Case: Campbell v. City of Oakland

3:11-cv-05498 | U.S. District Court for the Northern District of California

Filed Date: Nov. 14, 2011

Closed Date: 2013

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Case Summary

In early October 2011, a large protest movement emerged in Oakland, CA, associated with the national Occupy movement. Several of the Occupy Oakland protesters set up an encampment with tents and other facilities in Frank Ogawa Plaza in front of Oakland City Hall. The group regularly held rallies and meetings at the Plaza. Early in the morning on October 25, 2011 Oakland police and other municipal employees forcibly removed the Occupy protesters and their property from Frank Ogawa Plaza. Approxi…

Early in the morning on October 25, 2011 Oakland police and other municipal employees forcibly removed the Occupy protesters and their property from Frank Ogawa Plaza. Approximately seventy people were arrested. The OPD used "less-lethal" weapons, such as rubber-encased bullets, tear gas, and flash-bang grenades, to disperse the demonstrators, and allegedly gave insufficient dispersal notice, inaudible to many of the demonstrators. The OPD destroyed property including tents belonging to the encamped demonstrators.

On November 2, 2011, in response to the police actions on October 25, Occupy Oakland called for a general strike and a day of peaceful protest in the city. Thousands marched to shut down the Port of Oakland. There was minimal conflict between the OPD and the demonstrators during the day, but late in the night and into the next morning the police again used "less-lethal" weapons to disperse the demonstrators, firing them directly at individual demonstrators and into crowds. This again allegedly occurred without the demonstrators first being provided with sufficient notice and opportunity to disperse.

On November 14, 2011 several individual plaintiffs and institutional plaintiff the ACLU of Northern California, represented by attorneys from the National Lawyers Guild, filed a lawsuit in the United States District Court for the District of Northern California. The suit was filed against the City of Oakland and its acting chief of police. The individual plaintiffs alleged in their complaint that they wished to continue exercising their first Amendment rights by participating in further demonstrations but that they were concerned for their safety because of the Oakland Police Department's (OPD) alleged use of excessive force to disperse two earlier Occupy demonstrations and because of incidents of police violence at other Occupy-related rallies and marches. The ACLU of Northern California stated that many of its members would like to participate in Occupy demonstrations but were afraid to do so because of the actions of the OPD. The plaintiffs sought a restraining order and temporary and preliminary injunctions preventing the City of Oakland and the OPD (and law enforcement agencies cooperating with them at their request) from violating Oakland's Crowd Control Policy. They also sought a declaration that the defendants' actions had been unlawful, and to enjoin the defendants from violating the plaintiffs' constitutional rights. They sought compensatory, statutory, and punitive damages, and legal costs and attorneys' fees.

Many of the individual plaintiffs had been injured by the police during the demonstrations. One plaintiff had been filming the police and was asked to step back. He moved back several steps and asked if that was far enough. The police did not respond, and so he continued filming and was then shot in the leg with a "bean bag," actually a bag of lead pellets fired from a shotgun. He recorded the incident with his camera. Another plaintiff was allegedly shot with an unspecified "less-lethal" munition while alone on his bicycle near the demonstration but not between the police and the demonstrators. One plaintiff was hit in the ankle by a projectile. The other individual plaintiffs were demonstrators who had witnessed individuals being injured or incidents of excessive force at the demonstrations and who were therefore afraid to continuing participating in the demonstrations despite their desire to do so. The complaint describes other uses of force by the police at the demonstrations, such as the shooting of a Marine Corps veteran in the head with a non-lethal projectile, which fractured his skull and led to his being hospitalized for three weeks. When other protestors attempted to rush to his aid the police shot tear gas and flash-bangs at the small group, impeding their efforts.

Plaintiffs alleged that during both incidents the OPD had failed to follow the procedures of the City's official Crowd Control Policy, established by the settlement in Local 10 ILWU v. City of Oakland (see related cases). These rules were established in response to earlier use of excessive force by the OPD in response to non-violent protests. The Crowd Control Policy restricted the City's power to declare an assembly unlawful to those circumstances where demonstrators had already acted illegally or where they posed a clear and present danger of imminent violence and forbade the OPD from dispersing demonstrations that had not been declared unlawful. It also required the OPD to provide an opportunity for demonstrators at assemblies declared unlawful to safely disperse prior to arrest, and forbade the indiscriminate use of less-lethal munitions directly against crowds, even when specific individuals in the group were violent.

