Case: Blake v. City of Grants Pass

1:18-cv-01823 | U.S. District Court for the District of Oregon

Filed Date: Oct. 15, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 15, 2018, individuals without secure housing filed this class-action lawsuit suing the city of Grants Pass, Oregon (the “City”) in the U.S. District Court for the District of Oregon under 42 U.S.C. § 1983. Represented by the Oregon Law Center, the plaintiffs challenged the City’s enforcement of Grants Pass’s anti-sleeping ordinance, anti-camping ordinance, park exclusion ordinance, and criminal trespass laws stemming from violations of these ordinances as unconstitutional under the E…

On October 15, 2018, individuals without secure housing filed this class-action lawsuit suing the city of Grants Pass, Oregon (the “City”) in the U.S. District Court for the District of Oregon under 42 U.S.C. § 1983. Represented by the Oregon Law Center, the plaintiffs challenged the City’s enforcement of Grants Pass’s anti-sleeping ordinance, anti-camping ordinance, park exclusion ordinance, and criminal trespass laws stemming from violations of these ordinances as unconstitutional under the Eighth and Fourteenth Amendments of the U.S Constitution. The plaintiffs sought injunctive relief prohibiting the City from enforcing the ordinances and criminal trespass laws until the class members had the opportunity to obtain shelter. The plaintiffs also sought declaratory relief as well as costs and attorneys’ fees. The plaintiffs’ counsel had contacted the City on September 10, 2018, to demand relief, but the parties were unable to resolve the dispute outside of court.

The case was assigned to Magistrate Judge Mark D. Clarke. Both parties consented to jurisdiction by a magistrate judge for the entirety of the case. On January 2, 2019, the City amended its ordinance, removing “sleeping” from the definition of camping in an attempt to comply with a previous case, Martin v. Boise, which held that an ordinance punishing people for sleeping outside was unconstitutional when there was nowhere else for them to go. In amending its ordinance, the City meant to clarify that the act of “sleeping” no longer automatically constituted illegal “camping,” permitting those without shelter to sleep or rest in the City’s parks.  

The plaintiffs filed an amended complaint on February 28, 2019, to add information about two additional plaintiffs. The plaintiffs filed a second amended complaint on March 8, 2019, adding an additional individual to the plaintiff’s attorneys. 

On March 13, 2019, the plaintiffs moved to certify the class. After a hearing, Magistrate Judge Clarke granted the plaintiffs’ motion for class certification on August 7, 2019. 2019 WL 3717800. The court defined the class as: 

All involuntarily homeless individuals living in Grants Pass, Oregon, including homeless individuals who sometimes sleep outside city limits to avoid harassment and punishment by Defendant as addressed in this lawsuit. 

The plaintiffs then filed their third amended complaint on November 13, 2019 to add an additional challenge to park exclusions under the Due Process Clause. On January 17, 2020, the plaintiffs filed a motion for summary judgment and requested an oral argument. The defendant responded with a joint motion for summary judgment on February 28, 2020.

On July 22, 2020, Magistrate Judge Clarke denied the defendant’s motion for summary judgment, and he granted in part and denied in part the plaintiffs’ motion for summary judgment. Magistrate Judge Clarke granted the plaintiffs’ motion for summary judgment on the procedural due process claim because the park exclusions would go into effect immediately and were not stayed for appeal, leaving a person excluded from a park subject to arrest for reentry as soon as they received the exclusion notice. The court concluded that the deficient appeal procedures were unconstitutional and violated the procedural protections of due process. However, the court denied the plaintiffs’ motion for summary judgment on their equal protection claim because the plaintiffs failed to demonstrate that the ordinances were selectively enforced and motivated by a discriminatory purpose. Likewise, summary judgment was denied on the plaintiffs’ substantive due process claim because they failed to convince the court that they had a liberty interest to sleep or camp in a public place and had not shown that the city engaged in “conscience shocking behavior.” 2020 WL 4209227.

The court also found that the ordinances violated the Cruel and Unusual Punishment Clause of the Eighth Amendment because they punished people for sleeping or resting outside with a blanket when they had no other place to go due to the City’s lack of adequate shelter. The ordinances also violated the Excessive Fines Clause of the Eighth Amendment because the plaintiffs were being punished for trying to live, and likely could not afford to pay the fines, resulting in additional fees and punishments that made it even more difficult for them to find housing. 2020 WL 4209227.

