Case: Glover v. City of Laguna Beach

8:15-cv-01332 | U.S. District Court for the Central District of California

Filed Date: Aug. 20, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit was brought by several homeless people with mental and physical disabilities against the City of Laguna Beach in the U.S. District Court for the Central District of California. The plaintiffs, represented by the Southern California chapter of the ACLU and private counsel, accused the city and the Laguna Beach Police Department (LBPD) of violating the Eighth and Fourteenth Amendments of the U.S. Constitution, Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12132), Section 504 of the Rehabilitation Act (RA) (29 U.S.C. §§ 706, 794), and Article I, sections 7 and 17 of the California Constitution by targeting disabled homeless people under laws restricting camping in public spaces. The plaintiffs argued that the Alternative Sleeping Location (ASL), a small emergency shelter created by the county as part of the settlement of a previous lawsuit, did not provide adequate accommodations for homeless persons with disabilities, leaving them with no viable alternative to camping in public spaces. The plaintiffs brought their suit under 42 U.S.C. §1983, the Declaratory Judgement Act (28 U.S.C. §2201), and California law. They sought preliminary and permanent injunctive relief, declaratory relief, nominal damages, and attorneys’ fees. More specifically, the plaintiffs sought a declaration that the city was violating the law and an injunction preventing the city from enforcing anti-camping laws and requiring that the city provide new accommodations suitable for housing homeless people with disabilities.

On November 23, 2015, the plaintiffs sought a preliminary injunction that would prevent the LBPD from enforcing anti-camping laws against disabled homeless people pending the final outcome of the suit. Judge Andrew J. Guilford denied the plaintiffs' motion on February 10, 2016, finding that the plaintiffs’ claims for injunctive relief were unlikely to succeed at trial.

On May 4, 2016, the plaintiffs filed a second amended complaint in order to introduce additional plaintiffs. Shortly thereafter, the plaintiffs filed a motion for class certification.

On October 31, 2016, both parties filed cross-motions for summary judgment. The plaintiffs moved for summary judgment to establish that the defendants violated (1) the prohibition against cruel and unusual punishment under the Eighth and Fourteenth Amendments and analogous provisions of the California Constitution, and (2) Title II of the ADA and Section 504 of the RA. The defendants moved for summary judgment on all of the plaintiffs’ claims. On June 25, 2017, Judge Guilford granted the defendants' motion for summary judgment on the Eighth Amendment cruel and unusual punishment claims and the substantive due process claims. Judge Guilford denied both parties' motions for summary judgment on the ADA and RA claims.

On June 23, 2017, Judge Guilford granted the plaintiffs' motion for class certification in part, only with respect to the plaintiffs' remaining ADA and RA claims. The named plaintiffs represented a class consisting of "[a]ll homeless persons who reside or will reside in the geographic area of Laguna Beach who have a mental and/or physical disability as defined under section 504 of the Rehabilitation Act and Americans with Disabilities Act and who have been, or are likely to be, cited for violations of California Penal Code section 647(e), Laguna Beach Municipal Code section 8.30.030 and/or Laguna Beach Municipal Code section 18.05.020."

Following nearly a year of settlement negotiations, during which the parties exchanged voluminous discovery and engaged multiple experts, the parties agreed to settle all claims in the lawsuit and filed a motion for preliminary approval of their proposed settlement agreement with the court on June 6, 2018. Under the terms of the Class Claims Settlement Agreement, the Laguna Beach City Council will adopt a resolution affirming its commitment to end homelessness in the City of Laguna Beach. Additionally, the City agreed to a number of measures designed to accommodate disabled persons experiencing homelessness in Laguna Beach. Such measures include, for instance, the continued designation of a full-time City employee to serve as the City’s “ADA Coordinator;” the adaptation of existing grievance procedures to more directly address the needs of ASL guests; the permanent posting of a Reasonable Accommodations Notice at the ASL explaining the process for requesting and obtaining reasonable accommodations; and more. The plaintiffs' counsel did not seek attorneys' fees.

On October 23, 2018, the parties filed a motion for final approval of their settlement agreement. Judge Guilford approved the motion on November 5, 2020. The court retains jurisdiction to enforce the settlement.

