Case: Spalding v. City of Oakland

3:11-cv-02867 | U.S. District Court for the Northern District of California

Filed Date: Nov. 5, 2011

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On November 5, 2011, hundreds of people rallied in downtown Oakland to protest what they considered to be the inadequate sentence given to former police officer, Johannes Mehserle, for the killing of unarmed BART passenger, Oscar Grant. After the rally, a group of the demonstrators began to march to the BART station where Grant had been killed. The Oakland Police and other law enforcement agencies forced this group of marchers onto a side street, where they announced that the demonstration had …

On November 5, 2011, hundreds of people rallied in downtown Oakland to protest what they considered to be the inadequate sentence given to former police officer, Johannes Mehserle, for the killing of unarmed BART passenger, Oscar Grant. After the rally, a group of the demonstrators began to march to the BART station where Grant had been killed. The Oakland Police and other law enforcement agencies forced this group of marchers onto a side street, where they announced that the demonstration had been declared an unlawful assembly. The demonstrators were then detained, prevented from dispersing, and arrested.

This class-action lawsuit was filed on behalf of the nearly 150 demonstrators who allegedly were never ordered to disperse or given an opportunity to do so, and who allegedly were arrested without probable cause or legal basis. One of the named plaintiffs informed the police that he was there as a legal observer with the National Lawyers Guild and asked to be allowed to leave. He was arrested nonetheless. The demonstrators were held in buses and vans for several hours with their hands handcuffed behind their backs. Many class members alleged that they were denied bathroom access and were thus forced to urinate on themselves in the crowded vehicles. Almost all of the class members were then imprisoned in the Alameda County Jail overnight in overcrowded holding cells without room to lie down. All of the female class members were forced to submit to pregnancy tests under threat of transfer to the Santa Rita Jail in Dublin, CA, where they would be held for a longer period. Some class members were forced to submit to oral DNA swabbing. None of the class members were ever charged with crimes relating to these arrests.

The plaintiffs filed the lawsuit against the City of Oakland, Alameda County, and related individual defendants (the Chief of Police, various officers, etc.) in the United States District Court for the Northern District of California. The complaint alleged that the Oakland Police Department actions violated multiple provisions of the Oakland Crowd Management/Crowd Control Policy established in accordance with the settlement agreement in Local 10 ILWU et al. v. City of Oakland. The Crowd Control Policy restricted the City's power to declare an assembly unlawful only to those circumstances where demonstrators had already acted illegally or where they posed a clear and present danger of imminent violence. It also forbade the City from dispersing demonstrations that had not been declared unlawful, and required the City to provide an opportunity for demonstrators to disperse prior to arrest.

Plaintiffs also alleged that the mass arrest was the result of unlawful and unconstitutional policies and practices of Oakland, its Police Department, and Alameda and its Sheriff's Department. The Complaint specifically alleged that the defendants had violated the plaintiff class members' constitutionally guaranteed rights to freedom of speech and association, their right to be free from unreasonable searches and seizures, their rights to equal protection and due process, their right to be free from the use of excessive and arbitrary force, and their right to privacy. The case was brought under 42 U.S.C. § 1983, which allows private actions to be brought against States for violations of rights guaranteed by federal constitutional and statutory law.

The plaintiffs sought class certification, and injunctive relief enjoining the defendants from engaging in the alleged unconstitutional and unlawful practices in the future. They sought an injunction ordering the sealing and destruction of all records of the arrests of the class members, including fingerprints, DNA samples, and photographs, as well as the disclosure of any agencies and entities to whom such information had been relayed. They also sought compensatory, punitive, and exemplary damages, and legal costs.

On March 23, 2012, the Court (Judge Thelton E. Henderson) granted the plaintiffs' unopposed motion to certify a class of, "the approximately 150 people who were arrested in the mass arrest on 6th Avenue between East 17th and 18th Streets in Oakland on November 5, 2010, and who were never charged with any crime related to this arrest. (2012 WL 994644).

The parties spent the next several months discussing a settlement, which the Court preliminarily approved on June 13, 2013. The proposed agreement would result in the a payment of $1,025,000 to the class members, of which $350,000 would be paid to the plaintiffs' attorneys for fees and costs. The four plaintiffs acting as class representatives would receive $9,000 each for serving in that role. The remaining money would be distributed between the class members. The settlement also would require the sealing and destruction of the arrest records and related documents and information arising from the incident.

The agreement would also require systemic changes. It would authorize the parties to amend certain sections of the Local 10 Settlement, in consultation with the National Lawyers Guild - SF Bay Area Chapter. The Oakland Police Department and the Alameda Sheriff's Department would, in compliance with state law, be required to cite and release qualifying individuals accused of misdemeanors. Other provisions regarding the treatment of detained demonstrators, for instance, guaranteeing access to bathrooms and forbidding the taking of fingerprints and DNA samples of demonstrators facing only misdemeanor citations, were also included in the settlement.

On September 9, 2013, the Court approved the settlement and ordered sealing and destruction of arrest records for those found factually innocent of the charges for which the arrests were made. The agreement was set to last for four years, with the option of extending for an additional three if requested by either party.

The initial four-year timeline passed without request for extension, and so the case is now presumed closed.

