KLEIN v. RONSTADT

No. 2 CA-CIV 5450.

149 Ariz. 123 (1986)

716 P.2d 1060

Frederick S. KLEIN, Plaintiff/Appellant, v. Chief Peter RONSTADT; Lt. Jim Davis, and the City of Tucson, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied April 8, 1986.


Attorney(s) appearing for the Case

Ann M. Haralambie, Tucson, for plaintiff/appellant.

Frederick S. Dean, Tucson City Atty. by R. William Call, Tucson, for defendants/appellees.


OPINION

HOWARD, Presiding Judge.

This was an action for declaratory and injunctive relief wherein appellant sought to enjoin the Tucson Police Department from initiating sobriety check points. The case was heard by the trial court, sitting without a jury. The evidence at trial disclosed that appellant had never been stopped at a sobriety check point, does not drive while he is under the influence of alcohol and is not a resident of the City of Tucson. He asserted...

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