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Case: Kincaid v. City of Fresno

1:06-cv-01445 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 17, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

Starting in 2005 and continuing for more than a year, the City of Fresno, CA had a policy of immediately seizing and destroying on the spot the personal possessions of homeless individuals during sweeps conducted by the City of Fresno Police Department and City of Fresno Sanitation Department. The City used large compactors to immediately crush the seized possessions. These sweeps were all conducted without warrants and were intended to remove homeless persons, their encampments, and their prop…

Starting in 2005 and continuing for more than a year, the City of Fresno, CA had a policy of immediately seizing and destroying on the spot the personal possessions of homeless individuals during sweeps conducted by the City of Fresno Police Department and City of Fresno Sanitation Department. The City used large compactors to immediately crush the seized possessions. These sweeps were all conducted without warrants and were intended to remove homeless persons, their encampments, and their property from both public and privately owned locations within Fresno, including repeated sweeps on land owned by California Department of Transportation (Caltrans).

Several homeless individuals who had been affected by the policy filed a class-action lawsuit on behalf of themselves and others similarly situated against the City of Fresno, Caltrans, and related officials. The suit was filed in the United States District Court for the Eastern District of California on October 17, 2006. The plaintiffs were represented by attorneys from the ACLU of Northern California, the Lawyers' Committee for Civil Rights, and private counsel. The named plaintiffs had lost possessions to these sweeps, including items critical to their survival such as medication, tents, blankets, and personal documents and records, as well as other irreplaceable items such as photographs and in one instance the ashes of a deceased relative. The plaintiffs alleged that these sweeps, often conducted without any notice, were raids that had the purpose and effect of harassing and removing homeless individuals.

Plaintiffs argued that the sweeps constituted unlawful takings, in violation of the Fifth Amendment, and also violated the Fourth Amendment ban on unreasonable searches and seizures, and their Fourteenth Amendment due process and equal protection rights, 42 U.S.C § 1983, and California statutory and constitutional law. Plaintiffs sought temporary restraining orders and preliminary injunctions enjoining Fresno from conducting the sweeps, a permanent injunction preventing the practice, and a judgment declaring the sweeps and the destruction of the Plaintiffs' property unlawful. They also sought the return of whatever property had not been destroyed, damages of no less than $4000 per incident, punitive and exemplary damages, and attorneys' fees and costs.

The plaintiffs filed a motion for a temporary restraining order on the same day as their complaint. On October 25, the Court (Judge Oliver W. Wanger) granted a restraining order until hearing on the issue of a preliminary injunction could be held. He found that the City had violated the plaintiffs' Fourth, Fifth, and Fourteenth Amendment rights and the equivalent provisions of the Constitution of California. He held therefore that the Plaintiffs' case had a strong likelihood of winning on its merits. The Judge recognized that between 4,400 and 8,800 residents of Fresno, or one to two percent of the City's population, were homeless, and shelter was available for only about 1.4% percent of these individuals, and that despite the City's arguments to the contrary, the existence of shelters did not justify the confiscation of property belonging to homeless persons camping in public. Kincaid v. City of Fresno, 2006 WL 3542732 (W.D. Cal. 2007).

On December 8, 2006, the Court ordered a preliminary injunction, enjoining the City from conducting sweeps that would result in the seizure and destruction of private property without first giving constitutionally adequate written notice of the pending sweep, seizure, and destruction, and a meaningful opportunity for individuals to be heard and to retrieve property prior to its destruction. Kincaid v. City of Fresno, 244 F.R.D. 597 (W.D. Cal. 2007).

On January 12, 2007, the Director of Caltrans, named as a defendant in his official capacity, filed a motion for the claims against her to be dismissed for, among other things, lack of jurisdiction. The Court denied this on March 19, 2007. Kincaid v. City of Fresno, 2007 WL 833058 (W.D. Cal. 2007). This was followed by several months of discovery. On August 14, 2007, the Court certified the class. Kinkaid v. City of Fresno, 244 F.R.D. 597 (N.D. Cal. 2008).

On April 25, 2008, during oral argument Judge Oliver W. Wanger declared that the City's "practice of announce, strike, seize [and] destroy immediately is against the law."