Summary Authors

Alex Colbert-Taylor (7/9/2013)

Averyn Lee (3/10/2019)

Related Cases

Local 10 ILWU v. City of Oakland, Northern District of California (2003)

Angell v. Oakland, Northern District of California (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4178448/parties/spalding-v-city-of-oakland/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Aker, Gregory (California)

Alameda, County of (California)

Allen, Jason Michael (California)

Allen, Kevin Patrick (California)

Andrada, J. Randall (California)

Expert/Monitor/Master/Other
Judge(s)

Beeler, Laurel (California)

Henderson, Thelton Eugene (California)

Attorney for Defendant

Aker, Gregory (California)

Alameda, County of (California)

Allen, Jason Michael (California)

Allen, Kevin Patrick (California)

Andrada, J. Randall (California)

Bee, Maria (California)

Bliss, Kimberly (California)

Boley, Todd Alexander (California)

Bowen, Colin Troy (California)

Brooks, Dorrell Antone (California)

Brown, Thomas B. (California)

Burke, Carla Michelle (California)

Caldes, William G. (California)

Chao, Cedric C. (California)

Donohoe, Dolores Marie (California)

Drury, William W (California)

Emblidge, G. Scott (California)

Esades, Vincent J. (California)

Esq, Edward D. (California)

Evangelisti, Celeste Andrea (California)

Fastiff, Eric B. (California)

Fierro, Rocio V. (California)

Fineman, Steven E. (California)

Fiske, John Paul (California)

Foster, Michael W. (California)

Fox, Gregory Mellon (California)

Gans, Gary E. (California)

Gittleman, Jeffrey B. (California)

Glynn, Colin Patrick (California)

Gomez, John H. (California)

Gormley, Mary Ellyn (California)

Halby, Amy Elizabeth (California)

Hall, Randolph (California)

Hallifax, Peter J. (California)

Harris, Erica W. (California)

Heimann, Richard Martin (California)

Hoyt, Amy Eileen (California)

Hunter, Jeffrey Stephen (California)

Jefferson, Jamilah A (California)

Jordan, Howard (California)

Jordan-Davis, Madelyn G. (California)

Julius, Jason James (California)

Kaji, Saori (California)

Kee, Christopher (California)

Kim, Sumy (California)

Kingsdale, Andrew Scirica (California)

Kizer, Kathleen Sue (California)

Kortum, John Lauchlan (California)

Koss, Catherine Elizabeth (California)

Liberson, Joel Keith (California)

Llamas, Pelayo Antonio (California)

Loebs, Blake Philip (California)

Logue, Jennifer N. (California)

London, William H. (California)

Ly, Valerie Lu (California)

Lynch, Kara K (California)

Macaulay, Amber Rose (California)

MacKay, Raymond L. (California)

Marrow, Glenn Todd (California)

McDonald, Roy K. (California)

McFarland, Dylan J. (California)

McGee, Otis McGee (California)

Mehretu, David (California)

Meyers, Michelle M (California)

Moreno, Doryanna Marie (California)

Morodomi, Mark Takeshi (California)

Moskovitz, Michael E. (California)

Moutrie, Robert Sidney (California)

Murphy, Timothy P. (California)

Muscolino, Nicholas J (California)

Pang, Aileen (California)

Parker, Barbara J. (California)

Peck, Robert S. (California)

Pereda, David Alejandro (California)

Peretz, Yosef (California)

Peters, Temitayo O. (California)

Quadra, James A. (California)

Reding, Erin Hansen (California)

Rockwell, Gregory James (California)

Rosen, Arlene Marcia (California)

Rowell, Stephen Q. (California)

Russo, John Anthony (California)

Saveri, Joseph Richard (California)

Sazama, Jill (California)

Seltz, Daniel Edward (California)

Siegel, Kevin Drake (California)

Simmons, William Edmond (California)

Smith, Jodie A. (California)

Sokol, Sylvia (California)

Spector, Eugene A. (California)

Stocker, Lynne Goldsberry (California)

Strottman, Britt Kerstin (California)

Subramanian, Arun Srinivas (California)

Summy, Paul Scott (California)

TenEyck, Julia (California)

Thacker, Jon Mark (California)

Thomas, Gregory B. (California)

Vose, Charles Edward (California)

Wagner, Rachel (California)

Ward, Kenneth C. (California)

Warren, Selia Monique (California)

Weaver, Sayre (California)

Wenzel, Michael Charles (California)

Widen, Rebecca S. (California)

Williams, Dylan Russell (California)

Williams, Richard Martin (California)

Winnie, Richard Edward (California)

Woodward, David R. (California)

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Documents in the Clearinghouse

Document

3:11-cv-02867

Docket (PACER)

Sept. 30, 2013

Sept. 30, 2013

Docket
1

3:11-cv-02867

Class Action Complaint

June 11, 2011

June 11, 2011

Complaint
41

3:11-cv-02867

Order Granting Plaintiffs' Motion for Class Certification

March 23, 2012

March 23, 2012

Order/Opinion

2012 WL 2012

95-1

3:11-cv-02867

Settlement Agreement

May 16, 2013

May 16, 2013

Settlement Agreement
96

3:11-cv-02867

Order Granting Joint Motion for Preliminary Approval of Class Action Settlement

June 13, 2013

June 13, 2013

Order/Opinion
99

3:11-cv-02867

Order Approving Class Action Settlement

Sept. 9, 2013

Sept. 9, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4178448/spalding-v-city-of-oakland/