On November 16, 2011, the Court (Judge Richard Seeborg) declined to issue a restraining order against the defendants requiring them to comply with their own Crowd Control Policy, although by the terms of the Local 10 ILWU settlement and the Policy itself such compliance was already mandatory. The Judge held that the balance of equities and the public interest did not clearly weigh in favor of either party, because the "plaintiffs' own evidence demonstrate[d] that the great majority of the interactions between police and Occupy Oakland protestors ha[d] been peaceful. Thus, to arrive at the conclusion that irreparable injury is imminent, plaintiffs must assume that confrontations between police and protectors will escalate in the future." Campbell v. City of Oakland, 2011 WL 5576921, 2011.

On December 12, 2011, the Court denied the Plaintiffs' motion for a preliminary injunction, relying on substantially the same reasoning.

After the motion for a preliminary injunction was dismissed, the parties began an alternative dispute resolution (ADR) process. The parties reached a settlement agreement, and the case was dismissed on July 25, 2013. The settlement order included a monetary settlement of $1,170,000. The agreement also contained two non-monetary provisions requiring that the plaintiffs' arrest records be sealed and destroyed and that the defendants continue to abide by Oakland's Crowd Control Policy in accordance with the settlement agreement in Spalding v. City of Oakland. Following the approval of the settlement agreement, there has been no further litigation.

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Summary Authors

Alex Colbert-Taylor (7/10/2013)

Elena Malik (11/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4178753/parties/campbell-v-city-of-oakland/

Judge(s)

Attorney for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Attorney for Defendant

Fierro, Rocio V. (California)

Fox, Gregory Mellon (California)

Hall, Randolph W. (California)

Expert/Monitor/Master/Other

Judge(s)

Tigar, Jon Steven (California)

Attorney for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Houk, Julie M. (California)

Lye, Linda (California)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Sobel, Carol A. (California)

Stein, Bobbie Fay (California)

Attorney for Defendant

Fierro, Rocio V. (California)

Fox, Gregory Mellon (California)

Hall, Randolph W. (California)

Martin, Brigid S. (California)

Parker, Barbara J. (California)

Simmons, William Edmond (California)

Expert/Monitor/Master/Other

Lederman, Rachel (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:11-cv-05498	Docket (PACER)	July 25, 2013	July 25, 2013 Docket
1 3:11-cv-05498	Complaint for Damages and Injunctive and Declaratory Relief	Nov. 14, 2011	Nov. 14, 2011 Complaint
25 3:11-cv-05498	Order Denying Plaintiffs' Application for Temporary Restraining Order	Nov. 16, 2011	Nov. 16, 2011 Order/Opinion 2011 WL 5576921
48 3:11-cv-05498	Order Denying Motion for Preliminary Injunction	Dec. 12, 2011	Dec. 12, 2011 Order/Opinion
86-1 3:11-cv-05498	Settlement Agreement Spalding v. City of Oakland	July 18, 2013	July 18, 2013 Settlement Agreement
86 3:11-cv-05498	Stipulation for Entry of Final Order of Dismissal, and for Sealing and Destruction of Arrest Records, Pursuant to Settlement	July 18, 2013	July 18, 2013 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4178753/campbell-v-city-of-oakland/

