Case: Boyd v. City of San Rafael

3:23-cv-04085 | U.S. District Court for the Northern District of California

Filed Date: Aug. 11, 2023

Closed Date: Aug. 7, 2024

Clearinghouse coding complete

Case Summary

Involuntarily unhoused residents of the City of San Rafael, California, filed this lawsuit pro se on August 11, 2023, in the United States District Court for the Northern District of California, requested a temporary restraining order and preliminary injunction to stop the City of San Rafael from enforcing ordinances that the plaintiffs alleged criminalized homelessness by making “camping” on public property a criminal offense. The plaintiffs were ten unhoused individuals and Camp Integrity, an…

Involuntarily unhoused residents of the City of San Rafael, California, filed this lawsuit pro se on August 11, 2023, in the United States District Court for the Northern District of California, requested a temporary restraining order and preliminary injunction to stop the City of San Rafael from enforcing ordinances that the plaintiffs alleged criminalized homelessness by making “camping” on public property a criminal offense. The plaintiffs were ten unhoused individuals and Camp Integrity, an unincorporated association of people and property where the unhoused individual plaintiffs lived. They sued the City of San Rafael and its Chief of Police under 42 U.S.C. § 1983 and the Americans with Disabilities Act. Plaintiffs alleged that the City’s ordinance violated their rights under the First, Eighth, Fourteenth Amendments of the United States Constitution and the Americans with Disabilities Act. The plaintiffs argued that the ordinances criminalized survival activities, including eating and possessing public belongings in public spaces, and unconstitutionally targeted unhoused individuals while permitting identical conduct by people who had housing. They further argued that the ordinances criminalized homelessness by banning sleeping on public property while the City of San Rafael failed to provide enough alternative shelter for the City’s homeless population. The case was assigned to Judge Edward M. Chen.

On August 15, 2023, Judge Trina Thompson held a hearing on the plaintiffs’ request for a temporary restraining order. The following day, she granted the motion for a temporary restraining order, enjoining the city from enforcing the ordinance until a hearing on the preliminary injunction could be held. The court determined that the plaintiffs sufficiently showed that they were likely to suffer irreparable injury if the ordinance went into effect, that the plaintiffs would endure serious hardships under the ordinance, that temporary relief would serve the public interest, and that there were “serious questions” on the merits of the case. On September 6, 2023, the court held a non-evidentiary hearing on the preliminary injunction and the defendant officials of the City of San Rafael were served. The court extended the temporary restraining order on September 7, 2023.

The court held a settlement conference with the parties on September 20, 2023. The plaintiffs filed a first amended complaint on September 26, 2023, adding as plaintiffs two additional individuals and the San Rafael Homeless Union. The court held a hearing for the motion on the preliminary injunction on October 2 and 3 and granted in part and denied in part the preliminary injunction on October 19. The court permitted the City to enforce the ordinance but required the City to: allow 400 square feet campsites housing up to four people that were 100 feet apart; provide assistance to campers who needed to move to a designated space; provide replacements to plaintiffs who did not have tents or bedding that could fit within the compliant space; designate the permissible campsites that complied with the ordinance as modified by the preliminary injunction on street level maps; establish a registration process so campers could find permitted campsites; and not evict or prosecute any plaintiff who submitted a request for a reasonable accommodation based on disability unless they were provided with due process. There was also a mens rea requirement for violating camping regulations. The preliminary injunction applied only to residents of the encampment who had standing under this lawsuit as named plaintiffs or as members of the San Rafael Homeless Union.

On October 26, 2023, one of the named plaintiffs filed an ex parte motion seeking a temporary restraining order to stop the defendants from disrupting his campsite and arresting him for using a pallet under his tent as a foundation. The City opposed the plaintiff’s motion. On November 1, 2023, the court held a status conference and a hearing on the temporary restraining order, which the court denied the following day.

The court held additional settlement conferences monthly from November 2023 until May 2024. On May 6, 2024, the City amended the ordinance in response to the Court’s preliminary injunction. The amended ordinance allowed campties of 200 square feet for one person and 400 square feet for four individuals, a 10-foot setback from other campsites, and a mens rea requirement for violating camping regulations. Subsequently, the City filed a motion to dismiss the case, or alternatively, to dissolve the preliminary injunction, on May 10, 2024.