Last updated Feb. 18, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT (with jury demand) against Gregory Ahern, Darrin Allison, Anthony Batts, Eric Breshears, City Of Oakland, County of Alameda, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio, Edward Tracey (Filing fee $350, receipt number 44611007135). Filed byDanielle Lopez Green, Daniel Spalding, Katharine Loncke, Adrian Drummond-Cole. (cjl, COURT STAFF) (Filed on 6/13/2011) (Additional attachment(s) added on 6/14/2011: # 1 Civil Cover Sheet) (cjl, COURT STAFF). (Entered: 06/13/2011)

1 Civil Cover Sheet

View on PACER

June 13, 2011

June 13, 2011

RECAP
2

Summons Issued as to Gregory Ahern, Darrin Allison, Anthony Batts, Eric Breshears, City Of Oakland, County of Alameda, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio, Edward Tracey. (cjl, COURT STAFF) (Filed on 6/13/2011) (cjl, COURT STAFF). (Entered: 06/13/2011)

June 13, 2011

June 13, 2011

PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 12/1/2011. Case Management Conference set for 12/8/2011 10:30 AM in Courtroom 4, 3rd Floor, Oakland. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 6/13/2011) (Entered: 06/13/2011)

1 Standing Order

View on PACER

June 13, 2011

June 13, 2011

PACER
4

Declination to Proceed Before a U.S. Magistrate Judge by Darrin Allison, Anthony Batts, Eric Breshears, City Of Oakland, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio, Edward Tracey. (Simmons, William) (Filed on 7/27/2011) (Entered: 07/27/2011)

July 27, 2011

July 27, 2011

PACER
5

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ls, COURT STAFF) (Filed on 7/28/2011) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

PACER
6

ORDER REASSIGNING CASE. Case reassigned to Judge Susan Illston for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Signed by Executive Committee on 7/29/11. (kk, COURT STAFF) (Filed on 7/29/2011) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
7

MOTION to Relate Case to Case No. 00-4599-TEH filed by Daniel Spalding. (Lederman, Rachel) (Filed on 7/29/2011) (Entered: 07/29/2011)

July 29, 2011

July 29, 2011

PACER
8

ORDER RELATING CASE to C-00-4599-TEH. Signed by Judge Thelton E. Henderson on 08/01/2011. (tmi, COURT STAFF) (Filed on 8/1/2011) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
9

DEFENDANTS CITY OF OAKLAND, ANTHONY BATTS, HOWARD JORDAN, JEFF ISRAEL, ERIC BRESHEARS, EDWARD TRACEY, ANTHONY TORIBIO, DAVID DOWNING, ERSIE JOYNER, MIKE POIRIER, AND DARRIN ALLISONS' OPPOSITION TO re 7 PLAINTIFFS' ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Darrin Allison, Anthony Batts, Eric Breshears, City Of Oakland, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio, Edward Tracey. (Kee, Christopher) (Filed on 8/1/2011) Modified on 8/1/2011 (ys, COURT STAFF). (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
10

MOTION for leave to appear in Pro Hac Vice of Mara Verheyden-Hillard ( Filing fee $ 275, receipt number 34611062880.) filed by Adrian Drummond-Cole, Danielle Lopez Green, Katharine Loncke, Daniel Spalding. (Attachments: # 1 receipt, # 2 proposed order)(ys, COURT STAFF) (Filed on 8/1/2011) (Entered: 08/02/2011)

1 receipt

View on PACER

2 proposed order

View on PACER

Aug. 1, 2011

Aug. 1, 2011

PACER
11

MOTION for leave to appear in Pro Hac Vice of Carl Messineo ( Filing fee $ 275, receipt number 34611062882.) filed by Adrian Drummond-Cole, Danielle Lopez Green, Katharine Loncke, Daniel Spalding. (Attachments: # 1 receipt, # 2 proposed order)(ys, COURT STAFF) (Filed on 8/1/2011) (Entered: 08/02/2011)

1 receipt

View on PACER

2 proposed order

View on PACER

Aug. 1, 2011

Aug. 1, 2011

PACER
12

Order Signed by The Honorable Thelton E. Henderson granting re 10 Application for Admission of Attorney Pro Hac Vice as to Mara Verheyden-Hilliard. (tmi, COURT STAFF) (Filed on 8/4/2011) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
13

Order Signed by The Honorable Thelton E. Henderson granting re 11 Application for Admission of Attorney Pro Hac Vice as to Carl Messineo. (tmi, COURT STAFF) (Filed on 8/4/2011) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
14

CLERK'S NOTICE on Reassignment. Initial Case Management Conference set for 12/12/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco. (tmi, COURT STAFF) (Filed on 8/4/2011) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

PACER
15

CERTIFICATE OF SERVICE filed by Daniel Spalding of re 14 Clerk's Notice & re 8 Order Relating Case and Standing Order of Judge Henderson (Lederman, Rachel) (Filed on 8/8/2011) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
16

CERTIFICATE OF SERVICE filed by Adrian Drummond-Cole, Danielle Lopez Green, Katharine Loncke & Daniel Spalding of re 12 Order on Motion for Pro Hac Vice & re 13 Order on Motion for Pro Hac Vice. (Verheyden-Hilliard, Mara) (Filed on 8/18/2011) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
17

ANSWER to Civil Rights Class Action Complaint for Damages & Injunctive Relief & Declaratory Relief with JURY TRIAL DEMAND filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 8/29/2011) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
18