On May 12, 2008 the court issued two opinions, one of which denied various motions for summary judgment filed by both parties on a number of issues, and granted summary judgment in favor of two of the individual defendants in regard to State law claims against them for money damages. The substantial claims of the case were not decided in this opinion. Kinkaid v. City of Fresno, 2008 WL 2038386 (N.D. Cal. 2008). The other May 12 opinion granted in part and denied in part another motion for summary judgment filed by the Plaintiffs against the City defendant, holding that the City of Fresno's raids were unlawful, that any seizure and immediate destruction of property proven at trial would be held to be a violation of the Fourth and Fourteenth Amendments, and that State law established a private right of action against the City with respect to the State law claims. Kinkaid v. City of Fresno, 2008 WL 2038390 (N.D. Cal. 2008).

On July 25, 2008, the Court approved a class-action settlement negotiated by the parties. According to the settlement, the City of Fresno would post written notice at least three days prior to any future sweeps that would involve the removal of personal property, and will store any items of apparent value for ninety days so that might be reclaimed. Caltrans also agreed to comply with the legal principles set forth in the court's preliminary injunction throughout the state.

The Settlement divided the the class members into five subgroups, based on the value of their seized property, whether they were victims of repeated unconstitutional sweeps, whether they were present when the sweeps occurred and actively prevented from reclaiming their property, whether they suffered severe emotional distress or hardship as a result of the sweeps, and other factors.

The City of Fresno agreed to pay $1,000,000 into a Housing Allowance Fund. This fund was established to assist the lawsuit's class members with expenses related to housing, such as security deposits, first and last months rent, or rent payments, or to aid in the purchase a vehicle or medical care. Only members of the third, fourth, and fifth sub-classes would receive assistance from this fund, in amounts of $1500, $3500, or $9000.

The City also agreed to set aside $400,000 in a separate Cash Fund to compensate individuals who suffered the unconstitutional seizure of property. The settlement established a system for filing claims, accounting for the number of times claimants were subjected to the illegal sweeps and their value of the seized property. The minimum and maximum values for claims was $500 and $5000, depending on which sub-class to which the claimant belonged. Claimants could make multiple claims. Caltrans agreed to pay $85,000 into this cash fund.

The City of Fresno agreed to pay $850,000 in legal and costs fees to Plaintiffs, and Caltrans agreed to pay $85,000 of the Plaintiffs fees and costs.

At the time of the most recent report from the Settlement Administrator, March 8, 2012, there was just over $80,000 remaining in the two funds. Administrative costs were keep very low during the life of the settlement, and the funds were effectively distributed to the claimants.

The Court retained jurisdiction over the case for five years in order to assure compliance with the terms of the settlement agreement. The settlement ended in 2013, and the case is now closed.

Summary Authors

Alex Colbert-Taylor (7/1/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4158706/parties/kincaid-v-city-of-fresno/


Judge(s)

Oberto, Sheila K. (California)

O'Neill, Lawrence Joseph (California)

Snyder, Sandra M. (California)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Alexander, Paul (California)

Lloyd, Eric M (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Bassi, Navtej Singh (California)

Beals, Ronald (California)

Behrens, Bruce A. (California)

Judge(s)

Oberto, Sheila K. (California)

O'Neill, Lawrence Joseph (California)

Snyder, Sandra M. (California)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Alexander, Paul (California)

Lloyd, Eric M (California)

Risher , Michael Temple (California)

Attorneys(s) for Defendant

Bassi, Navtej Singh (California)

Beals, Ronald (California)

Behrens, Bruce A. (California)

Betts, James B (California)

Fellenz, Thomas C. (California)

Harris, David Paul (California)

Kanne, Francine (California)

McNulty, Cheryl D. (California)

Sanchez, James (California)

Documents in the Clearinghouse

Document

1:06-cv-01445

Docket

Kincaid et al. v. City of Fresno et al.