The City then filed a motion for limited relief from the injunction on June 12, 2024 under F.R.C.P. 60(b), as it sought to relocate ten to eleven individuals camping along Francisco Boulevard West in light of alleged fire risks to their encampment. The same day, the court, considering that notice had already been given that campers had 48 hours to relocate, scheduled a hearing on the motion for June 13, 2024. The court held hearings on June 13 and June 14, 2024, and on June 14, Judge Edward M. Chen issued an order conditionally granting the City’s emergency motion for limited relief from the injunction. The court explained that it was an issue of fact whether any of the individuals whom the City sought to relocate from Francisco Boulevard West were covered by the preliminary injunction in this case, and after weighing the likelihood of irreparable injury, the balance of hardships, and the health and safety risks, the court concluded that moving the individuals from the encampment would be permissible. 

The court held settlement conferences at the beginning and end of July 2024. On August 7, 2024, the court granted defendants’ motion to dismiss and dissolved the preliminary injunction. The court determined that the plaintiffs had not shown a reasonable expectation that the government would reenact its regulation, that the ordinance as amended on May 6, 2024 did not raise the same issues as the original ordinance, and that because the amended ordinance had given the relief sought, the case was now moot. Therefore, the court no longer had jurisdiction to maintain the preliminary injunction, which was rendered moot as well. As of December 2024, this case is closed.

 

Summary Authors

Nicole Brigstock (12/30/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67689404/parties/boyd-v-city-of-san-rafael/


Judge(s)
Attorney for Plaintiff

Aardalen, Anker (California)

Barrow, Floyd (California)

Binkley, Amanda (California)

Boyd, Shaleeta (California)

Attorney for Defendant

Austin, Mark J. (California)

show all people

Documents in the Clearinghouse

Document
1

3:23-cv-04085

Complaint

Aug. 11, 2023

Aug. 11, 2023

Complaint
19

3:23-cv-04085

Order Granting Plaintiffs’ Motion for a Temporary Restraining Order

Aug. 16, 2023

Aug. 16, 2023

Order/Opinion
98

3:23-cv-04085

Order Granting in Part and Denying in Part Plaintiffs’ Motion for Preliminary Injunction

Oct. 19, 2023

Oct. 19, 2023

Order/Opinion

2023 WL 6960368

114

3:23-cv-04085

Order Clarifying Scope of Preliminary Injunction

Nov. 2, 2023

Nov. 2, 2023

Order/Opinion

2023 WL 7283885

166

3:23-cv-04085

Order Conditionally Granting Defendant's Emergency Motion for Limited Relief From Injunction

June 14, 2024

June 14, 2024

Order/Opinion
190

3:23-cv-04085

Order Granting Defendant's Motion to Dismiss

Aug. 7, 2024

Aug. 7, 2024

Order/Opinion

2024 WL 3748334

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67689404/boyd-v-city-of-san-rafael/

Last updated Jan. 29, 2025, 9:33 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND EX PARTE APPLICATION FOR A TRO AND PI, against All Defendants. Filed by Camp Integrity, Courtney Huff, Amalia Mendoza, Shaleeta Boyd, Anker Aardalen, Floyd Barrow, Donald Hensley, Jeff Grove, Eddy Metz, Brian Nelson, Christie Marie Cook. (Attachments: # 1 Complaint Continued, # 2 Complaint Continued, # 3 Complaint Continued, # 4 Complaint Continued, # 5 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

1 Complaint Continued

View on PACER

2 Complaint Continued

View on PACER

3 Complaint Continued

View on PACER

4 Complaint Continued

View on PACER

5 Civil Cover Sheet

View on PACER

Aug. 11, 2023

Aug. 11, 2023

Clearinghouse
2

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shaleeta Boyd. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
3

MOTION FOR ACCOMMODATIONS, filed by Anker Aardalen, Floyd Barrow, Shaleeta Boyd, Christie Marie Cook, Jeff Grove, Donald Hensley, Courtney Huff, Amalia Mendoza, Eddy Metz, Brian Nelson. (Attachments: # 1 Proposed Order)(wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 11/7/2023. Initial Case Management Conference set for 11/14/2023 1:30 PM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(wsn, COURT STAFF) (Filed on 8/11/2023) Modified on 8/14/2023 (wsn, COURT STAFF). (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
5

