Case: Parnell v. City of Berkeley

3:23-cv-06379 | U.S. District Court for the Northern District of California

Filed Date: Dec. 11, 2023

Closed Date: Dec. 13, 2024

Clearinghouse coding complete

Case Summary

This case arose from a city’s plan to imminently clear an encampment of unhoused individuals with little notice. On December 11, 2023, three unhoused individuals filed suit against the City of Berkeley to prevent their eviction from an encampment at 8th and Harrison Streets. Proceeding pro se (that is, representing themselves), the plaintiffs filed their lawsuit in the U.S. District Court for the Northern District of California, where it was assigned to District Judge Edward M. Chen. The plaint…

This case arose from a city’s plan to imminently clear an encampment of unhoused individuals with little notice.

On December 11, 2023, three unhoused individuals filed suit against the City of Berkeley to prevent their eviction from an encampment at 8th and Harrison Streets. Proceeding pro se (that is, representing themselves), the plaintiffs filed their lawsuit in the U.S. District Court for the Northern District of California, where it was assigned to District Judge Edward M. Chen.

The plaintiffs, each of whom has a disability, alleged that the City was forcing them from the encampment without offering accessible shelter and without giving sufficient notice. They brought the following claims under 42 USC § 1983:

  • Exposure to State-Created Danger under the Fourteenth Amendment to the U.S. Constitution and Article I of the California Constitution
  • Unreasonable Search and Seizure under the Fourth Amendment to the U.S. Constitution and Article I of the California Constitution
  • Infliction of Cruel and Unusual Punishment under the Eighth Amendment to the U.S. Constitution

The plaintiffs sought a declaratory judgment and injunctive relief. They also moved for a temporary restraining order (TRO) the same day they filed their complaint. According to their motion for a TRO, the City of Berkeley had posted eviction notices three days earlier (on December 8th), warning that the encampment would be cleared on Tuesday, December 12. Plaintiffs argued the notices were vague, failed to identify adequate shelter options, and disproportionately harmed disabled residents.

The court granted the TRO on December 15, 2023. Filling in for Judge Chen on an emergency basis, District Judge Araceli Martínez-Olguín found that the plaintiffs had demonstrated “serious questions going to the merits” of their claims, and that the balance of hardships tipped “sharply in [their] favor.” The court emphasized that the plaintiffs faced immediate and irreparable harm if evicted in the middle of winter without appropriate shelter—one plaintiff because of his visual impairment, mobility limitations, and reliance on a support animal; another plaintiff because of physical disabilities and a nervous condition that prevented her from using congregate shelters.

The court also rejected the City’s argument that the case was moot, noting that although the City had partially cleared the encampment before receiving notice of the TRO, the plaintiffs had returned and the risk of eviction remained live. The order enjoined the City from conducting further enforcement or eviction actions at 8th and Harrison until a full hearing could be held.

At the subsequent hearing, the City offered to place one plaintiff in a private room at the Berkeley Inn (where he could keep his dog) and to place another plaintiff in a room at the Campus Motel, with agreed-upon accommodations including grab bars in the bathroom and storage space for recycling materials. In light of these offers, Judge Chen dissolved the TRO on December 22, 2023, but allowed it to remain in effect for each plaintiff until their respective placements became available and appropriately modified. 2023 WL 8879260.

In February 2024, the Berkeley City Manager’s Office announced that all eviction efforts at 8th and Harrison would be suspended pending further direction from the court in a related case, Prado v. City of Berkeley. The City cited, among other reasons, a desire to avoid further judicial setbacks.

The plaintiffs voluntarily dismissed their claims on December 5, 2024, and this case is closed.

Summary Authors

Gordon Pignato (5/9/2025)

Related Cases

Prado v. City of Berkeley, Northern District of California (2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68081707/parties/parnell-v-city-of-berkeley/


Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Dominguez, Merced (California)

Douglas, Mike (California)

Parnell, Le Wanda (California)

Attorney for Defendant

Darrow, Brendan (California)

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Documents in the Clearinghouse

Document
1

3:23-cv-06379

Complaint

Dec. 11, 2023

Dec. 11, 2023

Complaint
15

3:23-cv-06379

Temporary Restraining Order

Dec. 15, 2023

Dec. 15, 2023

Order/Opinion
28

3:23-cv-06379

Temporary Restraining Order

Dec. 22, 2023

Dec. 22, 2023

Order/Opinion

2023 WL 8879260

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68081707/parnell-v-city-of-berkeley/

Last updated July 9, 2025, 10:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; No Process with Jury Demand, against City of Berkeley. Filed by Lawanda Parnell, Mike Douglas, Merced Dominguez. Consent/Declination due by 12/26/2023. (Attachments: # 1 Civil Cover Sheet)(jlm, COURT STAFF) (Filed on 12/11/2023) (Entered: 12/12/2023)

