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Case Name Baker v. Katehi PN-CA-0019
Docket / Court 2:12-cv-00450 ( E.D. Cal. )
State/Territory California
Case Type(s) Policing
Speech and Religious Freedom
Special Collection Occupy
Attorney Organization ACLU Chapters (any)
Case Summary
On February 22, 2012, twenty-one plaintiffs filed this class action in the U.S. District Court for the Eastern District of California against the Regents of the University of California (the Chancellor was Katehi, hence the case caption) and against members of the campus police. The plaintiffs, ... read more >
On February 22, 2012, twenty-one plaintiffs filed this class action in the U.S. District Court for the Eastern District of California against the Regents of the University of California (the Chancellor was Katehi, hence the case caption) and against members of the campus police. The plaintiffs, represented by the American Civil Liberties Union of Northern California and private counsel, asked the court for injunctive relief; declaratory relief; compensatory, punitive, exemplary, and statutory damages; and attorney's fees. They alleged a violation of the First Amendment (freedom of speech and assembly), the Fourth Amendment (unreasonable search and seizure), and the Fourteenth Amendment (taking property without due process of law). Plaintiffs also alleged violations of corresponding provisions of the California Constitution, and also of § 836(a) of the California Penal Code (false arrest/imprisonment); § 52.1 of the California Civil Code; and § 845.6 of the California Government Code (failure to provide medical care to the protesters).

The events giving rise to the lawsuit occurred on November 18, 2011. University of California at Davis students in the campus quad engaged in a nonviolent protest against university privatization, distribution of resources, tuition hikes, police brutality, and other policies adopted by the University administration and the Board of Regents. The students set up tents and met to "occupy the quad" (modeled after the "Occupy Wallstreet" movement). On the afternoon of November 18, the police chief delivered a letter from the Chancellor directing students to remove the tents, but they decided to continue their protest. Campus police then allegedly arrested students without probable cause and shot high-concentration pepper spray directly into their faces. These actions were recorded on video and circulated nationally. Nineteen of the plaintiffs were university students at the time of the incident and two were recent graduates.

On March 14, 2012, the Court approved an extension of time so that the parties could explore settlement. On August 15 and 16, 2012, the parties engaged in mediation (before the Ret. Hon. Raul Ramirez) and reached an agreement. They filed this settlement with the Court on September 26, 2012. The defendants agreed to pay $630,000 to the plaintiffs ($30,000 per named plaintiff). Defendants also agreed to pay $20,000 to each additional class member whose claim is approved, with the total damages for the class members capped at $100,000 (damages would be pro rata shares if there are more than five class members). Defendants also agreed that for two years they will provide the ACLU attorneys with an opportunity to review, comment, and provide input on the Davis campus' written policies about the use of force by police, the handling of student demonstrations, and crowd control (and will pay attorneys' fees for their time). The Chancellor also agreed to give a personal, written apology to each of the plaintiffs and to any class members who submit an approved claim form. Further, the settlement stated that a student affairs representative will provide academic assistance and counseling to any plaintiffs and class members who need such assistance as a result of the incident. The settlement also included $250,000 in attorneys' fees and costs.

On September 27, 2012, the Court (Judge John A. Mendez) granted preliminary approval of the parties' proposed settlement, certifying the settlement class, approving class notice and scheduling the final approval hearing.

On January 9, 2013, the Court (Judge Mendez) approved the settlement. The approved settlement class included "all persons who were arrested or directly sprayed with pepper spray by police officers working for or on the behalf of the University of California, Davis Police Department on November 18, 2011, on the area known as 'the Quad,' on the University of California, Davis campus."

Emily Goldman - 03/02/2012


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
College/University
General
Excessive force
False arrest
Loss or damage to property
Over/Unlawful Detention
Pepper/OC spray
School/University policies
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) U.S. Davis Police Department
University of California
Plaintiff Description All persons who were arrested or directly sprayed with pepper spray by police officers working for or on the behalf of the University of California, Davis Police Department on November 18, 2011, on the area known as "the Quad," on the University of California, Davis campus
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - 2015
Case Closing Year 2013
Case Ongoing Yes
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
2:12−cv−00450 (E.D. Cal.) 01/09/2013
PN-CA-0019-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages for Violation of CIvil Rights with Supplemental Claims for Violation of the California State Constitution and Statutes Jury Trial Demanded 02/22/2012
PN-CA-0019-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Class Action Complaint for Damages for Violation of Civil Rights with Supplemental Claims for Violation of the California State Constitution and Statutes 09/26/2012
PN-CA-0019-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Settlement 09/26/2012
PN-CA-0019-0004 PDF | Detail
Document Source:
Order Granting Preliminary Approval of the Proposed Settlement, Certifying the Settlement Class, Approving Class Notice, and Scheduling Final Approval Hearing 09/27/2012 (E.D. Cal.)
PN-CA-0019-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Supplemental Order Granting Preliminary Approval of Proposed Settlement, Certifying the Settlement Class, Approving Class Notice and Scheduling Final Approval Hearing 10/02/2012 (E.D. Cal.)
PN-CA-0019-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Order and Judgment 01/09/2013 (E.D. Cal.)
PN-CA-0019-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brennan, Edmund F. Court not on record
PN-CA-0019-9000
Mendez, John A. (E.D. Cal.)
PN-CA-0019-0001 | PN-CA-0019-0005 | PN-CA-0019-9000
Monitors/Masters None on record
Plaintiff's Lawyers Coleman, Novella (California)
PN-CA-0019-0002 | PN-CA-0019-0003 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006
DeMartini, Lauren B (California)
PN-CA-0019-9000
Lye, Linda (California)
PN-CA-0019-0002 | PN-CA-0019-0003 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006 | PN-CA-0019-9000
Merin, Mark E. (California)
PN-CA-0019-0001 | PN-CA-0019-0002 | PN-CA-0019-0003 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006 | PN-CA-0019-9000
Risher , Michael Temple (California)
PN-CA-0019-0002 | PN-CA-0019-0003 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006 | PN-CA-0019-9000
Schlosser, Alan Lawrence (California)
PN-CA-0019-0001 | PN-CA-0019-0002 | PN-CA-0019-0003 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006
Wallis, Meredith (California)
PN-CA-0019-0001 | PN-CA-0019-0002 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-0006
Defendant's Lawyers Bakhit, John H. (California)
PN-CA-0019-9000
Cassidy, Terence J (California)
PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-9000
Cockrell, Lina Balciunas (California)
PN-CA-0019-9000
Gaspard, Christopher Lee (California)
PN-CA-0019-9000
Jasmine, Jason H. (California)
PN-CA-0019-9000
McGill, Michael A (California)
PN-CA-0019-9000
Mola, Katherine L.M. (California)
PN-CA-0019-0004 | PN-CA-0019-9000
O'Brien, Kevin P. (California)
PN-CA-0019-0004 | PN-CA-0019-0005
Perry, Russel Marc (California)
PN-CA-0019-9000
Rode, Suzanne E. (California)
PN-CA-0019-0004 | PN-CA-0019-0005
Sharp, Daniel Joseph (California)
PN-CA-0019-0001 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-9000
Sheehan, Nancy Joan (California)
PN-CA-0019-0001 | PN-CA-0019-0004 | PN-CA-0019-0005 | PN-CA-0019-9000
Other Lawyers None on record

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