Certification of Interested Entities or Persons No.Dist.Civil.L.R. 3-16 filed by Gregory Ahern & County of Alameda (Rockwell, Gregory) (Filed on 8/29/2011) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
19

DEFENDANTS' ANSWER to Complaint filed by City of Oakland, Darrin Allison, Anthony Batts, Eric Breshears, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio & Edward Tracey. (Simmons, William) (Filed on 8/29/2011) (Entered: 08/29/2011)

Aug. 29, 2011

Aug. 29, 2011

PACER
20

(PROPOSED) STIPULATED PROTECTIVE ORDER filed by City Of Oakland, Anthony Batts, Howard Jordan, Jeff Israel, Eric Breshears, Edward Tracey, Anthony Toribio, David Downing, Ersie Joyner, Mike Poirier, Darrin Allison, Daniel Spalding, Katharine Loncke, Danielle Lopez Green, Adrian Drummond-Cole. (Simmons, William) (Filed on 9/16/2011) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER
21

STIPULATED PROTECTIVE ORDER. Signed by Judge Thelton E. Henderson on 9/19/2011. (tmi, COURT STAFF) (Filed on 9/19/2011) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

RECAP
22

NOTICE filed by Gregory Ahern, County of Alameda of Unavailability (Rockwell, Gregory) (Filed on 10/11/2011) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
23

JOINT CASE MANAGEMENT STATEMENT filed by Daniel Spalding. (Lederman, Rachel) (Filed on 12/1/2011) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
24

JOINT CASE MANAGEMENT STATEMENT corrected copy filed by Daniel Spalding. (Lederman, Rachel) (Filed on 12/2/2011) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
25

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rockwell, Gregory) (Filed on 12/6/2011) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
26

Minute Entry: Initial Case Management Conference held on 12/12/2011 before Judge Thelton E. Henderson. CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement Conference. Motion for Class Certification to be filed by 1/26/2012, opposition due by 2/24/2012, and reply due by 3/09/2012. Further Case Management Conference and Motion Hearing set for 3/26/2012 10:00 AM in Courtroom 2, 17th Floor, San Francisco. (not reported) (tmi, COURT STAFF) (Date Filed: 12/12/2011) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
27

STIPULATION PROPOSED STIPULATION AND ORDER by City Of Oakland. (Attachments: # 1 Exhibit Affirmative Defenses)(Simmons, William) (Filed on 12/13/2011) (Entered: 12/13/2011)

1 Exhibit Affirmative Defenses

View on PACER

Dec. 13, 2011

Dec. 13, 2011

PACER
28

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Magistrate Judge Laurel Beeler. Settlement Conference set for 4/10/2012 at 10:30 A.M. Signed by Magistrate Judge Laurel Beeler on 12/13/2011. (ls, COURT STAFF) (Filed on 12/14/2011) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
29

STIPULATION AND ORDER re Affirmative Defenses. Signed by Judge Thelton E. Henderson on 12/14/2011. (tmi, COURT STAFF) (Filed on 12/14/2011) (Entered: 12/14/2011)

Dec. 14, 2011

Dec. 14, 2011

RECAP
30

MOTION for Class Certification filed by Daniel Spalding. Motion Hearing set for 3/26/2012 at 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 2/24/2012. Replies due by 3/9/2012. (Lederman, Rachel) (Filed on 1/26/2012) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

RECAP
31

MEMORANDUM of Points & Authorities in Support of re 30 MOTION for Class Certification filed by Daniel Spalding. (Related document(s) 30 ) (Lederman, Rachel) (Filed on 1/26/2012) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
32

Declaration of Plaintiffs in Support of re 30 MOTION for Class Certification filed by Daniel Spalding. (Related document(s) 30 ) (Lederman, Rachel) (Filed on 1/26/2012) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
33

Declaration of Counsel Carol Sobel, Mara Verheyden-Hilliard, Carl Messineo, Bobbie Stein, and R. Michael Flynn in Support of re 30 MOTION for Class Certification filed by Daniel Spalding. (Related document(s) 30 ) (Lederman, Rachel) (Filed on 1/26/2012) (Entered: 01/26/2012)

Jan. 26, 2012

Jan. 26, 2012

PACER
34

Declaration of Rachel Lederman in Support of re 30 MOTION for Class Certification filed by Daniel Spalding. (Attachments: #(1) Exhibit Exhibit 19)(Related document(s) 30, 31 ) (Lederman, Rachel) (Filed on 1/26/2012) (Entered: 01/26/2012)

1 Exhibit Exhibit 19

View on PACER

Jan. 26, 2012

Jan. 26, 2012

PACER
35

Statement of Non-Opposition to re 30 Plaintiffs' MOTION for Class Certification filed by Darrin Allison, Anthony Batts, Eric Breshears, City Of Oakland, David Downing, Jeff Israel, Howard Jordan, Ersie Joyner, Mike Poirier, Anthony Toribio, Edward Tracey. (Related document(s) 30 ) (Simmons, William) (Filed on 2/23/2012) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
36

RESPONSE to (re 30 Plaintiffs' MOTION for Class Certification ) -Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Class Certification- filed by Gregory Ahern, County of Alameda. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Rockwell, Gregory) (Filed on 2/24/2012) (Entered: 02/24/2012)