Last updated Nov. 29, 2025, 5:39 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Damages & Injunctive and Declaratory Relief; Demand for Jury Trial against City of Oakland, Howard Jordan (Filing fee $ 350.00, receipt number 34611066926). Filed by Michael Siegel, American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marc McKinnie, Marcus Kryshka. (Attachments: # 1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011) 1 Civil Cover Sheet View on PACER	Nov. 14, 2011	Nov. 14, 2011 Clearinghouse
2	EXPARTE Application for Temporary Restraining Order and Order to Show Cause filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Attachments: # 1 Proposed Order) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011) 1 Proposed Order View on PACER	Nov. 14, 2011	Nov. 14, 2011
3	MEMORANDUM of Points and Authorities in Support of 2 Exparte Application for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
4	Declaration of Alan Schlosser in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
5	Declaration of Marcus Kryshka in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
6	Declaration of Michael Siegel in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
7	Declaration of Scott Whitacre in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
8	Declaration of Timothy Scott Campbell in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
9	Declaration of Dan Roth in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
10	Declaration of Eric Post in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
11	Declaration of Kerie Campbell in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
12	Declaration of Michael Chase in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
13	Declaration of Askash Desai in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
14	Declaration of Morgan Rees in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
15	Declaration of Heather Freinkel in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
16	Declaration of Marc McKinnie in Support of 2 MOTION for Temporary Restraining Order filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 2 ) (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
17	NOTICE of Disclosure Statement by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
18	Declination to Proceed Before a U.S. Magistrate Judge by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
19	Summons Issued as to City of Oakland, Howard Jordan. (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
20	ADR SCHEDULING ORDER: Case Management Statement due by 2/16/2012. Case Management Conference set for 2/23/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011
21	ORDER Re Ex Parte Application for Temporary Restraining Order. Signed by Judge Richard Seeborg on 11/14/2011. (gba, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)	Nov. 14, 2011	Nov. 14, 2011 RECAP
22	CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel to Oakland Police Department (Lye, Linda) (Filed on 11/15/2011) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011
23	CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel to City of Oakland (Lye, Linda) (Filed on 11/15/2011) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011
24	RESPONSE (re 2 MOTION for Temporary Restraining Order ) filed byCity of Oakland, Howard Jordan. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Certificate/Proof of Service)(Fox, Gregory) (Filed on 11/15/2011) (Entered: 11/15/2011) 1 Declaration View on PACER 2 Exhibit View on PACER 3 Certificate/Proof of Service View on PACER	Nov. 15, 2011	Nov. 15, 2011 RECAP
25	ORDER DENYING PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER. Preliminary Injunction Hearing set for 11/30/2011 01:30 PM. Signed by Judge Richard Seeborg on 11/16/11. (cl, COURT STAFF) (Filed on 11/16/2011) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 Clearinghouse
26	Supplemental MOTION for Preliminary Injunction filed by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. Motion Hearing set for 11/30/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 11/23/2011. Replies due by 11/29/2011. (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
27	Declaration of Susan Cagle in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
28	Declaration of Aakash Desai (Supplemental) filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
29	Declaration of Sukay Sow in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
30	Declaration of Bill Lo in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
31	Declaration of Tim S. Campbell in Support of 26 Supplemental MOTION for Preliminary Injunction (Supplemental Declaration) filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
32	Declaration of Marc McKinnie in Support of 26 Supplemental MOTION for Preliminary Injunction (Supplemental Declaration) filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