Dec. 11, 2023

Dec. 11, 2023

Clearinghouse
2

Temporary Restraining Order

Dec. 12, 2023

Dec. 12, 2023

PACER
3

Proceed In Forma Pauperis

Dec. 12, 2023

Dec. 12, 2023

PACER
4

Proceed In Forma Pauperis

Dec. 12, 2023

Dec. 12, 2023

PACER
5

Proceed In Forma Pauperis

Dec. 12, 2023

Dec. 12, 2023

PACER
6

Consent/Declination to Proceed Before a US Magistrate Judge

Dec. 12, 2023

Dec. 12, 2023

PACER
7

Initial Case Management Scheduling Order with ADR Deadlines

Dec. 12, 2023

Dec. 12, 2023

PACER
9

Order Reassigning Case AND ~Util - Case Assigned/Reassigned

Dec. 12, 2023

Dec. 12, 2023

PACER
10

ORDER to Maintain Status Quo; Judicial Referral for Purpose of Determining Relationship of Cases re 3:23-cv-04537-EMC. Signed by Judge Richard Seeborg on December 12, 2023. (rslc2, COURT STAFF) (Filed on 12/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Dec. 12, 2023

Dec. 12, 2023

RECAP

Clerk's Notice of Impending Reassignment - Text Only

Dec. 12, 2023

Dec. 12, 2023

PACER
11

Order Relating Case

Dec. 13, 2023

Dec. 13, 2023

PACER
12

Case Assigned/Reassigned

Dec. 13, 2023

Dec. 13, 2023

PACER
13

Opposition/Response to Motion

Dec. 13, 2023

Dec. 13, 2023

PACER
14

Notice of Appearance

Dec. 13, 2023

Dec. 13, 2023

PACER
15

Order by Judge Araceli Martinez-Olguin in case 3:23-cv-04537-EMC; granting (2) Motion for TRO in case 3:23-cv-06379-EMC. Associated Cases: 3:23-cv-06379-EMC, 3:23-cv-04537-EMC. (ads, COURT STAFF) (Filed on 12/15/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/15/2023)

Dec. 15, 2023

Dec. 15, 2023

Clearinghouse

Clerk's Notice Setting Zoom Hearing

Dec. 15, 2023

Dec. 15, 2023

PACER
17

Certificate/Proof of Service

Dec. 18, 2023

Dec. 18, 2023

PACER
18

Order on Motion for Leave to Proceed In Forma Pauperis

Dec. 19, 2023

Dec. 19, 2023

PACER
19

Order on Motion for Leave to Proceed In Forma Pauperis

Dec. 19, 2023

Dec. 19, 2023

PACER
20

Order on Motion for Leave to Proceed In Forma Pauperis

Dec. 19, 2023

Dec. 19, 2023

PACER
21

Declaration in Opposition

Dec. 19, 2023

Dec. 19, 2023

PACER
22

Declaration in Opposition

Dec. 19, 2023

Dec. 19, 2023

PACER
23

Declaration in Opposition

Dec. 19, 2023

Dec. 19, 2023

PACER

Remark

Dec. 19, 2023

Dec. 19, 2023

PACER

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

Dec. 19, 2023

Dec. 19, 2023

PACER
25

Motion Hearing

Dec. 20, 2023

Dec. 20, 2023

PACER
26

Declaration in Support

Dec. 20, 2023

Dec. 20, 2023

PACER
27

Declaration in Support

Dec. 21, 2023

Dec. 21, 2023

PACER
28

ORDER by Judge Edward M. Chen dissolving the Temporary Restraining Order subject to a timeline that is workable for the Plaintiffs. (emclc5, COURT STAFF) (Filed on 12/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

Clearinghouse
29

CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 1/2/2024. Initial Case Management Conference reset from 1/9/2024 to 1/11/2024, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PMWebinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral 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.) (vla, COURT STAFF) (Filed on 12/28/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 28, 2023

Dec. 28, 2023

PACER
30

JOINT CASE MANAGEMENT STATEMENT filed by City of Berkeley. (Shapp, Marc) (Filed on 1/2/2024) (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER
31

TRANSCRIPT ORDER for proceedings held on 12/19/2023 and 12/21/2023 before Judge Edward M Chen for Court Reporter Stephen Franklin (Franklin, Stephen) (Filed on 1/8/2024) (Entered: 01/08/2024)

Jan. 8, 2024

Jan. 8, 2024

PACER
34

Minute Entry for proceedings held before Judge Edward M Chen: Initial Case Management Conference held on 1/11/2024 and Motion Hearing held on 1/11/2024 re (51 in 3:23-cv-04537-EMC) MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint. Total Time in Court: 42 Minutes. Court Reporter: Marla Knox. (vla, COURT STAFF) (Date Filed: 1/11/2024) (Entered: 01/24/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
35

