United States of America v. State of California et al

Filing 98

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Law Enforcement Action Partnership (LEAP) (and associated parties). (Attachments: # 1 Exhibit Proposed Amici Curiae Brief, # 2 Proposed Order)(Geltzer, Joshua) Modified on 5/21/2018 (Benson, A.).

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JOSHUA A. GELTZER (DC #1018768)
MARY B. MCCORD (DC #427563)
DANIEL B. RICE (DC # 888273343)
INSTITUTE FOR CONSTITUTIONAL ADVOCACY AND PROTECTION
GEORGETOWN UNIVERSITY LAW CENTER
600 New Jersey Avenue NW
Washington, DC 20001
Phone: [phone]
Email: [e-mail]
MATTHEW J. PIERS (IL #2206161)
CHIRAG G. BADLANI (IL #6308523)
CARYN C. LEDERER (IL #6304495)
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
70 West Madison St., Suite 4000
Chicago, IL 60602
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Amici Curiae Current and Former Prosecutors and
Law Enforcement Leaders
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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THE UNITED STATES OF AMERICA,

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Plaintiff,

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v.
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THE STATE OF CALIFORNIA;
EDMUND GERALD BROWN JR.,
Governor of California, in his Official
Capacity; and XAVIER BECERRA,
Attorney General of California, in his
Official Capacity,
Defendants.

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Case No. 2:18-cv-00490 (JAM) (KJN)
UNOPPOSED MOTION BY AMICI
CURIAE CURRENT AND
FORMER PROSECUTORS AND
LAW ENFORCEMENT LEADERS
FOR LEAVE TO FILE AMICI
CURIAE BRIEF IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
Hearing Date: June 20, 2018
Hearing Time: 10:00 a.m.
Courtroom:
6
The Honorable John A. Mendez

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Case No. 2:18-cv-00490-JAM-KJN

UNOPPOSED MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF IN SUPPORT OF
DEFENDANTS’ OPP. TO MOTION FOR
PRELIMINARY INJUNCTION

Pursuant to the Court’s March 27, 2018 Minute Order (Dkt. No. 37), Proposed Amici

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Current and Former Prosecutors and Law Enforcement Leaders respectfully move this Court for
leave to file the attached amici curiae brief in support of Defendants’ Opposition to Plaintiff’s

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Motion for Preliminary Injunction. No party opposes the granting of this motion.

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Proposed Amici are a leading law enforcement organization and individual current and

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former prosecutors, police chiefs, and sheriffs from cities and counties throughout the country.

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Amici have extensive expertise in local law enforcement and in cooperative federal-state law

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enforcement activities. A full list of Proposed Amici is attached as Exhibit A to the proposed brief.

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District courts have broad discretion to appoint amici curiae. Hoptowit v. Ray, 682 F.2d

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1237, 1260 (9th Cir. 1982).1 Proposed Amici’s brief is both relevant and helpful to the Court. In

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their accompanying brief, Proposed Amici supplement Defendants’ Opposition to Plaintiff’s

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Motion for a Preliminary Injunction by drawing on their knowledge and experiences with local

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law enforcement practices and effective policing. In particular, proposed amici demonstrate that

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the preliminary injunction sought by Plaintiff will threaten public safety by undermining
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community policing efforts, decreasing reporting of crime and cooperation with police by

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immigrant communities, and forcing reallocation of limited resources from effective public safety

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efforts.

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Proposed Amici state that (a) there is no party or counsel for a party in the pending case

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who authored the amicus brief in whole or in part; (B) there is no party or counsel for a party in
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the pending case who contributed money that was intended to fund preparing or submitting the

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Abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995).

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Case No. 2:18-cv-00490-JAM-KJN

UNOPPOSED MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF IN SUPPORT OF
DEFENDANTS’ OPP. TO MOTION FOR
PRELIMINARY INJUNCTION

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brief; and (C) no person or entity contributed money that was intended to fund preparing or
submitting the brief.

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Proposed Amici respectfully request that this Court grant this motion, allow them to
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participate as amici curiae, and accept for filing the brief submitted with this motion.

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May 18, 2018

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Respectfully Submitted,
/s/ Joshua A. Geltzer

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Joshua A. Geltzer
Mary B. McCord
Daniel B. Rice
INSTITUTE FOR CONSTITUTIONAL ADVOCACY
AND PROTECTION
Georgetown University Law Center
600 New Jersey Avenue NW
Washington, DC 20001

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Matthew J. Piers
Chirag G. Badlani
Caryn C. Lederer
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
70 West Madison St., Suite 4000
Chicago, IL 60602
Phone: [phone]

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Counsel for Amici Curiae
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Case No. 2:18-cv-00490-JAM-KJN

UNOPPOSED MOTION FOR LEAVE TO FILE
AMICI CURIAE BRIEF IN SUPPORT OF
DEFENDANTS’ OPP. TO MOTION FOR
PRELIMINARY INJUNCTION

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of UNOPPOSED MOTION BY AMICI

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CURIAE CURRENT AND FORMER PROSECUTORS AND LAW ENFORCEMENT
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LEADERS FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF DEFENDANTS’

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OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION was served on

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May 18, 2018 via this Court’s ECF filing system, whereupon all counsel of record were served.

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/s/ Joshua A. Geltzer
Joshua A. Geltzer