33	Declaration of Sam Kesten in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
34	Declaration of Jonathan Harris in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
35	Declaration of James B. Chanin in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
36	Declaration of Max Stiers in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
37	Declaration of Rebecca Yzaguirre in Support of 26 Supplemental MOTION for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
38	Declaration of Kerie Campbell in Support of 26 Supplemental MOTION for Preliminary Injunction (Supplemental Declaration) filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 26 ) (Lye, Linda) (Filed on 11/18/2011) (Entered: 11/18/2011)	Nov. 18, 2011	Nov. 18, 2011
39	ORDER denying motion to relate cases. This case is not related to Case Nos. C00-4599 TEH, C03-2961 TEH, C03-2962 TEH, or C11-2867 TEH. Signed by Judge Thelton E. Henderson on 11/23/11. (tehlc3, COURT STAFF) (Filed on 11/23/2011) (Entered: 11/23/2011)	Nov. 23, 2011	Nov. 23, 2011 RECAP
40	RESPONSE (re 26 Supplemental MOTION for Preliminary Injunction ) CITY OF OAKLANDS OPPOSITION TO PLAINTIFFS SUPPLEMENTAL NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION filed byCity of Oakland, Howard Jordan. (Hall, Randolph) (Filed on 11/23/2011) (Entered: 11/23/2011)	Nov. 23, 2011	Nov. 23, 2011
41	Declaration of ANTHONY TORIBIO in Support of 40 Opposition/Response to Motion, DECLARATION OF INTERIM DEPUTY CHIEF OF POLICE ANTHONY TORIBIO IN SUPPORT OF CITY OF OAKLAND'S OPPOSITION TO PLAINTIFFS APPLICATION FOR PRELIMINARY INJUCTION filed byCity of Oakland, Howard Jordan. (Related document(s) 40 ) (Hall, Randolph) (Filed on 11/23/2011) (Entered: 11/23/2011)	Nov. 23, 2011	Nov. 23, 2011
42	REPLY (re 26 Supplemental MOTION for Preliminary Injunction ) filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Lye, Linda) (Filed on 11/29/2011) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011
43	Declaration of Nishan Bhaumik in Support of 42 Reply to Opposition/Response to Supplemental Motion for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 42 ) (Lye, Linda) (Filed on 11/29/2011) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011
44	Declaration of Kerie Campbell in Support of 42 Reply to Opposition/Response to Supplemental Motion for Preliminary Injunction filed byAmerican Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Related document(s) 42 ) (Lye, Linda) (Filed on 11/29/2011) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011
45	Proposed Order re Preliminary Injunction by American Civil Liberties Union of Northern California, Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel. (Lye, Linda) (Filed on 11/29/2011) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011
46	Minute Entry: Motion Hearing held on 11/30/2011 before Judge Richard Seeborg (Date Filed: 11/30/2011) re 26 Supplemental MOTION for Preliminary Injunction filed by Kerie Campbell, Timothy Scott Campbell, Marcus Kryshka, Marc McKinnie, Michael Siegel, American Civil Liberties Union of Northern California. (Court Reporter Sahar Bartlett.) (cl, COURT STAFF) (Date Filed: 11/30/2011) (Entered: 11/30/2011)	Nov. 30, 2011	Nov. 30, 2011
47	DEFENDANTS' ANSWER to Complaint with Jury Demand byCity of Oakland, Howard Jordan. (Simmons, William) (Filed on 12/6/2011) (Entered: 12/06/2011)	Dec. 6, 2011	Dec. 6, 2011
48	ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 12/12/2011) (Entered: 12/12/2011)	Dec. 12, 2011	Dec. 12, 2011 Clearinghouse
49	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Simmons, William) (Filed on 2/1/2012) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012
50	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Simmons, William) (Filed on 2/1/2012) (Entered: 02/01/2012)	Feb. 1, 2012	Feb. 1, 2012
51	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Plfs T.S. Campbell, McKinnie, Siegel) (Lederman, Rachel) (Filed on 2/3/2012) (Entered: 02/03/2012)	Feb. 3, 2012	Feb. 3, 2012
52	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Kerie Campbell (Lye, Linda) (Filed on 2/3/2012) (Entered: 02/03/2012)	Feb. 3, 2012	Feb. 3, 2012
53	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Ajay Krishnan, vice-chair for plaintiff ACLU of Northern California (Lye, Linda) (Filed on 2/3/2012) (Entered: 02/03/2012)	Feb. 3, 2012	Feb. 3, 2012
54	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Marcus Kryshka (Lye, Linda) (Filed on 2/3/2012) (Entered: 02/03/2012)	Feb. 3, 2012	Feb. 3, 2012
55	* FILED IN ERROR. REFER TO DOCUMENT 56 . * JOINT CASE MANAGEMENT STATEMENT filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 2/16/2012) Modified on 2/16/2012 (feriab, COURT STAFF). (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
