Filed Date: Oct. 7, 2020
Case Ongoing
Clearinghouse coding complete
This case is about law enforcement use of illegally accessed real-time surveillance footage to monitor demonstrators following the killing of George Floyd. The plaintiffs, Black and Latino residents of San Francisco who participated in protests against police violence in May and June of 2020, filed this action on October 7, 2020, in the Superior Court of California for the County of San Francisco. The plaintiffs alleged that the defendant, the San Francisco Police Department (SFPD), used a network of surveillance cameras to spy on protestors in real-time, in violation of the City of San Francisco’s Acquisition of Surveillance Technology Ordinance (Ordinance), which was passed in response to claims that the SFPD disregarded departmental orders that required reasonable suspicion before surveilling on activities protected by the First Amendment. The Ordinance required that a city department obtain approval and establish a specific use policy prior to acquiring surveillance technology unless there were exigent circumstances. Despite that, the defendant allegedly acquired real-time surveillance footage from 400 cameras for approximately seven days. Represented by the ACLU of Northern California and the Electronic Frontier Foundation, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees.
Both parties moved for summary judgment. On February 9, 2022, Judge Ulmer granted the defendant’s motion, finding. Judge Ulmer found that the Ordinance allowed city departments to continue using surveillance technology if they had been using it prior to the Ordinance’s passage until a separate ordinance were enacted that governed the department’s surveillance policy. Because no such separate ordinance had been enacted and because the SFPD used the same cameras during the 2019 San Francisco Pride celebration, Judge Ulmer concluded that the defendant was entitled to continue using that technology.
The plaintiffs filed a notice of appeal on March 25, 2022. As of December 22, 2022, that appeal is ongoing.
Summary Authors
Claire Butler (12/30/2022)
Cagle, Matthew T (California)
Hussain, Saira (California)
Rathi, Mukund (California)
Schwartz, Adam Jeffrey (California)
McGrath, Aileen M. (California)
Last updated Dec. 20, 2024, 7:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 7, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiffs in this case are Black and latinx people who reside in San Francisco and who participated in protests against police violence in May and June of 2020.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of San Francisco (San Francisco), City
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.: