Case: Fund for Empowerment v. City of Phoenix

2:22-cv-02041 | U.S. District Court for the District of Arizona

Filed Date: Nov. 30, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a challenge to Phoenix’s policies policing homelessness and the City’s treatment of unsheltered individuals concerning unreasonable seizure and destruction of property during “homeless sweeps.” On November 30, 2023, the Fund for Empowerment (FFE) and two individual plaintiffs filed this lawsuit in the U.S. District court for the District of Arizona. Defendants included the City of Phoenix and police officials in their official capacities. Represented by the ACLU of Arizona, plaintiffs s…

This is a challenge to Phoenix’s policies policing homelessness and the City’s treatment of unsheltered individuals concerning unreasonable seizure and destruction of property during “homeless sweeps.” On November 30, 2023, the Fund for Empowerment (FFE) and two individual plaintiffs filed this lawsuit in the U.S. District court for the District of Arizona. Defendants included the City of Phoenix and police officials in their official capacities. Represented by the ACLU of Arizona, plaintiffs sued under 42 U.S.C. § 1983 and Monell for violations of their civil rights under the Fourth, Eighth, and Fourteenth Amendments. Plaintiffs sought declaratory relief against city codes banning unsheltered people from sleeping in public places, an injunction against the City’s raids on homeless encampments, and attorney’s fees. Plaintiffs claimed that the defendants discriminated against the unsheltered community of Phoenix in various ways as follows:

First, plaintiffs alleged their Fourth and Fourteenth Amendment rights, the latter under the Due Process Clause, were violated during the City’s campaign of “clean sweep” raids targeting the unsheltered community. During such raids, the defendants indiscriminately seized and destroyed personal property of unsheltered individuals without cause, warrant, or due process. Plaintiffs further asserted that defendants’ actions violated plaintiffs’ Fourteenth Amendment rights under the Due Process Clause by forcing the unsheltered community into danger in “the Zone,” an over-crowded downtown city area that is unshaded and reaches temperatures as high as 118’F. Additionally, the plaintiffs asserted in their Eighth Amendment claim that such raids criminalize and punish the population based on their status as unsheltered, while knowing that the city lacks proper affordable housing and emergency shelter to serve as alternative relief. Finally, they asserted in a Monell claim that the defendants knowingly used city ordinances § 23-30(A) (“Camping Ban”) and § 23-48.01 (“Sleeping Ban”) to penalize residents for engaging in unavoidable human activities like sleeping in public while unhoused. The case was originally assigned to District Judge John J. Tuchi and re-assigned to District Judge G. Murray Snow on December 16, 2023. A month after filing the initial complaint, the plaintiffs submitted an amended complaint on January 13, 2023, adding another individual plaintiff to the suit. 

On the same day as filing their complaint, the plaintiffs also filed a Motion for Preliminary Injunction, requesting that the court enjoin the City from beginning “enhanced sweeps” of the Zone. On December 16, 2022, the court granted and denied the motion in part. The judge enjoined the City from seizing and destroying any property of unsheltered individuals without providing prior notice, or securely maintaining it for a minimum of 30 days, because the Fourth Amendment’s Due Process Clause prohibits unreasonable searches and seizures. The judge also enjoined the City from enforcing the Camping and Sleeping Bans because the Eighth Amendment prohibits the state from imposing criminal penalties for conduct on public property that is an unavoidable consequence of being homeless. However, the judge declined to enjoin the City from moving forward with its new enhanced cleanups of the Zone, because plaintiffs failed to demonstrate that the City intends to execute this plan by unconstitutional means. 

As of February 13, 2023, the parties are in settlement negotiations but the case is currently ongoing.

Summary Authors

Michelle Kung (3/16/2023)

Documents in the Clearinghouse

Document
1

2:22-cv-02041

Complaint for Declaratory and Injunctive Relief

Nov. 30, 2022

Nov. 30, 2022

Complaint
32

2:22-cv-02041

Order

Dec. 15, 2022

Dec. 15, 2022

Order/Opinion
34

2:22-cv-02041

Order

Dec. 16, 2022

Dec. 16, 2022

Order/Opinion
45

2:22-cv-02041

First Amended Complaint for Declaratory and Injunctive Relief

Jan. 13, 2023

Jan. 13, 2023

Complaint
49

2:22-cv-02041

Order

Jan. 27, 2023

Jan. 27, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66581672/fund-for-empowerment-v-phoenix-city-of/

Last updated March 10, 2023, 2:42 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21360151 filed by Fund for Empowerment, Frank Urban, Faith Kearns. (Rundall, Benjamin) (Attachments: # 1 Civil Cover Sheet)(MYE) (Entered: 12/01/2022)

