Martinez et al v. City of Fremont et al

Filing 232

DECLARATORY JUDGMENT AND PERMANENT INJUNCTION. For the reasons set out in the Memorandum and Order (Filing No. 231 in Case No. 4:10cv3140 and Filing No. 219 in Case No. 8:10cv270) entered this day, 1. Declaratory Judgment is entered in favor of all Plaintiffs in Case No. 8:10cv270, and all Plaintiffs except ACLU Nebraska Foundation and United Food and Commercial Workers Union Local 22 in Case No. 4:10cv3140, as follows: a. Section 1, Part 2, Part 3.L., and Part 4.D., of Fremont Municipal Or dinance No. 5165, prohibiting the harboring of illegal aliens, providing for the revocation of occupancy licenses, and providing for certain penalties following the revocation of occupancy licenses, is declared void because those provisions are conf lict-preempted by the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., in general, and § 1324, specifically, with respect to harboring, and violate the Fair Housing Act, 42 U.S.C. § 3604;b. All Defendants are permanently enjo ined from taking any action to enforce Section 1, Part 2, Part 3.L., and Part 4.D., of the Ordinance; 2. All other claims of all Plaintiffs in Case No. 8:10cv270 and Case No. 4:10cv3140 are dismissed, with prejudice; and 3. Any motions for attorney fees and costs shall be filed pursuant to Fed. R. Civ. P. 54(d)(2) within fourteen days of the entry of this Judgment. Ordered by Chief Judge Laurie Smith Camp. (JB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FRED H. KELLER, JR., JUAN DOE,
and JUANA DOE #2,
Plaintiffs,
v.
CITY OF FREMONT, DALE
SHOTKOSKI, in his Official Capacity,
and TIMOTHY MULLEN, in his Official
Capacity,
Defendants.

MARIO MARTINEZ, JR., PAULA
MERCADO, MARTIN MERCADO,
JANE DOE, MARIA ROE, STEVEN
DAHL, ACLU NEBRASKA
FOUNDATION, UNITED FOOD AND
COMMERCIAL WORKERS UNION,
LOCAL 22, AND BLAKE HARPER,
Plaintiffs,
v.
CITY OF FREMONT; DALE
SHOTKOSKI, IN HIS OFFICIAL
CAPACITY AS FREMONT CITY
ATTORNEY; AND TIMOTHY
MULLEN, IN HIS OFFICIAL
CAPACITY AS FREMONT CHIEF OF
POLICE,
Defendants.

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CASE NO. 8:10CV270

DECLARATORY JUDGMENT
AND PERMANENT INJUNCTION

CASE NO. 4:10CV3140

DECLARATORY JUDGMENT
AND PERMANENT INJUNCTION

For the reasons set out in the Memorandum and Order entered this day,
1.

Declaratory Judgment is entered in favor of all Plaintiffs in Case No.
8:10cv270, and all Plaintiffs except ACLU Nebraska Foundation and United
Food and Commercial Workers Union Local 22 in Case No. 4:10cv3140, as
follows:

a. Section 1, Part 2, Part 3.L., and Part 4.D., of Fremont Municipal
Ordinance No. 5165, prohibiting the harboring of illegal aliens,
providing for the revocation of occupancy licenses, and providing for
certain penalties following the revocation of occupancy licenses, is
declared void because those provisions are conflict-preempted by the
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., in general,
and § 1324, specifically, with respect to “harboring,” and violate the
Fair Housing Act, 42 U.S.C. § 3604;
b. All Defendants are permanently enjoined from taking any action to
enforce Section 1, Part 2, Part 3.L., and Part 4.D., of the Ordinance;
2.

All other claims of all Plaintiffs in Case No. 8:10cv270 and Case No.
4:10cv3140 are dismissed, with prejudice; and

3.

Any motions for attorney fees and costs shall be filed pursuant to Fed. R. Civ.
P. 54(d)(2) within fourteen days of the entry of this Judgment.

.
DATED this 20th day of February, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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