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STURGEON v. BRATTON

No. B209913.

174 Cal.App.4th 1407 (2009)

HAROLD P. STURGEON, Plaintiff and Appellant, v. WILLIAM J. BRATTON et al., Defendants and Respondents; BREAK THE CYCLE et al., Interveners and Respondents.

Court of Appeals of California, Second District, Division Three.

June 17, 2009.

Attorney(s) appearing for the Case

Judicial Watch, Inc., and Sterling E. Norris for Plaintiff and Appellant.

Rockard J. Delgadillo, City Attorney, and Paul L. Winnemore, Deputy City Attorney, for Defendants and Respondents.

ACLU Foundation of Southern California, Hector O. Villagra, Belinda Escobosa Helzer, Mark Rosenbaum and Ahilan Arulanantham for Interveners and Respondents.

OPINION

CROSKEY, J. —

Special order 40 (SO40) is the policy of the Los Angeles Police Department (LAPD) governing interactions with illegal immigrants. It prohibits LAPD officers from initiating police action with the sole objective of discovering the immigration status of an individual, and arresting individuals for illegal entry into the United States. In 1987, this court upheld SO40 against a challenge that the mere questioning...

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