Case: White v. Sacramento Police Department

2:21-cv-02211 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was filed by racial justice protesters for alleged abuse during the Black Lives Matter protests in 2020 and continued violence during the January 2021 protests at the California State Capitol, where the plaintiffs alleged white supremacist and pro-police groups were allowed to demonstrate unharmed while the police inflicted violence on residents who showed up to support Black lives. On November 30, 2021, an individual woman filed this lawsuit in the Eastern District of California. The…

This case was filed by racial justice protesters for alleged abuse during the Black Lives Matter protests in 2020 and continued violence during the January 2021 protests at the California State Capitol, where the plaintiffs alleged white supremacist and pro-police groups were allowed to demonstrate unharmed while the police inflicted violence on residents who showed up to support Black lives. On November 30, 2021, an individual woman filed this lawsuit in the Eastern District of California. The plaintiff sued the Sacramento Police Department and the City of Sacramento under state law and the First, Fourth, and Fourteenth Amendments to the United States Constitution. Represented by private and public interest counsel, the plaintiff sought declaratory, injunctive, and monetary relief, claiming that the Sacramento P.D.’s use of force against her in response to her peacefully protesting violated her First Amendment right to free speech, the Fourth Amendment prohibition on the use of excessive force, the Equal Protection Clause of the Fourteenth Amendment, as well as state law, including assault and battery, negligence, and violations of the California constitution. Upon filing, the case was assigned to District Judge John A. Mendez.

The plaintiff filed an amended complaint one month after the initial complaint was filed. The amended complaint included an additional five plaintiffs, all of whom alleged negative and/or violent interactions with Sacramento police. In mid-February 2022, the City of Sacramento filed a motion to dismiss the lawsuit. As of May 2022, the District Court has yet to rule on this motion. The case remains ongoing.

Summary Authors

Jane Fisher (5/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61588273/parties/white-v-sacramento-police-department/

Documents in the Clearinghouse

Document
1

Complaint

Nov. 30, 2021 None
4

Amended Complaint

Dec. 30, 2021 None

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61588273/white-v-sacramento-police-department/

Last updated May 16, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants by Megan White. Attorney Flynn, John P. added. (Filing fee $ 402, receipt number ACAEDC-9951207) (Attachments: # 1 Civil Cover Sheet)(Flynn, John) (Entered: 11/30/2021)

1 Civil Cover Sheet

View on PACER

Nov. 30, 2021 RECAP
2

SUMMONS ISSUED as to *Daniel Hahn, Sacramento Police Department, The City of Sacramento* with answer to complaint due within *21* days. Attorney *John P. Flynn* *Wilson Sonsini Goodrich & Rosati P.C.* *One Market Plaza, Spear Tower, Suite 3300* *San Francisco, CA 94105*. (Mena-Sanchez, L) (Entered: 12/01/2021)

Dec. 1, 2021 PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Civil Cover Sheet, # 2 Order re Filing Requirements, # 3 VDRP) (Mena-Sanchez, L) (Entered: 12/01/2021)

Dec. 1, 2021 PACER
4

FIRST AMENDED COMPLAINT against All Defendants by Megan White et al. Attorney Flynn, John P. added.(Flynn, John) (Entered: 12/30/2021)

Dec. 30, 2021 RECAP
5

STIPULATION FOR EXTENSION OF TIME to respond to the 4 First Amended Complaint by all defendants. Attorney Day, Matthew Robert ADDED. (Day, Matthew) (Entered: 01/21/2022)

Jan. 21, 2022 PACER
6

NOTICE of APPEARANCE by Tifanei Ressl-Moyer on behalf of Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata. Attorney Ressl-Moyer, Tifanei added. (Attachments: # 1 Certificate of Service)(Ressl-Moyer, Tifanei) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
7

NOTICE of APPEARANCE by Lauren Carbajal on behalf of Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata. Attorney Carbajal, Lauren added. (Attachments: # 1 Certificate of Service)(Carbajal, Lauren) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
8

SUMMONS RETURNED EXECUTED: The City of Sacramento served on 1/6/2022, answer due 1/27/2022. (Flynn, John) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
9

