Case: Her v. Freeman

2:97-cv-01413 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 1, 1997

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On August 1, 1997, attorneys from the ACLU of Northern California filed a civil rights action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of California on behalf the family of Vang Her, alleging police misconduct by Yuba County Sheriff's deputies. The Her family are Hmong, originally from Southeast Asia.Plaintiffs' complaint alleged that in the course of an investigation of a neighbor's complaint that Her's three-year old child fired a BB gun, Yuba…

On August 1, 1997, attorneys from the ACLU of Northern California filed a civil rights action pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of California on behalf the family of Vang Her, alleging police misconduct by Yuba County Sheriff's deputies. The Her family are Hmong, originally from Southeast Asia.

Plaintiffs' complaint alleged that in the course of an investigation of a neighbor's complaint that Her's three-year old child fired a BB gun, Yuba County deputies subjected the family to unconstitutional searches and seizures, denied their requests for a translator, detained the entire family, which included seven children, at the Sheriff's station and interrogated Hers' 10-year-old daughter in a police cruiser without parental consent. The complaint further alleged that in a subsequent incident, Sheriff's deputies appeared at the Her residence without warrants and rounded up the adult occupants for detention and transportation to the station. Plaintiffs also alleged that deputies went to the Her children's elementary schools and removed three Her children from class without the knowledge or consent of their parents. Deputies never located a BB gun and criminal charges were not lodged against anyone in the Her family.

On February 26, 1999, district court Chief Judge William B. Shubb granted defendants' motion for summary judgment in part and denied it in part. Claims against certain individual defendants were dismissed.

Thereafter, the parties reached a settlement of the case. On October 6, 1999, the court entered a consent judgment, which included the agreement that Yuba County adopt and enforce all General Orders drafted and modified by counsel for the parties, including new general orders pertaining to hate crimes, search and seizure, and detention of juveniles and that the County complete the translation of certain Yuba County Sheriff's Department written materials into the Hmong, Spanish, and Punjabi languages.

Summary Authors

Dan Dalton (12/28/2006)

People


Judge(s)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Crew, John (California)

Evans, Kelli M. (California)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Montgomery, Daniel George (California)

O'Brien, John M. (California)

Judge(s)

Shubb, William B. (California)

Attorneys(s) for Plaintiff

Crew, John (California)

Evans, Kelli M. (California)

Merin, Mark E. (California)

Attorneys(s) for Defendant

Montgomery, Daniel George (California)

O'Brien, John M. (California)

Documents in the Clearinghouse

Document

2:97-cv-01413

Docket (PACER)

Her v. Yang

Oct. 6, 1999

Oct. 6, 1999

Docket
1

2:97-cv-01413

Complaint for Damages; Demand for Jury Trial

Aug. 1, 1997

Aug. 1, 1997

Complaint

2:97-cv-01413

Stipulated Consent Decree

Vang Her v. Brian Freeman

Sept. 28, 1999

Sept. 28, 1999

Settlement Agreement

ACLU Announces Settlement in Hmong Family's Lawsuit Against Yuba County Sheriff's Dept.

Her v. Yuba County Sheriff's Dept.

No Court

Oct. 4, 1999

Oct. 4, 1999

Press Release

Resources

Docket

Last updated Aug. 13, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for damages; jury demand, fee status paid, receipt # 180021, assigned to Chief Judge William B. Shubb referred to Magistrate Judge Gregory G. Hollows (old) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

2

PETITION by plaintiff Vang Her for appointment of guardian ad litem (old) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

LODGED order approving petition for guardian ad litem (old) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

3

ORDER setting scheduling conference for 9:00 10/14/97 before Chief Judge William B. Shubb (cc: all counsel) (old) (Entered: 08/05/1997)

Aug. 1, 1997

Aug. 1, 1997

4

ORDER by Chief Judge William B. Shubb ORDERING lodged petition approving appointment of guardian ad litem [0-0] GRANTED; Vang Her appointed guardian ad litem for Bee Her, Joua Her, Song Her, Seng Her, Fue Her, Sheur Her, and Gaohly Her; Further ordered: Vang Her is authorized to employ an attorney to conduct litigation, and to pay attorney a reasonable fee as approved by Court (cc: all counsel) (old) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

5

PROOF OF SERVICE by plaintiffs of summons and complaint on Lieutenant Ron Johnson of the Yuba County Sheriff's Department (old) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

6

PROOF OF SERVICE by plaintiffs of summons and complaint on Theng Saechao, Deputy Sheriff of Yuba County (old) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

7

PROOF OF SERVICE by plaintiffs of summons and complaint on Mikeial K Williamsen, Deputy Sheriff of Yuba County (old) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