1 Declaration

View on PACER

2 Declaration

View on PACER

3 Declaration

View on PACER

Feb. 24, 2012

Feb. 24, 2012

PACER
37

REPLY (re 30 MOTION to Certify Class ) filed byDaniel Spalding. (Attachments: # 1 Proposed Order granting plfs' Mot. for Class Certification, # 2 Declaration Plaintiffs' Supplemental Declarations, # 3 Declaration of Rachel Lederman, # 4 Signature Attestation)(Lederman, Rachel) (Filed on 3/9/2012) (Entered: 03/09/2012)

1 Proposed Order granting plfs' Mot. for Class Certification

View on PACER

2 Declaration Plaintiffs' Supplemental Declarations

View on PACER

3 Declaration of Rachel Lederman

View on PACER

4 Signature Attestation

View on PACER

March 9, 2012

March 9, 2012

PACER
38

CLERKS NOTICE: Effective March 20, 2012, Magistrate Judge Laurel Beeler's courtroom and chambers will be located in the Phillip Burton Federal Building and United States Courthouse, Courtroom C, 15th Floor, 450 Golden Gate Avenue, San Francisco, California 94102.On or after March 20, 2012, all filings for matters pending on Judge Beeler's docket, all court appearances, and all deliveries of chambers copies of documents must be made at the San Francisco Courthouse.The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged. Please note that all of Judge Beeler's case files will be moved to the San Francisco Courthouse, therefore all case numbers assigned to her will be changed slightly to reflect the correct venue. Previously, all case numbers started with 4 to indicate the Oakland office (Example: 4:12-cv-12345-LB). As of March 20, 2012, all of Judge Beeler's case files will begin with 3 to indicate the San Francisco office, but everything else will stay the same (Example: 3:12-cv-12345-LB). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 12-12345 (YY-NNNNN). For information on the San Francisco Courthouse's accessibility, parking, driving directions, public transit, hotels and other helpful links, please visit our website: http://www.cand.uscourts.gov, click on Court Information on the right hand side of our main page, then select the San Francisco link under Address and Jurisdiction. The main telephone number for the San Francisco Division is 415-522-2000. (ls, COURT STAFF) (Filed on 3/14/2012) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

PACER
39

CLERK'S NOTICE Vacating Hearing on Monday, 03/26/2012 re 30 Motion to Certify Class. This matter will be decided on papers submitted without oral argument. (tmi, COURT STAFF) (Filed on 3/20/2012) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
40

CLERK'S NOTICE Continuing Case Management Conference. Case Management Statement due by 4/30/2012. Further Case Management Conference set for 5/7/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. (tmi, COURT STAFF) (Filed on 3/20/2012) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
41

ORDER Signed by Judge Thelton E. Henderson granting re 30 Plaintiffs' motion for class certification. Parties shall meet and confer re: class notice and file a stipulation and proposed order by 04/27/12 or include a discussion in the joint case management conference statement due on 04/30/12 if agreement is not reached by that date. (tehlc3, COURT STAFF) (Filed on 3/23/2012) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

RECAP
42

REQUEST TO PERMIT DEFENDANT GREGORY AHERN TO PARTICIPATE IN SETTLEMENT CONFERENCE VIA TELEPHONE filed by County of Alameda & Gregory Ahern. (Rockwell, Gregory) (Filed on 3/27/2012) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
43

[PROPOSED] ORDER PERMITTING DEFENDANT GREGORY AHERN TO PARTICIPATE IN SETTLEMENT CONFERENCE VIA TELEPHONE re 42 filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 3/27/2012) (Entered: 03/27/2012)

March 27, 2012

March 27, 2012

PACER
44

Request to Excuse Attendance of Former Chief Anthony Batts at the Settlement Conference) filed by City of Oakland, Anthony Batts. (Simmons, William) (Filed on 3/29/2012) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
45

[Proposed] Order Excusing Former Chief Anthony Batts from Attending Settlement Conference filed by Anthony Batts, City Of Oakland. (Simmons, William) (Filed on 3/29/2012) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
46

ORDER directing response from Plaintiffs re: Defendants' requests to appear by telephone at settlement conference. Signed by Magistrate Judge Laurel Beeler on 03/29/2012. (lblc2, COURT STAFF) (Filed on 3/29/2012) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

RECAP
47

REQUEST to RESCHEDULE SETTLEMENT CONFERENCE AND CASE MANAGEMENT CONFERENCE filed by Daniel Spalding. (Lederman, Rachel) (Filed on 4/3/2012) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
48

DECLARATION OF SERVICE OF DEFENDANTS' EXCHANGED SETTLEMENT CONFERENCE STATEMENT by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 4/4/2012) (Entered: 04/04/2012)

April 4, 2012

April 4, 2012

PACER
49

ORDER RE-SETTING SETTLEMENT CONFERENCE to June 13, 2012 at 9:30 a.m. before Magistrate Judge Laurel Beeler. Please report to 450 Golden Gate Avenue, 15th Floor, Courtroom C, San Francisco, CA. Order by Magistrate Judge Laurel Beeler -- granting 47 Ex-Parte Application. (ls, COURT STAFF) (Filed on 4/5/2012) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

RECAP
50

CLERK'S NOTICE Rescheduling Case Management Conference. Case Management Statement due by 7/2/2012. Further Case Management Conference set for 7/9/2012 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. (tmi, COURT STAFF) (Filed on 4/9/2012) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
51