On August 26, 2020, Judge Clarke issued an injunction enjoining the enforcement of three city ordinances against the plaintiff class. The City could not enforce the park exclusion ordinance, which allowed police officers to issue an order barring a person from all City park properties if the individual had been issued two or more citations violating regulations relating to city parks, or one citation violating state laws while on city park property. Unless it gave at least a 24-hour warning, the City also could not enforce the camping ordinances, which prohibited setting up or remaining on public property. Finally, the City could not enforce the criminal trespassing ordinance in city parks during nighttime hours.

That same day, the city of Grants Pass appealed the district court’s grant of partial summary judgment and its permanent injunction to the U.S. Court of Appeals for the Ninth Circuit (No. 20-35752). The Ninth Circuit’s decision on September 28, 2022, affirmed that the city’s “anti-camping” ordinance prohibiting individuals from using bedding supplies violated the Cruel and Unusual Punishment Clause. The case was remanded with direction to the district court to narrow its injunction to only enjoin enforcement of ordinances against unhoused individuals who take necessary measures to keep themselves warm and safe when there is no shelter available. Furthermore, the Ninth Circuit vacated the grant of summary judgment on the procedural due process claim and remanded with instructions to dismiss the claim as moot because the City amended the ordinance so it was no longer unconstitutional. 50 F.4th 787. 

In the meantime, the plaintiffs filed a motion for costs and attorneys’ fees on September 9, 2020. The parties thereafter, by October 5, 2020, reached an agreement for the plaintiffs to receive $300,000 with interest for their costs and attorneys’ fees. 2020 WL 6060925. Three days later, on October 8, the City appealed to the Ninth Circuit (No. 20-35881).

The City filed a petition for en banc review with the Ninth Circuit on November 14, 2022.

On July 5, 2023, the Ninth Circuit amended the opinion it issued on September 28, 2022. It amended the order to deny the petition for rehearing en banc, reasoning that Grants Pass provided exceptionally limited protection and was consistent with Supreme Court precedent. The court further stated that future petitions for rehearing or rehearing en banc would not be entertained in this case.

In response to the Ninth Circuit’s denial for a rehearing en banc, the City filed a petition for writ of certiorari on August 22, 2023, requesting the Supreme Court to rule on whether laws regulating camping on public property constituted cruel and unusual punishment prohibited by the Eighth Amendment. 2023 WL 5530379. 

On January 16, 2024, the Supreme Court granted certiorari.

As of March 3, 2024, this case was ongoing.

Summary Authors

Elana Herbst (2/12/2023)

Spoorthi Krishnaraj (3/11/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8031037/parties/blake-v-city-of-grants-pass/


Judge(s)
Attorney for Plaintiff

AT, Walter Fonseca, (Oregon)

Attorney for Defendant

Adler, Daniel R. (Oregon)

Expert/Monitor/Master/Other

Attorney, Eric S. (Oregon)

Attorney, Brandon Michael (Oregon)

Attorney, Anit Kumar (Oregon)

show all people

Documents in the Clearinghouse

Document
1

1:18-cv-01823

Class Action Complaint for Injunctive and Declaratory Relief

Oct. 15, 2018

Oct. 15, 2018

Complaint
47

1:18-cv-01823

Opinion and Order

Aug. 7, 2019

Aug. 7, 2019

Order/Opinion

2019 WL 2019

50

1:18-cv-01823

Third Amended Class Action Complaint for Injunctive and Declaratory Relief

Nov. 13, 2019

Nov. 13, 2019

Complaint
111

1:18-cv-01823

Opinion and Order

July 22, 2020

July 22, 2020

Order/Opinion

2020 WL 2020

114

1:18-cv-01823

Judgment

Aug. 26, 2020

Aug. 26, 2020

Order/Opinion

1:18-cv-01823

Order Granting Fees and Costs to Plaintiffs'

