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Case Name NAACP v. San Jose PN-CA-0053
Docket / Court 4:21-cv-01705 ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Policing
Special Collection Police Violence Protests (Spring/Summer 2020)
Case Summary
On March 11, 2011, the NAACP and a few other individuals filed a class-action lawsuit against the city of San Jose and public officials. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism when San Jose police fired impact munitions and attacked ... read more >
On March 11, 2011, the NAACP and a few other individuals filed a class-action lawsuit against the city of San Jose and public officials. The plaintiffs stated that they were peacefully protesting police brutality and institutionalized racism when San Jose police fired impact munitions and attacked them with flash-bang grenades, chemical weapons, and batons. The plaintiffs contended that the defendants have exhibited a long history of targeting Black, Brown, and Muslim communities, and that the use of force in these protests was racially motivated. The plaintiffs sued under 42 U.S.C. § 1983, contending that the defendants violated their First Amendment right to free speech and association, their Fourth Amendment right to be free from unlawful arrest and excessive force, and their Fourteenth Amendment rights to equal protection. Claims were also brought under the state constitution equivalents of these provisions. The plaintiffs also brought claims under the ADA and Rehabilitation Act, arguing that the defendant's policing practices failed to make reasonable modifications that allow people with disabilities to participate in protests. Finally, the plaintiffs sued under a variety of state laws, including tort claims like assault and negligence. The lawsuit sought declaratory relief stating that the defendant's policing practices were unconstitutional, as well and preliminary and permanent injunctive relief enjoining the defendants from engaging in the same behavior in the future. The class members also sought compensatory damages relief.

The case was assigned to Judge Phyllis Jean Hamilton of the Northern District of California. As of May 25, the case remains ongoing.

Justin Hill - 05/25/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Substantive Due Process
Equal Protection
Free Exercise Clause
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
Disability
disability, unspecified
Discrimination-basis
Race discrimination
General
Excessive force
Failure to discipline
Failure to supervise
Failure to train
False arrest
Over/Unlawful Detention
Pattern or Practice
Pepper/OC spray
Personal injury
Racial profiling
Reasonable Accommodations
Reasonable Modifications
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Race
Black
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
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
State law
Defendant(s) Mayor of San Jose
San Jose
San Jose Police Chief
Plaintiff Description NAACP and individual protestors
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 03/11/2021
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
N.D. Cal.
05/12/2021
4:21-cv-01705
PN-CA-0053-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
N.D. Cal.
03/11/2021
Class Action Complaint for Damages, Declaratory and Injunctive Relief [ECF# 3]
PN-CA-0053-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
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Judges Hamilton, Phyllis Jean (N.D. Cal.) show/hide docs
PN-CA-0053-9000
Plaintiff's Lawyers Chanin, James B. (California) show/hide docs
PN-CA-0053-0001 | PN-CA-0053-9000
Flynn, Robert Michael (California) show/hide docs
PN-CA-0053-0001 | PN-CA-0053-9000
Lederman, Rachel (California) show/hide docs
PN-CA-0053-0001 | PN-CA-0053-9000
Ressl-Moyer, Tifanei (California) show/hide docs
PN-CA-0053-0001 | PN-CA-0053-9000
Defendant's Lawyers Chow, Yue-Han (California) show/hide docs
PN-CA-0053-9000
Pritchard, Matthew W (California) show/hide docs
PN-CA-0053-9000

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