SUMMONS RETURNED EXECUTED: Sacramento Police Department served on 1/6/2022, answer due 1/27/2022. (Flynn, John) (Entered: 01/24/2022)

Jan. 24, 2022 PACER
10

NOTICE of APPEARANCE by Maria Gonzalez Morales on behalf of Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata. Attorney Gonzalez Morales, Maria added. (Gonzalez Morales, Maria) (Entered: 01/26/2022)

Jan. 26, 2022 PACER
11

NOTICE of APPEARANCE by Elizabeth A. Ballart on behalf of Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata. Attorney Ballart, Elizabeth A. added. (Ballart, Elizabeth) (Entered: 01/26/2022)

Jan. 26, 2022 PACER
12

NOTICE of Withdrawal of Attorney John P. Flynn by All Plaintiffs. (Flynn, John) (Entered: 01/31/2022)

Jan. 31, 2022 PACER
13

NOTICE of Withdrawal of Attorney Colleen Bal by All Plaintiffs. Attorney Bal, Colleen added. (Bal, Colleen) (Entered: 01/31/2022)

Jan. 31, 2022 PACER
14

MOTION to DISMISS by Daniel Hahn, The City of Sacramento. Motion Hearing set for 4/19/2022 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Day, Matthew) (Entered: 02/17/2022)

Feb. 17, 2022 PACER
15

JOINT STATUS REPORT by Plaintiffs. (Gonzalez Morales, Maria) Modified on 3/8/2022 (Mena-Sanchez, L). (Entered: 03/07/2022)

March 7, 2022 PACER
16

MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 3/7/2022: The parties are ORDERED to file an updated Joint Status Report pursuant to the provisions of F.R.Cv.P. 16 and 26, in accordance with Local Rule 240 and the Court's Order Requiring Service of Process and Joint Status Report, within thirty (30) days after the Court's ruling on Defendants' pending 14 Motion to Dismiss. [TEXT ENTRY ONLY] (Michel, G.) (Entered: 03/07/2022)

March 7, 2022 PACER

Minute Order

March 7, 2022 PACER
17

OPPOSITION by Plaintiffs Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata to 14 Motion to Dismiss. (Gonzalez Morales, Maria) (Entered: 03/10/2022)

March 10, 2022 PACER
18

DECLARATION of Tifanei Ressl-Moyer re 17 Opposition. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F)(Gonzalez Morales, Maria) (Entered: 03/10/2022)

March 10, 2022 PACER
19

EXHIBIT D in support of 18 Declaration by Jeronimo Aguilar, Nicollette Jones, Loren Wayne Kidd, Lyric Nash, Megan White, Odette Zapata. (Gonzalez Morales, Maria) Modified on 3/14/2022 (Reader, L). (Entered: 03/14/2022)

March 14, 2022 PACER
20

REPLY by Daniel Hahn, The City of Sacramento to RESPONSE to 14 Motion to Dismiss. (Day, Matthew) (Entered: 04/08/2022)

April 8, 2022 PACER
21

MINUTE ORDER issued by Courtroom Deputy G. Michel for District Judge John A. Mendez on 4/14/2022: The motion now calendared for 4/19/2022 is SUBMITTED without appearance and without oral argument pursuant to Local Rule 230(g). As such, the hearing on said motion is VACATED. If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. IT IS SO ORDERED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 04/14/2022)

April 14, 2022 PACER

~Util - Motions Submitted/Under Advisement AND Minute Order AND ~Util - 1 Terminate Deadlines and Hearings

April 14, 2022 PACER

~Util - 1 Terminate Deadlines and Hearings AND ~Util - Motions Submitted/Under Advisement AND Minute Order

April 14, 2022 PACER

~Util - Motions Submitted/Under Advisement AND ~Util - 1 Terminate Deadlines and Hearings AND Minute Order

April 14, 2022 PACER

State / Territory: California

Case Type(s):

Policing

Key Dates

Filing Date: Dec. 30, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six individuals alleging brutality by Sacramento P.D. in response to their protesting for racial justice during or after the 2020 Black Lives Matter protests in Sacramento, CA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Sacramento (Sacramento, Sacramento), City

Sacramento Police Department (Sacramento, Sacramento), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Aggressive behavior

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Pepper/OC spray

Racial profiling

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Race, unspecified