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

Clearinghouse coding complete

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. Approxim…

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. 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, also in this Clearinghouse (PN-CA-0022). Following the approval of the settlement agreement, there has been no further litigation.

Summary Authors

Alex Colbert-Taylor (7/10/2013)

Elena Malik (11/8/2017)

Related Cases

Local 10 ILWU v. City of Oakland, Northern District of California (2003)

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)

Beeler, Laurel (California)

Seeborg, Richard G. (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Houk, Julie (California)

Lederman, Rachel (California)

Lye, Linda (California)

Messineo, Carl L (District of Columbia)

Risher , Michael Temple (California)

Judge(s)

Beeler, Laurel (California)

Seeborg, Richard G. (California)

Tigar, Jon Steven (California)

Attorneys(s) for Plaintiff

Chanin, James B. (California)

Flynn, Robert Michael (California)

Houk, Julie (California)

Lederman, Rachel (California)

Lye, Linda (California)

Messineo, Carl L (District of Columbia)

Risher , Michael Temple (California)

Schlosser, Alan Lawrence (California)

Sobel, Carol A. (California)

Stein, Bobby Fay (California)

Verheyden-Hilliard, Mara E (District of Columbia)

Attorneys(s) for Defendant

Fierro, Rocio V. (California)

Fox, Gregory Mellon (California)

Hall, Randolph (California)

Parker, Barbara J (California)

Rockwell, Gregory James (California)

Simmons, William Edmond (California)

Documents in the Clearinghouse

Document

Docket (PACER)

July 25, 2013 Docket
1

Complaint for Damages and Injunctive and Declaratory Relief

Nov. 14, 2011 Complaint
25

Order Denying Plaintiffs' Application for Temporary Restraining Order

2011 WL 5576921

Nov. 16, 2011 Order/Opinion
48

Order Denying Motion for Preliminary Injunction

Dec. 12, 2011 Order/Opinion
86

Stipulation for Entry of Final Order of Dismissal, and for Sealing and Destruction of Arrest Records, Pursuant to Settlement

July 18, 2013 Pleading / Motion / Brief
86-1

Settlement Agreement

Spalding v. City of Oakland

July 18, 2013 Settlement Agreement

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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

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Nov. 14, 2011 RECAP
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

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Nov. 14, 2011 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 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 PACER
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 PACER
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 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 RECAP
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 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 PACER
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 PACER
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 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 PACER
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 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 PACER
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 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 PACER
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 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 PACER
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 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 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 PACER
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 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 PACER
75

JOINT CASE MANAGEMENT STATEMENT filed by Timothy Scott Campbell. (Lederman, Rachel) (Filed on 2/25/2013) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
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 PACER
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

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2 Standing Order for All Judges of the Northern District

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March 15, 2013 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
84

Joint Case Management Statement

July 10, 2013 PACER
85

Order

July 18, 2013 PACER
86

Stipulation

1 Exhibit Exhibit 1, Spalding Settlement Agreement

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2 Proposed Order Proposed Order

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July 18, 2013 PACER
87

Exhibits

July 18, 2013 PACER
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 RECAP
89

Relate Case

April 27, 2021 PACER
90

Opposition/Response to Motion

May 1, 2021 PACER

Electronic Filing Error

May 3, 2021 PACER
91

Clerk's Notice

May 5, 2021 PACER

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

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):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 1,170,000

Content of Injunction:

Preliminary relief denied

Recordkeeping

Issues

General:

Aggressive behavior

Excessive force

Personal injury