Oct. 5, 2020

Oct. 5, 2020

Order/Opinion

2020 WL 2020

138

20-35752

20-35881

Opinion

Johnson v. City of Grants Pass

U.S. Court of Appeals for the Ninth Circuit

Sept. 28, 2022

Sept. 28, 2022

Order/Opinion

50 F.4th 50

95

20-35881

Order and Amended Opinion

Johnson v. City of Grants Pass

U.S. Court of Appeals for the Ninth Circuit

July 5, 2023

July 5, 2023

Order/Opinion

116 Fed.R.Serv.3d 116

100

20-35752

Order and Amended Opinion

Johnson v. City of Grants Pass

U.S. Court of Appeals for the Ninth Circuit

July 6, 2023

July 6, 2023

Order/Opinion

72 F.4th 72

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8031037/blake-v-city-of-grants-pass/

Last updated March 20, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5594026 Jury Trial Requested: No. Filed by Debra Blake against City of Grants Pass (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Johnson, Edward) (Entered: 10/15/2018)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Oct. 15, 2018

Oct. 15, 2018

Clearinghouse
2

Notice of Case Assignment to Magistrate Judge Mark D. Clarke and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/12/2019. Joint Alternate Dispute Resolution Report is due by 3/14/2019. Pretrial Order is due by 3/14/2019. Dispositive motions are due 3/14/2019. Ordered by Magistrate Judge Mark D. Clarke. (jkm) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
3

Scheduling Order by Magistrate Judge Mark D. Clarke regarding Discovery order,, 2 . Dispositive Motions are due by 3/14/2019. Ordered by Magistrate Judge Mark D. Clarke. (jkm) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
4

Summons Issued Electronically as to City of Grants Pass. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jkm) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
5

Unopposed Motion for Extension of Time to File an Appearance. Filed by City of Grants Pass. (Warren, Gerald) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
6

Declaration of Gerald L. Warren . Filed by City of Grants Pass. (Related document(s): Motion for Extension of Time 5 .) (Warren, Gerald) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
7

ORDER: Granting Motion for Extension of Time 5 to file Answer. Answer is now due by 12/12/2018. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
8

Answer to 1 Complaint, . Filed by City of Grants Pass. (Warren, Gerald) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
9

RECORD OF ORDER by Magistrate Judge Mark D. Clarke: SETTING a telephonic Rule 16 Conference for January 14, 2019 at 9:00 AM. Conference call information will be provided in a separate entry. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. Under LR 26.1(b) a written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
10

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
11

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Debra Blake. (Johnson, Edward) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
12

Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
13

RECORD OF ORDER by Magistrate Judge Mark D. Clarke: RESETTING the telephonic Rule 16 Conference from January 14, 2019 at 9:00 AM to January 22, 2019 at 9:00 AM. Conference call information previously provided still applies. At the time of the Conference, parties should have their calendars available to discuss scheduling matters, including modification of the current case deadlines, joining additional parties and amending the pleadings, dispositive motions, and setting a trial date. The parties shall consult pursuant to FRCP 26(f) regarding a focused and proportional discovery plan prior to the Conference. Under LR 26.1(b) a written report is not required. However, the parties should be prepared to briefly summarize the issues in the case and give the Court a realistic picture of what discovery needs to be completed. The ultimate goal of the discovery plan shall be "the just, speedy, and inexpensive determination" of the action. FRCP 1. If depositions are anticipated, the parties should confer prior to the Conference and have a firm date for the depositions scheduled prior to the conference. Parties shall confer prior to the Conference and consider whether the case could benefit from a streamlined approach, utilizing limited discovery and early dispositive motions, settlement conference, or an expedited trial date. Finally, if the parties intend to file written consents to a magistrate judge, it would be helpful to do so prior to the Rule 16 Conference, particularly if they want to secure a firm trial date. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
14

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (jkm) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
15

MINUTES of Proceedings: Telephonic Rule 16 Conference held. Amended Complaint is due 2/22/2019. A further telephonic Status Conference is set for 3/4/2019 at 09:00AM in Medford before Magistrate Judge Mark D. Clarke. Conference call information will be provided in a separate entry. All current deadlines are vacated and will be reset at a later date. Edward Johnson present as counsel for plaintiff. Gerald Warren present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
16

Stipulated Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Fonseca, Walter) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
17