MOTION for Leave to Proceed in forma pauperis filed by Shaleeta Boyd. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
6

MOTION for Leave to Proceed in forma pauperis filed by Jeff Grove. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
7

MOTION for Leave to Proceed in forma pauperis filed by Floyd Barrow. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
8

MOTION for Leave to Proceed in forma pauperis filed by Eddy Metz. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
9

MOTION for Leave to Proceed in forma pauperis filed by Donald Hensley. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
10

MOTION for Leave to Proceed in forma pauperis filed by Courtney Huff. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
11

MOTION for Leave to Proceed in forma pauperis filed by Christie Marie Cook. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
12

MOTION for Leave to Proceed in forma pauperis filed by Amalia Mendoza. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
13

MOTION for Leave to Proceed in forma pauperis filed by Anker Aardalen. (wsn, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/14/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
14

ORDER Setting Briefing Schedule and Hearing. Signed by Judge Edward M. Chen on 8/14/2023. (emcsec, COURT STAFF) (Filed on 8/14/2023)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: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 14, 2023

Aug. 14, 2023

PACER
15

CLERKS NOTICE SETTING TEMPORARY RESTRAINING ORDER HEARING. Temporary Restraining Order Hearing set for, Tuesday, 8/15/2023 at 10:00 AM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/trina-l-thompson/General 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/. The Court advises Plaintiffs that assistance is available through the Legal Help Center. Parties can make an appointment to speak with an attorney who can provide basic legal information and assistance. The Help Center does not see people on a drop-in basis and will not be able to represent parties in their cases. There is no charge for this service. The Help Centers website is available at https://cand.uscourts.gov/legal-help. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 8/14/2023)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: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
16

Response to Order to Show Cause 1 Complaint, Response to Temporary Restraining Order Request byChristine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Attachments: # 1 Declaration of Mark Austin in Support of Response to Camp Integrity Request for TRO, # 2 Exhibit Exhibit A - Staff Report re adding Chapter 19.50 to the San Rafael Muni Code - regulating-Camping-on-Public-Property-Ordinance, # 3 Exhibit Exhibit B - Ordinance No. 2030, signed - Camping Ordinance Chapter 19.50 Updated 07-11-23, # 4 Exhibit Exhibit C - LA Muni.Code Chapter 63.44, # 5 Exhibit Exhibit D - RPMC 9.41 - Rohnert Park, CA Code of Ordinances, # 6 Exhibit Exhibit E - 19.20 - San Rafael, CA Code of Ordinances)(Flushman, Eli) (Filed on 8/14/2023) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
17

REPLY (re 3 MOTION to Appear by Telephone ) REPLY TO DEFENDANTS OPPOSITION TO MOTION FOR TRO filed byBrian Nelson. (Nelson, Brian) (Filed on 8/14/2023) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
18

Minute Entry for proceedings held before Judge Trina L Thompson: Temporary Restraining Order Hearing held on 8/15/2023 via Videoconference.Plaintiffs Shaleeta Boyd, Brian Nelson, Jeff Grove, Amalia Mendoza, Floyd Barrow, Christie Cook, Courtney Huff and Donald Hensley are not present.The Court having heard argument, takes the matter under submission, but give its tentative ruling to keep the status quo and grant the Temporary Restraining Order. The order will expire on September 6, 2023. The Court will also consider appointing counsel for the plaintiffs. Written order to be issued.Preliminary Injunction Hearing set for 9/6/2023 at 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen.Total Time in Court: 54 minutes.Court Reporter: Belle Ball. Plaintiffs: Ankor Aardalen, Eddy Metz. Defendant Attorney: Mark Austin, Eli Flushman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Date Filed: 8/15/2023) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

PACER

Temporary Restraining Order Hearing AND ~Util - Set Hearings

Aug. 15, 2023

Aug. 15, 2023

PACER
19

ORDER GRANTING PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER. Signed by Judge Trina L. Thompson on 8/15/2023. (rfm, COURT USER) (Filed on 8/16/2023)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: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
20

ORDER by Judge Trina L. Thompson Granting 5 6 7 8 9 10 11 12 13 Plaintiffs' Motions to Proceed In Forma Pauperis. (emcsec, COURT STAFF) (Filed on 8/16/2023)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: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
21

