Case: NAACP v. San Jose

4:21-cv-01705 | U.S. District Court for the Northern District of California

Filed Date: March 11, 2021

Closed Date: Aug. 29, 2023

Clearinghouse coding complete

Case Summary

On March 11, 2021, the NAACP and several individuals filed this class-action lawsuit against the city of San Jose and public officials in the United States Northern District Court of California. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism on May 29-31, 2020 when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants had exhibited a l…

On March 11, 2021, the NAACP and several individuals filed this class-action lawsuit against the city of San Jose and public officials in the United States Northern District Court of California. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism on May 29-31, 2020 when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants had exhibited a long history of targeting Black, Brown, and Muslim communities and that the use of force in these protests was racially motivated. 

The plaintiffs sued under 42 U.S.C. § 1983, alleging that the defendants violated their First Amendment rights to free speech and association, their Fourth Amendment rights to be free from unlawful arrest and excessive force, and their Fourteenth Amendment right to equal protection. The plaintiffs brought similar claims under state constitution equivalents of these provisions. The plaintiffs also brought claims under the ADA and Rehabilitation Act, arguing that the defendants’ policing practices failed to make reasonable modifications that allowed people with disabilities to participate in protests. Finally, the plaintiffs sued under a variety of state laws, including tort claims like assault and negligence. The lawsuit sought declaratory relief stating that the defendants’ policing practices were unconstitutional, as well as preliminary and permanent injunctive relief enjoining the defendants from engaging in the same behavior in the future. The class members also sought compensatory damages.

The case was assigned to Judge Phyllis Jean Hamilton of the Northern District of California. 

On June 7, 2021, the defendants moved to dismiss the suit, making arguments for qualified immunity, lack of supervisory liability, and failure to state plausible claims under the various constitutional provisions. 

On September 24, 2021, the court dismissed the plaintiffs’ Fourteenth Amendment claims that they were targeted on the basis of race and denied “freedom of movement.” It likewise dismissed a curfew-related claim under the First Amendment with regard to most, but not all, defendants. The court also dismissed the plaintiffs’ claim that the defendants engaged in a conspiracy to violate their constitutional rights. However, the court largely denied the defendants’ motion to dismiss, and it specifically decided to delay its assessment of whether the defendants were entitled to qualified immunity until summary judgment so as to permit factual development in discovery.

Thus, thirteen of the plaintiffs’ causes of action persisted. These causes of action included the plaintiffs’ requests for injunctive and declaratory relief, which were not at issue in the motion to dismiss. The plaintiffs’ state law claims also remained, as did some claims under the First Amendment, claims under the Fourth Amendment for excessive force and wrongful arrest, an allegation of failure to intervene, an alleged violation of the ADA, tort claims for assault and battery, certain of the plaintiffs’ cause of action for false arrest, and an action for negligence.

On February 23, 2023, the court held a hearing on the plaintiffs’ motion for class certification. The plaintiffs filed an amended complaint, amending the plaintiffs and defendants to the case and removing three counts as claims for relief on February 27, 2023. 

On April 7, 2023, Judge Hamiliton denied certifying the plaintiffs as a class because the plaintiffs did not show that common issues would predominate over individual issues and that the defendants’ conduct did not generally apply to the class.

The defendants, on April 14, 2023, filed a motion for summary judgment. In the motion, the defendants alleged that the plaintiffs excessive force claims are a product of guesswork, they have no evidence to suggest their First Amendment claims, they have not indicated one federal disability law that was not accommodated, and their state claims fail for the same reasons their federal claims purportedly fail. 

Judge Hamilton, on August 3, 2023, Judge Hamiliton granted in part and denied in part the defendants’ motion for summary judgment, considering the various claims alleged by the various plaintiffs against each of the defendants. 

On August 7, 2023, Judge Hamilton set a settlement conference before Magistrate Judge Laurel Beeler. On August 23, 2023, the case settled as to one plaintiff, and the other four plaintiffs presented proposals of settlement to each other that were to be presented to the City Council on August 29, 2023. 

On August 29, 2023, the entire case settled before Magistrate Judge Laurel Beeler, subject to ordinary contingency of final approval by the governing authorities. The Clearinghouse was unable to find the settlement agreement; however, the Partnership for Civil Justice Fund indicated that the San Jose City Council approved a $3.35 million settlement on September 12, 2023.

The plaintiffs, on October 19, 2023, filed a stipulation for dismissal, dismissing the action with prejudice. All parties were to bear their own costs. 

