Case: Hooper v. Seattle

2:17-cv-00077 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 19, 2017

Closed Date: June 11, 2020

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Case Summary

This case deals with the legality of seizing the property of unhoused individuals by the city of Seattle, Washington without adequate notice. The plaintiffs - initially consisting of two individuals, the Episcopal Diocese of Olympia, and the organization Real Change - filed this lawsuit on January 19, 2017, in the U.S. District Court for the Western District of Washington. Represented by the ACLU of Washington and private counsel, the plaintiffs sued the City of Seattle, the Washington State De…

This case deals with the legality of seizing the property of unhoused individuals by the city of Seattle, Washington without adequate notice.

The plaintiffs - initially consisting of two individuals, the Episcopal Diocese of Olympia, and the organization Real Change - filed this lawsuit on January 19, 2017, in the U.S. District Court for the Western District of Washington. Represented by the ACLU of Washington and private counsel, the plaintiffs sued the City of Seattle, the Washington State Department of Transportation (WSDOT), and the Secretary of Transportation for WSDOT under 42 U.S.C. § 1983, Article 1, § 7 and Article 1, § 3 of the Washington Constitution, and the Fourteenth Amendment of the United States Constitution, on their policy of “sweeping.” The City rules governing the sweeps were promulgated as the Multi-Departmental Administrative Rules 08-01 (MDARs), while WSDOT adopted the Guidelines to Address Illegal Encampments. The plaintiffs claimed that the practice of sweeping seized or destroyed their property without adequate notice, an opportunity to be heard, or a meaningful remedy to reclaim undestroyed property. The plaintiffs sought class certification, declaratory relief that federal and state constitutions forbid the policies of defendants, injunctive relief forbidding sweeps until constitutionally respective procedures are adopted, and attorney fees. The District Court assigned the case to Judge Ricardo Martinez.

In the complaint, the plaintiffs alleged that the policies of the City violated protections from unreasonable search and seizure under the Fourth Amendment, right to due process under the Fourteenth Amendment, the right to protection from invasion of home under the Washington State Constitution, and the right to due process under the Washington State Constitution. The City viewed the policies themselves, also referred to as “cleanups,” as necessary for public health and safety. In contrast, the plaintiffs contended that the policy of the City violated constitutional notice requirements for the residents of these encampments and others who lacked a permanent home. Furthermore, the plaintiffs alleged that items the City of Seattle viewed as “garbage” were in fact constitutionally protected property, thus requiring both due process protections and recovery protections.

A day after filing the complaint, the plaintiffs filed a motion for class certification. The proposed class included all unhoused persons who lived outside within the City of Seattle and who keep their belongings on public property.

On February 6, 2017, the plaintiffs filed a motion for a temporary restraining order (TRO) against the practice of sweeping. Judge Martinez denied the motion for the TRO on February 14, 2017, finding that the plaintiffs inadequately satisfied their burdens of success on the merits and irreparable harm, but allowed the plaintiffs' concurrent but unfiled motion for a preliminary injunction to proceed. 2017 WL 591112.

The plaintiffs filed an amended complaint on March 2, 2017, adding another individual and the Trinity Parish of Seattle as plaintiffs. In response, the City of Seattle filed a counterclaim on March 16, 2017, seeking a declaratory judgment that the City’s newly adopted MDARs was sufficiently constitutional. The new MDARs was set to go into effect on April 2, 2017. The plaintiffs then filed a second amended complaint on May 23, 2017, adding an additional individual plaintiff.

The plaintiffs filed a motion for a preliminary injunction on June 14, 2017. Reviewing the motions for preliminary injunction and class certification in tandem, Judge Martinez denied both motions on October 4, 2017. 2017 WL 4410029. Judge Martinez denied the class certification because the plaintiffs failed to establish commonality, typicality, and adequacy of representation. Judge Martinez denied the preliminary injunction because he found plaintiffs failed to demonstrate irreparable harm because speculative injuries are not immediate, threatened injury. Judge Martinez found that the balance of equities and the validity of the public interest weighed in favor of defendants because the speculative claims of plaintiffs did not outweigh the defendants' interest in maintaining public property free of items that may pose a threat to citizens.

On January 23, 2018, the plaintiffs appealed the denial of the class certification to the Ninth Circuit. Judge Sandra Ikuta, Judge Morgan Christen, and Judge Jennifer Choe-Groves heard the case. The panel affirmed the denial of class certification on November 29, 2019, finding the lack of sufficient evidence and commonality dispositive enough to warrant the District Court’s denial of the class certification. 943 F.3d 882. Concurring in part and dissenting in part, Judge Christen found that the plaintiffs presented distinct facial challenges to the cleanup policies.