8

PROOF OF SERVICE by plaintiffs of summons and complaint on County of Yuba on 8/21/97 (old) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

9

ANSWER by defendants Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba; jury demand (old) (Entered: 09/11/1997)

Sept. 10, 1997

Sept. 10, 1997

10

ANSWER by dfts; jury demand (old) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

11

RETURN OF SERVICE executed upon defendant Brian Freeman on 9/18/97 (ndd) (Entered: 09/29/1997)

Sept. 26, 1997

Sept. 26, 1997

12

JOINT STATUS REPORT by pltfs and dfts (old) (Entered: 10/06/1997)

Oct. 3, 1997

Oct. 3, 1997

13

STATUS (PRETRIAL SCHEDULING) ORDER by Chief Judge William B. Shubb ORDERING that no further joinder of parties or amendments to pleadings is permitted except with leave of court; discovery ddl set for 6/1/98; motion hearing ddl set for 8/10/98; pretrial conference set for 10:00 9/21/98; trial set for 9:00 11/17/98 (cc: all counsel) (ndd) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

LODGED Substitution of Attorneys by defendants Theng Saechao, Ron Johnson, Mikeial K Williamsen, and County of Yuba (old) (Entered: 02/20/1998)

Feb. 18, 1998

Feb. 18, 1998

14

ORDER by Chief Judge William B. Shubb ORDERING withdrawing attorney John Michael O'Brien for County of Yuba and substituting attorney John Michael O'Brien (cc: all counsel) (old) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

15

DESIGNATION of expert witnesses by plaintiffs (old) (Entered: 05/04/1998)

May 1, 1998

May 1, 1998

LODGED Stipulation continuing pretrial conference and trial date by defendant (ch) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

16

ORDER by Chief Judge William B. Shubb ORDERING pretrial conference reset for 10:00 11/23/98; trial reset for 9:00 1/26/99 (cc: all counsel) (ndd) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

LODGED stipulation continuing non discovery law and motion cut-off date by defendants Ron Johnson, Mikeial K Williamsen, defendant County of Yuba (old) (Entered: 08/12/1998)

Aug. 10, 1998

Aug. 10, 1998

17

ORDER by Chief Judge William B. Shubb ORDERING Stipulation continuing non discovery law and motion cut off date to 11/2/98 is GRANTED motion filing ddl set for 11/2/98 (cc: all counsel) (ch) Modified on 08/13/1998 (Entered: 08/13/1998)

Aug. 13, 1998

Aug. 13, 1998

LODGED stipulation continuing pretrial conference and trial date by defendant (old) (Entered: 09/30/1998)

Sept. 29, 1998

Sept. 29, 1998

19

ORDER by Chief Judge William B. Shubb ORDERING pretrial conference RESET for 10:00 3/15/99; trial RESET for 9:00 5/11/99; discovery ddl satisfied on 10/1/98; motion filing deadline RESET for 2/1/99 (cc: all counsel) (as) (Entered: 10/01/1998)

Oct. 1, 1998

Oct. 1, 1998

20

STIPULATION extending non-discovery law and motion cut-off by dfts (old) (Entered: 01/12/1999)

Jan. 6, 1999

Jan. 6, 1999

21

NOTICE OF MOTION and MOTION for summary judgment by defendants , or, alternatively for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba motion TO BE HEARD by Judge William B. Shubb ; Motion Hearing Set For 2/22/99 1:30pm (ndd) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

22

MEMORANDUM OF POINTS AND AUTHORITIES by defendant in support of Motion for summary judgment [21-1] or alternatively, motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

23

SEPARATE STATEMENT of Undisputed Material Facts in support of dfts' Motion for summary judgment [21-1] or alternatively motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

24

DECLARATION of John M O'Brien in support of Motion for summary judgment [21-1] or alternatively motion for summary adjudication of issues [21-2] (ndd) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

25

PROOF OF SERVICE by defendant of [24-1], [23-1], [22-1], [21-1], [21-2] (ndd) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

26

DECLARATION of John M O'Brien in support of motion for summary judgment or alternatively, motion for summary adjudication of issues (old) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

27

STATEMENT by plaintiff Vang Her of undisputed material facts in support of motion for summary judgment [21-1] (old) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

28

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by plaintiffs to motion for summary judgment by defendants [21-1], to motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] (ch) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

29

APPENDIX by plaintiffs exhibits in opposition to dfts motion for summary judgment or alternatively motion for summary adjudication [28-1] (ch) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

30

STATEMENT by plaintiff of material facts in opposition to dfts motion for summary judgment or alternatively motion for summary adjudication of issues (ch) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

32

REPLY by defendants to response to motion for summary judgment by defendants [21-1], motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] (ch) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