	Document
8:15-cv-01332	Docket [PACER]	Aug. 10, 2020	Aug. 10, 2020 Docket
1 8:15-cv-01332	Complaint Glover v. Laguna Beach	Aug. 20, 2015	Aug. 20, 2015 Complaint
99 8:15-cv-01332	ORDER [Denying Plaintiffs' Motion for Preliminary Injunction] Glover v. Laguna Beach	Feb. 10, 2016	Feb. 10, 2016 Order/Opinion
109 8:15-cv-01332	Amended Complaint Glover v. Laguna Beach	May 4, 2016	May 4, 2016 Complaint
203 8:15-cv-01332	Order Granting Motion for Class Certification	June 23, 2017	June 23, 2017 Order/Opinion 2017 WL 4457507
238-1 8:15-cv-01332	Class Claims Settlement Agreement and General Release	June 6, 2018	June 6, 2018 Settlement Agreement

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Receipt No: 0973-16301859 - Fee: $400, filed by Plaintiffs Kenneth Glover, Jeffrey Aiken, Douglas Frederes, Jr, David Sestini, Katrina Aune. (Attorney Kristopher R Wood added to party Jeffrey Aiken(pty:pla), Attorney Kristopher R Wood added to party Katrina Aune(pty:pla), Attorney Kristopher R Wood added to party Douglas Frederes, Jr(pty:pla), Attorney Kristopher R Wood added to party Kenneth Glover(pty:pla), Attorney Kristopher R Wood added to party David Sestini(pty:pla))(Wood, Kristopher) (Entered: 08/20/2015)	Aug. 20, 2015	Aug. 20, 2015
2	CIVIL COVER SHEET filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes, Jr, Kenneth Glover, David Sestini. (Wood, Kristopher) (Entered: 08/20/2015)	Aug. 20, 2015	Aug. 20, 2015
3	Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes, Jr, Kenneth Glover, David Sestini. (Wood, Kristopher) (Entered: 08/20/2015)	Aug. 20, 2015	Aug. 20, 2015
4	CERTIFICATE of Interested Parties filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes, Jr, Kenneth Glover, David Sestini, (Wood, Kristopher) (Entered: 08/20/2015)	Aug. 20, 2015	Aug. 20, 2015
5	NOTICE of Related Case(s) filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes, Jr, Kenneth Glover, David Sestini. Related Case(s): 8:08-01447, 8:12-cv-00501, 8:14-cv-01890, 14-56079 (9th Cir.) (Wood, Kristopher) (Entered: 08/20/2015)	Aug. 20, 2015	Aug. 20, 2015
6	21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendants City of Laguna Beach and The Laguna Beach Police Department. (lwag) (Entered: 08/21/2015)	Aug. 21, 2015	Aug. 21, 2015
7	NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Douglas F. McCormick. (lwag) (Entered: 08/21/2015)	Aug. 21, 2015	Aug. 21, 2015
8	NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lwag) (Entered: 08/21/2015)	Aug. 21, 2015	Aug. 21, 2015
9	ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Cormac J. Carney, for the reasons set forth on this order. Related Case No. SACV08-01447 CJC (AGRx). (rrp) (Entered: 08/26/2015)	Aug. 26, 2015	Aug. 26, 2015
10	PROOF OF SERVICE Executed by Plaintiff Kenneth Glover, Jeffrey Aiken, Douglas Frederes Jr, David Sestini, Katrina Aune, upon Defendant The Laguna Beach Police Department served on 8/26/2015, answer due 9/16/2015. Service of the Summons and Complaint were executed upon The Laguna Beach Police Department, a California Charter City in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Wood, Kristopher) (Entered: 08/28/2015)	Aug. 28, 2015	Aug. 28, 2015
11	PROOF OF SERVICE Executed by Plaintiff Kenneth Glover, Jeffrey Aiken, Douglas Frederes Jr, David Sestini, Katrina Aune, upon Defendant City of Laguna Beach served on 8/26/2015, answer due 9/16/2015. Service of the Summons and Complaint were executed upon City of Laguna Beach in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Wood, Kristopher) (Entered: 08/28/2015)	Aug. 28, 2015	Aug. 28, 2015
12	NOTICE of Errata re Proofs of Service (Dkts. 10, 11) filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini. Corrected Proper Service Date (Wood, Kristopher) (Entered: 08/31/2015)	Aug. 31, 2015	Aug. 31, 2015
13	STIPULATION for Extension of Time to File Response as to Complaint (Attorney Civil Case Opening),, 1 filed by Defendants City of Laguna Beach, The Laguna Beach Police Department.(Attorney Philip D Kohn added to party City of Laguna Beach(pty:dft), Attorney Philip D Kohn added to party The Laguna Beach Police Department(pty:dft))(Kohn, Philip) (Entered: 09/09/2015)	Sept. 9, 2015	Sept. 9, 2015
