Judge Approves Unprecedented $2.35 Million Settlement for Fresno Homeless Residents

City of Fresno Held Accountable for Illegal Seizure and Destruction of Personal Property
For Immediate Release: July 29, 2008

 FRESNO – A Federal judge today approved a historic $2.35 million class action settlement to hundreds of Fresno’s homeless residents. United States District Judge Oliver W. Wanger had previously ordered that the City and the California Department of Transportation had violated homeless residents’ constitutional rights in the practice of immediately seizing and destroying personal property. Throughout a two-year period City employees had conducted a number of raids in areas where homeless people live, indiscriminately seizing and immediately destroying clothing, medication, tents and blankets, as well as irreplaceable personal possessions such as family photographs.

“This settlement offers new opportunities, safety and security for Fresno’s homeless residents for years to come,” said Michael Risher, staff attorney at the ACLU of Northern California. “This settlement should also send a strong message to cities around the country that they cannot violate the rights of their most vulnerable residents—and if they do, they will be held accountable.”

Jeannine Nelson, plaintiff in the Kincaid v. Fresno lawsuit, lost important belongings, including her asthma medication, after police pushed a shopping cart containing her possessions into a nearby canal. “The judge restored my faith in the system. I have my self worth back,” Nelson said after the approval of the settlement. Nelson has recently rented an apartment. The settlement will allow her to stay housed there, or move closer to her grandchildren, and will cover some of her medical bills. She also hopes to be able to put some money toward her grandchildren’s education.

“For the homeless in Fresno this case has been a watershed event,” said Paul Alexander, lead attorney on the case. “The City has stopped the destruction of their property. They have caused new rules on dealing with the homeless to be created. They have gained compensation for the losses they suffered. But most importantly of all, they have shown that in this country, the Constitution applies to everyone and that our federal courts are a place where justice can be found, even if you are homeless and down and out.”

Funds from the settlement will help more than 250 class members in the lawsuit to meet housing-related costs, including security deposits, first and last month’s rent, or monthly rental payments. The funds can also cover transportation and medical care. The money will be issued by the Settlement Administrator to landlords or other providers of 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.

The case, Kincaid v. City of Fresno, was brought by the ACLU of Northern California, the Lawyer’s Committee for Civil Rights, and the firm of Heller Ehrman, LLP in October 2006.  Lead attorney Paul Alexander is formerly of Heller Ehrman, LLP and now with the law firm of Howrey LLP. Just two days after the case was filed the court issued a temporary restraining order against the City, and a preliminary injunction was issued in December 2006.  The City never appealed any of the court’s rulings. 

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