Oct. 17, 2006

Oct. 17, 2006

Docket

Re: Temporary Restraining Order

No Court

Oct. 16, 2006

Oct. 16, 2006

Correspondence

Re: Temporary Restraining Order

No Court

Oct. 16, 2006

Oct. 16, 2006

Correspondence
3

1:06-cv-01445

Combined Motion for Temporary Restraining Order and Preliminary Injunction

Oct. 17, 2006

Oct. 17, 2006

Pleading / Motion / Brief
1

1:06-cv-01445

Complaint for Declaratory and Injunctive Relief

Oct. 17, 2006

Oct. 17, 2006

Complaint

1:06-cv-01445

Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order and for Order to Show Cause Re Issuance of a Preliminary Injunction

Oct. 17, 2006

Oct. 17, 2006

Pleading / Motion / Brief
34

1:06-cv-01445

Statement of Decision Re: Plaintiffs' Application for Temporary Restraining Order

Oct. 24, 2006

Oct. 24, 2006

Order/Opinion
36

1:06-cv-01445

Temporary Restraining Order and Order Re Preliminary Injunction Hearing

Oct. 25, 2006

Oct. 25, 2006

Order/Opinion

1:06-cv-01445

Plaintiff's Reply Brief in Support of Motion for Preliminary Injunction

Nov. 7, 2006

Nov. 7, 2006

Pleading / Motion / Brief
91

1:06-cv-01445

Statement of Decision and Findings Re: Plaintiffs' Application for a Preliminary Injunction

Dec. 8, 2006

Dec. 8, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158706/kincaid-v-city-of-fresno/

Last updated Nov. 25, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief and for Damages against all defendants by Pamela Kincaid. Attorney Alexander, Paul added. (Attachments: # 1 Exhibit)(Alexander, Paul) (Entered: 10/17/2006)

1 Exhibit

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Oct. 17, 2006

Oct. 17, 2006

PACER
2

CIVIL COVER SHEET by Pamela Kincaid (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
3

MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
4

MEMORANDUM/RESPONSE in SUPPORT re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. Memorandum of Points and Authorities in Support of Motion for Temporary Restraining Order and for Order to Show Cause re Issuance of a Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
5

DECLARATION of Charlene Clay in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
6

DECLARATION of Doug Deatherage in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
7

DECLARATION of Joanna Garcia in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
8

DECLARATION of Cynthia Greene in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
9

DECLARATION of Randy Johnson in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
10

DECLARATION of Pamela Kincaid in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
11

DECLARATION of Pamela Streeter in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
12

DECLARATION of Samuel Vizcarrondo in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
13

DECLARATION of Tracy Williams in Support of. Motion for Temporary Restraining Order and Preliminary Injunction (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
14

DECLARATION of Michael Rhodes in Support of re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. (Attachments: # 1 Appendix # 2 Appendix # 3 Appendix # 4 Appendix # 5 Appendix # 6 Appendix # 7 Appendix)(Alexander, Paul) (Entered: 10/17/2006)

1 Appendix

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2 Appendix

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3 Appendix

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4 Appendix

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5 Appendix

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6 Appendix

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7 Appendix

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Oct. 17, 2006

Oct. 17, 2006

PACER
15

DECLARATION of Liza Apper in Support of re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
16

NOTICE by all plaintiffs re 3 MOTION for TEMPORARY RESTRAINING ORDER and Preliminary Injunction. Attorney Alexander, Paul added. Temporary Restraining Order Checklist (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
17

NOTICE by all plaintiffs. Certificate of Counsel re Notice (Fed. R. Civ. 65(b)) (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
18

PROPOSED ORDER Proposed Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by Pamela Kincaid. (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
19

CERTIFICATE of SERVICE by Pamela Kincaid. Proof of Service (Alexander, Paul) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
21

SUMMONS ISSUED as to *Alan Autry, Jerry Dyer, Greg Garner, Reynaud Wallace, Will Kempton, City Of Fresno, California Department of Transportation/CALTRANS* with answer to complaint due within *20* days. Attorney *Paul Alexander* *Heller Ehrman LLP* *275 Middlefield Road* *Menlo Park, CA 94025-3506*. (Gil-Garcia, A) (Entered: 10/17/2006)

Oct. 17, 2006

Oct. 17, 2006

PACER
22

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/22/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Gil-Garcia, A) (Entered: 10/17/2006)