33

DECLARATION of Ronald Johnson in support of dft motion for summary judgment or alternatively motion for summary adjudication of issues [21-1], [21-2] (ch) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

34

SUPPLEMENTAL declaration of John M O'Brien by defendants in support of motion for summary judgment or alternatively motion for summary adjudication of issues [26-1] (ch) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

35

PROOF OF SERVICE by defendant of [34-1], [33-1], [32-1] (ch) (Entered: 02/12/1999)

Feb. 11, 1999

Feb. 11, 1999

36

NOTICE by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba regarding the filing of original signature page to the declaration of Ronald Johnson [33-1] (as) (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

37

MINUTES of 2/22/99 before Chief Judge William B. Shubb motion for summary judgment by defendants [21-1] SUBMITTED, motion for summary adjudication of issues by dfts Brian Freeman, Theng Saechao, Ron Johnson, Mikeial K Williamsen, County of Yuba [21-2] SUBMITTED; order to be prepared by the court C/R Kelly O'Halloran (ch) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

38

ORDER by Chief Judge William B. Shubb ORDERING motion for summary judgment and summary adjudication by defendants [21-1] [21- 2] GRANTED on claims against dfts Ron Johnson Mikeial Williamsen and the claim against dft Yuba County and DENIED in all other respects party County of Yuba, party Mikeial K Williamsen, party Ron Johnson DISMISSED; (cc: all counsel) (ch) (Entered: 02/26/1999)

Feb. 26, 1999

Feb. 26, 1999

39

PRETRIAL STATEMENT from plaintiff (ch) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

40

PROOF OF SERVICE by plaintiff of [39-1] (ch) (Entered: 03/02/1999)

March 1, 1999

March 1, 1999

41

MINUTE ORDER jury trial reset for 9:00 5/25/99 (cc: all counsel) (ch) (Entered: 03/03/1999)

March 2, 1999

March 2, 1999

42

SEPARATE PRETRIAL STATEMENT from dfts Brian Freeman, Theng Saechao, County of Yuba (as) (Entered: 03/09/1999)

March 8, 1999

March 8, 1999

43

MINUTES of 3/15/99 before Chief Judge William B. Shubb pretrial conference held on 3/15/99 jury trial set for 9:00 5/25/99 settlement conference set for 2:00 3/26/99 before Judge Levi (ch) (Entered: 03/16/1999)

March 15, 1999

March 15, 1999

44

PRE-TRIAL ORDER approved by Chief Judge William B. Shubb ; settlement conference set for 10:00 3/26/99 ;jury trial set for 9:00 5/11/99; counsel for each party shall file trial briefs no later than 7 court days prior to trial; any objections or suggested modifications to this pretrial order shall be filed and served within 10 calendar days from the date of this order (cc: all counsel) (old) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

45

NOTICE by defendants Brian Freeman and Theng Saechao regarding the lodging of defendants' confidential settlement conference statement (old) (Entered: 03/24/1999)

March 23, 1999

March 23, 1999

LODGED stipulation and order extending trial date by defendant (ch) (Entered: 04/01/1999)

April 1, 1999

April 1, 1999

46

ORDER by Chief Judge William B. Shubb ORDERING stipulation and order extending trial date [0-0] GRANTED jury trial set for 9:00 9/21/99 (cc: all (ch) (Entered: 04/02/1999)

April 2, 1999

April 2, 1999

47

MINUTE ORDER jury trial set for 9/21/99 VACATED pursuant to a letter dated 8/25/99 from counsel Mark Merin the court has been advised the case has settled; the parties shall file dispositional documents by 10/1/99 (cc: all counsel) (ch) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

48

LETTER to court from counsel for plaintiff indicating the case has settled (ch) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

LODGED stipulated consent decree by defendants Brian Freeman, Theng Saechao, County of Yuba (as) (Entered: 10/05/1999)

Oct. 4, 1999

Oct. 4, 1999

49

CONSENT JUDGMENT by Chief Judge William B. Shubb ORDERED that the county shall immediately adopt and enforce all General Orders drafted and modified by counsel for the parties; the county shall complete the translation of certain Yuba County Sheriff's Dept written materials into the Hmong, Spanish and Punjabi languages no later than 6 months after the execution of Settlement Agreement (see judgment for details; CASE DISMISSED (cc: all counsel) (ndd) (Entered: 10/06/1999)

Oct. 6, 1999

Oct. 6, 1999

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 1, 1997

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of Yuba County alleging unlawful entering of their residence, illegally detaining, arresting and transporting them, illegally searching the residence and illegally removing them from school to transport them to Sheriff's facility for questioning

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Yuba County Sheriff's Department (Yuba), County

Yuba County (Yuba), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2002

Issues

General:

Racial profiling