Phoenix lawyer David A. Rios has filed a lawsuit against the city of Phoenix, claiming the city’s policies and practices have made it difficult for him to practice law.
In the lawsuit filed Monday in U.S. District Court in Phoenix, Rios argues the city and the Phoenix Police Department are violating his rights by making it difficult to practice.
He also says his client’s case should be heard in federal court, where he could potentially obtain relief from the federal government.
Rios is seeking damages and attorney’s fees for the city, the Phoenix police department and its policies and procedures for determining eligibility for special education services.
The city of 10,000 has a special education law that gives children in its public schools, kindergarten through grade 12, special education.
That’s where Rios and other lawyers have specialized expertise in special education, including in special needs children.
In an earlier case against the Phoenix school district, he argued the law discriminates against people with special needs, who often need special education to thrive in schools.
In his lawsuit, Rias argues the law violates his right to free speech and to access to the law and to a fair and impartial jury.
He claims the Phoenix School District and the police department’s policies are discriminatory and have been implemented to make it difficult or impossible for him and other special education lawyers to represent clients.
Phoenix School District spokeswoman Tami Van Valkenburg said Monday she could not comment on pending litigation.