56	JOINT CASE MANAGEMENT STATEMENT Corrected copy filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 2/16/2012) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
57	JOINT CASE MANAGEMENT STATEMENT Corrected copy filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 2/16/2012) (Entered: 02/16/2012)	Feb. 16, 2012	Feb. 16, 2012
58	Minute Entry: Initial Case Management Conference held on 2/23/2012 before Judge Richard Seeborg (Date Filed: 2/23/2012). (Court Reporter Not Reported.) (cl, COURT STAFF) (Date Filed: 2/23/2012) (Entered: 02/23/2012)	Feb. 23, 2012	Feb. 23, 2012
59	CASE MANAGEMENT SCHEDULING ORDER. ORDER REFERRING CASE to Magistrate Judge Beeler for Settlement. Pretrial Conference set for 5/16/2013 10:00 AM; Jury Selection set for 5/28/2013 09:00 AM; Jury Trial set for 5/28/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 2/24/12. (cl, COURT STAFF) (Filed on 2/24/2012) (Entered: 02/24/2012)	Feb. 24, 2012	Feb. 24, 2012 RECAP
60	NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 6/1/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 2/27/2012. (ls, COURT STAFF) (Filed on 2/27/2012) (Entered: 02/28/2012)	Feb. 27, 2012	Feb. 27, 2012
61	Request to Reschedule Settlement Conference re 60 Order Setting Settlement Conference, filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 5/21/2012) Modified on 5/23/2012 (gba, COURT STAFF). (Entered: 05/21/2012)	May 21, 2012	May 21, 2012
62	ORDER RESETTING SETTLEMENT CONFERENCE: re 61 Stipulation filed by Timothy Scott Campbell. Settlement Conference reset to 9/18/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. The previous set date of June 1, 2012 at 9:30 a.m. is VACATED. Signed by Magistrate Judge Laurel Beeler on 5/23/2012. (ls, COURT STAFF) (Filed on 5/23/2012) (Entered: 05/24/2012)	May 23, 2012	May 23, 2012 RECAP
63	STIPULATION WITH PROPOSED ORDER re 59 Order, Order Referring Case to Magistrate Judge for Settlement, Set Hearings,,, REQUEST FOR ORDER EXTENDING DATE FOR AMENDMENT OF PLEADINGS filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 6/8/2012) (Entered: 06/08/2012)	June 8, 2012	June 8, 2012
64	STIPULATION AND ORDER RE 63 FOR AN ORDER EXTENDING DATE FOR AMENDMENT OF PLEADINGS. Signed by Judge Richard Seeborg on 6/11/12. (cl, COURT STAFF) (Filed on 6/11/2012) (Entered: 06/11/2012)	June 11, 2012	June 11, 2012 RECAP
65	STIPULATION WITH PROPOSED ORDER EXTENDING DATE FOR AMENDMENT OF PLEADINGS filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 7/24/2012) (Entered: 07/24/2012)	July 24, 2012	July 24, 2012
66	STIPULATION AND ORDER RE 65 FOR AN ORDER EXTENDING DATE FOR AMENDMENT OF PLEADINGS. Signed by Judge Richard Seeborg on 7/25/12. (cl, COURT STAFF) (Filed on 7/25/2012) (Entered: 07/25/2012)	July 25, 2012	July 25, 2012 RECAP
67	Minute Entry: Settlement Conference held. (Date Filed: 9/18/2012) Further Settlement Conference set for 11/13/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. (lsS, COURT STAFF) (Date Filed: 9/18/2012) (Entered: 09/18/2012)	Sept. 18, 2012	Sept. 18, 2012
68	ORDER REGARDING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Laurel Beeler on 9/18/2012. (lsS, COURT STAFF) (Filed on 9/18/2012) (Entered: 09/18/2012)	Sept. 18, 2012	Sept. 18, 2012 RECAP
69	STIPULATION WITH PROPOSED ORDER Request for New Scheduling Order filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 9/27/2012) (Entered: 09/27/2012)	Sept. 27, 2012	Sept. 27, 2012
70	STIPULATION AND ORDER RE 69 FOR NEW SCHEDULING ORDER. Pretrial Conference set for 2/10/2014 10:00 AM; Jury Selection set for 2/24/2014 09:00 AM; Jury Trial set for 2/24/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/28/12. (cl, COURT STAFF) (Filed on 9/28/2012) (Entered: 09/28/2012)	Sept. 28, 2012	Sept. 28, 2012 RECAP
71	ORDER. Settlement Conference set for 12/19/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 11/8/2012. (ls, COURT STAFF) (Filed on 11/8/2012) (Entered: 11/09/2012)	Nov. 8, 2012	Nov. 8, 2012 RECAP
72	STIPULATION WITH PROPOSED ORDER [Proposed] Stipulated Protective Order filed by City of Oakland, Howard Jordan. (Simmons, William) (Filed on 11/26/2012) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012
73	STIPULATED PROTECTIVE ORDER. Signed by Judge Richard Seeborg on 11/28/12. (cl, COURT STAFF) (Filed on 11/28/2012) (Entered: 11/28/2012)	Nov. 28, 2012	Nov. 28, 2012 RECAP
74	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jon S. Tigar for all further proceedings. Judge Hon. Richard Seeborg no longer assigned to the case. Signed by The Executive Committee on 2/11/13. (gba, COURT STAFF) (Filed on 2/11/2013) (Entered: 02/12/2013)	Feb. 11, 2013	Feb. 11, 2013
75	JOINT CASE MANAGEMENT STATEMENT filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 2/25/2013) (Entered: 02/25/2013)	Feb. 25, 2013	Feb. 25, 2013