1 Consent Forms

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2 VDRP Forms

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Oct. 17, 2006

Oct. 17, 2006

PACER
23

MEMORANDUM/RESPONSE in OPPOSITION. Attorney Betts, James B. added. to Application for Temporary Restraining Order (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
24

MEMORANDUM/RESPONSE in OPPOSITION. to Application for Temporary Restraining Order (corrected) (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
25

DECLARATION of Rev. Larry J. Arce in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
26

DECLARATION of James Connell in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
27

DECLARATION of Kerry Trost in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
28

DECLARATION of Capt. Greg Garner in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
29

DECLARATION of Rebecca E. Klisch in Support of Opposition to Ex Parte Application. (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
30

MEMORANDUM/RESPONSE in OPPOSITION. to Ex Parte Application (corrected POS) (Betts, James) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

PACER
31

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR TEMPORARY RESTRAINING ORDER HEARING held on 10/19/2006. Parties to submit form of order. Hearing on Preliminary Injunction to be set out in order. Plaintiffs Counsel M. Richer / W. Salstrom present. Defendants Counsel J. Betts / J. Sanchez present. Court Reporter/CD Number: P. Crawford. (Robles, S) (Entered: 10/19/2006)

Oct. 19, 2006

Oct. 19, 2006

PACER
32

TRANSCRIPT of Application for TRO held on 10/19/06 before Judge Oliver W. Wanger. Court Reporter: Peggy J. Crawford. (TEXT ONLY) (Lundstrom, T) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
33

SUMMONS ISSUED as to *John Rogers, Phillip Weathers* with answer to complaint due within *20* days. Attorney *Paul Alexander* *Heller Ehrman LLP* *275 Middlefield Road* *Menlo Park, CA 94025-3506*. (Gil-Garcia, A) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
34

STATEMENT OF DECISION and findings re: plaintiffs application for temporary restraining order. Hearing on preliminary injunction set for 11/7/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. signed by Judge Oliver W. Wanger on 10/23/2006. (Lucas, G) (Entered: 10/24/2006)

Oct. 24, 2006

Oct. 24, 2006

RECAP
35

PROPOSED ORDER Proposed Order by Pamela Kincaid. (Alexander, Paul) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
36

TEMPORARY RESTRAINING ORDER AND ORDER re Preliminary Injuction Hearing. Opposition by 11/1/06. Reply by 11/6/06 and hearing set for 11/7/06 at 9:00am before Judge Oliver W. Wanger; signed by Judge Oliver W. Wanger on 10/25/06. (Robles, S) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

RECAP
37

MEMORANDUM/RESPONSE in OPPOSITION. to Application for Preliminary Injunction (Betts, James) (Entered: 11/01/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
38

NOTICE by City Of Fresno. Notice of Intent to Introduce Witness Testimony at 11/7/06 Preliminary Injunction Hearing (Betts, James) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

PACER
39

DECLARATION of Rev. Larry J. Arce in In Opposition to Application for Preliminary Injunction. (Betts, James) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
40

MEMORANDUM/RESPONSE in SUPPORT. OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
41

DECLARATION of Liza Apper in SUPPORT OF re 40 Memorandum/Response in Support of Motion. OF PLAINTIFFS REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION (Attachments: # 1 Exhibit A# 2 Exhibit B)(Alexander, Paul) (Entered: 11/06/2006)

1 Exhibit A

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2 Exhibit B

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Nov. 6, 2006

Nov. 6, 2006

PACER
42

DECLARATION of Tulin Ozdeger in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Alexander, Paul) (Entered: 11/06/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 6, 2006

Nov. 6, 2006

PACER
43

DECLARATION of Reverend Floyd Harris in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
44

DECLARATION of Rebecca Asami in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
45

DECLARATION of John Brown, Jr. in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
46

DECLARATION of Britney Fairburn in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
47

DECLARATION of Edward Grider in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
48

DECLARATION of Jeannine Nelson in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
49

DECLARATION of Randy Johnson, Sr. in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Appendix A)(Alexander, Paul) (Entered: 11/06/2006)

1 Appendix A

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Nov. 6, 2006

Nov. 6, 2006

PACER
50

DECLARATION of Louis Jimenez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
51

