Anyone anti-SB 1070?

Prescott has offered to settle with me for a federal civil right lawsuit I brought for unlawful detention by the Prescott PD. But they're claiming the law isn't the law. This has SB 1070 implications and, being the good citizen I try to be, I was wondering if any attorneys might want to press the issue?

Specifically, A.R.S. § 13-2412 says in part "A person detained under this section shall state the person's true full name, but shall not be compelled to answer any other inquiry of a peace officer." Contrast this to SB 1070 which says, of a person detained, "a reasonable attempt shall be made, when practicable, to determine the immigration status of the person."

In my case, the cops seized me, telling me they were "detaining" me and wouldn't release me until I gave them more than my name. (We read the law together. All on tape.) I'm a white man, so they didn't ask me about my immigration status. But they could have.

After I said I would settle (but nothing signed yet) they changed their position and now are claiming that A.R.S. § 13-2412 doesn't apply!

That's not right. Any attorney interested in jumping in at this point? Perhaps you can get a written assurance about this from Prescott and set a little precedent about SB 1070 in federal court.

Discover is due in three weeks. I have most of the material already. Settlement talks scheduled for April 15. So you might get a payday then.

If interested, please leave a comment here (it wouldn't be public) with your law firm contact or call me at the number on the masthead of my pleadings. The case is CV 10 8013 in the Arizona District Court.