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),…

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.

Summary Authors

Ryan Berry (6/21/2016)

Eva Richardson (10/28/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5931025/parties/kenneth-glover-v-city-of-laguna-beach/


Judge(s)

Guilford, Andrew J. (California)

McCormick, Douglas F (California)

Attorneys(s) for Plaintiff

Dassoff, Glenn D. (California)

Devanthery, Julia (California)

Eliasberg, Peter J. (California)

Grossman, Andrew Benjamin (California)

Helzer, Belinda Escobosa (California)

Hernand, David Mark (California)

Johnson, Heather Maria (California)

Kaewert, Brian Searles (California)

Judge(s)

Guilford, Andrew J. (California)

McCormick, Douglas F (California)

Attorneys(s) for Plaintiff

Dassoff, Glenn D. (California)

Devanthery, Julia (California)

Eliasberg, Peter J. (California)

Grossman, Andrew Benjamin (California)

Helzer, Belinda Escobosa (California)

Hernand, David Mark (California)

Johnson, Heather Maria (California)

Kaewert, Brian Searles (California)

Kysel, Ian Matthew (California)

Lim, Daniel S. (California)

Murray, Katherine Frenck (California)

Parker, Christine Marie (California)

Wood, Kristopher Ray (California)

Attorneys(s) for Defendant

Dennington, Douglas J. (California)

Kohn, Philip D (California)

Thind, Ajit Singh (California)

Whittaker, Christopher S. (California)

Yoder, Michael G. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 10, 2020 Docket
1

Complaint

Glover v. Laguna Beach

Aug. 20, 2015 Complaint
99

ORDER [Denying Plaintiffs' Motion for Preliminary Injunction]

Glover v. Laguna Beach

Feb. 10, 2016 Order/Opinion
109

Amended Complaint

Glover v. Laguna Beach

May 4, 2016 Complaint
203

Order Granting Motion for Class Certification

2017 WL 4457507

June 23, 2017 Order/Opinion
238-1

Class Claims Settlement Agreement and General Release

June 6, 2018 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5931025/kenneth-glover-v-city-of-laguna-beach/

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

Docket sheet not available via the Clearinghouse.

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 20, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Homeless disabled individuals in Laguna Beach California

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Laguna Beach , City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to public accommodations - governmental

Buildings

Emergency shelter

Funding

Government Services

Housing assistance

Pattern or Practice

Placement in shelters

Poverty/homelessness

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Mental Illness, Unspecified

Type of Facility:

Government-run