14	Notice of Appearance or Withdrawal of Counsel: for attorney Michael G Yoder counsel for Defendants City of Laguna Beach, The Laguna Beach Police Department. Adding Michael G. Yoder as counsel of record for City of Laguna Beach and Laguna Beach Police Department for the reason indicated in the G-123 Notice. Filed by defendants City of Laguna Beach and Laguna Beach Police Department. (Attorney Michael G Yoder added to party City of Laguna Beach(pty:dft), Attorney Michael G Yoder added to party The Laguna Beach Police Department(pty:dft))(Yoder, Michael) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
15	ANSWER to Complaint (Attorney Civil Case Opening),, 1 filed by Defendants City of Laguna Beach, The Laguna Beach Police Department.(Kohn, Philip) (Entered: 09/25/2015)	Sept. 25, 2015	Sept. 25, 2015
16	ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 11/30/2015 at 9:00 am. (lb) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015
17	Notice of Appearance or Withdrawal of Counsel: for attorney Ajit Singh Thind counsel for Defendants City of Laguna Beach, The Laguna Beach Police Department. Adding Ajit S. Thind as counsel of record for City of Laguna Beach and Laguna Beach Police Department for the reason indicated in the G-123 Notice. Filed by Defendants City of Laguna Beach and Laguna Beach Police Department. (Thind, Ajit) (Entered: 09/28/2015)	Sept. 28, 2015	Sept. 28, 2015
18	First AMENDED COMPLAINT against Defendant City of Laguna Beach, The Laguna Beach Police Department amending Complaint (Attorney Civil Case Opening),, 1, filed by Plaintiff Kenneth Glover, Jeffrey Aiken, Douglas Frederes Jr, David Sestini, Katrina Aune(Johnson, Heather) (Entered: 10/16/2015)	Oct. 16, 2015	Oct. 16, 2015
19	Amended CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, (Attachments: # 1 Proof of Service)(Johnson, Heather) (Entered: 10/16/2015) 1 Proof of Service View on PACER	Oct. 16, 2015	Oct. 16, 2015
20	NOTICE of Change of Attorney Business or Contact Information: for attorney Kristopher Ray Wood counsel for Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini. Changing firm name and address to Orrick Herrington & Sutcliffe LLP, 2050 Main Street, Suite 1100, Irvine, CA 92614. Changing e-mail to kristopher.wood@orrick.com. Filed by Plaintiffs Kenneth Glover, David Sestini, Douglas Frederes Jr., Jeffrey Aiken, Katrina Aune. (Wood, Kristopher) (Entered: 10/26/2015)	Oct. 26, 2015	Oct. 26, 2015
21	NOTICE of Change of Attorney Business or Contact Information: for attorney Glenn D Dassoff counsel for Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini. Changing firm name and address to Orrick Herrington & Sutcliffe LLP, 2050 Main Street, Suite 1100, Irvine, CA 92614. Changing e-mail to gdassoff@orrick.com. Filed by Plaintiffs Kenneth Glover, David Sestini, Douglas Frederes Jr., Jeffrey Aiken, Katrina Aune. (Dassoff, Glenn) (Entered: 10/26/2015)	Oct. 26, 2015	Oct. 26, 2015
22	ANSWER to Amended Complaint/Petition, 18 filed by Defendants City of Laguna Beach, The Laguna Beach Police Department.(Kohn, Philip) (Entered: 10/30/2015)	Oct. 30, 2015	Oct. 30, 2015
23	NOTICE of Appearance filed by attorney Katherine Frenck Murray on behalf of Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini (Attorney Katherine Frenck Murray added to party Jeffrey Aiken(pty:pla), Attorney Katherine Frenck Murray added to party Katrina Aune(pty:pla), Attorney Katherine Frenck Murray added to party Douglas Frederes Jr(pty:pla), Attorney Katherine Frenck Murray added to party Kenneth Glover(pty:pla), Attorney Katherine Frenck Murray added to party David Sestini(pty:pla))(Murray, Katherine) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015