Nov. 30, 2022

Nov. 30, 2022

Clearinghouse
2

MOTION for Preliminary Injunction, Request for Expedited Hearing, and Memorandum of Points and Authorities by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: # 1 Exhibit 1-7 in support of Motion for Preliminary Injunction, # 2 Proposed Order re Expedited Hearing, # 3 Proposed Order re Motion for Preliminary Injunction)(MYE) (Entered: 12/01/2022)

1 Exhibit 1-7 in support of Motion for Preliminary Injunction

View on RECAP

2 Proposed Order re Expedited Hearing

View on PACER

3 Proposed Order re Motion for Preliminary Injunction

View on PACER

Nov. 30, 2022

Nov. 30, 2022

PACER
3

SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Attachments: # 1 Summons, # 2 Summons)(MYE) (Entered: 12/01/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
4

Corporate Disclosure Statement by Fund for Empowerment. (Rundall, Benjamin) (MYE) (Entered: 12/01/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
5

Filing fee paid, receipt number AAZDC-21360151. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-2041-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 12/01/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER
6

Summons Issued as to Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Summons, # 2 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
7

ORDER: IT IS HEREBY ORDERED that Plaintiffs shall serve upon the known Defendants copies of the Complaint, Motion, Summons (Docs. 1, 2, 6 ) and this Order by no later than 5:00 PM (Arizona time), today, December 2, 2022. Plaintiffs shall file a certificate of service on the docket by no later than 12 noon (Arizona time) Saturday, December 3, 2022. IT IS FURTHER ORDERED that Defendants shall file a Response to Plaintiffs' Motion for a Temporary Restraining Order (Doc. 2 ) by no later than 5:00 PM (Arizona time), December 9, 2022. IT IS FURTHER ORDERED that Plaintiffs shall file any Reply to Defendants' Response no later than 5:00 PM (Arizona time), December 12, 2022. IT IS FURTHER ORDERED setting a hearing on the Preliminary Injunction Motion Wednesday, December 14, 2022, from 9:00 AM to 11:30 AM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Each side shall have 75 minutes to present whatever evidence or arguments they wish to present. IT IS FURTHER ORDERED that the parties shall jointly prepare and file a pre-hearing statement by no later than 10:00 AM (Arizona time), December 13, 2022. (See attached Order for complete details). Signed by Judge John J Tuchi on 12/2/2022. (JAMA) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
8

SUMMONS Submitted by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
9

Summons Issued as to Phoenix, City of. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
10

SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motions, Order upon City of Phoenix on 12/2/2022. (Rundall, Benjamin) Modified text on 12/5/2022 (WLP). (Entered: 12/03/2022)

Dec. 3, 2022

Dec. 3, 2022

PACER
11

SERVICE EXECUTED filed by Fund for Empowerment, Faith Kearns, Frank Urban: Proof of Service re: Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) upon Michael Sullivan, Interim Chief of Police on December 2, 2022. (Rundall, Benjamin) (Entered: 12/03/2022)

Dec. 3, 2022

Dec. 3, 2022

PACER
12

Service Returned Unexecuted by Fund for Empowerment, Faith Kearns, Frank Urban : Summons, Complaint, Motion for Preliminary Injunction with Exhibits, Court Order (Doc. 7) as to Jeri L. Williams. (Rundall, Benjamin) (Entered: 12/03/2022)

Dec. 3, 2022

Dec. 3, 2022

PACER
13

NOTICE of Appearance by Aaron Dean Arnson on behalf of Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit Exhibit 1)(Arnson, Aaron) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
14

ORDER that this matter be directly reassigned, pursuant to LRCiv 3.7(a)(1), to the Honorable G. Murray Snow. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-22-02041-PHX-GMS. Signed by Judge John J Tuchi on 12/8/2022. (WLP) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
15

ORDER re: 13 Defendant City of Phoenix's Request for Emergency Status Conference. IT IS ORDERED setting this matter for an in-person Status Conference on 12/12/2022 at 3:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. Signed by Chief Judge G Murray Snow on 12/9/2022. (KFZ) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

RECAP
16

NOTICE re: Notice of Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: 7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

RECAP
17

*Additional Attachments to Main Document re: 16 Notice by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) *Modified from lodged to additional attachment on 12/12/2022 (DXD). (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

RECAP
18

RESPONSE to Motion re: 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference filed by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Arnson, Aaron) (Entered: 12/09/2022)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

