Case: Arizona Contractors Assoc., Inc. v. Napolitano

2:07-cv-01355 | U.S. District Court for the District of Arizona

Filed Date: 2007

Clearinghouse coding in progress

Case Summary

This case is a consolidated action, consisting of two separately filed cases, that challenge the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act requires Arizona employers to verify the employment eligibility of each employee through a federal verification program and established sanctions against Arizona employers that employed aliens who are not authorized to work.The first case was filed on July 13, 2007 pursuant to 42 U.S.C. § 1983 in the U.S. Dist…

This case is a consolidated action, consisting of two separately filed cases, that challenge the constitutionality of the recently-enacted Legal Arizona Workers Act (the "Act"). The Act requires Arizona employers to verify the employment eligibility of each employee through a federal verification program and established sanctions against Arizona employers that employed aliens who are not authorized to work.

The first case was filed on July 13, 2007 pursuant to 42 U.S.C. § 1983 in the U.S. District Court for Arizona by a consortium of Arizona construction and business associations and advocacy groups. It was styled Arizona Contractors Association, Inc. v Napolitano, CV07-1355- PHX-NVW. The second case was filed on September 4, 2007 by the Mexican American Legal Defense and Educational Fund, the National Immigration Law Center, the ACLU Foundation Immigrants Rights Project and the Arizona ACLU. That case was styled Chicanos Por La Causa, Inc. v. Napolitano, CV07-1684-PHX-MHB.

The District Court (Judge Neil V. Wake) consolidated the cases on September 14, 2007.

Plaintiffs in the consolidated action alleged that the Act violated the Supremacy Clause of the U. S. Constitution, as it was preempted by federal immigration law and the federal government's exclusive authority to regulate immigration. Plaintiffs also asserted that the Act violated the due process rights of employers and workers. The Arizona Contractors plaintiffs also asserted violations of the Commerce Clause, the Fourth Amendment and the Arizona state constitution. Prior to consolidation, plaintiffs had requested a preliminary injunction in each case. Defendants moved to dismiss the cases.

On December 7, 2007, the District Court (Judge Neil V. Wake) dismissed the consolidated cases for lack of subject matter jurisdiction, finding that there was no justiciable case or controversy against the named defendants, as they did not have the power to enforce the challenged Act. The Court noted that only county attorneys had that power. Plaintiffs appealed the judgment of dismissal and sought an injunction pending appeal.

In the wake of the dismissal, the consolidated plaintiffs filed two new lawsuits, naming the county attorneys as defendants. Those cases appear at IM-AZ-10 and IM-AZ-11 of this collection.

On December 21, 2007 the Court denied plaintiffs' motion for an injunction pending appeal. On September 17, 2008, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's judgment.

On May 26, 2011, the U.S. Supreme Court affirmed the lower court ruling and upheld the Arizona law. The case was renamed Chamber of Commerce of the United States v. Whiting in the Supreme Court.

Summary Authors

Elizabeth Daligga (6/25/2012)

Related Cases

Chamber of Commerce of the United States v. Whiting, District of Arizona (2007)

Arizona Contractors Ass'n v. Candelaria, District of Arizona (2007)

Valle Del Sol Inc. v. Goddard, District of Arizona (2007)

People


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Smith, Norman (Georgia)

Sotomayor, Sonia (District of Columbia)

Wake, Neil Vincent (Arizona)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Campbell, Kristina Michelle (California)

Chang, Jennifer (California)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Smith, Norman (Georgia)

Sotomayor, Sonia (District of Columbia)

Wake, Neil Vincent (Arizona)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Berzon, Stephen P. (California)

Campbell, Kristina Michelle (California)

Chang, Jennifer (California)

Guizar, Monica T. (California)

Guttentag, Lucas (California)

Hincapie, Marielena (California)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Nunn-Gilman, Heidi (Arizona)

Pace, Julie A. (Arizona)

Pochoda, Daniel Joseph (Arizona)

Selden, David A. (Arizona)

Tumlin, Karen C. (California)

Valenzuela, Cynthia Ann (California)

Weissglass, Jonathan (California)

Attorneys(s) for Defendant

Jurkowitz, Daniel S. (Arizona)

King, Buckley (Arizona)

Munns, Christopher Arthur (Arizona)

O'Grady, Mary Ruth (Arizona)

Other Attorney(s)

Shen, Patrick P. (District of Columbia)

Documents in the Clearinghouse

Document

2:07-cv-01684

Docket (PACER)

Chicanos Por La Causa, Inc. v. Napolitano

Sept. 21, 2007

Sept. 21, 2007

Docket

2:07-cv-01355

Complaint

Arizona Contractors v. Napolitano

July 13, 2007

July 13, 2007

Complaint

2:07-cv-01355

Second Amended Complaint

Arizona Contractors v. Napolitano

Aug. 29, 2007

Aug. 29, 2007

Complaint

2:07-cv-01355

07-17272

Opinion [9th Circuit]

Chicanos por la Causa, Inc. v. Napolitano

U. S. Court of Appeals for the Ninth Circuit

Sept. 17, 2008

Sept. 17, 2008

Order/Opinion

Docket

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 1429209, filed by Chicanos Por La Causa. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Civil Cover Sheet # 4 Summons Napolitano# 5 Summons Goddard# 6 Summons Garriott)(Campbell, Kristina) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

This case has been assigned to the Honorable Michelle H. Burns. All future pleadings or documents should bear the correct case number: CIV-07-1684- PHX-MHB. (entered by HLA) (Entered: 09/05/2007)

Sept. 4, 2007

Sept. 4, 2007

3

Magistrate Election Form Deadline (Attachments: # 1 Magistrate Consent Form Instructions)(HLA) (Entered: 09/05/2007)

Sept. 4, 2007

Sept. 4, 2007

2

Summons Issued as to Janet Napolitano, Terry Goddard, and Gale Garriott. (Attachments: # 1 Summons Janet Napolitano # 2 Summons Terry Goddard) (HLA)*** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

4

NOTICE TO FILER OF DEFICIENCY re 1 Complaint, filed by Chicanos Por La Causa, Inc. Description of deficiency: The following parties were added in duplicate (twice): Janet Napolitano, Terry Goddard, and Gale Garriott. (HLA) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

9

MOTION for Admission Pro Hac Vice as to attorney Stephen P Berzon on behalf of plaintiffs Chicanos Por La Causa, Inc., and Somos America. (BAS, ) (Entered: 09/10/2007)

Sept. 5, 2007

Sept. 5, 2007

10

MOTION for Admission Pro Hac Vice as to attorney Jonathan Weissglass on behalf of plaintiffs Chicanos Por La Causa, Inc., and Somos America. (BAS, ) (Entered: 09/10/2007)

Sept. 5, 2007

Sept. 5, 2007

Notice of request for e-notices by David Selden seldend@ballardspahr.com. (Selden, David) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

6

Notice re of Service of Defendants' Motion to Transfer and Consolidate by Janet Napolitano, Terry Goddard, Gale Garriott (Attachments: # 1 # 2)(O'Grady, Mary) (Entered: 09/07/2007)

Sept. 7, 2007

Sept. 7, 2007

11

MOTION for Admission Pro Hac Vice as to attorney Omar Jadwat on behalf of plaintiffs Chicanos Por La Causa, Inc., and Somos America. (BAS, ) (Entered: 09/10/2007)

Sept. 7, 2007

Sept. 7, 2007

7

NOTICE of Appearance by Mary Ruth O'Grady on behalf of all defendants (O'Grady, Mary) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

8

NOTICE of Appearance by Christopher Arthur Munns on behalf of all defendants (Munns, Christopher) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX061975 as to Stephen P Berzon. (BAS, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX061976 as to Jonathan Weissglass. (BAS, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PRO HAC VICE FEE PAID. $ 100, receipt number PHX062042 as to Omar C Jadwat. (BAS, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

12

ORDER pursuant to General Order 05-25 granting 9 Motion for Admission Pro Hac Vice; granting 10 Motion for Admission Pro Hac Vice; granting 11 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

13

ORDER re 6 Defendants' Motion to Transfer and Consolidate. Hearing set for 9/14/2007 at 2:30 PM before Judge Neil V. Wake. Signed by Judge Neil V. Wake on 9/10/2007. (NVW, ) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

14

RESPONSE re 6 Other Notice Plaintiffs' Response to Defendants' Motion to Transfer and Consolidate Case by Plaintiffs Chicanos Por La Causa, Inc., Somos America. (Campbell, Kristina) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

15

Minute Entry. Proceedings held before Judge Neil V Wake : Scheduling Conference, re: preliminary injunction AND Motion Hearing, re: motion to consolidate held on 9/14/2007. The Motion to Consolidate Cases and Transfer is GRANTED and CV07-1684-PHX-MHB is consolidated into CV07-1355-PHX- NVW and transferred to this division, but Answers in each case are to be filed separately. (Court Reporter Laurie Adams.)(REW (Court Reporter Laurie Adams.)(REW, ) (Entered: 09/17/2007)

Sept. 14, 2007

Sept. 14, 2007

16

SUMMONS Returned Executed by Chicanos Por La Causa, Inc., Somos America. Janet Napolitano served on 9/6/2007. (Weissglass, Jonathan) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

17

SUMMONS Returned Executed by Chicanos Por La Causa, Inc., Somos America. Gale Garriott served on 9/6/2007. (Weissglass, Jonathan) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

18

SUMMONS Returned Executed by Chicanos Por La Causa, Inc., Somos America. Terry Goddard served on 9/6/2007. (Weissglass, Jonathan) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Consortium of Arizona construction and business associations and immigration advocacy groups.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

MALDEF

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arizona Attorney General, State

State of Arizona, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Employer sanctions

Employment

Undocumented immigrants - state and local regulation