ORDER Setting Briefing Schedule and Hearing. Defendants' Responses due by 05:00 PM 8/22/2023. Plaintiffs' Replies due by 05:00 PM 8/25/2023. Hearing 10:00 AM 9/6/2023 before Judge Edward M. Chen. Signed by Judge Trina L. Thompson on 8/16/2023. (emcsec, COURT STAFF) (Filed on 8/16/2023)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: 08/16/2023)

Aug. 16, 2023

Aug. 16, 2023

PACER
22

Summons Issued as to Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Attachments: # 1 USM 285, # 2 USM 285, # 3 USM 285, # 4 USM 285, # 5 USM 285, # 6 USM 285, # 7 USM 285, # 8 USM 285, # 9 USM 285)(kmg, COURT STAFF) (Filed on 8/17/2023) (Entered: 08/17/2023)

Aug. 17, 2023

Aug. 17, 2023

PACER
23

CLERK'S NOTICE CONVERTING IN-PERSON HEARING TO ZOOM HEARING. Preliminary Injunction Hearing reset from 9/6/2023, in Courtroom 5, 17th Floor to 9/6/2023, at 10:00 AM. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 9:50 AM.Webinar 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 8/18/2023)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: 08/18/2023)

Aug. 18, 2023

Aug. 18, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Aug. 18, 2023

Aug. 18, 2023

PACER
24

RESPONSE Defendants' Opposition to Plaintiffs' Request for Preliminary Injunction by Christine Alilovich, Maribeth Bushey, City of San Rafael, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
25

DECLARATION of Ryan Montes in Support of Opposition re 24 Response ( Non Motion ), by Christine Alilovich, Maribeth Bushey, City of San Rafael, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
26

DECLARATION of Genevieve Coyle</re 24 Response ( Non Motion ), i> by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
27

DECLARATION of Lynn Murphy re 24 Response ( Non Motion ), by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
28

DECLARATION of Darin White re 24 Response ( Non Motion ), by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
29

DECLARATION of Carl Huber re 24 Response ( Non Motion ), by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
30

DECLARATION of Christopher Hess in support of Opposition to Preliminary Injunction</ re 24 Response ( Non Motion ), i> by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Austin, Mark) (Filed on 8/22/2023) Modified on 8/23/2023 (msr, COURT STAFF). (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

PACER
31

ADMINISTRATIVE MOTION Fee Waiver Application, Brian Nelson filed by Brian Nelson. Responses due by 8/29/2023. (Nelson, Brian) (Filed on 8/25/2023) (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
32

Reply to Defendants Opposition to Plaintiff's Preliminary Injunction ) filed by Brian Nelson. (Attachments: # 1 Affidavit Declaration of Jeff Grove, # 2 Affidavit Declaration of Brian Nelson, # 3 Affidavit Declaration of Ankor Aardalen, # 4 Affidavit Declaration of Shaleeta Boyd, # 5 Affidavit Declaration Amalia Mendoz, # 6 Affidavit Supplemental Declaration Dr. Schonberg, # 7 Exhibit A: Barocas JA, Nall SK, Axelrath S, et al. Population-Level Health Effects of Involuntary Displacement of People Experiencing Unsheltered Homelessness Who Inject Drugs in US Cities. Journal of the American Medical Association. 2023;329(17):14781486., # 8 Exhibit B: Kushel, M., Moore, T., et al. (2023). Toward a New Understanding- The California Statewide Study of People Experiencing Homelessness. UCSF Benioff Homelessness and Housing Initiative..pdf, # 9 Exhibit C: Chiang, J.C., Bluthenthal, R.N., Wenger, L.D. et al. Health risk associated with residential relocation among people who inject drugs in Los Angeles and San Francisco, CA: a cross sectional study. BMC Public Health 22, 823 (2022). https://doi.org/10.1186/s12889-022-13227-4 (describing dangers of displacement on health outcomes of unhoused people), # 10 Exhibit D: Christie NC. The role of social isolation in opioid addiction. Soc Cogn Affect Neurosci. 2021 Jul 6;16(7):645-656. doi: 10.1093/scan/nsab029. PMID: 33681992; PMCID: PMC8259283. (Describing how social isolation exacerbates opioid addiction and negative health outcomes), # 11 Exhibit E: Jana L. Jasinski et al Experience of Violence in the Lives of Homeless Women: A Research Report US Department of Justice. 2005 (Describing violence against women is greatest when they are travelling and social dislocated), # 12 Affidavit Declaration of Jason Sarris)(Nelson, Brian) (Filed on 8/25/2023) Modified on 8/25/2023 (msr, COURT STAFF). Modified on 9/1/2023 (wsn, COURT STAFF). (Entered: 08/25/2023)