With the Ninth Circuit finding no abuse of discretion by the District Court, the City of Seattle filed a motion to convert the preliminary injunction into a final judgment on the merits on March 5, 2020. The plaintiffs responded on March 12, 2020, by filing a motion to voluntarily dismiss their claims and the City’s counterclaim. On June 11, 2020, Judge Martinez denied the City’s motion for conversion and granted the plaintiff’s motion to dismiss without prejudice. 2020 WL 3100855. This case is closed.

	Document
2:17-cv-00077	Docket [PACER] Hooper v. City Of Seattle	June 11, 2020	June 11, 2020 Docket
1 2:17-cv-00077	Complaint - Class Action for Declaratory and Injunctive Relief Hooper v. City of Seattle	Jan. 19, 2017	Jan. 19, 2017 Complaint
65 2:17-cv-00077	Order Denying Plaintiffs' Motion for Temporary Restraining Order Hooper v. City of Seattle	Feb. 14, 2017	Feb. 14, 2017 Order/Opinion 2017 WL 591112
75 2:17-cv-00077	Defendant City of Seattle's Answer, Affirmative Defenses, and Counterclaim to Amended Complaint Hooper v. City of Seattle	March 16, 2017	March 16, 2017 Pleading / Motion / Brief
87 2:17-cv-00077	Second Amended Complaint - Class Action for Declaratory and Injunctive Relief Hooper v. City of Seattle	May 23, 2017	May 23, 2017 Pleading / Motion / Brief
209 2:17-cv-00077	Order Denying Plaintiffs' Motion for Class Certification and Denying Plaintiffs' Motion for Preliminary Injunction Hooper v. City of Seattle	Oct. 4, 2018	Oct. 4, 2018 Order/Opinion 2017 WL 4410029
224 2:17-cv-00077 18-35053	Opinion Willis v. City of Seattle U.S. Court of Appeals for the Ninth Circuit	Nov. 29, 2019	Nov. 29, 2019 Order/Opinion 943 F.3d 882
242 2:17-cv-00077	Order Denying Defendant's Motion for Final Judgment on the Merits and Granting Plaintiffs' Motion for Voluntary Dismissal Hooper v. City of Seattle	June 11, 2020	June 11, 2020 Order/Opinion 2020 WL 3100855