Mail sent to Mike Douglas returned as undeliverable re 15 Order on Motion for TRO, 16 Clerk's Notice Setting Zoom Hearing.(mcl, COURT STAFF) (Filed on 1/11/2024) (Entered: 01/26/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
32

Mail sent to Mike Douglas returned as undeliverable re 11 Order Relating Case. (mcl, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/16/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
36

Mail sent to Le Wanda Parnell returned as undeliverable re 15 Order on Motion for TRO, 16 Clerk's Notice Setting Zoom Hearing.(mcl, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/26/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
33

Mail sent to Le Wanda Parnell returned as undeliverable re 11 Order Relating Case. (mcl, COURT STAFF) (Filed on 1/16/2024) (Entered: 01/17/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
37

Transcript of Proceedings held on 12/19/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. 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 (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER
38

Transcript of Proceedings held on 12/21/2023, before Judge Edward M. Chen. Court Reporter/Transcriber Stephen W. Franklin, telephone number (561)313-8439. 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 (64 in 3:23-cv-04537-EMC) Transcript Order ) Release of Transcript Restriction set for 4/30/2024. (Franklin, Stephen) (Filed on 1/31/2024) (Entered: 01/31/2024)

Jan. 31, 2024

Jan. 31, 2024

PACER

Case Referred to Magistrate Judge for Settlement

July 30, 2024

July 30, 2024

PACER

CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement. (shy, COURT STAFF) (Filed on 7/30/2024)

July 30, 2024

July 30, 2024

PACER
39

CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 8/9/2024 03:00 PM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 7/30/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/30/2024)

July 30, 2024

July 30, 2024

PACER
40

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Pre-Settlement Telephonic Conference held on 8/9/2024. Settlement Conference set for 12/9/2024 01:00 PM in Oakland, Courtroom 4, 3rd Floor. Confidential settlement conference statements are due on 11/27/2024. The Court will convert the settlement conference to Zoom if public health concerns so require. The parties are directed to review and comply with the Courts settlement conference standing order available at https://www.cand.uscourts.gov/judges/westmore-kandis-a-kaw/ Total Time in Court: 30 minutes. Not Reported. (wft, COURT STAFF) (Date Filed: 8/9/2024) (Entered: 08/19/2024)

Aug. 9, 2024

Aug. 9, 2024

PACER
41

SETTLEMENT CONFERENCE MEET AND CONFER ORDER re ( 89 in 3:23-cv-04537-EMC, and 40 in 3:23-cv-06379-EMC,), Signed by Judge Kandis A. Westmore on 8/19/2024. (wft, COURT STAFF) (Filed on 8/19/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/19/2024)

Aug. 19, 2024

Aug. 19, 2024

PACER
42

Mail sent to Mike Douglas returned as undeliverable re 39 Clerk's Notice Setting ADR Telephone Conference. (mcl, COURT STAFF) (Filed on 8/29/2024) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER
43

Mail sent to Mike Douglas returned as undeliverable re 40 Settlement Conference. (far, COURT STAFF) (Filed on 9/3/2024) (Entered: 09/03/2024)

Sept. 3, 2024

Sept. 3, 2024

PACER
44

ORDER REGARDING FAILURE TO LODGE SETTLEMENT CONFERENCE STATEMENTS re 40, Signed by Judge Kandis A. Westmore on 12/2/2024. (wft, COURT STAFF) (Filed on 12/2/2024) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 12/2/2024 (wft, COURT STAFF). (Entered: 12/02/2024)

Dec. 2, 2024

Dec. 2, 2024

RECAP
45

ORDER VACATING SETTLEMENT CONFERENCE. Plaintiffs' settlement conference statement was due by 11/27/2024. After Plaintiffs failed to provide the statement, the Court sua sponte extended the deadline to 12/4/2024 at 12:00 noon. To date, Plaintiffs have still not provided the statement, so the Court lacks the materials necessary to prepare for the settlement conference. The Court has been separately informed that the plaintiffs intend to file a voluntary dismissal. For both reasons, the Court VACATES the 12/9/2024 settlement conference as it pertains to the Parnell plaintiffs. The related Prado action remains on calendar. Signed by Judge Kandis A. Westmore on 12/5/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kawlc1, COURT STAFF) (Filed on 12/5/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/05/2024)

Dec. 5, 2024

Dec. 5, 2024

PACER

1 - Terminate Hearings AND Order

Dec. 5, 2024

Dec. 5, 2024

PACER
46

Mail sent to Mike Douglas returned as undeliverable re 44 Order. (gba, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER
47

Mail sent to Mike Douglas returned as undeliverable re 44 Order. (gba, COURT STAFF) (Filed on 12/13/2024) (Entered: 12/16/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER

Case Details