Aug. 25, 2023

Aug. 25, 2023

PACER
33

ANSWER to Complaint byCity of San Rafael. (Austin, Mark) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
34

Mail sent to Shaleeta Boyd returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
35

Mail sent to Camp Integrity returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
36

Mail sent to Christie Marie Cook returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
37

Mail sent to Jeff Grove returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
38

Mail sent to Donald Hensley returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
39

Mail sent to Courtney Huff returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
40

Mail sent to Amalia Mendoza returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
41

Mail sent to Brian Nelson returned as undeliverable re 14 Order. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
42

Mail sent to Brian Nelson returned as undeliverable re 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
43

Mail sent to Anker Aardalen returned as undeliverable re 21 Order,, Set Deadlines, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
44

Mail sent to Floyd Barrow returned as undeliverable re 21 Order,, Set Deadlines, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
45

Mail sent to Shaleeta Boyd returned as undeliverable re 21 Order,, Set Deadlines, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
46

Mail sent to Camp Integrity returned as undeliverable re 21 Order,, Set Deadlines, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
47

Mail sent to Christie Marie Cook returned as undeliverable re 21 Order, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
48

Mail sent to Jeff Grove returned as undeliverable re 21 Order, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
49

Mail sent to Donald Hensley returned as undeliverable re 21 Order, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
50

Mail sent to Amalia Mendoza returned as undeliverable re 21 Order, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
51

Mail sent to Eddy Metz returned as undeliverable re 21 Order, 20 Order on Motion for Leave to Proceed in forma pauperis. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
52

Mail sent to Floyd Barrow returned as undeliverable re 23 Clerk's Notice Setting Zoom Hearing. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
53

Mail sent to Camp Integrity returned as undeliverable re 23 Clerk's Notice Setting Zoom Hearing. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
54

Mail sent to Amalia Mendoza returned as undeliverable re 23 Clerk's Notice Setting Zoom Hearing. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
55

Mail sent to Eddy Metz returned as undeliverable re 23 Clerk's Notice Setting Zoom Hearing. (wsn, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)

Sept. 1, 2023

Sept. 1, 2023

PACER
56

Mail returned as undeliverable Anker Aardalen re 14 Order,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
57

Mail returned as undeliverable Boyd, Shaleeta re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
58

Mail returned as undeliverable Cook, Christie Marie re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
59

returned as undeliverable Grove, Jeff. re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
60

Mail returned as undeliverable Hensley, Donald re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
61

Mail returned as undeliverable Huff, Courtney re 21 Order,, Set Deadlines, 20 Order on Motion for Leave to Proceed in forma pauperis,,,,,,,,,,,,,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
62

Mail returned as undeliverable Nelson, Brian re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
63

Mail returned as undeliverable Aardalen, Anker re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
64

Mail returned as undeliverable Huff, Courtney re 23 Clerk's Notice Setting Zoom Hearing.,,,,,. (msr, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
65

Mail returned as undeliverable Metz, Eddie re 14 Order,. (msr, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/06/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER
66

Minute Entry for proceedings held before Judge Edward M Chen: Preliminary Injunction Hearing - Non-evidentiary held on 9/6/2023. Continued Preliminary Injunction Hearing set for 10/2/2023, at 1:00 PM.Total Time in Court: 1 Hour, 54 minutes. Court Reporter: Belle Ball. (vla, COURT STAFF) (Date Filed: 9/6/2023) (Entered: 09/07/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER
68