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Class Action for Declaratory and Injunctive Relief against All Defendants (Receipt # 0981-4739028) Attorney Todd T Williams added to party Lisa Hooper(pty:pla), Attorney Todd T Williams added to party Brandie Osborne(pty:pla), Attorney Todd T Williams added to party Real Change(pty:pla), Attorney Todd T Williams added to party The Episcopal Diocese of Olympia(pty:pla), filed by Lisa Hooper, The Episcopal Diocese of Olympia, Real Change, Brandie Osborne. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Williams, Todd) (Entered: 01/19/2017) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	Jan. 19, 2017	Jan. 19, 2017 RECAP
	Add and Terminate Judges	Jan. 20, 2017	Jan. 20, 2017 PACER
2	MOTION to Certify Class, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Attachments: # 1 Proposed Order) Noting Date 2/17/2017, (Williams, Todd) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
3	DECLARATION of Todd T. Williams filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 2 MOTION to Certify Class (Williams, Todd) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
4	DECLARATION of Emily Chiang filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 2 MOTION to Certify Class (Williams, Todd) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
5	PRAECIPE re 2 MOTION to Certify Class by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia (Attachments: # 1 Motion for Class Certification)(Williams, Todd) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
	Judge James L. Robart added. (RE)	Jan. 20, 2017	Jan. 20, 2017 PACER
6	Summons electronically issued as to defendant(s) City of Seattle, Washington, Roger Millar, Washington State Department of Transportation. (Attachments: # 1 Summons-WSDOT, # 2 Summons-Roger Millar)(RE) (Entered: 01/20/2017)	Jan. 20, 2017	Jan. 20, 2017 PACER
7	CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by The Episcopal Diocese of Olympia (Williams, Todd) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017 PACER
8	CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Real Change (Williams, Todd) (Entered: 01/26/2017)	Jan. 26, 2017	Jan. 26, 2017 PACER
9	AFFIDAVIT of Service of Summons and Complaint on Travis Youtsey, Administrative Assistant, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017 PACER
10	AFFIDAVIT of Service of Summons and Complaint on Paul Triesch, Assistant Attorney General, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017 PACER
11	AFFIDAVIT of Service of Summons and Complaint on Paul Triesch, Assistant Attorney General, Person Authorized to Accept on 1/23/2017, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Williams, Todd) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017 PACER
12	MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Ricardo S Martinez for all further proceedings. All future pleadings shall bear cause number C17-77RSM by Judge James L. Robart. (RS) (Entered: 01/31/2017)	Jan. 31, 2017	Jan. 31, 2017 PACER
	Notice of Docket Text Modification	Feb. 1, 2017	Feb. 1, 2017 PACER
13	Per Counsel, NOTICE of Appearance by attorney Matthew J Segal on behalf of Defendants City of Seattle, only. Washington, Roger Millar, Washington State Department of Transportation. (Segal, Matthew) Modified on 2/8/2017 (vb). (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
14	Per Counsel NOTICE of Appearance by attorney Taki V. Flevaris on behalf of Defendants City of Seattle, only. Washington, Roger Millar, Washington State Department of Transportation. (Flevaris, Taki) Modified on 2/8/2017 (vb). (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
15	NOTICE of Appearance by attorney Gregory Colin Narver on behalf of Defendant City of Seattle, Washington. (Narver, Gregory) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
16	NOTICE of Appearance by attorney Carlton Wm Seu on behalf of Defendant City of Seattle, Washington. (Seu, Carlton) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
17	NOTICE of Appearance by attorney Gary T Smith on behalf of Defendant City of Seattle, Washington. (Smith, Gary) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
18	NOTICE of Appearance by attorney Andrew Thomas Myerberg on behalf of Defendant City of Seattle, Washington. (Myerberg, Andrew) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
19	NOTICE of Appearance by attorney Patrick Downs on behalf of Defendant City of Seattle, Washington. (Downs, Patrick) (Entered: 02/01/2017)	Feb. 1, 2017	Feb. 1, 2017 PACER
	NOTICE of Docket Text Modification re 14 Notice of Appearance, 13 Notice of Appearance : Per Counsel, NOTICE of Appearance by attorney Matthew J Segal & Taki V. Flevaris filed on behalf of Defendants City of Seattle only (vb)	Feb. 1, 2017	Feb. 1, 2017 PACER
20	NOTICE of Appearance by attorney Alicia O Young on behalf of Defendants Roger Millar, Washington State Department of Transportation. (Young, Alicia) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
21	NOTICE of Appearance by attorney Eric A Lindberg on behalf of Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Lindberg, Eric) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
22	NOTICE of Appearance by attorney Blake Edward Marks-Dias on behalf of Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. (Marks-Dias, Blake) (Entered: 02/02/2017)	Feb. 2, 2017	Feb. 2, 2017 PACER
	Attorney Matthew D. Huot for Roger Millar and Washington State Department of Transportation added; per 20 Notice of Appearance. (CDA)	Feb. 3, 2017	Feb. 3, 2017 PACER
	Add and Terminate Attorneys	Feb. 3, 2017	Feb. 3, 2017 PACER
23	MOTION for Temporary Restraining Order, filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/6/2017, (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
24	DECLARATION of Randi Kern filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
25	DECLARATION of Simon Stephens filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
26	DECLARATION of Alex Garland filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
27	DECLARATION of Lisa Hooper filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
28	DECLARATION of Love McCoy filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
29	DECLARATION of Timothy Alexander filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
30	DECLARATION of Jamie Fuller filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
31	DECLARATION of Aedan Roberts filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
32	DECLARATION of Brandie Osborne filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
33	DECLARATION of Breanne Schuster filed by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 23 MOTION for Temporary Restraining Order (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER
34	CERTIFICATE OF SERVICE by Plaintiffs Lisa Hooper, Brandie Osborne, Real Change, The Episcopal Diocese of Olympia re 31 Declaration, 30 Declaration, 32 Declaration, 29 Declaration, 26 Declaration, 25 Declaration, 28 Declaration, 27 Declaration, 24 Declaration, 33 Declaration (Williams, Todd) (Entered: 02/06/2017)	Feb. 6, 2017	Feb. 6, 2017 PACER

Case: Hooper v. Seattle

2:17-cv-00077 | U.S. District Court for the Western District of Washington

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