ORDER: Granting Motion for Leave to File Amended Complaint/Petition 16 . Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
18

Notice of Association of Attorney Edward Johnson,Jenny Logan for Debra Blake. Filed by All Plaintiffs. (Johnson, Edward) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
19

First Amended Complaint . Filed by Debra Blake against All Plaintiffs. (Fonseca, Walter) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

RECAP
20

MINUTES of Proceedings: Telephonic Status/Scheduling Conference held. Plaintiff's Motion for Class Action is due by 03/22/2019. Defendant's Response is due by 5/17/2019. Plaintiff's Reply is due by 6/14/2019. No further dates set at this time. Edward Johnson present as counsel for plaintiff. Gerald Warren present as counsel for defendant. Court Reporter: Hearing was not recorded. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/04/2019)

March 4, 2019

March 4, 2019

PACER

Scheduling Conference

March 4, 2019

March 4, 2019

PACER
21

Unopposed Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Fonseca, Walter) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER
22

ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Amended Complaint 21 . Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER

Order on Motion For Leave to File AmendedComplaint/Petition

March 8, 2019

March 8, 2019

PACER
23

Second Amended Complaint . Filed by John Logan, Debra Blake, Gloria Johnson against All Defendants. (Fonseca, Walter) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

RECAP
24

Answer to 23 Amended Complaint with Jury Demand (to Second) Amended Complaint. Filed by City of Grants Pass. (Warren, Gerald) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
25

Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
26

Declaration of Debra Blake in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
27

Declaration of Gloria Johnson in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
28

Declaration of John Logan in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
29

Declaration of Kelly Wessels in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
30

Declaration of Teresa Santucci in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
31

Declaration of Ed Johnson in support of motion to certify class. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
32

Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Certify the Class 25 . Response is due by 5/17/2019. Reply is due by 6/14/2019. Motion is taken under advisement as of 6/24/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER

1 - Scheduling

March 14, 2019

March 14, 2019

PACER
33

Scheduling Order by Magistrate Judge Mark D. Clarke regarding Motion to Certify the Class 25 . Telephonic Oral Argument is set for 7/9/2019 at 02:00PM in Medford Courtroom 2 before Magistrate Judge Mark D. Clarke. Teleconference information will be provided in a separate entry. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER

1 - Scheduling

March 27, 2019

March 27, 2019

PACER
34

Unopposed Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 25 . Filed by City of Grants Pass. (Warren, Gerald) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
35

Declaration of Gerald L. Warren . Filed by City of Grants Pass. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion 34 .) (Attachments: # 1 Exhibit) (Warren, Gerald) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

PACER
36

ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion to Certify the Class 25 filed by John Logan, Gloria Johnson, Debra Blake. Response is due by 5/23/2019. Reply is due by 6/21/2019. Motion is taken under advisement as of 7/9/2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 05/16/2019)

May 16, 2019

May 16, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

May 16, 2019

May 16, 2019

PACER
37

Response to Motion to Certify the Class 25 . Filed by City of Grants Pass. (Warren, Gerald) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
38

Declaration of Gerald L. Warren . Filed by City of Grants Pass. (Related document(s): Response to Motion 37 .) (Attachments: # 1 Exhibit) (Warren, Gerald) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
39

Scheduling Order by Magistrate Judge Mark D. Clarke. The telephonic Oral Argument set for 07/09/2019 at 2:00 PM has been RESET for an "In Person" Oral Argument on 7/9/2019 at 02:00 PM in Medford Courtroom 2 before Magistrate Judge Mark D. Clarke. Ordered by Magistrate Judge Mark D. Clarke. (rsm) Modified on 6/6/2019 to link to Motion #25 (cw). (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER

1 - Scheduling

June 5, 2019

June 5, 2019

PACER
40

Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Johnson, Edward) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
41

Reply to Defendant's Response to Motion to Certify the Class 25 . Filed by All Plaintiffs. (Johnson, Edward) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
42

Declaration of Kelly Wessels in support of Plaintiff's Reply Brief. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Attachments: # 1 Exhibit 1) (Johnson, Edward) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
43

Declaration of Debra Blake in support of Plaintiffs' Reply Brief. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Johnson, Edward) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
44