76	Minute Entry: Further Settlement Conference held. (Date Filed: 3/5/2013) Telephonic Settlement Conference set for 3/7/2013 at 3:00 PM. Further Settlement Conference set for 3/18/2013 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. (ls, COURT STAFF) (Date Filed: 3/5/2013) (Entered: 03/06/2013)	March 5, 2013	March 5, 2013
77	CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 4/9/2013. Initial Case Management Conference set for 4/16/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 3/15/2013) (Entered: 03/15/2013) 1 Standing Order View on PACER 2 Standing Order for All Judges of the Northern District View on PACER	March 15, 2013	March 15, 2013
79	Minute Entry: Further Settlement Conference held. Tentative settlement reached. (Date Filed: 3/18/2013). (ls, COURT STAFF) (Date Filed: 3/18/2013) (Entered: 03/21/2013)	March 18, 2013	March 18, 2013
78	STIPULATION WITH [PROPOSED] ORDER EXTENDING THE DEADLINE TO AMEND THE PLEADINGS AND RESCHEDULING CMC; TOLLING AGREEMENT; [PROPOSED] ORDER filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 3/20/2013) (Entered: 03/20/2013)	March 20, 2013	March 20, 2013
80	Order by Hon. Jon S. Tigar granting 78 Stipulation. The parties' stipulated request to extend case-related deadlines due to the tentative settlement reached before Judge Beeler is hereby granted as follows: the deadline to amend the pleadings is extended to July 1, 2013; and the case management conference scheduled for April 16, 2013, is continued to July 10, 2013, at 2:00p.m. in Courtroom 9, 19th Floor, 450 Golden Gate Ave., San Francisco, CA 94102.(jstlc1, COURT STAFF) (This is a text only docket entry.) (Filed on 3/26/2013) (Entered: 03/26/2013)	March 26, 2013	March 26, 2013
81	STIPULATION WITH [PROPOSED] ORDER re 80 Order on Stipulation; Stipulated Request for an Order Rescheduling CMC; Extending Deadline to Amend & Tolling Agreement; [Proposed] Order filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 6/25/2013) (Entered: 06/25/2013)	June 25, 2013	June 25, 2013
82	Order by Hon. Jon S. Tigar granting re 81 Stipulation. The July 10, 2013 Case Management Conference is continued to July 24, 2013, at 2:00 p.m. The deadline to amend the pleadings is extended to September 1, 2013. A clerks' notice will follow. (jstlc1, COURT STAFF) (This is a text only entry.) (Filed on 6/27/2013) (Entered: 06/27/2013)	June 27, 2013	June 27, 2013
83	CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference previously set for 7/10/2013 is CONTINUED to 7/24/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Joint Case Management Statement due by 7/10/2013. The deadline to Amended Pleadings is extended to 9/1/2013. This is a text only entry. There is no document associated with this notice. (wsn, COURT STAFF) (Filed on 6/27/2013) (Entered: 06/27/2013)	June 27, 2013	June 27, 2013
84	Joint Case Management Statement	July 10, 2013	July 10, 2013
85	Order	July 18, 2013	July 18, 2013
86	Stipulation 1 Exhibit Exhibit 1, Spalding Settlement Agreement View on PACER 2 Proposed Order Proposed Order View on PACER	July 18, 2013	July 18, 2013 Clearinghouse
87	Exhibits	July 18, 2013	July 18, 2013
88	FINAL ORDER OF DISMISSAL AND FOR SEALING AND DESTRUCTION OF ARREST RECORDS re 86 STIPULATION WITH PROPOSED ORDER filed by Timothy Scott Campbell. Signed by Judge Jon S. Tigar on July 25, 2013. (wsn, COURT STAFF) (Filed on 7/25/2013)	July 25, 2013	July 25, 2013 RECAP
89	MOTION to Relate Case filed by Jasmine Gaffett. (Lederman, Rachel) (Filed on 4/27/2021) (Entered: 04/27/2021)	April 27, 2021	April 27, 2021
	Electronic filing error. This filing will not be processed by the clerks office. Request to relates cases should only be filed in the lowest numbered case. Re: 89 MOTION to R elate Case filed by Jasmine Gaffett (jmlS, COURT STAFF) (Filed on 4/27/2021)	April 27, 2021	April 27, 2021
90	OPPOSITION/RESPONSE (re 89 MOTION to Relate Case ) filed byCity of Oakland. (Martin, Brigid) (Filed on 5/1/2021) (Entered: 05/01/2021)	May 1, 2021	May 1, 2021
	Electronic Filing Error	May 3, 2021	May 3, 2021
91	CLERK'S NOTICE DETERMINING THAT CASES ARE NOT RELATED. (mllS, COURT STAFF) (Filed on 5/4/2021) (Entered: 05/04/2021)	May 4, 2021	May 4, 2021

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Case Details

State / Territory:

California

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Occupy

Key Dates

Filing Date: Nov. 14, 2011

Closing Date: 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Several demonstrators associated with the Occupy Oakland movement and the ACLU of Northern California, alleging excessive force by the Oakland Police Department prevented their exercise of free speech.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Oakland (Oakland, Alameda), City

Oakland Police Department (Oakland, Alameda), City

Defendant Type(s):