Case: Sipprelle v. City of Laguna Beach

8:08-cv-01447 | U.S. District Court for the Central District of California

Filed Date: Dec. 23, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 23, 2008, several homeless individuals with mental or physical disabilities, represented by attorneys from the ACLU of Southern California, filed a suit in the United States District Court for the Central District of California, against the City of Laguna Beach, CA, and its Police Department and City Council. The plaintiffs alleged that §18.04.020 of the Laguna Beach Municipal Code, which banned sleeping and camping in public places, violated the Eighth Amendment's prohibition of cr…

On December 23, 2008, several homeless individuals with mental or physical disabilities, represented by attorneys from the ACLU of Southern California, filed a suit in the United States District Court for the Central District of California, against the City of Laguna Beach, CA, and its Police Department and City Council. The plaintiffs alleged that §18.04.020 of the Laguna Beach Municipal Code, which banned sleeping and camping in public places, violated the Eighth Amendment's prohibition of cruel and unusual punishment by criminalizing the involuntary condition of homelessness. They also alleged that their Fourth Amendment right to be free from illegal searches and seizures and Fourteenth Amendment rights to equal protection and due process were violated, and that the City was in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 - 12181, which forbids discrimination on the basis of disability by public entities. The plaintiffs sought preliminary and permanent injunctions preventing the enforcement of the contested local ordinance, and declaratory judgments acknowledging that the Defendants had violated the rights of the Plaintiffs in the manner alleged. They also sought to recover legal costs, including attorneys' fees and expenses.

A year prior to filing the lawsuit, the ACLU of Southern California had initiated discussions with the City of Laguna Beach about changing the ordinance; these discussions were not fruitful. The plaintiffs in their complaint pointed to a report prepared by a City-appointed Homeless Task Force, which found that the wealthy community of Laguna Beach was unique among cities in Orange County, CA in that its homeless population, at the time numbering close to fifty people, consisted almost exclusively of "chronically homeless" individuals--persons with mental or physical disabilities who experience long term or repeated homelessness. The Task Force had also determined that Orange County as a whole and Laguna Beach in particular had insufficient shelter space, which according to the report meant the homeless often had no option but to sleep outdoors. Laguna had no year-round beds available in shelters for the homeless. The City made beds available only intermittently from mid-December through mid-March, with funding available for no more than forty nights during this period. The homeless plaintiffs had been regularly subjected to police harassment and cited for sleeping in public when they had nowhere else to sleep.

On March 3, 2009, the City Council voted to repeal the contested portion of the Laguna Beach Municipal Code. On June 19, 2009, the parties entered a Settlement Agreement, wherein the City agreed to provide plaintiffs' counsel with written notice at least thirty days prior to any City Council public meeting at which action would be proposed to add or revise provisions pertaining to the restriction or prohibition of sleeping or camping in public places within the City. The parties agreed to ask the Court to seal, expunge, or destroy any record created after June 18, 2007, relating to arrests of or citations to the Plaintiffs or any other persons for violating the repealed portion of Laguna Beach Municipal Code §18.04.020. The City agreed to pay the Plaintiffs $9000 in attorneys' fees.

On July 20, 2009, in light of the settlement, the Court issued an order granting the plaintiffs' unopposed motion to have all records created after June 18 relating to arrests or citations under the contested ordinance sealed, expunged, or destroyed. On the same day, the Court (Judge Cormac Carney) ordered the case dismissed, but retained jurisdiction for the three year period of the settlement.

Summary Authors

Alex Colbert-Taylor (6/25/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5760651/parties/sipprelle-v-city-of-laguna-beach/


Judge(s)

Carney, Cormac J. (California)

Attorney for Plaintiff

Bark, Brian (California)

Chemerinsky, Erwin (California)

Attorney for Defendant

Austin, Mark Jason (California)

Dennington, Douglas J (California)

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Documents in the Clearinghouse

Document

8:08-cv-01447

Docket [PACER]

Jan. 28, 2009

Jan. 28, 2009

Docket
1

8:08-cv-01447

Complaint for Declaratory and Injunctive Relief

Dec. 23, 2008

Dec. 23, 2008

Complaint

ACLU/SC Applauds Laguna Beach City Council’s Repeal of Anti-Sleeping Ordinance

[None]

No Court

March 4, 2009

March 4, 2009

Press Release
11

8:08-cv-01447

Request for Dismissal [Settlement Agreement Attached]

June 25, 2009

June 25, 2009

Pleading / Motion / Brief
14

8:08-cv-01447

Order of Expungement

July 20, 2009

July 20, 2009

Order/Opinion
15

8:08-cv-01447

Order Dismissing Case

July 20, 2009

July 20, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5760651/sipprelle-v-city-of-laguna-beach/

Last updated March 14, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants City of Laguna Beach, The Laguna Beach Police Department and The City Council of the City of Laguna Beach.(Filing fee $ 350). Filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak and Helene Ayres.(lwag) (lwag, ). (Entered: 12/24/2008)

Dec. 23, 2008

Dec. 23, 2008

RECAP
2

CERTIFICATE of Interested Parties filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak and Helene Ayres, (lwag) (lwag, ). (Entered: 12/24/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
3

ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants City of Laguna Beach, The Laguna Beach Police Department, The City Council of the City of Laguna Beach.(Kohn Esq, Philip) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

RECAP
4

Certificate of Interested Parties filed by Defendants City of Laguna Beach, The Laguna Beach Police Department, The City Council of the City of Laguna Beach, (Kohn Esq, Philip) (Entered: 01/28/2009)

Jan. 28, 2009

Jan. 28, 2009

PACER
5

NOTICE OF INTENT TO SCHEDULE THE CASE by Judge Cormac J. Carney:( Rule 26 Meeting Report due by 6/26/2009.) (nbo) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
6

STATUS REPORT (Joint) and Request to Postpone the Issuance of the Court's Scheduling Order filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. (Attachments: # 1 Proposed Order Postponing Issuance of the Court's Scheduling Order)(Villagra, Hector) (Entered: 06/05/2009)

2 Proposed Order Postponing Issuance of the Court's Scheduling Order

View on PACER

June 5, 2009

June 5, 2009

PACER
7

ORDER Postponing the Issuance of the Court's Scheduling Conference by Judge Cormac J. Carney. The Scheduling Order currently set to be issued on 06/26/2009 is postponed until 07/24/2009. The FRCivP 26(f) early meeting of counsel shall be held no later than 07/02/2009 and report of such meeting shall be postponed to 07/16/2009. (db) (Entered: 06/16/2009)

June 12, 2009

June 12, 2009

PACER
8

NOTICE OF MOTION AND MOTION for Order for Expungement filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. Motion set for hearing on 7/20/2009 at 08:30 AM before Judge Cormac J. Carney. (Attachments: # 1 Proposed Order of Expungement)(Rosenbaum, Mark) (Entered: 06/25/2009)

2 Proposed Order of Expungement

View on PACER

June 25, 2009

June 25, 2009

PACER
9

MEMORANDUM in Support of MOTION for Order for Expungement 8 filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. (Rosenbaum, Mark) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

PACER
10

DECLARATION of Hector O. Villagra in support of MOTION for Order for Expungement 8 filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. (Attachments: # 1 Exhibit A)(Rosenbaum, Mark) (Entered: 06/25/2009)

2 Exhibit A

View on PACER

June 25, 2009

June 25, 2009

PACER
11

REQUEST to Dismiss Case filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. (Attachments: # 1 Exhibit 1 - Settlement Agreement, # 2 Proposed Order Dismissing Case)(Rosenbaum, Mark) (Entered: 06/25/2009)

2 Exhibit 1 - Settlement Agreement

View on PACER

3 Proposed Order Dismissing Case

View on PACER

June 25, 2009

June 25, 2009

PACER
12

Amendment to MOTION for Order for Expungement 8 and Notice of Motion for Expungement filed by Plaintiffs Felipe Ruiz, Robert Carmichael, Mark Sipprelle, Paul Ishak, Helene Ayres. (Attachments: # 1 Proposed Order of Expungement)(Rosenbaum, Mark) (Entered: 07/09/2009)

2 Proposed Order of Expungement

View on PACER

July 9, 2009

July 9, 2009

PACER
13

MINUTES OF Motion Hearing held before Judge Cormac J. Carney: Court grants Plaintiffs motion for expungement 8 and request to dismiss the case 11 .Orders signed and filed this date. Court Reporter: Maria Dellaneve. (mu) (Entered: 07/24/2009)

July 20, 2009

July 20, 2009

PACER
15

ORDER DISMISSING CASE by Judge Cormac J. Carney: Pursuant to the settlement reached on June 19, 2009 by and between Plaintiffs and Defendants all claims by Plaintiffs against Defendants are hereby dismissed, with prejudice. IT IS SO ORDERED. (see document for complete details) (Made JS-6. Case Terminated.) (mu) (Entered: 07/24/2009)

July 20, 2009

July 20, 2009

RECAP
14

ORDER OF EXPUNGEMENT by Judge Cormac J. Carney: Good cause having been shown, IT IS ORDERED THAT Defendants shall: (1) seal, expunge or destroy permanently all records created on and after 6/18/07 relating to arrests of or citations to Plaintiffs and other persons for violation of the former provision of Laguna Beach Municipal Code section 18.04.020 with regard to camping or sleeping on public property. (see document for further details) (mu) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
14

ORDER OF EXPUNGEMENT by Judge Cormac J. Carney: Good cause having been shown, IT IS ORDERED THAT Defendants shall: (1) seal, expunge or destroy permanently all records created on and after 6/18/07 relating to arrests of or citations to Plaintiffs and other persons for violation of the former provision of Laguna Beach Municipal Code section 18.04.020 with regard to camping or sleeping on public property. (see document for further details) (mu) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 23, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several homeless individuals with mental or physical disabilities represented by attorneys from the ACLU of Southern California.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Laguna Beach (Laguna Beach, Orange), City

Laguna Beach Police Department (Laguna Beach, Orange), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Equal Protection

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

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $9000

Order Duration: 2009 - 2012

Content of Injunction:

Reporting

Issues

General:

Access to public accommodations - governmental

Emergency shelter

Poverty/homelessness

Disability and Disability Rights:

disability, unspecified

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run