Case: Oliver v. City of Oakland

3:08-cv-04914 | U.S. District Court for the Northern District of California

Filed Date: Oct. 28, 2008

Closed Date: 2013

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Case Summary

On October 28, 2008, an African-American man filed this class-action lawsuit under 42 U.S.C. § 1983 against the Oakland, California Police Department and one of its officers. The suit was filed in U.S. District Court for the Northern District of California. The plaintiff, represented by private counsel, requested injunctive relief and monetary damages, alleging that the City unlawfully targeted citizens on the basis of race, violating the Fourth and Fourteenth Amendments. Specifically, the plai…

Specifically, the plaintiff claimed that officers of the police department had issued warrants based on intentionally false or misleading information, subjecting him to unreasonable search and seizure, arresting him without probable cause, and maliciously prosecuting him. On October 6, 2008, the charges against the plaintiff were dismissed when the Alameda County District Attorney's Office discovered that the warrant had been illegally obtained. Although the charges were dismissed, the plaintiff alleged that as a result of the unreasonable search and seizure, he was unable to work causing a loss of income and suffered damages for pain and emotional distress.

On February 9, 2009, a second amended complaint was filed. This complaint added plaintiffs, including African American and Hispanic men and women, who were allegedly subjected to unreasonable search and seizure stemming from illegally obtained warrants and many of whom had been subsequently arrested.

On August 5, 2010, the plaintiffs submitted a stipulated motion for approval of settlement. The United States District Court Northern District of California (Judge Thelton E. Henderson) granted the motion where the City offered to settle the monetary relief claims of the 104 individual plaintiffs and putative class members for total gross settlement sum of $6,500.00 inclusive of all attorney fees and costs. After reaching this agreement, the parties continued with settlement discussions on non-monetary relief claims. Their discussions focused on specific reforms intended to remedy the kind of police misconduct that occurred in this case that would be of substantial benefit to the putative class.

On February 14, 2011, the parties reached a non-monetary settlement agreement. The settlement set out specific procedures for the Oakland Police Department to obtain affidavits and warrants. The parties also agreed to set of protocols for drug evidence testing. The Court retained jurisdiction for two years from the settlement date so that the parties could petition for redress pertaining to compliance with their agreement.

	Document
3:08-cv-04914	Docket Oliver v. City of Oakland	March 14, 2011	March 14, 2011 Docket
1 3:08-cv-04914	Complaint for Damages, Declaratory and Injunctive Relief Oliver v. City of Oakland	Oct. 28, 2008	Oct. 28, 2008 Complaint
22 3:08-cv-04914	Second Amended Complaint	Feb. 6, 2009	Feb. 6, 2009 Complaint
66 3:08-cv-04914	Order on Stipulated Motion for Approval of Settlement	Aug. 5, 2010	Aug. 5, 2010 Order/Opinion
61 3:08-cv-04914	Stipulated Motion for Approval of Settlement	Aug. 5, 2010	Aug. 5, 2010 Pleading / Motion / Brief
180 3:08-cv-04914	Stipulation for Approval of Motion to Settle Non-Monetary Relief Claims	Feb. 14, 2011	Feb. 14, 2011 Order/Opinion

