Case: Chang v. County of Siskiyou

2:22-cv-01378 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 3, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 3, 2022, four plaintiffs seeking to represent the thousands of Hmong and Asian residents of Siskiyou County, California, filed a putative class action lawsuit in the United States District Court for the Eastern District of California. They were represented by the ACLU of Northern California, the Asian Americans Advancing Justice — Asian Law Caucus, and private counsel. Magistrate Judge Deborah Barnes was assigned to the case.  The plaintiffs sued Siskiyou County and its sheriff under …

On August 3, 2022, four plaintiffs seeking to represent the thousands of Hmong and Asian residents of Siskiyou County, California, filed a putative class action lawsuit in the United States District Court for the Eastern District of California. They were represented by the ACLU of Northern California, the Asian Americans Advancing Justice — Asian Law Caucus, and private counsel. Magistrate Judge Deborah Barnes was assigned to the case. 

The plaintiffs sued Siskiyou County and its sheriff under 42 USC § 1983, alleging violations of the Fourth Amendment's search and seizure clause, Fourteenth Amendment's substantive due process and equal protections clauses, and state law. Plaintiffs argued that the county and its sheriff conspired to make Siskiyou County inhospitable to Asians. Specifically, they alleged that the sheriff disproportionately targeted Asian drivers for traffic stops, the county passed discriminatory water ordinances in Asian neighborhoods, and the county selectively imposed steep cannabis fines and unjust liens on Asian property owners. The plaintiffs sought declaratory judgment, an injunction that would prohibit the county's discriminatory policies, practices, and customs, and attorneys' fees.

On September 16, 2022, Chief District Judge Kimberly Jo Mueller ordered the reassignment of this case to herself and Magistrate Judge Allison Clair because it involved similar questions of fact and law as Lo v. County of Siskiyou, to which Judge Mueller was already assigned.

As of November 2022, this case is still ongoing.

Summary Authors

Jerry Lan (10/5/2022)

Related Cases

Lo v. County of Siskiyou, Eastern District of California (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64870069/parties/chang-v-county-of-siskiyou/


Attorney for Plaintiff

Do, John Thomas (California)

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Documents in the Clearinghouse

Document
1

2:22-at-00807

2:22-cv-01378

Class Action Complaint

Ger Chong Ze Chang v. County of Siskiyou

Aug. 3, 2022

Aug. 3, 2022

Complaint
9

2:22-cv-01378

Related Case Order

Sept. 16, 2022

Sept. 16, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64870069/chang-v-county-of-siskiyou/

Last updated July 11, 2023, 10:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Attorney Do, John Thomas H. added. (Filing fee $ 402, receipt number BCAEDC-10363547) (Do, John Thomas) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

Clearinghouse
2

CIVIL COVER SHEET by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang (Do, John Thomas) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
3

(DISREGARD; REFER TO AMENDED FILING AT ECF NO. 6 ) NOTICE of RELATED CASE(S) 2:21-cv-00999-KJM-AC by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. (Do, John Thomas) (Docket Text Modified on 8/26/2022 by C. Schultz: Disregard Language Added.) (Entered: 08/03/2022)

Aug. 3, 2022

Aug. 3, 2022

PACER
4

SUMMONS ISSUED as to *County of Siskiyou, Jeremiah LaRue* with answer to complaint due within *21* days. Attorney *John Thomas H. Do* *American Civil Liberties Union Foundation of Northern California* *39 Brumm Street* *San Francisco, California 94111*. (Reader, L) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Reader, L) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
6

NOTICE of RELATED CASE(S) 2:21-cv-00999-KJM-AC by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang. (Do, John Thomas) (Entered: 08/12/2022)

Aug. 12, 2022

Aug. 12, 2022

PACER
7

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, Mai Nou Vang for attorney Silvia Wu to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10415532) (Attachments: # 1 Certificate of Good Standing)(Young, Stanley) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
8

ORDER signed by Magistrate Judge Deborah Barnes on 9/9/2022 GRANTING 7 Application for Pro Hac Vice. Added attorney Silvia Wu, PHV for Ger Chong Ze Chang, Russell Mathis, Ying Susanna Va, and Mai Nou Vang. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Perdue, C.) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
9

RELATED CASE ORDER signed by Chief District Judge Kimberly J. Mueller on 9/15/2022 REASSIGNING CASE 2:22-cv-01378-DB to Chief District Judge Kimberly J. Mueller and Magistrate Judge Allison Claire for all further proceedings. Magistrate Judge Deborah Barnes no longer assigned to case. New Case Number: 2:22-cv-01378-KJM-AC. (Coll, A) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

Clearinghouse
10

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/9/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Coll, A) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
12

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 10/25/2022 ORDERING defendants may have until 11/14/2022 to file a responsive pleading to plaintiff's complaint. (Zignago, K.)

Oct. 26, 2022

Oct. 26, 2022

RECAP
16

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/29/22 ORDERING that defendants shall file their response to Plaintiffs' Complaint by 12/12/22. (Kastilahn, A)

Nov. 29, 2022

Nov. 29, 2022

RECAP
19

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 12/28/22 STAYING all related cases until 02/28/23 unless requested to be lifted earlier.; VACATING all pretrial deadlines, conferences, and hearings; REFERRING case to Magi strate Judge Allison Claire for settlement; EXTENDING defendants' time to respond to the Chang Complaint to 14 days following the date the stay is lifted. Defendants shall instruct their employees within 10 days, to REFRAIN from enforcing or t hreatening enforcement of liens during the pendency of the stay and for 30 days thereafter. Defendants shall not issue any further liens or enforce any such existing liens, or otherwise foreclose on any properties pursuant to such liens until 30 days following the end of the stay.(Licea Chavez, V)

Dec. 28, 2022

Dec. 28, 2022

RECAP
20

Notice of Submission of Confidential Settlement Statement

Jan. 17, 2023

Jan. 17, 2023

PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

Jan. 23, 2023

Jan. 23, 2023

PACER
22

Notice of Appearance

Feb. 2, 2023

Feb. 2, 2023

PACER
24

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 03/02/23 EXTENDING the Stay to 03/14/23 and any deadlines provided therein are correspondingly extended. (Licea Chavez, V)

March 2, 2023

March 2, 2023

RECAP

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

March 6, 2023

March 6, 2023

PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Settlement Conference

March 27, 2023

March 27, 2023

PACER

Settlement Conference

May 12, 2023

May 12, 2023

PACER
29

ORDER signed by Chief District Judge Kimberly J. Mueller on 06/01/23 EXTENDING the Stay to 03/14/23 and any deadlines provided therein are correspondingly extended.The provisions of paragraph 5 of the Court's 19 Order (relating to lien enforcement) are amended to substitute "60 days" in place of "30 days," as previously occurred with the Court's 24 Order. (Licea Chavez, V) (Main Document 29 replaced on 6/1/2023) (Licea Chavez, V).

June 1, 2023

June 1, 2023

RECAP
32

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 06/21/23 the Stay to 07/24/23 and any deadlines provided therein are correspondingly extended. The provisions of paragraph 5 of the Court's 19 Order (relating to lien enforcement) are amended to substitute "60 days" in place of "30 days," as previously occurred with the Court's 24 Order(Licea Chavez, V)

June 21, 2023

June 21, 2023

RECAP
33

Notice of Appearance

June 23, 2023

June 23, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 3, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four plaintiffs seeking to represent the thousands of Hmong and other Asian residents of Siskiyou County, California, filed a putative class action lawsuit against the county, alleging discrimination against Asians.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Siskiyou County, County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Racial profiling

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected Race(s):

Asian/Pacific Islander