DECLARATION of Willie Mack in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
52

DECLARATION of Keth O'Brien in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
53

DECLARATION of Deanna Phillips in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
54

DECLARATION of Emilio Rodriguez in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
55

DECLARATION of David A. Snow in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Alexander, Paul) (Entered: 11/06/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Nov. 6, 2006

Nov. 6, 2006

PACER
56

DECLARATION of Logan Siler in SUPPORT OF re 40 Memorandum/Response in Support of Motion. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
57

REQUEST for Judicial Notice of Documents Filed in U.S. District Court by Pamela Kincaid. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Alexander, Paul) (Entered: 11/06/2006)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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Nov. 6, 2006

Nov. 6, 2006

PACER
58

DECLARATION of Michael Rhodes. (Supplemental) (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
59

CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
60

SUMMONS RETURNED EXECUTED by Pamela Kincaid. City Of Fresno served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
61

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Alan Autry served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
62

SUMMONS RETURNED EXECUTED by Pamela Kincaid. California Department of Transportation/CALTRANS served on 10/24/2006, answer due 11/13/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
63

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Jerry Dyer served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
64

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Greg Garner served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
65

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Will Kempton served on 10/24/2006, answer due 11/13/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
66

SUMMONS RETURNED EXECUTED by Pamela Kincaid. John Rogers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
67

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Reynaud Wallace served on 10/25/2006, answer due 11/14/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
68

SUMMONS RETURNED EXECUTED by Pamela Kincaid. Phillip Weathers served on 10/26/2006, answer due 11/15/2006. (Alexander, Paul) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
69

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : EVIDENTIARY HEARING held on 11/7/2006. Testimony received and exhibits admitted. Further Evidentiary Hearing set for 11/16/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Witnesses: Liza Apper, James Connell, Floyd Harris, Jr.)Court Reporter/CD Number: K. Lopez. (Lucas, G) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
70

APPENDIX by Pamela Kincaid re 58 Declaration filed by Pamela Kincaid,. (Appendix A to Supplemental Declaration of Michael Rhodes) (Alexander, Paul) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
71

APPENDIX by Pamela Kincaid re 55 Declaration filed by Pamela Kincaid,. (Appendix A to DECLARATION of David A. Snow) (Alexander, Paul) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

PACER
72

STIPULATION FOR EXTENSION OF TIME BY AND BETWEEN PLAINTIFFS CALIFORNIA DEPT OF TRANSPORTAITON AND WILL KEMPTON IN HIS OFFICIAL CAPACITY by California Department of Transportation/CALTRANS. Attorney Bassi, Navtej Singh added. (Bassi, Navtej) (Entered: 11/13/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
74

TRANSCRIPT of Preliminary Injunction Hearing, Volume 1 held on 11/7/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/15/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
73

ANSWER to COMPLAINT with Jury Demand by John Rogers, Phillip Weathers, Alan Autry, Jerry Dyer, Greg Garner, Reynaud Wallace, City Of Fresno. Attorney Betts, James B. added.(Betts, James) (Entered: 11/14/2006)

Nov. 14, 2006

Nov. 14, 2006

PACER
75

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : PREMLIMINARY INJUNCTION HEARING held on 11/16/2006. Testimony received. Exhibits admitted. Hearing continued to 11/17/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/17/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
76

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR PRELIMINARY INJUNCTION HEARING held on 11/17/2006. Testimony received. Exhibits admitted. Motion Hearing continued to 11/22/2006 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/20/2006)

Nov. 17, 2006

Nov. 17, 2006

PACER
77

TRANSCRIPT of Hearing on Preliminary Injunction; Testimony of Andrew Souza held on 11/17/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
78

TRANSCRIPT of Hearing on Preliminary Injunction; Testimony of Thomas Deatherage, Nelson Williams and Kincaid held on 11/16/06 before Judge Oliver W. Wanger. Court Reporter: Karen Lopez. (TEXT ONLY) (Lundstrom, T) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
79

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION FOR PRELIMINARY INJUNCTION HEARING held on 11/22/2006. Testimony received. Exhibits admitted. Parties rest. Closing arguments. Court GRANTS preliminary injunction. Counsel to submit proposed order. Plaintiffs Counsel P. Alexander present. Defendants Counsel J. Betts present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