ECF Number	Description	Date	Link Date / Link
	Case Referred to ECF	Oct. 28, 2008	Oct. 28, 2008 PACER
1	COMPLAINT; with jury demand, against City of Oakland, Karla Rush ( Filing fee $ 350, receipt number 44611002762.). Filed byReginald Oliver. (jlm, COURT STAFF) (Filed on 10/28/2008) (jlm, COURT STAFF). (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 Clearinghouse
2	ADR SCHEDULING ORDER: Case Management Statement due by 1/28/2009. Case Management Conference set for 2/4/2009 03:00 PM. (jlm, COURT STAFF) (Filed on 10/28/2008) (Additional attachment(s) added on 10/28/2008: # 1 Standing Order - SBA) (jlm, COURT STAFF). (Entered: 10/28/2008) 1 Standing Order - SBA View on PACER	Oct. 28, 2008	Oct. 28, 2008 PACER
3	MOTION to Relate Case C-00-4599-TEH filed by Reginald Oliver. (jlm, COURT STAFF) (Filed on 10/28/2008) (jlm, COURT STAFF). (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 PACER
4	Summons Issued as to City of Oakland, Karla Rush. (jlm, COURT STAFF) (Filed on 10/28/2008) (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 PACER
5	CLERKS NOTICE Case Management Conference set for 2/4/2009 03:00 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 10/28/2008) (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008 PACER
	Create Case Association	Nov. 4, 2008	Nov. 4, 2008 PACER
	Case Assigned/Reassigned	Nov. 4, 2008	Nov. 4, 2008 PACER
6	ORDER REASSIGNING and RELATING CASE to C00-4599 TEH. Signed by Judge Thelton E. Henderson on 11/04/08. (rbe, COURT STAFF) (Filed on 11/4/2008) (Entered: 11/04/2008)	Nov. 4, 2008	Nov. 4, 2008 PACER
7	CLERKS NOTICE: Initial Case Management Conference set for 2/9/2009 01:30 PM. (rbe, COURT STAFF) (Filed on 11/5/2008) (Entered: 11/05/2008)	Nov. 5, 2008	Nov. 5, 2008 PACER
8	AMENDED COMPLAINT against all defendants. Filed byJoseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw, Reginald Oliver. (Houk, Julie) (Filed on 11/10/2008) (Entered: 11/10/2008)	Nov. 10, 2008	Nov. 10, 2008 RECAP
9	ORIGINAL SUMMONS in a Civil Case Returned Unexecuted Filed by Plaintiffs Reginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham & Mesiah Shaw as to Defendants City of Oakland & Karla Rush. (tn, COURT STAFF) (Filed on 11/12/2008) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008 PACER
10	SUMMONS on First Amended Complaint Issued as to Defendants City of Oakland & Karla Rush. (tn, COURT STAFF) (Filed on 11/12/2008) (Entered: 11/13/2008)	Nov. 12, 2008	Nov. 12, 2008 PACER
11	NOTICE by City of Oakland (Of Related Case) (Rowell, Stephen) (Filed on 12/3/2008) (Entered: 12/03/2008)	Dec. 3, 2008	Dec. 3, 2008 PACER
12	ORDER RELATING CASE to C08-4984 CW. Signed by Judge Thelton E. Henderson on 12/09/08. (rbe, COURT STAFF) (Filed on 12/10/2008) (Entered: 12/10/2008)	Dec. 10, 2008	Dec. 10, 2008 PACER
13	STIPULATION and [Propsoed] Protective Order re: City of Oakland Police Department Personnel, Criminal Investigation, Internal Affairs and Discipline Records by City of Oakland. (Rowell, Stephen) (Filed on 12/16/2008) (Entered: 12/16/2008)	Dec. 16, 2008	Dec. 16, 2008 PACER
14	STIPULATION AND PROTECTIVE ORDER re: Oakland Police Department's records. Signed by Judge Thelton E. Henderson on 12/17/08. (rbe, COURT STAFF) (Filed on 12/17/2008) (Entered: 12/17/2008)	Dec. 17, 2008	Dec. 17, 2008 RECAP
15	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Houk, Julie) (Filed on 1/14/2009) (Entered: 01/14/2009)	Jan. 14, 2009	Jan. 14, 2009 PACER
16	ADR Clerks Notice Setting ADR Phone Conference on 2/5/09 at 10:00 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 1/26/2009) (Entered: 01/26/2009)	Jan. 26, 2009	Jan. 26, 2009 PACER
	ADR Remark	Jan. 28, 2009	Jan. 28, 2009 PACER
17	CASE MANAGEMENT STATEMENT filed by Reginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw. (Houk, Julie) (Filed on 2/2/2009) (Entered: 02/02/2009)	Feb. 2, 2009	Feb. 2, 2009 PACER
	ADR Phone Conference held	Feb. 4, 2009	Feb. 4, 2009 PACER
18	STIPULATION and [Proposed] Order Granting Plaintiffs Leave to File Second Amended Complaint for Damages, Declaratory and Injunctive Relief by Nedya Shaw, Grace Foster, Dannie Carter, Jr, Nicole Jackson, N. O., Anthony Biggins, Ricketa Lynn Matthews, Cheryl Hopkins, Travis Hopkins, Daniel Casey, Humberto Torres, Reginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw. (Houk, Julie) (Filed on 2/6/2009) (Entered: 02/06/2009)	Feb. 6, 2009	Feb. 6, 2009 PACER
19	STIPULATION and Proposed Order for Continuance of Case Management Statement by City of Oakland. (Rowell, Stephen) (Filed on 2/6/2009) (Entered: 02/06/2009)	Feb. 6, 2009	Feb. 6, 2009 PACER