The case is closed. 

Summary Authors

Justin Hill (5/25/2021)

Hank Minor (12/1/2022)

Hannah Juge (12/20/2023)

Andrew Eslich (12/23/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59722942/parties/naacp-of-san-jose-silicon-valley-v-city-of-san-jose/


Judge(s)
Attorney for Plaintiff

Carbajal, Lauren Jacqueline (California)

Chanin, James B. (California)

Donahue, Alicia J. (California)

Engel, Mitchell (California)

Attorney for Defendant

Chow, Yue-Han (California)

show all people

Documents in the Clearinghouse

Document

4:21-cv-01705

Docket [PACER]

NAACP of San Jose v. City of San Jose

May 12, 2021

May 12, 2021

Docket
3

4:21-cv-01705

Class Action Complaint for Damages, Declaratory and Injunctive Relief

NAACP of San Jose v. City of San Jose

March 11, 2021

March 11, 2021

Complaint
45

4:21-cv-01705

Order Re Motion to Dismiss

Sept. 24, 2021

Sept. 24, 2021

Order/Opinion
81

4:21-cv-01705

Order Re Motion to Amend Complaint and Discovery Letter Briefs

NAACP of San Jose v. San Jose

Dec. 6, 2022

Dec. 6, 2022

Order/Opinion
108

4:21-cv-01705

First Amended Class Action Complaint for Damages, Declaratory and Injunctive Relief

NAACP of San Jose v. San Jose

Feb. 27, 2023

Feb. 27, 2023

Complaint
113

4:21-cv-01705

Order Re Class Certification, Discovery and Sealing

NAACP of San Jose v. San Jose

April 7, 2023

April 7, 2023

Order/Opinion
121

4:21-cv-01705

Defendants' Notice of Motion and Motion for Summary Judgment

NAACP of San Jose v. San Jose

April 14, 2023

April 14, 2023

Pleading / Motion / Brief
147

4:21-cv-01705

Order Re Motion for Summary Judgment

NAACP of San Jose v. City of San Jose

Aug. 3, 2023

Aug. 3, 2023

Order/Opinion
148

4:21-cv-01705

Order Re Settlement Conference

Aug. 4, 2023

Aug. 4, 2023

Order/Opinion
161

4:21-cv-01705

Stipulation without Proposed Order

NAACP of San Jose v. City of San Jose

Oct. 19, 2023

Oct. 19, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59722942/naacp-of-san-jose-silicon-valley-v-city-of-san-jose/

Last updated Dec. 20, 2023, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-15685792.). Filed byNAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
2

Proposed Summons. (Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
3

COMPLAINT corrected to include cover sheet against All Defendants. Filed byNAACP of San Jose/ Silicon Valley. (Attachments: # 1 Civil Cover Sheet)(Lederman, Rachel) (Filed on 3/11/2021) (Entered: 03/11/2021)

1 Civil Cover Sheet

View on PACER

March 11, 2021

March 11, 2021

Clearinghouse
4

MOTION to Relate Case: C-20-4824-BLF filed by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/11/2021) Modified on 3/31/2021 (jlmS, COURT STAFF). (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
5

Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/25/2021. (mbcS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
6

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2021. Initial Case Management Conference set for 6/9/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
7

Summons Issued as to City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (sfbS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
8

CLERK'S NOTICE RE: Consent or Declination: All parties are requested to file a consent or declination to proceed before a magistrate judge by 3/25/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER

~Util - Case Assigned by Intake

March 11, 2021

March 11, 2021

PACER

Clerk's Notice re: Consent or Declination

March 12, 2021

March 12, 2021

PACER
9

ORDER PROVIDING PARTIES OPPORTUNITY TO RESPOND. Signed by Judge Beth Labson Freeman on 3/15/2021. (blflc4S, COURT STAFF) (Filed on 3/15/2021) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
10

RESPONSE re 9 Order on Potential Consolidation by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
11

OPPOSITION/RESPONSE (re 4 MOTION to Relate Case ) Defendants' Statement in Opposition to Consolidation filed byCity Of San Jose. (Chow, Yue-Han) (Filed on 3/19/2021) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
12

RESPONSE re 9 Order, 11 Opposition/Response to Motion on Consolidation by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 3/22/2021) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
13

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 3/23/2021. (blflc4S, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
14

CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR. Case Management Conference set for 3/30/2021 10:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 26, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 3/24/2021) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