SUMMONS Returned Executed Christine Alilovich served on 9/6/2023, answer due 9/27/2023; Maribeth Bushey served on 9/6/2023, answer due 9/27/2023; City of San Rafael served on 9/6/2023, answer due 9/27/2023; Kate Colin served on 9/6/2023, answer due 9/27/2023; Chris Hess served on 9/6/2023, answer due 9/27/2023; Elie Hill served on 9/6/2023, answer due 9/27/2023; Rachel Kertz served on 9/6/2023, answer due 9/27/2023; Amy Miller served on 9/6/2023, answer due 9/27/2023; David Spiller served on 9/6/2023, answer due 9/27/2023. (wsn, COURT STAFF) (Filed on 9/6/2023) (Entered: 09/07/2023)

Sept. 6, 2023

Sept. 6, 2023

PACER
67

ORDER Extending and Modifying Temporary Restraining Order and Continuing Hearing. Signed by Judge Edward M. Chen on 9/7/2023. (emcsec, COURT STAFF) (Filed on 9/7/2023)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: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
69

CLERK'S NOTICE: Settlement Conference set for 9/20/2023 01:00 PM before the Honorable Robert M. Illman in McKinleyville, Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel and parties may access the meeting information at https://www.cand.uscourts.gov/rmi . Scroll to the section titled Non-Public Meetings [Settlement Conferences] to use the link there. General 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/. (glm, COURT STAFF) (Filed on 9/8/2023)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: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
70

ORDER by Judge Edward M. Chen granting 31 Administrative Motion. (emclc1, COURT STAFF) (Filed on 9/8/2023)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: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

RECAP
71

NOTICE OF MANUAL FILING by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (wsn, COURT STAFF) (Filed on 9/15/2023) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER

Remark

Sept. 15, 2023

Sept. 15, 2023

PACER

Received one USB drive re: 71 NOTICE OF MANUAL FILING. (wsn, COURT STAFF) (Filed on 9/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
72

OPPOSITION/RESPONSE (re 1 PETITION: Defendants' further briefing re preliminary injunction< filed byChristine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Attachments: # 1 Declaration Catherine Quffa, # 2 Declaration Don C. Jeppson, # 3 Declaration (Supplemental) Carl Huber, # 4 Declaration (Supplemental) Chris Hess, # 5 Declaration (Supplemental) Lynn Murphy, # 6 Declaration (Supplemental) Ryan Montes, # 7 Notice of Manual Filing, # 8 Certificate/Proof of Service)(von Loewenfeldt, Michael) (Filed on 9/15/2023) Modified on 9/18/2023 (msr, COURT STAFF). (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER
73

Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Settlement Conference held on 9/20/2023. Digital Recording Time: Not recorded. Plaintiff Attorney: Pro Se Plaintiffs Shaleeta Boyd, Aanker Aardalen, Jeff Grove, Brian Nelson. Anthony Prince and Robbie Powelson. Defendant Attorney: Michael VonLowenfeldt and Genevieve Coyle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glm, COURT STAFF) (Date Filed: 9/20/2023) (Entered: 09/20/2023)

Sept. 20, 2023

Sept. 20, 2023

PACER

Settlement Conference

Sept. 20, 2023

Sept. 20, 2023

PACER
74

DECLARATION of Vedika Ahuja in Support to 72 Opposition/Response to Motion,, filed byChristine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller. (Related document(s) 72 ) (von Loewenfeldt, Michael) (Filed on 9/25/2023) Modified on 9/26/2023 (msr, COURT STAFF). (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

PACER
75

Mail returned as undeliverable re 67 Order, Eddy Metz (msr, COURT STAFF) (Filed on 9/25/2023) (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

PACER
76

REPLY (re 3 Supplemental Brief in Support of Preliminary Injunction filed byBrian Nelson. (Attachments: # 1 Declaration Brian Nelson, # 2 Declaration John Bradly, # 3 Declaration Eddy Metz, # 4 Declaration Amanda Binkley, # 5 Declaration Anthony Tringali, # 6 Declaration Floyd Barrow)(Nelson, Brian) (Filed on 9/25/2023) Modified on 9/26/2023 (msr, COURT STAFF). (Entered: 09/25/2023)

Sept. 25, 2023

Sept. 25, 2023

PACER
77

AMENDED COMPLAINT Adding New Plaintiffs against All Defendants. Filed byBrian Nelson. (Nelson, Brian) (Filed on 9/26/2023) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

PACER
78

ADMINISTRATIVE MOTION Amanda Binkley's Fee Waiver Application filed by Amanda Binkley. Responses due by 10/2/2023. (Nelson, Brian) (Filed on 9/28/2023) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER

Electronic Filing Error

Sept. 28, 2023

Sept. 28, 2023

PACER
79

ADMINISTRATIVE MOTION Kimberly Thomas's Fee Waiver Application filed by Kimberly Thomas. Responses due by 10/2/2023. (Nelson, Brian) (Filed on 9/28/2023) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER
80

ADMINISTRATIVE MOTION Anthony Tringali's Fee Waiver Application filed by Anthony Tringali. Responses due by 10/2/2023. (Nelson, Brian) (Filed on 9/28/2023) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER
81

ORDER by Judge Edward M. Chen granting in part and denying in part 3 Motion to Appear by Telephone. (emclc1, COURT STAFF) (Filed on 9/28/2023)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: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

RECAP
82

ORDER regarding October 2, 2023, hearing on Plaintiffs' Motion for Preliminary Injunction (emclc1, COURT STAFF) (Filed on 9/28/2023)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: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER

Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety. Please refile as Motion to Proceed In Forma Pauperis Re: 80 ADMINISTRATIVE MOTION Anthony Tringali's Fee Waiver Application filed by Anthony Tringali, 78 ADMINISTRATIVE MOTION Amanda Binkley's Fee Waiver Application filed by Amanda Binkley, 79 ADMINISTRATIVE MOTION Kimberly Thomas's Fee Waiver Application filed by Kimberly Thomas (msr, COURT STAFF) (Filed on 9/28/2023)

Sept. 28, 2023

Sept. 28, 2023

PACER
83

ORDER regarding October 2, 2023, hearing on 1 Plaintiffs' Motion for Preliminary Injunction. The Court invites Defendants to present a representative of the County of San Rafael as a witness at the hearing. This witness should have knowledge of the permissibility of camping on the county land that is discussed in Defendants' filings and habitability of the aforementioned county land. Signed by Judge Edward M. Chen on 10/01/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc1, COURT STAFF) (Filed on 10/1/2023)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: 10/01/2023)

Oct. 1, 2023

Oct. 1, 2023

PACER

Order

Oct. 1, 2023

Oct. 1, 2023

PACER
84

Notice of Appearance of Counsel for San Rafael Homeless Union of Anthony D. Prince filed by San Rafael Homeless Union. (Prince, Anthony) (Filed on 10/2/2023) Modified on 10/2/2023 (msr, COURT STAFF). (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER

Set Deadlines/Hearings

Oct. 2, 2023

Oct. 2, 2023

PACER

Clerk's Notice Setting Zoom Hearing

Oct. 2, 2023

Oct. 2, 2023

PACER

Set Deadlines/Hearings: Continued Preliminary Injunction Hearing set for 10/3/2023, at 9:00 AM, Courtroom 5, 17th Floor. (vla, COURT STAFF) (Filed on 10/2/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
85

CLERK'S NOTICE CONVERTING IN-PERSON HEARING TO ZOOM HEARING. Preliminary Injunction Hearing set for 10/3/2023, at 9:00 AM. This proceeding will be held via a Zoom webinar. ALL PARTIES PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 8:50 AM.Webinar 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 10/2/2023)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: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
86

EXHIBITS A-H introduced 10/2/23 filed byCity of San Rafael. (von Loewenfeldt, Michael) (Filed on 10/2/2023) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
87

CERTIFICATE OF SERVICE by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller re 86 Exhibits (Flushman, Eli) (Filed on 10/3/2023) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
88

TRANSCRIPT ORDER for proceedings held on 8/15/2023 before Judge Trina L Thompson by Christine Alilovich, Maribeth Bushey, City of San Rafael, Kate Colin, Chris Hess, Elie Hill, Rachel Kertz, Amy Miller, David Spiller, for Court Reporter Belle Ball. (Flushman, Eli) (Filed on 10/4/2023) (Entered: 10/04/2023)

Oct. 4, 2023

Oct. 4, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Policing

Disability Rights

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 11, 2023

Closing Date: Aug. 7, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Ten unhoused individuals living at Camp Integrity in the City of San Rafael, California and the San Rafael Homeless Union

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of San Rafael (Marin), City

City of San Rafael (Marin), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - 2024

Issues