FURTHER REQUEST TO RESCHEDULE SETTLEMENT CONFERENCE AND [PROPOSED] ORDER filed by County of Alameda & Gregory Ahern. (Rockwell, Gregory) (Filed on 4/9/2012) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

PACER
52

ORDER RE-SETTING SETTLEMENT CONFERENCE re 51 : Settlement Conference re-set for 6/18/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 4/10/2012. (ls, COURT STAFF) (Filed on 4/10/2012) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

RECAP
53

[DRAFT] JOINT PROPOSAL FOR DISSEMINATION OF CLASS NOTICE and [PROPOSED] ORDER re 41 Order on re 30 Motion for dissemination of class notice filed by Daniel Spalding, City of Oakland. (Attachments: #(1) class notice)(Lederman, Rachel) (Filed on 5/3/2012) (Entered: 05/03/2012)

1 class notice

View on PACER

May 3, 2012

May 3, 2012

PACER
54

ORDER re: Class Notice re 53 . Signed by Judge Thelton E. Henderson on 5/8/2012. Plaintiffs' counsel shall file a declaration that class notice has been disseminated by 05/21/12. (tehlc3, COURT STAFF) (Filed on 5/8/2012) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

RECAP
55

Declaration of WILLIAM E. SIMMONS and REQUEST TO EXCUSE ATTENDANCE OF ASSISTANT CHIEF TORIBIO AND DEPUTY CHIEF BREASHEARS AT SETTLEMENT CONFERENCE filed by City Of Oakland. (Simmons, William) (Filed on 5/18/2012) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
56

[Proposed] Order re 55 REQUEST TO EXCUSE ATTENDANCE OF ASSISTANT CHIEF TORIBIO AND DEPUTY CHIEF BREASHEARS AT SETTLEMENT CONFERENCE by City Of Oakland. (Simmons, William) (Filed on 5/18/2012) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
57

Declarations re: 54 Order re Class Notice filed by Daniel Spalding. (Lederman, Rachel) (Filed on 5/21/2012) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

PACER
58

ORDER EXCUSING ASSISTANT CHIEF ANTHONY TORIBIO AND DEPUTY CHIEF ERIC BRESHEARS FROM ATTENDING SETTLEMENT CONFERENCE re 55 . Signed by Magistrate Judge Laurel Beeler on 5/21/2012. (ls, COURT STAFF) (Filed on 5/21/2012) (Entered: 05/22/2012)

May 21, 2012

May 21, 2012

RECAP
59

Declaration of Class Counsel in opposition to re 42 Request to Excuse Sheriff Ahern from Settlement Conference filed by Daniel Spalding. (Lederman, Rachel) (Filed on 6/4/2012) (Entered: 06/04/2012)

June 4, 2012

June 4, 2012

PACER
60

DECLARATION OF GREGORY J. ROCKWELL IN REPLY TO PLAINTIFFS' OPPOSITION TO REQUEST TO PERMIT DEFENDANT GREGORY AHERN TO PARTICIPATE IN SETTLEMENT CONFERENCE VIA TELEPHONE filed by Gregory Ahern, County of Alameda. (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C)(Rockwell, Gregory) (Filed on 6/5/2012) (Entered: 06/05/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

June 5, 2012

June 5, 2012

PACER
61

ORDER permitting Defendant Gregory Ahern to participate in settlement conference via telephone re 42 . Signed by Magistrate Judge Laurel Beeler on 6/14/2012. (lblc2, COURT STAFF) (Filed on 6/14/2012) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

RECAP
62

Minute Entry: Settlement Conference held. (Date Filed: 6/18/2012) (ls, COURT STAFF) (Date Filed: 6/18/2012) (Entered: 06/19/2012)

June 18, 2012

June 18, 2012

PACER
63

AMENDED Minute Entry: Settlement Conference held (Date Filed: 6/18/2012). (ls, COURT STAFF) (Date Filed: 6/18/2012) (Entered: 06/19/2012)

June 18, 2012

June 18, 2012

PACER
64

STIPULATION and [PROPOSED] ORDER Excusing Plaintiff Loncke and Defendant Jordan from Settlement Conference filed by Daniel Spalding, City of Oakland. (Lederman, Rachel) (Filed on 6/27/2012) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

PACER
65

STIPULATION AND ORDER EXCUSING PLAINTIFF KATHARINE LONCKE AND DEFENDANT CHIEF JORDAN FROM SETTLEMENT CONFERENCE re 64 . Signed by Magistrate Judge Laurel Beeler. (ls, COURT STAFF) (Filed on 6/29/2012) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

PACER
66

JOINT CASE MANAGEMENT STATEMENT filed by Daniel Spalding, City of Oakland. (Lederman, Rachel) (Filed on 7/2/2012) (Entered: 07/02/2012)

July 2, 2012

July 2, 2012

PACER
67

ORDER RE FURTHER SETTLEMENT CONFERENCE (JUDGE BEELER, COURT STAFF) (Filed on 7/3/2012) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

RECAP
70

Minute Entry: Further Settlement Conference held (Date Filed: 7/3/2012). (ls, COURT STAFF) (Date Filed: 7/3/2012) (Entered: 07/05/2012)

July 3, 2012

July 3, 2012

PACER
68

STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FURTHER SETTLEMENT CONFERENCE filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 7/5/2012) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
69

