Russell Pearce Claims "Absolute Legislative Immunity" in False Arrest of Sal Reza

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Bigot-boy Pearce reckons he can do anything he wants, and skate...

Humiliated 12-point loser and ex-state Senate President Russell Pearce figures the rules don't apply to him. 

That's been a life-long pattern, from the shenanigans that got him fired from his post as head of the Arizona Department of Motor Vehicles to the sham candidacy of Olivia Cortes in last year's recall election, which somehow Pearce knew nothing about, even though his friends, family members and hard-core supporters put her on the ballot.

That's why it should life nary an eyebrow that the prejudiced Mesa pol is claiming in federal court that he has "absolute legislative immunity" for his involvement in the false arrest and imprisonment of Phoenix human rights activist Salvador Reza last year at the state Senate.

See, Reza is suing Pearce in federal court over the incident, which occurred February 24, 2011. Reza was going to visit state Senator Steve Gallardo, when he was stopped by the Senate's security detail, made up of two plainclothes officers from the Arizona Department of Public Safety.

The DPS officers informed Reza that he was banned from entering the building and must leave by order of state Senate President Pearce, who had blacklisted Reza, supposedly because Reza had been "disorderly and disruptive" a couple of days before as he and other activists watched a senate appropriations committee hearing. 

Actually, I was at that committee hearing, and Reza was not in the room. Instead, he and a large  group of activists had been relegated to another room in the senate, where they watched the proceedings via a large TV set. Apparently, some of the activists applauded at different times, but neither Reza nor the others there were asked to leave.

When Reza returned to the Senate on the 24th, this was somehow used to justify banning him from the building. Reza asked the DPS officers for documentation of Pearce's order, and the DPS duo promptly arrested Reza and a woman who was with him, shoving Reza's face against a glass wall in the process.

Reza was kept in a room in the senate for an hour, then transported to the Fourth Avenue Jail, putatively for "trespassing," and held in custody for five hours. The county attorney has never prosecuted him, and Reza has since filed his federal lawsuit with the help of civil rights attorney Stephen Montoya, a bulldog of the law if there ever was one.

In the complaint, Montoya alleges false arrest and imprisonment, and accuses Pearce and the DPS officers of violations of Reza's rights under the First and Fourteenth Amendments of the U.S. Constitution.

My favorite part of the complaint is where Montoya refers to Pearce as a "racist." Which he most definitely is. Read on:


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31 comments
Chad Snow
Chad Snow

Why does Pearce keep referring to himself as "Senate President Pearce" or even "Senator Pearce"?  He does so in these pleadings and all over his money grubbing B.A.N. website.  He should be referred to as nothing more than "Mr. Pearce".

ExpertShot
ExpertShot

Sal, remember that $50.00 I loaned you in 1985 so you could go to the Sun Dance Ceremonies in Mexico?  You always said that if you came into some money you'd pay me back.  I'm cool with that but, if you do win, could you pay that back someday?

LD19 Resident
LD19 Resident

I wonder how much money this latest abuse of power committed by Republicans will cost county taxpayers?

Junjun Arca Nazareno
Junjun Arca Nazareno

If he is found to be guilty of this lawsuit, I heard he was going to hide in Mexico.

Marcy
Marcy

Russell Pearce has long believed that laws should only apply to other people, preferably brown people.

Concerned Citizen / Taxpayer
Concerned Citizen / Taxpayer

"The DPS officers informed Reza that he was banned from entering the building "... and last week the CH 12 reporter was stopped from covering the hearing at the legislature. And this is America? With Arizona leading the way? The laughing stock of the world?

Concerned Citizen / Taxpayer
Concerned Citizen / Taxpayer

"The DPS officers informed Reza that he was banned from entering the building "... and last week the CH 12 reporter was stopped from covering the hearing at the legislator. And this is America?

Anon
Anon

russell pearce / arpaio / joel fox / hendershott / thomas / aubuchon / alexander / coughlin / high ground / CCA / GEO / Mayor Lord / illegal immigrants for $$'s - grow Arizona's "prison state" for more Federal $$'s from McCain / Kyle / trent Franks ---- all wrapped in the American flag and wearing a religious cross Christian or Mormon?? Who is going to survive all this hatred by the self-righteous among us?

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guest
guest

My way or the highway? Make him roadkill!

