Kincaid v. Fresno

June 16, 2008

A U.S. district judge gave preliminary approval June 6 to a $2.35 million class-action settlement between a class of hundreds of homeless Fresno residents and the City of Fresno and the California Department of Transportation. The court had already determined that Fresno’s practice of immediately seizing and destroying the personal possessions of homeless residents was unconstitutional. Funds from the settlement will go to individual plaintiffs whose belongings were destroyed in the illegal sweeps, as well as into an account to provide housing and medical care to the approximately 225 class members.

The homeless plaintiffs in the lawsuit were represented by a team of attorneys from the American Civil Liberties Union of Northern California (ACLU-NC), the Lawyers’ Committee for Civil Rights (LCCR), and the law firm of Heller Ehrman LLP.

The case was filed in October 2006 on behalf of homeless people whose personal property, including essential medications, family photographs, and vital documents had been confiscated by police and city workers. The court issued a temporary restraining order against the City of Fresno two days later; in December 2006, the court issued a preliminary injunction prohibiting the city from continuing to seize and destroy the property of homeless people.

During oral argument on April 25, 2008, Judge Oliver W. Wanger of U.S. District Court of the Eastern District of California declared that “the practice of announce, strike, seize [and] destroy immediately is against the law.”

Terms of the Settlement

The settlement agreement contains a series of procedures created to ensure that the violations will not recur. The City of Fresno will require authorities to post written notice at least three days before clearing any personal property from an encampment area, and items of apparent value will be stored for 90 days. The Department of Transportation has also agreed to comply with the legal principles set forth in the court’s preliminary injunction, throughout the state. The court will retain jurisdiction over the case for five years to ensure that the city and Caltrans comply with this agreement.

Damages awarded by the Court total $1,485,000, to be allocated as follows:

• The City of Fresno will pay $1,000,000 into a Housing Allowance Account.  Funds from the account will assist the approximately 225 class members in the lawsuit to meet costs related to housing including security deposits, first and last months rent, or monthly rental payments, or to purchase a vehicle or medical care. The money will be issued by the Settlement Administrator to landlords or other providers of basic goods or services. 
  

• The City will set aside $400,000 in cash to compensate a pool of individuals who suffered harm as a result of the unconstitutional seizure of property. Individuals will file claim forms describing the extent of their losses and the number of times they were subjected to the illegal sweeps.  Disbursements from this portion of the settlement will range from $500 - $5000, and will be paid over time in currency or by check, or be deposited into plaintiff’s individual bank accounts. 
  

• The Department of Transportation will pay $85,000 into this cash fund. 

The ACLU-NC and LCCR will use the attorneys’ fees awarded in the case for programs to protect the legal rights of poor and homeless people, and to oppose the abuse of government power. 

LEGAL DOCUMENTS

Litigation Documents
Letter to the city asking that they voluntarily cease violating homeless people's rights (Oct. 16, 2006)

City's response to request to cease violations (Oct. 16, 2006)

Brief in Support of TRO and Injunction (Oct. 17, 2006)

Reply Brief in Support of Injunction (Nov. 5, 2006)

Judge's Findings of Facts, Conclusions of Law, and Preliminary Injunction (Dec. 8, 2006)

Second Amended Complaint (Feb. 22, 2007)

Memo in Support of Class Certification (June 15, 2007)

Opinion and Order Granting Class Certification (Aug. 14, 2007)


Declarations
Plaintiff Kincaid (Oct. 11, 2006)

Plaintiff Clay (Oct. 11, 2006)

Plaintiff Deatherage (Oct. 11, 2006)

Plaintiff Garcia (Oct. 11, 2006)

Plaintiff Greene (Oct. 11, 2006)

Plaintiff Williams (Nov. 5, 2006)

Newspaper Editor Rhodes (Nov. 6, 2006)

Rhodes Supplemental Declaration (Nov. 6, 2006)

Rhodes Supplemental Declaration - Photos (Nov. 6, 2006)


Settlement Documents
Notice of settlement to the class of all persons in the city of Fresno who were or are homeless, without residence, after October 17, 2003 and whose personal belongings were unlawfully taken and destroyed in a sweep, raid, or clean up by any city of Fresno or Caltrans employee on or after October 17, 2003 (June 16, 2008)

Aviso a personas en la ciudad de fresno que estan o han estado sin hogar, sin residencia, después del 17 de octubre, 2003, cuyas pertenencias fueron tomadas y destruídas ilegalmente en una redada por empleados de la cuidad de Fresno o Caltrans (June 16, 2008)

Claim Form (June 16, 2008)

Forma de reclamo para el Ajuste Colectivo (June 16, 2008)

Memorandum of Law Requesting Preliminary Approval of Settlement (June 5, 2008)

Settlement Agreement with City of Fresno and Settlement Plan (June 5, 2008)

Settlement Agreement with California Department of Transportation (June 5, 2008)