – regardless of political viewpoint – was an appropriate exercise of his office.
Judge Martone agreed with Senator Pearce, dismissed Reza’s lawsuit, and ruled that there was no “evidence to support [Reza’s] claim that his rights were violated because of his Mexican ancestry or political viewpoint” and “. . . that Pearce acted in an objectively reasonable manner . . . “.
Brian Bergin, Head of the Litigation Department at RLG had this to say: “We are very pleased that the Court granted our Motion and dismissed the Plaintiff’s case. It is an appropriate result and properly confirms that the Senate President can take reasonable steps to preserve order and decorum in the Senate building. We are happy for Senator Pearce that the Court found he acted appropriately and that there was no evidence he took action against anyone as a consequence of their ethnic heritage or political affiliation. This ruling is a direct result of the hard work and great lawyering exhibited by Ken Frakes and Max Mahoney.”
