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AG wants federal government added to lawsuit

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Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.

Zoeller said the federal government is a necessary party for the legal arguments in the suit, Buquer, et al. v. City of Indianapolis, et al., No. 1:11-CV-708, filed in May on behalf of plaintiffs who say Senate Enrolled Act 590, now Public Law 171-2011, will allow police to wrongly arrest people and penalize immigrants for using their consular identification cards.  Without the U.S.’s involvement, Indiana is subject to a substantial risk of inconsistent or multiple judgments based upon the potential for future litigation by the federal government regarding the same matters, Zoeller wrote in the motion to join a necessary party.

Judge Sarah Evans Barker in the Southern District of Indiana granted the plaintiffs’ motion for a preliminary injunction in June, blocking the enforcement of two provisions: one that deals with arrests of illegal immigrants subject to immigration court removal orders; the other prohibiting the use of foreign consular identification cards as ID in Indiana. The plaintiffs have also filed a motion for a permanent injunction. Zoeller decided not to appeal the preliminary ruling.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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