Declaration of John Logan in support of Plaintiffs' Reply Brief. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Attachments: # 1 Exhibit 1) (Johnson, Edward) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
45

Declaration of Ed Johnson in support of Plaintiff's Reply Brief. Filed by All Plaintiffs. (Related document(s): Motion to certify class 25 .) (Attachments: # 1 Exhibit 1) (Johnson, Edward) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
46

MINUTES of Proceedings: Motion Hearing Held regarding Motion to certify class 25 . Motion is taken under advisement as of 7/9/2019. Edward Johnson and Walter Fonseca present as counsel for plaintiffs. Gerald Warren present as counsel for defendant. Court Reporter: Deana Mead. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER

Motion Hearing Held

July 9, 2019

July 9, 2019

PACER
47

Opinion and Order re: Motion to Certify the Class 25 . Plaintiff's Motion for Class Certification 25 is GRANTED. Please access entire text by document number hyperlink. Signed on 08/07/2019 by Magistrate Judge Mark D. Clarke.(rsm) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

Clearinghouse
48

Scheduling Order by Magistrate Judge Mark D. Clarke. Discovery is to be completed by 11/15/2019. Dispositive Motions are due by 12/20/2019. Responses to Dispositive Motions are due by 1/17/2020. Replies to Dispositive Motions are due by 2/5/2020. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER

1 - Scheduling

Aug. 15, 2019

Aug. 15, 2019

PACER
49

Notice of Consent to File Amended Complaint Filed by All Plaintiffs. (Johnson, Edward) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
50

Third Amended Complaint . Filed by John Logan, Debra Blake, Gloria Johnson against All Defendants. (Johnson, Edward) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

Clearinghouse
51

Answer to 50 Amended Complaint with Jury Demand . Filed by City of Grants Pass. (Warren, Gerald) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
52

Unopposed Motion for Extension of Time Modification of Current Scheduling Order. Filed by City of Grants Pass. (Hisel, Aaron) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
53

Unopposed Declaration of Aaron P. Hisel Motion for Modification of Current Scheduling Order. Filed by City of Grants Pass. (Related document(s): Motion for Extension of Time 52 .) (Hisel, Aaron) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
54

ORDER: Granting Defendant's Unopposed Motion for Extension of Time 52 for Modification of Current Schedule. Dispositive Motions are due by 1/17/2020. Responses to Dispositive Motions are due by 2/14/2020. Replies to Dispositive Motions are due by 3/12/2020. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER

Order on Motion for Extension of Time

Dec. 5, 2019

Dec. 5, 2019

PACER
55

Joint Motion to File Excess Pages . Filed by All Plaintiffs. (Johnson, Edward) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER

Order on Motion to File Excess Pages

Jan. 7, 2020

Jan. 7, 2020

PACER
56

ORDER: Granting Motion to File Excess Pages 55 . Memoranda in support of summary judgment may not exceed 50 pages. This limitation includes headings, footnotes and quotations, but excludes the caption, table of contents, table of cases and authorities, signature block, exhibits, and any certificates of counsel. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
57

Motion for Extension of Time . Filed by City of Grants Pass. (Hisel, Aaron) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
58

Declaration of Aaron P. Hisel . Filed by City of Grants Pass. (Related document(s): Motion for Extension of Time 57 .) (Attachments: # 1 Exhibit) (Hisel, Aaron) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
59

Response in Opposition to Motion for Extension of Time 57 . Filed by All Plaintiffs. (Johnson, Edward) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
60

Declaration of Edward Johnson . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion 59 .) (Johnson, Edward) (Entered: 01/08/2020)

Jan. 8, 2020

Jan. 8, 2020

PACER
61

ORDER: Defendants Motion 57 is GRANTED. Plaintiffs motion for summary judgment is due 1/17/2020; Defendants Response to Plaintiffs Motion and Cross-Motion for Summary Judgment is due 2/14/2020; Plaintiffs Reply in support of summary judgment and Response in opposition to Defendants motion is due 3/12/2020; Defendants Reply in support of summary judgment is due 4/12/2020. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER

Order on Motion for Extension of Time

Jan. 9, 2020

Jan. 9, 2020

PACER
62

Motion for Summary Judgment . Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Appendix A) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
63