March 24, 2021

March 24, 2021

PACER
15

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose.. (Chow, Yue-Han) (Filed on 3/25/2021) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER

CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR. Case Management Conference set for 3/30/2021 10:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 26, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 3/25/2021)

March 25, 2021

March 25, 2021

PACER

Set/Reset Hearings

March 28, 2021

March 28, 2021

PACER
16

Minute Entry for proceedings held before Judge Beth Labson Freeman: Case Management Conference held on 3/30/2021. The pending motion to relate cases 20-cv-04824-BLF and 21-cv-01705-NC was discussed. Total Time in Court: 33 minutes. Court Reporter: Summer Fisher. For Plaintiffs Sanderlin et al. in 20-cv-04824-BLF: Sarah Marinho via Zoom webinar. For Plaintiffs NAACP of San Jose/Silicon Valley et al. in 21-cv-01705-NC: Rachel Lederman and Tifanei Ressl-Moyer via Zoom webinar. For Defendants: Ardell Johnson, Yue-Han Chow, and Matthew Pritchard via Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Date Filed: 3/30/2021) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
17

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 3/30/2021) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
18

NOTICE of Appearance of Matthew W Pritchard as Counsel, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen (Pritchard, Matthew) (Filed on 3/30/2021) Modified on 3/31/2021 (jlmS, COURT STAFF). (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

Case Management Conference - Initial

March 30, 2021

March 30, 2021

PACER

Clerk's Notice of Impending Reassignment - Text Only

March 30, 2021

March 30, 2021

PACER
19

This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER

Case REASSIGNED to Judge Phyllis J. Hamilton. Magistrate Judge Nathanael M. Cousins no longer assigned to assigned to the case. (bwS, COURT STAFF) (Filed on 3/31/2021)

March 31, 2021

March 31, 2021

PACER
20

ORDER ON MOTION TO RELATE IN 20-CV-04824-BLF. Signed by Judge Beth Labson Freeman on 4/5/2021. (blflc4S, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

RECAP
21

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/10/2021. Initial Case Management Conference set for 6/17/2021 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 4/5/2021. (kcS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
22

ORDER ON MOTION TO RELATE re 21-cv-00519-SVK. Signed by Judge Susan van Keulen on 4/15/2021. (svklc2S, COURT STAFF) (Filed on 4/15/2021) Modified on 4/16/2021 (jlmS, COURT STAFF). (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER
23

ORDER ON MOTION TO RELATE CASES. Case C-21-1705-PJH is NOT related to case C-21-1849-BLF. Signed by Judge Phyllis J. Hamilton on 4/23/2021. (kcS, COURT STAFF) (Filed on 4/23/2021) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
24

STIPULATION WITH PROPOSED ORDER TO ENLARGE TIME FOR BRIEFING RE DEFENDANTS MOTION TO DISMISS, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez . (Pritchard, Matthew) (Filed on 5/12/2021) Modified on 5/13/2021 (jlmS, COURT STAFF). (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
25

STIPULATION AND ORDER TO ENLARGE TIME FOR BRIEFING RE DEFENDANTS' MOTION TO DISMISS by Judge Phyllis J. Hamilton granting 24 Stipulation. Motion to Dismiss due by 6/7/2021. Opposition due 7/6/2021. Reply due 7/19/2021. (kcS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
26

CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on September 16, 2021 at 2:00 P.M. - Videoconference Only, the HONORABLE PHYLLIS J. HAMILTON will conduct the Initial Case Management Conference previously noticed for June 17, 2021, in this matter. Joint Case Management Statement due by 9/9/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER

Clerk's Notice

May 12, 2021

May 12, 2021

PACER
27

MOTION to Dismiss filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. Motion Hearing set for 8/12/2021 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 7/6/2021. Replies due by 7/19/2021. (Attachments: # 1 Defendants' Request for Judicial Notice and Incorporation by Reference ISO Motion to Dismiss)(Pritchard, Matthew) (Filed on 6/7/2021) (Entered: 06/07/2021)

1 Defendants' Request for Judicial Notice and Incorporation by Reference ISO

View on PACER

June 7, 2021

June 7, 2021

RECAP
28

STIPULATION WITH PROPOSED ORDER for Page Extension for Opposition to Motion to Dismiss and Reply in Support of Motion to Dismiss re 27 MOTION to Dismiss, filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez (Attachments: # 1 Proposed Order Allowing Excess Pages)(Lederman, Rachel) (Filed on 6/30/2021) Modified on 7/1/2021 (jlmS, COURT STAFF). (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
29