STIPULATION AND ORDER TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FURTHER SETTLEMENT CONFERENCE. Case stayed. Signed by Judge Thelton E. Henderson on 07/05/2012. (tmi, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

RECAP
71

NOTICE by Gregory Ahern, County of Alameda OF UNAVAILABILITY OF COUNSEL (Rockwell, Gregory) (Filed on 8/31/2012) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
72

FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FURTHER SETTLEMENT CONFERENCE AND [PROPOSED] ORDER filed by Gregory Ahern, County of Alameda, City of Oakland, Daniel Spalding, Katharine Loncke, Danielle Lopez Green, Adrian Drummond-Cole. (Rockwell, Gregory) (Filed on 9/5/2012) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
73

STIPULATION AND ORDER to Continue Case Management Conference and Stay Discovery and Litigation Pending Further Settlement Conference re 72 : Case Management Statement due by 11/9/2012. Further Case Management Conference set for 11/19/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 09/05/2012. (tmi, COURT STAFF) (Filed on 9/6/2012) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

RECAP
74

Minute Entry: Further Settlement Conference held. (Date Filed: 9/26/2012) Further Telephonic Settlement Conference set for 10/4/2012 at 1:45 P.M. before Magistrate Judge Laurel Beeler. (ls, COURT STAFF) (Date Filed: 9/26/2012) (Entered: 09/28/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
75

Minute Entry: Further Telephonic Settlement Conference held. (Date Filed: 10/10/2012) Settlement Conference set for 11/9/2012 at 10:30 A.M. in Courtroom C, 15th Floor, San Francisco. Telephonic Conference re Settlement Conference set for 10/22/2012 at 2:30 P.M. before Magistrate Judge Laurel Beeler. Telephonic C Conference re Settlement set for 10/16/2012 at 9:30 A.M. before Magistrate Judge Laurel Beeler. (ls, COURT STAFF) (Date Filed: 10/10/2012) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
76

Minute Entry: Further Telephonic Settlement Conference held. (Date Filed: 10/17/2012 (ls, COURT STAFF) (Date Filed: 10/17/2012) (Entered: 10/18/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
77

Minute Entry: Telephonic Settlement Conference held. (Date Filed: 11/2/2012) (ls, COURT STAFF) (Date Filed: 11/2/2012) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
78

Minute Entry: Further Telephonic Settlement Conference held. (Date Filed: 11/6/2012 (ls, COURT STAFF) (Date Filed: 11/6/2012) (Entered: 11/07/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
80

ORDER. Settlement Conference set for 12/19/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 11/8/2012. (ls, COURT STAFF) (Filed on 11/8/2012) (Entered: 11/09/2012)

Nov. 8, 2012

Nov. 8, 2012

RECAP
79

FURTHER STIPULATION and [PROPOSED] ORDER TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FURTHER SETTLEMENT CONFERENCE filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 11/9/2012) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
81

STIPULATION AND ORDER to Continue Case Management Conference and Stay Discovery and Litigation Pending Further Settlement Conference re 79 : Case Management Statement due by 1/28/2013. Further Case Management Conference set for 2/4/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/13/2012. (tmi, COURT STAFF) (Filed on 11/13/2012) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

RECAP
82

Remark: In the 1/22/2013 clerk's notice, the court directed an email update by Defendants by 1/23/2013 at 1:00 p.m. That update should be emailed to the orders box at lbpo@cand.uscourts.gov as soon as possible. (Beeler, Laurel) (Filed on 1/23/2013) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
83

Administrative MOTION to Consider Whether Cases Should Be Related filed by Steven Angell, Miles Avery, Molly Batchelder, Sri Louise, Cicily Cooper, Shareef Elfiki, Theodore Hextor, Lindsay Weber. (Attachments: #(1) Proposed Order)(Huang, Yolanda) (Filed 1/25/2013) (Entered: 01/25/2013)

1 Proposed Order

View on PACER

Jan. 25, 2013

Jan. 25, 2013

PACER
84

Minute Entry: Settlement Conference held. (Date Filed: 1/25/2013) Further Telephonic Settlement Conference set for 2/21/2013 11:30 A.M. before Magistrate Judge Laurel Beeler. (ls, COURT STAFF) (Date Filed: 1/25/2013) (Entered: 01/29/2013)

Jan. 25, 2013

Jan. 25, 2013

PACER
85

FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FINALIZATION OF TENTATIVE SETTLEMENT AND [PROPOSED] ORDER filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
86

STIPULATION AND ORDER to Continue Case Management Conference and Stay Discovery and Litigation Pending Finalization of Tentative Settlement. Case Management Statement due by 4/1/2013. Further Case Management Conference set for 4/8/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/29/2013. (tmi, COURT STAFF) (Filed on 1/29/2013) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

RECAP
87

Minute Entry: Further Telephonic Settlement Conference held. (Date Filed: 2/21/2013) Further Settlement Conference set for 3/21/2013 10:00 A.M. (ls, COURT STAFF) (Date Filed: 2/21/2013) (Entered: 02/22/2013)

Feb. 21, 2013

Feb. 21, 2013

PACER
88

Minute Entry: Further Settlement Conference held (Date Filed: 3/21/2013). Further Settlement Conference set for 4/4/2013 at 1:30 P.M. before Magistrate Judge Laurel Beeler. (ls, COURT STAFF) (Date Filed: 3/21/2013) (Entered: 03/22/2013)