Dec. 9, 2022

Dec. 9, 2022

RECAP
19

IT IS ORDERED resetting the Status Conference presently set for 12/12/2022 at 3:30 p.m. to 4:00 p.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G. Murray Snow. THIS IS A TIME CHANGE ONLY!!!! Ordered by Chief Judge G. Murray Snow. (VLG)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 12/11/2022)

Dec. 11, 2022

Dec. 11, 2022

PACER

Time Change Only - Hearing

Dec. 11, 2022

Dec. 11, 2022

PACER
20

MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order)(Rundall, Benjamin) (Entered: 12/12/2022)

1 Proposed Order

View on PACER

Dec. 12, 2022

Dec. 12, 2022

PACER
21

Filed at 24 pursuant to 23 -- LODGED Proposed Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction re: 20 MOTION for Leave to File Excess Pages for Plaintiffs' Motion to Exceed Page Limit for Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction, 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) Modified on 12/13/2022 (WLP). (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

RECAP
22

ORDER scheduling the in-person hearing for the preliminary injunction for Wednesday, 12/14/2022 at 03:00 PM, Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. FURTHER ORDERED that any supplemental declarations shall be filed no later than 12/13/2022 at 12:00 PM. [See the attached order for additional information.] Signed by Chief Judge G. Murray Snow on 12/12/2022. (RMW) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

RECAP
28

MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Status Hearing held on 12/12/2022. Discussion held regarding the status of the case and the Preliminary Injunction Hearing. The Court sets the matter for hearing. Separate Order to issue. The Court admonishes the parties that if a witness does not show up for the preliminary injunction hearing, the Court will not consider their Affidavit. The parties agree to waive the requirement for a pre-hearing statement. APPEARANCES: Jared Keenan and Benjamin Rundall for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants (Court Reporter Teri Veres.) Hearing held 4:06 pm to 4:25 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW) (Entered: 12/13/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
23

ORDER granting 20 Motion for Leave to File Excess Pages. IT IS FURTHER ORDERED directing the Clerk of the Court to file Plaintiffs' Reply lodged at Doc. 21 . Signed by Chief Judge G Murray Snow on 12/12/2022. (WLP) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
24

REPLY to Response to Motion re: 2 MOTION for Preliminary Injunction, MOTION for Hearing or Conference filed by Fund for Empowerment, Faith Kearns, Frank Urban. (WLP) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
25

NOTICE re: Notice of Amended Supplemental Declaration in Support of Plaintiffs' Motion for Preliminary Injunction by Fund for Empowerment, Faith Kearns, Frank Urban re: 22 Order,, Set/Reset Hearings, 17 Lodged Proposed Document, 16 Notice (Other), 2 MOTION for Preliminary Injunction MOTION for Hearing or Conference . (Rundall, Benjamin) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
26

Additional Attachments to Main Document re: 25 Notice (Other), Amended Declaration from Ronnie Lee Massingille dated December 13, 2022 by Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. (Rundall, Benjamin) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
27

NOTICE re: re Supplemental Declaration by Phoenix, City of, Michael Sullivan, Jeri Williams re: 22 Order,, Set/Reset Hearings, . (Attachments: # 1 Attachment Freudenthal Supplemental Declaration)(Arnson, Aaron) (Entered: 12/13/2022)

1 Attachment Freudenthal Supplemental Declaration

View on PACER

Dec. 13, 2022

Dec. 13, 2022

PACER
29

STATEMENT of Joint Pre-Hearing Statement re: 7 Order,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,, Set Motion Hearing,,,,, by Defendants Phoenix, City of, Michael Sullivan, Jeri Williams. (Arnson, Aaron) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP

~Util - Set/Reset Deadlines/Hearings AND 1 - Common Prompts (Text Only) AND Status Conference

Dec. 13, 2022

Dec. 13, 2022

PACER

1 - Common Prompts (Text Only) AND ~Util - Set/Reset Deadlines/Hearings AND Status Conference

Dec. 13, 2022

Dec. 13, 2022

PACER

1 - Common Prompts (Text Only) AND Status Conference AND ~Util - Set/Reset Deadlines/Hearings

Dec. 13, 2022

Dec. 13, 2022

PACER
30

MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Preliminary Injunction Hearing held on 12/14/2022. Rachel Milne is sworn, examined and excused. Scott Hall is sworn, examined and excused. Ronnie Lee Massingille is sworn, examined and excused. Brian Freudenthal is sworn, examined and excused. Argument presented. IT IS ORDERED taking under advisement 2 Motion for Preliminary Injunction. APPEARANCES: Benjamin Rundall, Jared Keenan, Edward Hermes and Delilah Cassidy for Plaintiffs. Aaron Arnson and Trish Stuhan for Defendants. (Court Reporter Teri Veres.) Hearing held 3:05 PM to 4:52 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
31