Uberconsumer
Uberconsumer

Sal Reza was the victim of a hate crime by Pearce and his henchmen. Hate Crime based on his race.  Let justice prevail and send Pearce to prison for his crimes.  Joe is next.  These men do not represent me or this state they only serve their own interest not the State's and not the tax payers of this state.

Amadeus332
Amadeus332

'
"MormonKahDaffy" aka Russell Pearce..A horse, a horse my KingDumb for a horse

Amadeus332
Amadeus332

Russell Pearce aka "MormonKahDaffy"......A horse, a horse, my KingDumb for a horse.....

Not Surprised, Again
Not Surprised, Again

Wow, the Rose Law Group seems to be pretty busy, defending two schmucks Pearce and Babeu at the same time. 

Dave K
Dave K

These Nazis think that they can deny
women their reproductive rights, limit their access to birth control, arrest
medical marijuana patients, take away all bargaining rights of public
employees, allow legislators to beat their women and claim that they can behave
as white supremacists with impunity.  If
we, the voters in Arizona,
do not change this in the next election we fully deserve this insanity.  I used to be proud to be from Arizona.  Now I am ashamed.  

85014
85014

Whatever is left in his re-election funds will be spent as payment for his defense and the monetary reward to Sal Reza. How poetic. I may drive to Mesa when Russ finally lands his first real job which is serving food from the Wendy's on S. Country Club just hear him say "you want fries with that?"

Coz
Coz

Pearce......Another nut case, just like his Uncle Bozo Joe Arpaio.

PeeOnT
PeeOnT

I got about 23 people to sign Pearse recall last summer....the proudest day in my whole, humble life! 

Jason Howard
Jason Howard

I have to say what I like most is the picture of this article. It is very funny and interesting. 

Tommy Collins
Tommy Collins

It sure seems to me the Rose kids are confusing sovereign immunity with legislative immunity. Either way, in my uneducated opinion, there is no legal basis for Mister Pearce to be released from the lawsuit as a defendant. He got caught with his hands in the cookie jar and now the lid's about to slam on him. This is just one more example of his bully personality tactics. Which is why the voters of Mesa fired his sorry self.

Nolan
Nolan

Glad to see that he still has to deal with all the corruption he dished out to everybody else. Hopefully he has years of hassle and headaches ahead of him.

LD19 Resident
LD19 Resident

Pearce doesn't even deserve the title Mr.

Anyways, Pearce very likely obtained his legal advice from Candy Andy, Aubuchon and Alexander. Hence the reason he applied his former title.

Gerry_C
Gerry_C

 Yes this is America and we are getting back to the Rule of Law.  Just ask king Russell.

Anon
Anon

May Sal Raza sue the Hell out of the state of Arizona!  It will finish their self-destruction of Arizona.

Anon
Anon

Russell Pearce needs to get off the public dole and get a real job -- which in Arizona is serving in a fast food restaurant.

Chucky
Chucky

Yes but only if it is out of Pearce's pocket..  That is the only way people like Pearce can be affected.   We don't need more taxpayer funded settlements..esp given the current state of the AZ fiscal house.   When Government has to pay (not the individual) a settlement there is no incentive for the individual to change behaviour....Joke Arpiehole has demonstrated this very well.

Native Guns
Native Guns

 Since I used to live in his district LD18. I was glad to have voted him out by voting for Jerry Lewis. That man is pure poison. The venom he spews is noxious and toxic. He needed to get the boot out of Mesa representation.

Gerry_C
Gerry_C

 Legislative immunity protects us from having our representative held up by law enforcement (executive branch) when the Legislature is in session.  If Governor Brewer did not want Senator Harold Biganus to vote for a bill that she did not like, she conceivably have the DPS pull him over for a chipped windshield and a safety inspection of his vehicle.  Hence we have a need for Legislative immunity while in session.  A legislative immunity also shields legislators from civil or criminal peril based on the way that vote on bills.  You can't sue Pearce for 1070.  However, you should be able to sue Pearce for discrimination that occurred by his hand.  The suit had to wait until the Senate was not in session or until Pearce was not in session.  He may have gotten parallel (opposite) advice from Andrew Thomas who has a distorted view of Judicial immunity.

There is more to it, but that should be the basics that pertain to this case.  If I have missed something or have something wrong, I invite correction from anybody. 

Anon
Anon

... a state that lacks vision for the future and has kept its people fighting for survival.

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