March 21, 2013

March 21, 2013

PACER
89

FURTHER STIPULATION TO CONTINUE CASE MANANGEMENT CONFERENCE AND STAY DISCOVERY AND LITIGATION PENDING FINALIZATION OF TENTATIVE SETTLEMENT AND [PROPOSED] ORDER filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 3/28/2013) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
90

STIPULATION AND ORDER to Continue Case Management Conference and Stay Discovery and Litigation re 89 . Case Management Statement due by 5/6/2013. Further Case Management Conference set for 5/13/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/01/2013. (tmi, COURT STAFF) (Filed on 4/1/2013) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

RECAP
91

Minute Entry: Further Settlement Conference held (Date Filed: 4/4/2013). Further Settlement Conference set for 5/8/2013 at 1:30 P.M. (ls, COURT STAFF) (Date Filed: 4/4/2013) (Entered: 04/05/2013)

April 4, 2013

April 4, 2013

PACER
92

STIPULATION WITH [PROPOSED] ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER STAY DISCOVERY AND LITIGATION PENDING HEARING ON MOTION filed by Gregory Ahern, County of Alameda. (Rockwell, Gregory) (Filed on 5/8/2013) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
93

CLERK'S NOTICE Continuing Case Management Conference. Case Management Statement due by 7/15/2013. Further Case Management Conference set for 7/22/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. This is a text only docket entry. There is no document associate with this notice. (tmi, COURT STAFF) (Filed on 5/10/2013) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
94

STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE, SET HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND FURTHER STAY DISCOVERY AND LITIGATION PENDING HEARING ON MOTION: Motion Hearing set for 7/1/2013 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 05/13/2013. (tmi, COURT STAFF) (Filed on 5/14/2013) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

RECAP
95

Joint APPLICATION for Preliminary Approval of Class Action Settlement filed by Daniel Spalding. Motion Hearing set for 7/1/2013 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 6/5/2013. Replies due by 6/12/2013. (Attachments: # 1 Exhibit Exhibit 1, Settlement Agreement, # 2 Exhibit Exhibit A, Coles / Local 10 Stipulation & Order, # 3 Exhibit Exhibit B, ACSO Detention & Corrections Policy No. 11.65, # 4 Exhibit Exhibit D, Proposed Final Order and Judgment, # 5 Exhibit Exhibit 2, Proposed Class Notice of Settlement, # 6 Declaration Lederman Declaration in Support, #(7) [Proposed] Order Granting Preliminary Approval)(Lederman, Rachel) (Filed on 5/22/2013) (Entered: 05/22/2013)

1 Exhibit Exhibit 1, Settlement Agreement

View on RECAP

2 Exhibit Exhibit A, Coles / Local 10 Stipulation & Order

View on PACER

3 Exhibit Exhibit B, ACSO Detention & Corrections Policy No. 11.65

View on PACER

4 Exhibit Exhibit D, Proposed Final Order and Judgment

View on PACER

5 Exhibit Exhibit 2, Proposed Class Notice of Settlement

View on PACER

6 Declaration Lederman Declaration in Support

View on PACER

7 Proposed Order Proposed Order Granting Preliminary Approval

View on PACER

May 22, 2013

May 22, 2013

PACER
96

ORDER granting re 95 Joint Motion for Preliminary Approval of Class Action Settlement. Claim forms and objections due by 08/05/2013. Parties to file joint statement by 08/19/2013. Final Approval Hearing set for 09/09/2013 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/13/2013. (tehlc3, COURT STAFF) (Filed on 6/13/2013) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

RECAP
97

JOINT STATEMENT re Class Action Settlement Claims Status filed by Daniel Spalding, City of Oakland. (Attachments: #(1) Proposed Order Final Order & Judgment, # 2 Proposed Order Order of Exoneration and for Sealing and Destruction of Arrest Records)(Lederman, Rachel) (Filed on 8/20/2013) (Entered: 08/20/2013)

1 Proposed Order Final Order & Judgment

View on PACER

2 Proposed Order Order of Exoneration and for Sealing and Destruction of Arrest Re

View on PACER

Aug. 20, 2013

Aug. 20, 2013

PACER
98

[Corrected Proposed Order] of Exoneration and for Sealing and Destruction filed by Daniel Spalding. (Lederman, Rachel) (Filed on 9/8/2013) (Entered: 09/08/2013)

Sept. 8, 2013

Sept. 8, 2013

PACER
99

ORDER granting final approval of class action settlement. Signed by Judge Thelton E. Henderson on 09/09/13. (tehlc3, COURT STAFF) (Filed on 9/9/2013) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

RECAP
100

ORDER of exoneration and for sealing and destruction of arrest records. Signed by Judge Thelton E. Henderson on 09/09/13. (tehlc3, COURT STAFF) (Filed on 9/9/2013) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

RECAP

Case Details

State / Territory: California

Case Type(s):

Policing

Special Collection(s):

Occupy

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 5, 2011

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of approximately 150 demonstrators whose march was redirected into a closed side street and who, without prior opportunity to disperse, were arrested and held overnight.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Oakland (Oakland, Alameda), City

Alameda County (Alameda), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,025,000

Order Duration: 2013 - 2017

Issues

General:

Conditions of confinement

Over/Unlawful Detention

Record-keeping

Records Disclosure

Search policies

Policing:

False arrest