MOTION for Leave to File amicus brief by Freddy Brown. (Attachments: # 1 Exhibit, # 2 Attachment Proposed Amicus Brief)(Tully, Stephen) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
32

ORDER that Plaintiffs' Motion for Preliminary Injunction (Doc. 2 ) is granted in part and denied in part. FURTHER ORDERED granting that the City, its agents and employees, are preliminarily enjoined from doing any of the following (see order for details). FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. FURTHER ORDERED that the Motion for Leave to File amicus brief by Freddy Brown (Doc. 31 ) is granted. Signed by Chief Judge G. Murray Snow on 12/15/22. (NKS) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

Clearinghouse

1 - Common Prompts (Text Only) AND Preliminary/Permanent Injunction Hearing AND Order on Motion for Preliminary Injunction AND Order on Motion for Hearing

Dec. 15, 2022

Dec. 15, 2022

PACER

Preliminary/Permanent Injunction Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Hearing AND Order on Motion for Preliminary Injunction

Dec. 15, 2022

Dec. 15, 2022

PACER

1 - Common Prompts (Text Only) AND Order on Motion for Preliminary Injunction AND Preliminary/Permanent Injunction Hearing AND Order on Motion for Hearing

Dec. 15, 2022

Dec. 15, 2022

PACER

Preliminary/Permanent Injunction Hearing AND Order on Motion for Hearing AND 1 - Common Prompts (Text Only) AND Order on Motion for Preliminary Injunction

Dec. 15, 2022

Dec. 15, 2022

PACER
33

BRIEF in Opposition of Plaintiffs' 2 Request for Preliminary Injunction by Amicus Freddy Brown. (NKS) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER
34

ORDER that the Motion for Preliminary Injunction (Doc. 2 ) is GRANTED in part and DENIED in part. FURTHER ORDERED that the City, its agents and employees, are preliminarily enjoined from doing any of the following: 1) Enforcing the Camping and Sleeping Bans against individuals who practically cannot obtain shelter as long as there are more unsheltered individuals in Phoenix than there are shelter beds available; 2) Seizing any property of the unsheltered without providing prior notice at the property's location that the property will be seized, unless the agent or employee has an objectively reasonable belief that it is (a) abandoned, (b) presents an immediate threat to public health or safety, or (c) is evidence of a crime or contraband; and 3) Absent an immediate threat to public health or safety, destroying said property without maintaining it in a secure location for a period of less than 30 days. FURTHER ORDERED that if property is seized pursuant to a belief that it was abandoned or after the City provides notice that it intends to seize the property, the City, its agents and employees, are further required to provide a notice at the location from which the property was seized, calculated to be readily seen by any owner of the property, describing how and where to retrieve the property and the deadline for retrieving it. See order for complete details. Signed by Chief Judge G. Murray Snow on 12/16/22. (NKS) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

Clearinghouse
35

ORDER: Motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. See Order for further information. Signed by Chief Judge G Murray Snow on 12/16/2022. (CLM) (Entered: 12/19/2022)

Dec. 19, 2022

Dec. 19, 2022

RECAP
36

TRANSCRIPT REQUEST by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
37

TRANSCRIPT REQUEST by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/12/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/23/2022)

Dec. 23, 2022

Dec. 23, 2022

PACER
38

ORDER TO SHOW CAUSE. IT IS ORDERED that Plaintiffs show cause no later than January 4, 2023, as to why this action should not be dismissed for failure to prosecute, unless before then default has been entered or a responsive pleading has been filed. FURTHER ORDERED if Plaintiffs fail to comply with this order, the Clerk of Court shall dismiss this action on January 5, 2023, for Plaintiffs' lack of prosecution pursuant to Rule 41(b), Fed. R. Civ. P., and LRCiv 41.1. Signed by Chief Judge G Murray Snow on 12/27/2022. (KFZ) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER
39

TRANSCRIPT REQUEST (CORRECTED) by Jon Powell of Spertus, Landes & Umhofer, LLP for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (RAP) (Entered: 12/27/2022)

Dec. 27, 2022

Dec. 27, 2022

PACER
40

STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order PROPOSED ORDER RE STIPULATION AND JOINT MOTION RE FILING OF AMENDED COMPLAINT AND RESPONSE THERETO)(Cassidy, Delilah) (Entered: 12/28/2022)

Dec. 28, 2022

Dec. 28, 2022

PACER
41

ORDER granting the parties' Stipulation and Joint Motion 40 . Plaintiffs have through and including January 13, 2023 in which to file an amended complaint. Defendants' responsive pleading to the amended complaint, or complaint if not amended, on or before January 27, 2023. IT IS FURTHER ORDERED discharging the Court's December 27, 2022 Order to Show Cause 38 . Signed by Chief Judge G Murray Snow on 12/29/2022. (REK) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER
42

