Russell Pearce Scores Lame Summary Judgment Against Sal Reza in Federal Court (w/Update)

Apparently, some people in this "overflow room" applauded and/or booed at certain points during the hearing. The suggestion that this was disruptive to the hearing taking place in a different room is ludicrous in the extreme.

At no time was the hearing interrupted, and as I sat in front row of the hearing chamber, I did not hear a peep from the room beyond, which was separated from the appropriations hearing room by a hallway.

Interestingly, in Burton's deposition, the officer testified that there were no disruptions in the Senate hearing room.

Read attorney Stephen Montoya's response to Pearce's motion for summary judgment.

When asked if he had to instruct Reza to be quiet that night, Burton replied, "No, not that I recall."

Indeed, if some people were being disruptive, why didn't Pearce, the Sergeant at Arms and Pearce's DPS flunkies simply remove the boisterous individuals at that time?

I'll tell you why, because this allegation of disruptiveness is bogus, an excuse for the shenanigans that followed.

Judge Martone even notes at one point that, "Five witnesses who observed the Senate hearing in the overflow room all testified that plaintiff did not engage in disruptive behavior."

And yet, Martone, an appointee of President George W. Bush, says that Pearce is entitled to "qualified immunity," even if it is "accepted as true that plaintiff was not disruptive."

Incredibly, Martone declares, "If plaintiff was mistakenly targeted as a disruptive member of the crowd, `that was unfortunate, but it did not violate the First Amendment.'"

Maybe the judge missed this little factoid: Reza was falsely arrested and imprisoned on February 24, 2011. The county attorney did not pursue charges against Reza from this arrest because Reza had done nothing wrong.

The judge seems clueless as to why this is more than just "unfortunate." Perhaps he's never been treated as Reza was that day. I suspect that if the same thing had happened to Martone, he'd sue faster than he can get that black robe on in the mornin'.

Martone practically sounds like Pearce's lawyer at one point, saying that Pearce genuinely believed Reza was one of the disruptive ones because Trapp and Burton had told him so.

"This belief," continued Martone, "coupled with the tense atmosphere at the Senate building on February 22, 2011, the arrest of protestors earlier in the day...as well as the shooting of 18 people at a political rally in Tucson, Arizona just six weeks earlier, provided an objectively reasonable basis for Pearce to conclude that action needed to be taken to protect and preserve safety and decorum in the Senate building."

Pffft. Pearce wasn't concerned about safety and decorum. He allowed legislators to pack heat in the Senate building, with one famously pointing her gun at a reporter. This, despite a state law banning weapons from the both the state House and Senate.

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17 comments
comrade
comrade

Corruption is rampant in this state, is like a virus and as long as the virus incubators, (the Old Fart Shurf. Pearce the mucus monster, gin brewsky,  etc,) are not dealt with, is going to continue spreading. Probably Pearce threw a padlock at the judge's groin  to convince him to rule in his favor.

This is  clearly a violation of the first ammendment and where is the indignation from those who refer so much to the Rule of Law?

wherewasi
wherewasi topcommenter

I am starting my lists for the next ballot.  When do I get to vote against retaining Martone as a judge?  Hopefully in 2014.

He is either a complete idiot or intentionally biased.

No ethical person could take the facts that Mr. Lemons has presented here and draw the conclusion that Russell was righteous.

Tommy_Collins
Tommy_Collins

I'm happy that Mr. Reza and Mr. Montoya have decided to appeal. I expect a panel of three judges will likely be able to see through the mush and understand the hate and vile actions of Mister Pearce, the disgraced former senate president. The only reason this lawsuit continues today is because we taxpayers are footing the bill to defend Mister Pearce. If not, it would have be settled out of court long ago, just as the lawsuit against Rob Haney was this past week.

The bottom line is that Mister Pearce ordered the two yahoos to violate Mr. Reza's right to freedom of movement and they used the authority of their positions to wrongfully arrest Mr. Reza. I'm sorry the judge doesn't seem to understand. Perhaps he is hoping for recognition by the former JP, huh?

robert_graham
robert_graham

The judge did the right thing to dismiss Mr. Reza's lawsuit.

Cozz
Cozz

Another perfect example of just how F-d up Arizona has gotten to be.

There is no such thing as justice in Arizona anymore, nothing but injustice for all to see.

Arizona sucks.

MotherJones
MotherJones

@wherewasi Nice sentiment. But he's a federal judge. They're appointed and serve for life.

But he's onl;y district court. 9th is where you play in the big leagues.

yodaddybitch
yodaddybitch

@JoeArpaioFan listen you little bitch, shut the fuck up, keep doing your job (sucking dick)

thats  A  L  L  you good for, by the way you do an incredible job,  do  you happened to have a sister or maybe momma can come and relief you.

robert_graham
robert_graham

@Cozz Fucked up? I hardly think so. What's fucked up is people like Reza who think they are above the law.  Now he should be deported.

Bnbk
Bnbk

@Cozz what the shit should we expect from a Bush suck up apointee ?

FuckRepublicans
FuckRepublicans

@MotherJones @wherewasi 

Martone has always been an asshole and not fit to judge anyone.

Tommy_Collins
Tommy_Collins

@JoeArpaioFan Mr. Reza is a U.S. citizen, born in the United States, and a veteran of the United States Air Force. How would that qualify him to be deported?

WHAT, if anything, have YOU done for our country, JAF? Perhaps you distribute red, white, and blue mayonaise on the burgers you hand to customers, eh?

If you've ever met Mr. Reza you would know that he is one of the quietest and nicest people you could ever meet. He feels strongly about certain issues, including immigration, but any 'demonstration' of his feelings is always passive.

Can you show us a DD-214 with your name on it?

robert_graham
robert_graham

@Bnbk Good for the judge. And next, the suit against Arpaio will be dismissed.

yodaddybitch
yodaddybitch

@Tommy_Collins hell no tommy she doesnt know what that means.

dont waste your time with dushebag asspaiofan, the only thing she can show you is her crack pipe.

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