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Case Name Vasquez v. Rackaukas PN-CA-0025
Docket / Court 09-cv-1090 ( C.D. Cal. )
State/Territory California
Case Type(s) Policing
Attorney Organization ACLU of Southern California
Case Summary
On September 23, 2009, Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC) filed this lawsuit against Orange County in the United States District Court for the Central District of California. Proceeding ... read more >
On September 23, 2009, Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC) filed this lawsuit against Orange County in the United States District Court for the Central District of California. Proceeding under 28 U.S.C. §1983, 28 U.S.C. § 2241, and state law, plaintiffs, represented by the ACLU of Southern California, asked the court for declaratory and injunctive relief and petitioned for the writ of habeas corpus. They alleged that plaintiffs were denied procedural due process when defendants enforced a permanent injunction against them as members of OVC without a constitutionally adequate hearing.

This case originates from a related proceeding, People v. Orange Varrio Cypress Criminal Street Gang, Orange County Superior Court, 30-2009 00118739 (Feb. 17, 2009), in which the Orange County District Attorney's Office (OCDA) sought a permanent injunction against members of the OVC. The injunction restricted a range of activities in a gang operation area in the city of Orange, deemed the "Safety Zone," and included a curfew as well as a ban on certain clothing, "intimidating" behavior, and many other elements implicating free speech, movement, and associational rights. However, the OCDA voluntarily dismissed plaintiffs who appeared by filing an answer in that case. The OCDA subsequently obtained a default judgment against the remaining individuals and OVC as an entity. OCDA then served the order on the individuals originally named as defendants but voluntarily dismissed from the lawsuit, a tactic known as "dismiss-and-serve." Plaintiffs claim that defendants violated their procedural due process rights by failing to provide an opportunity for plaintiffs to contest whether the order applied to them.

On November 17, 2009, the United States District Court for the Central District of California (Judge Valerie B. Fairbank) denied plaintiffs' motion for preliminary injunction to enjoin enforcement of the permanent injunction against them, on the grounds that it lacked the requisite specificity and detail.

On April 19, 2010, Judge Fairbank granted plaintiffs' motion for class certification, certifying as a class the individual defendants in the state case who appeared in the Superior Court to defend themselves but were voluntarily dismissed by OCDA. The Court also certified a sub-class of juveniles named as individual defendants in the state court for whom no guardian ad litem was appointed and who were voluntarily dismissed by the OCDA.

Following an eleven day bench trial, on May 10, 2011, Judge Fairbank granted a permanent injunction barring enforcement of the order. Vasquez v. Rackauckas, 2011 WL 1791091 (C.D. Cal. May 10, 2011). The Court held that the OCDA deprived plaintiffs of constitutionally protected liberty interests and failed to provide adequate procedural protections, including an adequate pre-deprivation hearing. The Court denied the writ of habeas corpus because the plaintiffs were not in "custody" for the purposes of the writ. The Court awarded plaintiffs' attorney's fees on July 28, 2011. Vasquez v. Rackauckas, 2011 WL 3320482 (C.D. Cal. July 29, 2011).

On November 5, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the District Court's issuance of injunctive relief barring enforcement of the state's court order against the plaintiffs. Vasquez v. Rackauckas, 734 F.3d 1025 (9th Cir. 2013) (Judge Marsha S. Berzon). However, the Circuit Court reversed the District Court's judgment as to the state claim against Defendant Rauckauckas, sued in his official capacity as the head of the OCDA, on the grounds that it was barred by Pennhurst State School & Hosp. v. Alderman, 465 U.S. 89 (1984). This official immunity analysis did not impact the plaintiffs' federal due process claims or the corresponding relief granted. In accordance with this ruling, the Circuit Court held that because Rackauckas was not subject to equitable remedies for violations of state law, there may be some difference in the amount of attorney's fee award that could be applied to him. Subsequent litigation over attorneys' fees is ongoing in the District Court.

Samantha Kirby - 10/01/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Content of Injunction
Preliminary relief denied
Defendant-type
Jurisdiction-wide
Law-enforcement
Plaintiff Type
Private Plaintiff
Causes of Action State law
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
42 U.S.C. § 1983
Defendant(s) Orange County
Plaintiff Description Orange County residents named as defendants in a public nuisance abatement action targeting the Orange Varrio Cypress Criminal Street Gang (OVC)
Indexed Lawyer Organizations ACLU of Southern California
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2011 - n/a
Case Closing Year n/a
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)
8:09−cv−01090 (C.D. Cal.) 08/27/2014
PN-CA-0025-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/23/2009
PN-CA-0025-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Preliminary Injunction 11/17/2009 (C.D. Cal.)
PN-CA-0025-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Tentative Ruling re Motion for Class Certification 04/08/2010 (C.D. Cal.)
PN-CA-0025-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Class Certification 04/19/2010 (C.D. Cal.)
PN-CA-0025-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
C.D. Cal. Opinion 05/10/2011 (2011 WL 1791091) (C.D. Cal.)
PN-CA-0025-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Attorney's Fees 07/29/2011 (2011 WL 3320482) (C.D. Cal.)
PN-CA-0025-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 11/05/2013 (734 F.3d 1025)
PN-CA-0025-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Berzon, Marsha Siegel (Ninth Circuit)
PN-CA-0025-0006
Block, Robert N. (C.D. Cal.) [Magistrate]
PN-CA-0025-9000
Fairbank, Valerie Baker (C.D. Cal.)
PN-CA-0025-0002 | PN-CA-0025-0003 | PN-CA-0025-0004 | PN-CA-0025-0005 | PN-CA-0025-0007 | PN-CA-0025-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bibring, Peter (California)
PN-CA-0025-0001 | PN-CA-0025-9000
Helzer, Belinda Escobosa (California)
PN-CA-0025-0001 | PN-CA-0025-9000
Kreilkamp, Jacob S. (California)
PN-CA-0025-9000
Nagala, Sarala Vidya (California)
PN-CA-0025-9000
Rosenbaum, Mark Dale (California)
PN-CA-0025-0001 | PN-CA-0025-9000
Smolowe, Laura Danielle (California)
PN-CA-0025-9000
Torres, Marina A (Washington)
PN-CA-0025-9000
Villagra, Hector O. (California)
PN-CA-0025-0001 | PN-CA-0025-9000
Ybarra, Joseph J (California)
PN-CA-0025-9000
Defendant's Lawyers Culp, Melissa D (California)
PN-CA-0025-9000
Harman, James Clement (California)
PN-CA-0025-9000
Harrell, S. Frank (California)
PN-CA-0025-9000
Winthers, Wayne W (California)
PN-CA-0025-9000
Other Lawyers None on record

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