TRANSCRIPT REQUEST (CORRECTED) by Acrivi Coromelas of the US Department of Justice - Washington, DC for proceedings held on 12/14/2022, Judge G Murray Snow hearing judge(s). (SCH) (Entered: 01/03/2023)

Jan. 3, 2023

Jan. 3, 2023

PACER

Remark: Pro hac vice motion(s) granted for Scout Katovich on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 5, 2023

Jan. 5, 2023

PACER

Remark re Pro Hac Vice Motion

Jan. 5, 2023

Jan. 5, 2023

PACER
43

*MOTION to Withdraw as Attorney as Co-Counsel with Client Consent by Fund for Empowerment, Faith Kearns, Frank Urban. (Attachments: # 1 Proposed Order)(Hembd, Brian) *Modified to correct motion type and text on 1/6/2023 (REK). (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
44

ORDER granting the Application (Doc. 43 ) and withdrawing Dickinson Wright as Co- Counsel for Plaintiffs. Plaintiffs shall continue to be contacted through and represented by Benjamin L. Rundall, Jared Keenan, Christine Wee of the American Civil Liberties Union Foundation of Arizona and Edward J. Hermes and Delilah R. Cassidy of Snell & Wilmer. Signed by Chief Judge G Murray Snow on 1/06/2023. (REK) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

RECAP
45

AMENDED COMPLAINT First Amended Complaint for Declaratory and Injunctive against All Defendants filed by Fund for Empowerment, Frank Urban, Faith Kearns.(Rundall, Benjamin) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

Clearinghouse
46

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Fund for Empowerment, Faith Kearns, Frank Urban . (Attachments: # 1 Exhibit 1 - First Amended Complaint [Redline])(Rundall, Benjamin) (Entered: 01/13/2023)

1 Exhibit 1 - First Amended Complaint [Redline]

View on PACER

Jan. 13, 2023

Jan. 13, 2023

PACER
47

Joint MOTION to Stay by Phoenix, City of, Michael Sullivan, Jeri Williams. (Attachments: # 1 Proposed Order)(Arnson, Aaron) (Entered: 01/25/2023)

1 Proposed Order

View on PACER

Jan. 25, 2023

Jan. 25, 2023

RECAP
48

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 12/14/2022, before Chief Judge G. MURRAY SNOW. [Court Reporter: Teri Veres, RMR, CRR, Telephone number (602) 322-7251]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 2/16/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/26/2023. (RAP) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

PACER

Remark: Pro hac vice motion(s) granted for Leah Watson on behalf of Plaintiffs Fund for Empowerment, Faith Kearns, Frank Urban. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 26, 2023

Jan. 26, 2023

PACER

Remark re Pro Hac Vice Motion

Jan. 26, 2023

Jan. 26, 2023

PACER
49

ORDER denying the parties' Joint Motion to Stay Proceedings 47 . FURTHER ORDERED Defendants' responsive pleading deadline is extended to February 10, 2023. FURTHER ORDERED the parties shall file a Joint Status Report within 14 days of the March 29, 2023, mediation. Signed by Chief Judge G Murray Snow on 1/27/2023. (KFZ) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

Clearinghouse
50

ANSWER to 45 Amended Complaint by Phoenix, City of, Michael Sullivan, Jeri Williams.(Arnson, Aaron) (Entered: 02/10/2023)

Feb. 10, 2023

Feb. 10, 2023

PACER
51

ORDER Setting Telephonic Rule 16 Scheduling Conference for 4/11/2023 at 10:00 AM before Chief Judge G Murray Snow. To avoid challenges posed by the use of computers, cell phones, headsets, speaker phones or other devices, the parties are directed to utilize landlines for this Telephonic Case Management Conference to ensure clarity of communication with the Court and accurate transcription by the Court Reporter. Plaintiffs' counsel shall set up a call-in number and include the information in the joint report due a week before the Case Management Conference. See attached Order for details. Signed by Chief Judge G Murray Snow on 2/13/2023. (KFZ) (Entered: 02/13/2023)

Feb. 13, 2023

Feb. 13, 2023

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Nov. 30, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Phoenix, AZ nonprofit and three unsheltered individuals who experienced the destruction of personal property in raids conducted by city law enforcement.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Phoenix (Phoenix, Maricopa), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Housing

Loss or damage to property

Poverty/homelessness

Sanitation / living conditions

Sidewalks