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

Nor was Pearce so concerned with security that he had metal detectors installed at the senate doors. Though the general public is not supposed to be armed in the state Senate and House, nothing's in place to stop them from carrying concealed in that building, if they so desire.

Pearce's action against Reza had zip to do with maintaining order and decorum. Instead, it was all about retaliation against Reza, whom Pearce saw as the leader of the legions who had descended on the legislature in opposition to Pearce's continued jihad against Latinos.

Martone subtly signals that he knows Pearce's act was retaliation, but he's okay with that.

Take this passage from Martone's order, about an announcement Pearce made following Reza's banishment:

"Three weeks later, on March 14, 2011, Pearce notified the Senate of new rules concerning disruptions to Senate business. He explained that the first incident of disruption would result in a two-week exclusion from the Senate building. A second disruption would result in a 60 day exclusion, and finally a `pattern of disorderly or disruptive conduct' would result in an indefinite exclusion. There is no claim that plaintiff was denied access to the Senate building on any day other than February 24, 2011."

That last sentence is bewildering. Why would Reza return to the Senate building to be arrested again? Is Martone daft, or is he just some authoritarian tool who believes that politicians should have carte blanche to make up the rules as they go along, even if they trample on the rights of other?

Likely, it's the latter. By noting that Pearce announced a new set of rules regarding his unconstitutional blacklist three weeks after Reza's arrest, Martone indicates that he's aware Pearce had targeted Reza and only after the fact created the "rules" that Reza supposedly broke.

When I called him for a comment, Reza would only say that he and his attorney Stephen Montoya are considering an appeal, and that he believes the judge was wrong.

I'll second that last bit. In his order, Martone is saying that those in authority can act capriciously and with ill-intent against ordinary citizens without fear of accountability.

I'm sure Pearce will agree with the good judge.

Fortunately, the voters of the old Legislative District 18 were not of the same mind. One of the many reasons Pearce lost by double digits in 2011 to one of the nicest guys you'll ever meet, Jerry Lewis, is that voters saw Pearce as a mean, vindictive bully.

Which he is. As this incident and so many others Pearce's been involved in over the years have revealed.

In other words, Martone sided with the bully, but a more important judge rendered an entirely different verdict: the electorate.

Hell, the electorate did it all over again in 2012, denying Pearce a return to the state Senate in the GOP primary.

Thankfully, Martone has no say in those rulings. They both stand.

UPDATE 12/28/2012 10:23 P.M.:

I spoke with Reza's lawyer Stephen Montoya shortly after publishing this blog item. Montoya told me that he and Reza had just made the decision to go to the Ninth Circuit with the case, where Montoya says they have a "good chance" of overturning Martone's ruling.

"To Mr. Pearce, I offer congratulations on his win in district court," Montoya said. "And we'll see him in the appellate court."

Montoya, obviously, disagreed with Martone's order. He said this was a "textbook case" of violating someone's First Amendment rights, and that he was "eager" to appeal the summary judgement.


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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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