PACER
80

ORDER Case Management due by 11/29/2006 for plaintiffs to submit proposed findings of fact and conclusions of law relative to the issuance of a preliminary injunction, signed by Judge Oliver W. Wanger on 11/22/06. (Robles, S) (Entered: 11/22/2006)

Nov. 22, 2006

Nov. 22, 2006

RECAP
81

TRANSCRIPT of Hearing on Preliminary Injunction Ruling held on 11/22/06 before Judge Wanger. Court Reporter: Karen Lopez. Tape Number: None. (TEXT ONLY ENTRY) (Hellings, J) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
82

PROPOSED ORDER Granting Preliminary Injunction. (Betts, James) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

PACER
83

BRIEF PLAINTIFFS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Pamela Kincaid. (Alexander, Paul) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
84

CERTIFICATE of SERVICE by Pamela Kincaid re 83 Brief. (Alexander, Paul) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

PACER
85

PROPOSED ORDER GRANTING PRELIMINARY INJUNCTION by Pamela Kincaid. (Alexander, Paul) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
86

AMENDED DOCUMENT by City Of Fresno.. Alternative Proposed Order (Betts, James) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

RECAP
87

CERTIFICATE of SERVICE by Pamela Kincaid. (Alexander, Paul) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
88

STATEMENT of City of Fresno - Ltr to The Honorable Oliver Wanger by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
89

OBJECTIONS to FINDINGS and RECOMMENDATIONS by Defendant City Of Fresno. (Betts, James) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
90

PROPOSED FINDINGS of FACT by City Of Fresno.(Betts, James) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
91

STATEMENT OF DECISION AND FINDINGS RE: PLAINTIFFS' APPLICATION FOR A PRELIMINARY INJUNCTION AND PRELIMINARY INJUNCTION; signed by Judge Oliver W. Wanger on 12/8/06. (Robles, S) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

RECAP
92

PRELIMINARY INJUNCTION signed by Judge Oliver W. Wanger on 12/8/2006. (Lucas, G) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

PACER
93

STIPULATION RE FILING OF FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES by Pamela Kincaid. (Attachments: # 1 Exhibit A (FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES)# 2 Certificate Certificate of Service)(Alexander, Paul) (Entered: 12/13/2006)

1 Exhibit A (FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR

View on PACER

2 Certificate Certificate of Service

View on PACER

Dec. 13, 2006

Dec. 13, 2006

PACER
94

ERRATA to Statement of Decision and Findings re Plaintiffs' Application for a Preliminary Injunction 91 ; signed by Judge Oliver W. Wanger on 12/18/06. (Rooney, M) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

RECAP
95

STIPULATION to Extend Time to File Response by California Department of Transportation/CALTRANS. (Bassi, Navtej) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
96

MOTION to DISMISS for LACK of JURISDICTION, etc. by California Department of Transportation/CALTRANS. Motion Hearing set for 3/12/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Bassi, Navtej) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
97

DECLARATION of David P. Harris in SUPPORT OF re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
98

PROPOSED ORDER [PROPOSED] ORDER re 96 MOTION to DISMISS for LACK of JURISDICTION, etc.. (Bassi, Navtej) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

PACER
99

First AMENDED COMPLAINT against all defendants by Pamela Kincaid.(Alexander, Paul) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER
100

STIPULATION re 99 Amended Complaint by Pamela Kincaid. (Alexander, Paul) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER
101

CERTIFICATE of SERVICE by Pamela Kincaid re 99 Amended Complaint, 100 Stipulation. (Alexander, Paul) (Entered: 02/07/2007)

Feb. 7, 2007

Feb. 7, 2007

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 17, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Homeless residents of Fresno, CA who were subjected to raids in which their personal property was confiscated and immediately destroyed.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California, State

City of Fresno, CA (Fresno, Fresno), City

Defendant Type(s):

Law-enforcement

Sanitation/Public Works

Transportation

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,420,000

Order Duration: 2008 - 2013

Content of Injunction:

Preliminary relief granted

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Housing assistance

Poverty/homelessness