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

Docket (PACER)

Her v. Yang

Oct. 6, 1999 Docket
1

Complaint for Damages; Demand for Jury Trial

Aug. 1, 1997 Complaint

Stipulated Consent Decree

Vang Her v. Brian Freeman

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 Press Release

Docket

Last updated May 13, 2022

ECF Number Description 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
2

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

Aug. 1, 1997

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

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
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
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
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
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
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
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
10

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

Sept. 24, 1997
11

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

Sept. 26, 1997
12

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

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

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
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
15

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

May 1, 1998

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

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

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
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

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

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
20

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

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
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
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
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
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
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
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
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
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
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
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
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
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
35

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

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
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
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
39

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

March 1, 1999
40

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

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
42

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

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
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
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

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

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
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
48

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

Aug. 27, 1999

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

Oct. 4, 1999
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

State / Territory: California

Case Type(s):

Policing

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