Constitutional Law

Dickinson Wright provides successful counsel to resolve myriad disputes arising under the United States Constitution and the Arizona Constitution. We represent states, governmental subdivisions (including counties, cities, towns, and special taxing districts), government officials, corporations, and individuals in diverse defenses of—and challenges to—legislation and government action. The firm prides itself on formulating innovative legal theories and advising our clients on the constitutional implications of new legislation.

We are a firm of trial lawyers—including former appellate court judicial law clerks—and are especially effective at crafting legal arguments addressing the constitutional principles in question. We handle numerous First Amendment cases involving the Freedom of Expression Clause, the Establishment Clause, the Freedom of Association Clause, and Freedom of Press, as well as analogous cases arising under the Arizona Constitution. We regularly represent governmental subdivisions and their employees in actions pursued pursuant to 42 U.S.C. §§ 1983 and 1985, and concomitant claims arising under the Fourth Amendment, Fifth Amendment, Eight Amendment, and Fourteenth Amendments to the United States Constitution.

Additionally, we also represent both governmental and non-governmental clients in matters involving the Arizona Constitution. Our substantial experience representing clients in litigating constitutional challenges involves actions in state court, federal court, federal courts of appeal, and the United States Supreme Court. Because of our extensive experience acting as advocates for our clients, we are well suited to counsel our governmental clients regarding the constitutionality of proposed actions and legislation, and to counsel our clients with an eye to effecting change prior to the commencement of litigation.

Representative Matters

• Successful appeal of decision to Arizona Supreme Court and United States Supreme Court involving a challenge to the constitutionality of car rental surcharge under the Dormant Commerce Clause and Article 9, § 14 of the Arizona Constitution.
• Successful appeal of decision to the United States Court of Appeals for the Ninth Circuit of First Amendment (free speech) claim against Arizona municipality.
• Successful defense in United States District Court against First Amendment (Establishment Clause) claims against Arizona municipality.
• Successful defense of Arizona municipality in connection with a challenge to car rental surcharge.
• Successful defense in United States District Court of Arizona municipality and its employees against Equal Protection and Due Process Claims.
• Successful defense of Arizona Attorney General against Equal Protection and Due Process claims.
• Successful defense of Arizona corrections officers against Eighth Amendment claims.
• Successful defense of investigating officers against Fourth Amendment and Fifth Amendment claims in United States District Court and Ninth Circuit Court of Appeals.
• Successfully defended and obtained dismissal of more than 50 cases brought under Title III of the Americans with Disabilities Act (“ADA”) in the United States District Court.
• Successful defense of state employees in United States District Court and Ninth Circuit Court of Appeals on various constitutional claims.
• Advised municipal clients extensively on Fifth Amendment regulatory takings issues.