Declaration of Edward Johnson . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
64

Declaration of Inessa Wurscher . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Attachments: # 1 Exhibit 1) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
65

Declaration of Kelly Wessels . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
66

Declaration of Carrielynn Hill . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Attachments: # 1 Exhibit 1) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
67

Declaration of John Logan . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
68

Declaration of Charles Naylor . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
69

Declaration of Troy Patton . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
70

Declaration of Judy Ostrowski . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
71

Declaration of Melody Cacho . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
72

Declaration of Michael Faber . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
73

Declaration of Gregory Kempffer . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
74

Declaration of Alexis Krasco . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
75

Declaration of Kellie Parker . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
76

Declaration of Shawn Goode . Filed by All Plaintiffs. (Related document(s): Motion for Summary Judgment 62 .) (Johnson, Edward) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
77

Unopposed Motion for Extension of Time of Current Scheduling Deadlines. Filed by City of Grants Pass. (Warren, Gerald) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
78

Unopposed Declaration of Gerald L. Warren in Support of Defendant's Unopposed Motion for Extension of Scheduling Deadlines. Filed by City of Grants Pass. (Related document(s): Motion for Extension of Time 77 .) (Warren, Gerald) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
79

ORDER: Granting Motion for Extension of Time 77 . Defendants Response to Plaintiffs Motion for Summary Judgment and deadline to file a Cross-Motion for Summary Judgment is 02/28/2020. Plaintiffs Reply in support of their motion and response in opposition to Defendants Motion is due 03/27/2020. Defendants Reply in support of its Motion is due 04/24/2020. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER

Order on Motion for Extension of Time

Jan. 28, 2020

Jan. 28, 2020

PACER
80

Joint Motion for Summary Judgment and RESPONSE TO PLTFS' SUMMARY JUDGMENT. Filed by City of Grants Pass. (Hisel, Aaron) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
81

Declaration of Aaron P. Hisel in support of DEFENDANT'S JOINT MSJ AND RESPONSE TO PLTFS' MSJ. Filed by City of Grants Pass. (Related document(s): Motion for Summary Judgment 80 .) (Attachments: # 1 Exhibit) (Hisel, Aaron) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
82

Declaration of Terri McClure in SUPPORT OF DEF'S JOINT MSJ AND RESPONSE TO PLTFS' MSJ. Filed by City of Grants Pass. (Related document(s): Motion for Summary Judgment 80 .) (Attachments: # 1 Exhibit) (Hisel, Aaron) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
83

Declaration of Jim Hamilton in SUPPORT OF DEF'S MSJ AND RESPONSE TO PLTFS' MSJ. Filed by City of Grants Pass. (Related document(s): Motion for Summary Judgment 80 .) (Attachments: # 1 Exhibit) (Hisel, Aaron) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
84

Declaration of Jason McGinnis in SUPPORT OF DEF'S MSJ AND RESPONSE TO PLTFS' MSJ. Filed by City of Grants Pass. (Related document(s): Motion for Summary Judgment 80 .) (Attachments: # 1 Exhibit) (Hisel, Aaron) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
85

Motion for Leave to file Brief as Amicus Curiae. Filed by League of Oregon Cities. (Attachments: # 1 Proposed Document Amicus Brief of League of Oregon Cities in Support of Defendant City of Grants Pass) (Gallegos, Stanton) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
86

ORDER: Granting Motion for Leave 85 to file Brief as Amicus Curiae.Plaintiffs are granted leave to respond to LOC's Amicus brief. Ordered by Magistrate Judge Mark D. Clarke. (rsm) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER

Order on Motion for Leave

March 3, 2020

March 3, 2020

PACER
87

Amicus Curiae Appearance entered by Anna Marie Joyce on behalf of League of Oregon Cities titled, "Amicus Brief of league of Oregon Cities in Support of Defendant City of Grants Pass". Filed by on behalf of League of Oregon Cities. (Joyce, Anna) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Oct. 15, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Involuntarily homeless individuals living in Grants Pass, Oregon

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Grants Pass (Grants Pass, OR, Josephine), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $300,000

Order Duration: 2020 - None

Issues

General/Misc.:

Poverty/homelessness