ORDER FOR PAGE EXTENSION by Judge Phyllis J. Hamilton granting 28 Stipulation. (kcS, COURT STAFF) (Filed on 7/2/2021) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
30

Request for Judicial Notice in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed byM. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Flynn, Robert) (Filed on 7/6/2021) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
31

OBJECTIONS to Defendants Request for Judicial Notice filed in Support of Defendants' Motion to Dismiss by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Flynn, Robert) (Filed on 7/7/2021) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
32

OPPOSITION/RESPONSE (re 27 MOTION to Dismiss ) filed byNAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 7/7/2021) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
33

REPLY (re 27 MOTION to Dismiss) filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Pritchard, Matthew) (Filed on 7/19/2021) Modified on 7/20/2021 (jlmS, COURT STAFF). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
34

REPLY (re 27 MOTION to Dismiss) ISO Req. for Judicial Notice and Incorporation By Reference in Support of Motion to Dismiss filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 7/19/2021) Modified on 7/20/2021 (jlmS, COURT STAFF). (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
35

ORDER re motion to dismiss. Signed by Judge Hamilton on 8/10/2021. (pjhlc3S, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

RECAP
36

CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re 27 Motion to Dismiss set for 8/12/2021 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proce edings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (F iled on 8/11/2021) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
37

Statement: Claims Chart Requested by the Court in its Order re Motion to Dismiss re 35 Order by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Ressl-Moyer, Tifanei) (Filed on 8/11/2021) Modified on 8/12/2021 (jlmS, COURT STAFF). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
38

***DUPLICATE ENTRY; PLEASE IGNORE; SAME AS DOCUMENT NO. 37 *** Statement: Chart Requested by the Court re 35 Order, by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 8/11/2021) Modified on 8/12/2021 (jlmS, COURT STAFF). Modified on 8/12/2021 (jlmS, COURT STAFF). Modified on 8/12/2021 (jlmS, COURT STAFF). (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 11, 2021

Aug. 11, 2021

PACER
39

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 8/12/2021 re 27 MOTION to Dismiss filed by Ronnie A. Lopez, Sam Liccardo, FNU Delgado, Jason Dwyer, Edgardo Garcia, City Of San Jose, David Sykes, Sean Michael Curry, Lee Tassio, Jared Yuen. Court Reporter: Pamela Batalo Hebel. (kcS, COURT STAFF) (Date Filed: 8/12/2021) (Entered: 08/13/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
40

TRANSCRIPT ORDER for proceedings held on 8/12/2021 before Judge Phyllis J. Hamilton for Court Reporter Pam Batalo. (oh, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
41

CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that the Initial Case Management Conference set for 9/16/2021 at 2:00 PM is VACATED until the pleadings are settled. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 9/7/2021) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Clerk's Notice

Sept. 7, 2021

Sept. 7, 2021

PACER
42

JOINT CASE MANAGEMENT STATEMENT filed by NAACP of San Jose/ Silicon Valley. (Lederman, Rachel) (Filed on 9/8/2021) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
43

STIPULATION WITH PROPOSED ORDER Protective Order filed by NAACP of San Jose/ Silicon Valley. (Attachments: # 1 Supplement Redlined version of proposed protective order)(Lederman, Rachel) (Filed on 9/8/2021) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
44

Transcript of Proceedings held on 08/12/21, before Judge Hamilton. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 40 Transcript Order ) Redaction Request due 10/4/2021. Redacted Transcript Deadline set for 10/12/2021. Release of Transcript Restriction set for 12/10/2021. (Related documents(s) 40 ) (Batalo, Pam) (Filed on 9/11/2021) (Entered: 09/11/2021)

Sept. 11, 2021

Sept. 11, 2021

PACER
45

ORDER by Judge Hamilton re 27 Motion to Dismiss. (pjhlc3S, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

Clearinghouse

Set Deadlines/Hearings: Updated Joint Case Management Statement due by 10/14/2021. Initial Case Management Conference set for 10/21/2021 at 02:00 PM - Videoconference Only. (kcS, COURT STAFF) (Filed on 9/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
46

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION by Judge Phyllis J. Hamilton granting 43 Stipulation. (kcS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER

Set Deadlines/Hearings

Sept. 24, 2021

Sept. 24, 2021

PACER
47

JOINT CASE MANAGEMENT STATEMENT filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 10/14/2021) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
48

CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 10/21/2021 at 02:00 PM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proceedings held by telephone or videoconfe rence are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 10/18/2021) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 18, 2021

Oct. 18, 2021

PACER
49

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16520783.) filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit Certificate of Good Standing)(Shroff, Zal) (Filed on 10/21/2021) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Electronic filing error. This filing will not be processed by the clerks office. Please re-file in its entirety re 49 MOTION for leave to appear in Pro Hac Vice. ***Addres s of record is incorrect (does not reflect Kansas address). Co-counsel address of record is incomplete.*** (kcS, COURT STAFF) (Filed on 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
50

Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 10/21/2021. Amended Pleadings due by 7/15/2022. Close of Fact Discovery due by 10/14/2022. Motion for class certification to be heard by 11/10/2022. Designation of Experts due by 11/18/2022. Rebuttal Reports due by 1/6/2023. Close of Expert Discovery due by 3/3/2023. Dispositive Motions to be heard by 4/20/2023. Pretrial Conference set for 9/28/2023 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Jury Selection and Jury Trial (3 weeks) set for 10/23/2023 at 08:30 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Court Reporter: Not Reported. (kcS, COURT STAFF) (Date Filed: 10/21/2021) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
51

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J. Hamilton on 10/22/2021. (kcS, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
52

STIPULATION WITH PROPOSED ORDER TO ENLARGE DEFENDANTS' TIME TO FILE AN ANSWER filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Pritchard, Matthew) (Filed on 12/10/2021) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
53

STIPULATED REQUEST TO ENLARGE DEFENDANTS' TIME TO FILE AN ANSWER AND ORDER by Judge Phyllis J. Hamilton granting 52 Stipulation. (kc, COURT STAFF) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
54

ANSWER to Complaint with Jury Demand byCity Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Chow, Yue-Han) (Filed on 12/13/2021) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
55

NOTICE of Appearance by Lauren Jacqueline Carbajal (Carbajal, Lauren) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
56

Discovery Letter BriefJoint filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit 1a, Def's Rsps to Plfs' Interrogatories, # 2 Exhibit 1b, Defs' Resps to Plfs' Interrogs)(Lederman, Rachel) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
55

NOTICE of Appearance by Lauren Jacqueline Carbajal (Carbajal, Lauren) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
56

Discovery Letter BriefJoint filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit 1a, Def's Rsps to Plfs' Interrogatories, # 2 Exhibit 1b, Defs' Resps to Plfs' Interrogs)(Lederman, Rachel) (Filed on 3/22/2022) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
57

ORDER by Judge Hamilton re 56 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 4/1/2022)

April 1, 2022

April 1, 2022

RECAP
58

NOTICE of Appearance by Chris Azim Johnson (Johnson, Chris) (Filed on 4/21/2022) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
59

NOTICE of Appearance by Alicia J. Donahue (Donahue, Alicia) (Filed on 4/21/2022) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
60

STIPULATION WITH PROPOSED ORDER re 51 Order Extend Deadline to Amend Pleadings filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 7/14/2022) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
61

ORDER MODIFYING CASE SCHEDULE by Judge Phyllis J. Hamilton granting 60 Stipulation. Amended Pleadings due by 9/30/2022.(kc, COURT STAFF) (Filed on 7/18/2022) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
62

Discovery Letter Briefre Depositions of High Ranking Officials filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/1/2022) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
63

Third Discovery Letter Briefre multiple disputes filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit Tassio Declaration, # 2 Exhibit Jimenez Declaration, # 3 Exhibit Def's Priviliege Log)(Lederman, Rachel) (Filed on 9/9/2022) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
64

STIPULATION WITH PROPOSED ORDER re 51 Order Modify Case Schedule filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
64

STIPULATION WITH PROPOSED ORDER re 51 Order Modify Case Schedule filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Lederman, Rachel) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
65

Amended Discovery Letter Brief - Third Discovery Letter Brief re multiple issues filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Attachments: # 1 Exhibit - Tassio Declaration, # 2 Exhibit - Jimenez Declaration, # 3 Exhibit - Def's Privilege Log, # 4 Exhibit - Jones Declaration)(Chow, Yue-Han) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
65

Amended Discovery Letter Brief - Third Discovery Letter Brief re multiple issues filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Attachments: # 1 Exhibit - Tassio Declaration, # 2 Exhibit - Jimenez Declaration, # 3 Exhibit - Def's Privilege Log, # 4 Exhibit - Jones Declaration)(Chow, Yue-Han) (Filed on 9/16/2022) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
66