24	NOTICE of Appearance filed by attorney Daniel S Lim on behalf of Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini (Attorney Daniel S Lim added to party Jeffrey Aiken(pty:pla), Attorney Daniel S Lim added to party Katrina Aune(pty:pla), Attorney Daniel S Lim added to party Douglas Frederes Jr(pty:pla), Attorney Daniel S Lim added to party Kenneth Glover(pty:pla), Attorney Daniel S Lim added to party David Sestini(pty:pla))(Lim, Daniel) (Entered: 11/06/2015)	Nov. 6, 2015	Nov. 6, 2015
25	STIPULATION for Extension of Time to File to Move for Class Certification filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini, John Miller, Lisa Holbrook. (Attachments: # 1 Proposed Order)(Attorney Heather Maria Johnson added to party John Miller(pty:pla), Attorney Heather Maria Johnson added to party Lisa Holbrook(pty:pla))(Johnson, Heather) (Entered: 11/12/2015) 1 Proposed Order View on PACER	Nov. 12, 2015	Nov. 12, 2015
26	NOTE CHANGES MADE BY THE COURT ORDER Approving Stipulation to Extend Time to Move For Class Certification 25 by Judge Andrew J. Guilford: For the reasons stated in the Stipulation and for good cause shown, the Court hereby APPROVES the Stipulation and vacates the November 19, 2015 deadline to move for class certification. Counsel shall submit a proposed schedule for class certification for the November 30, 2015 Scheduling Conference. (lwag) (Entered: 11/13/2015)	Nov. 13, 2015	Nov. 13, 2015
27	NOTICE of Appearance filed by attorney David Mark Hernand on behalf of Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, David Sestini (Attorney David Mark Hernand added to party Jeffrey Aiken(pty:pla), Attorney David Mark Hernand added to party Katrina Aune(pty:pla), Attorney David Mark Hernand added to party Douglas Frederes Jr(pty:pla), Attorney David Mark Hernand added to party Kenneth Glover(pty:pla), Attorney David Mark Hernand added to party David Sestini(pty:pla))(Hernand, David) (Entered: 11/19/2015)	Nov. 19, 2015	Nov. 19, 2015
28	JOINT RULE 26(f) AND LOCAL RULE 26-1 REPORT filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Douglas Frederes Jr, Kenneth Glover, Lisa Holbrook, John Miller, David Sestini. (Murray, Katherine) (Entered: 11/19/2015)	Nov. 19, 2015	Nov. 19, 2015
29	NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. Motion set for hearing on 12/21/2015 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Johnson, Heather) (Entered: 11/23/2015) 1 Memorandum of Points and Authorities View on PACER 2 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015
30	NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. Motion set for hearing on 12/21/2015 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Johnson, Heather) (Entered: 11/23/2015) 1 Memorandum of Points and Authorities View on PACER 2 Proposed Order View on PACER	Nov. 23, 2015	Nov. 23, 2015
31	DECLARATION of Heather Maria Johnson in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
32	DECLARATION of Benjamin F. Henwood in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
33	DECLARATION of Katrina Aune in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
34	DECLARATION of David Sestini in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
35	DECLARATION of Jeffrey Aiken in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
36	DECLARATION of John Miller in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
37	DECLARATION of Lisa Holbrook in support of NOTICE OF MOTION AND MOTION to Certify Class 30, NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
38	DECLARATION of Kenneth Glover in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
39	DECLARATION of Douglas Frederes Jr. in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015
40	DECLARATION of Joshua Oldham in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Cessation of Enforcement of Cal. Penal Code 647(e) and LBMC Sections 8.30.030 and 18.05.020 . Motion 29 filed by Plaintiffs Jeffrey Aiken, Katrina Aune, Lisa Holbrook, John Miller, David Sestini. (Johnson, Heather) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015

Case: Glover v. City of Laguna Beach

8:15-cv-01332 | U.S. District Court for the Central District of California

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details