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Third Lawsuit By The ACLU Against Coconino County Sheriff Jim Driscoll Dismissed

A third lawsuit filed against Coconino County Sheriff Jim Driscoll by the ACLU regarding Immigration and Customs Enforcement detainees, has been dismissed. Coconino County Superior Court Judge Mark Moran ruled Thursday the latest lawsuit lacked standing to bring action. The suit was filed by Jose Montelongo-Morales, claiming he was held unlawfully pursuant to an immigration detainer and a warrant for removal/detention. Subsequently, ICE withdrew the immigration detainer for Montelongo-Morales and after posting bond, he was released from custody. Because of that, he was no longer subject to the very policy he asked the court to declare unconstitutional. The Sheriff’s Department issued a statement Friday saying “this is the latest attempt to frustrate lawful enforcement of federal law” by the ACLU. A second lawsuit was dismissed last year, alleging the sheriff’s policy of holding pretrial detainees, at the request of Homeland Security through ICE was unlawful and violated the Fourth Amendment.