Order on Stipulation

Sept. 19, 2022

Sept. 19, 2022

PACER
66

Order on Stipulation

Sept. 19, 2022

Sept. 19, 2022

PACER
67

Stipulation and Proposed Order

Sept. 23, 2022

Sept. 23, 2022

PACER
67

Stipulation and Proposed Order

Sept. 23, 2022

Sept. 23, 2022

PACER
68

ORDER by Judge Hamilton granting in part and denying in part 62 Discovery Letter Brief; terminating 63 Discovery Letter Brief; granting in part and denying in part 65 Discovery Letter Brief. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
69

ORDER by Judge Hamilton granting 67 Stipulation. (pjhlc3, COURT STAFF) (Filed on 9/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
70

Leave to File Document

Oct. 1, 2022

Oct. 1, 2022

PACER
71

Notice of Motion re 70 MOTION for Leave to File Amended Complaint Naming Does filed by M. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. Motion Hearing set for 11/10/2022 01:30 PM in Oakland, - Videoconference Only before Judge Phyllis J. Hamilton. Responses due by 10/19/2022. Replies due by 10/26/2022. (Attachments: # 1 Proposed Order)(Lederman, Rachel) (Filed on 10/5/2022) Modified on 10/5/2022 (kc, COURT STAFF). (Entered: 10/05/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER

Set Deadlines as to 70 MOTION for Leave to File Amended Complaint Naming Does. Opposition due by 10/14/2022. Reply due by 10/21/2022. Motion Hearing set for 11/10/2022 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. (kc, COURT STAFF) (Filed on 10/5/2022)

Oct. 5, 2022

Oct. 5, 2022

PACER

Set Motion and Deadlines/Hearings

Oct. 5, 2022

Oct. 5, 2022

PACER

Set Deadlines/Hearings

Oct. 11, 2022

Oct. 11, 2022

PACER
72

DEFENDANTS' OPPOSITION To Motion To Leave To Amend Complaint To Name Doe Defendants re 70 MOTION for Leave to File Amended Complaint Naming Does filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Huang, James) (Filed on 10/14/2022) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
73

REPLY (re 70 MOTION for Leave to File Amended Complaint Naming Does ) filed byM. Michael Acosta, Peter Allen, Joseph Canas, Shaunn Cartwright, Cindy Cuellar, Jose Gustavo Flores Rodriguez, Alex Lee, Joseph Maldonado, NAACP of San Jose/ Silicon Valley, Mahmoudreza Naemeh, Yessica Riles, San Jose Peace and Justice Center, Megan Swift, Leslie Vasquez. (Attachments: # 1 Exhibit Proposed Corrected Amended Complaint)(Lederman, Rachel) (Filed on 10/21/2022) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
74

NOTICE of Appearance by James Huang NOTICE OF APPEARANCE (Huang, James) (Filed on 10/24/2022) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
75

***DISREGARD, ENTERED IN ERROR. SEE DOCKET 76 FOR CORRECTED ENTRY.***Joint Discovery Letter BriefRe: DISCOVERY DISPUTE CONCERNING PLAINTIFF'S INTERROGATORY RESPONSES filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Huang, James) (Filed on 10/26/2022) Modified on 10/27/2022 (kc, COURT STAFF). (Entered: 10/26/2022)

Oct. 26, 2022

Oct. 26, 2022

PACER
76

Joint Discovery Letter Brief re: DISCOVERY DISPUTE CONCERNING PLAINTIFF'S INTERROGATORY RESPONSES filed by City Of San Jose, Sean Michael Curry, FNU Delgado, Jason Dwyer, Edgardo Garcia, Sam Liccardo, Ronnie A. Lopez, David Sykes, Lee Tassio, Jared Yuen. (Huang, James) (Filed on 10/27/2022) Modified on 10/27/2022 (kc, COURT STAFF). (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Disability Rights

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 2021

Closing Date: Aug. 29, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

NAACP and individual protestors

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Mayor of San Jose (San Jose), City

San Jose Police Chief (San Jose), City

San Jose, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

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

Constitutional Clause(s):

Due Process: Substantive Due Process

Unreasonable search and seizure

Free Exercise Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $3.35 million

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Pattern or Practice

Personal injury

Racial profiling

Policing:

Excessive force

False arrest

Pepper/OC Spray (policing)

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

disability, unspecified

Discrimination-basis:

Race discrimination

Race:

Black