20	STIPULATION AND ORDER continuing the Initial Case Management Conference to 3/2/2009 at 01:30 PM. Signed by Judge Thelton E. Henderson on 02/06/09. (rbe, COURT STAFF) (Filed on 2/9/2009) (Entered: 02/09/2009)	Feb. 9, 2009	Feb. 9, 2009 RECAP
21	STIPULATION AND ORDER GRANTING leave to file a second amended complaint. Signed by Judge Thelton E. Henderson on 02/06/09. (rbe, COURT STAFF) (Filed on 2/9/2009) (Entered: 02/09/2009)	Feb. 9, 2009	Feb. 9, 2009 RECAP
22	AMENDED COMPLAINT Second Amended Complaint against City of Oakland, Karla Rush. Filed byReginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw, Nedya Shaw, Grace Foster, Dannie Carter, Jr, Nicole Jackson, N. O., Anthony Biggins, Ricketa Lynn Matthews, Cheryl Hopkins, Travis Hopkins, Daniel Casey, Humberto Torres. (Houk, Julie) (Filed on 2/19/2009) (Entered: 02/19/2009)	Feb. 19, 2009	Feb. 19, 2009 RECAP
23	SUMMONS on First Amended Complaint Returned Unexecuted Filed by Plaintiffs Reginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw, Nedya Shaw, Grace Foster, Dannie Carter, Jr, Nicole Jackson, N. O., Anthony Biggins, Ricketa Lynn Matthews, Cheryl Hopkins, Travis Hopkins, Daniel Casey & Humberto Torres as to Defendants City of Oakland & Karla Rush. (tn, COURT STAFF) (Filed on 2/20/2009) (Entered: 02/24/2009)	Feb. 20, 2009	Feb. 20, 2009 PACER
24	SUMMONS on Second Amended Complaint Issued as to Defendants City of Oakland & Karla Rush. (tn, COURT STAFF) (Filed on 2/23/2009) (Entered: 02/24/2009)	Feb. 23, 2009	Feb. 23, 2009 PACER
25	STIPULATION (Amended) and [Propsoed] Protective Order Re: City of Oakland Police Department Personnel, Criminal Investigation, Internal Affairs and Discipline Records by City of Oakland. (Rowell, Stephen) (Filed on 2/24/2009) (Entered: 02/24/2009)	Feb. 24, 2009	Feb. 24, 2009 PACER
26	Amended STIPULATION and PROTECTIVE ORDER. Signed by Judge Thelton E. Henderson on 02/25/09. (rbe, COURT STAFF) (Filed on 2/25/2009) (Entered: 02/25/2009)	Feb. 25, 2009	Feb. 25, 2009 PACER
27	CASE MANAGEMENT STATEMENT Supplement to Joint Case Management Conference Statement filed by Reginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw, Nedya Shaw, Grace Foster, Dannie Carter, Jr, Nicole Jackson, N. O., Anthony Biggins, Ricketa Lynn Matthews, Cheryl Hopkins, Travis Hopkins, Daniel Casey, Humberto Torres. (Houk, Julie) (Filed on 2/26/2009) (Entered: 02/26/2009)	Feb. 26, 2009	Feb. 26, 2009 PACER
28	Minute Entry: Initial Case Management Conference held on 3/2/2009 before Judge Thelton E. Henderson. Case Management Conference set for 6/22/2009 at 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 3/2/2009) (Entered: 03/02/2009)	March 2, 2009	March 2, 2009 PACER
29	NOTICE OF REFERENCE AND ORDER RE DISCOVERY PROCEDURES. Signed by Judge Joseph C. Spero on 03/04/09. (klh, COURT STAFF) (Filed on 3/4/2009) (Entered: 03/05/2009)	March 4, 2009	March 4, 2009 RECAP
30	MOTION to Relate Case to The Estate of Jerry A. Amaro, Case No. C09-01019 MEJ filed by The Estate of Jerry A. Amaro III, Geraldine Montoya, Stephanie Montoya. (Houk, Julie) (Filed on 3/11/2009) (Entered: 03/11/2009)	March 11, 2009	March 11, 2009 PACER
31	SUMMONS on Second Amended Complaint Returned Executed Filed by PlaintiffsReginald Oliver, Joseph Batieste, Jr., Antoinette McCullough, Delandro Brown, Dannie Carter, Sr., Lawrence Graham, Mesiah Shaw, Nedya Shaw, Grace Foster, Dannie Carter, Jr, Nicole Jackson, N. O., Anthony Biggins, Ricketa Lynn Matthews, Cheryl Hopkins, Travis Hopkins, Daniel Casey, Humberto Torres Upon Defendant Karla Rush Served Personally to Bob Rush on 5/2/2009. (tn, COURT STAFF) (Filed on 5/11/2009) (Entered: 05/12/2009)	May 11, 2009	May 11, 2009 PACER
32	CASE MANAGEMENT STATEMENT Joint Further Case Management Conference Statement filed by Joseph Batieste, Jr., Anthony Biggins, Delandro Brown, Dannie Carter, Jr, Dannie Carter, Sr., Daniel Casey, Grace Foster, Lawrence Graham, Cheryl Hopkins, Travis Hopkins, Nicole Jackson, Ricketa Lynn Matthews, Antoinette McCullough, N. O., Reginald Oliver, Mesiah Shaw, Nedya Shaw, Humberto Torres. (Houk, Julie) (Filed on 6/15/2009) (Entered: 06/15/2009)	June 15, 2009	June 15, 2009 PACER
	Case Referred to Magistrate Judge for Settlement	June 22, 2009	June 22, 2009 PACER
33	Minute Entry: Further Case Management Conference held on 6/22/2009 before Judge Thelton E. Henderson. CASE REFERRED to Magistrate Judge Larson for Settlement Conference. Case Management Conference set for 9/21/2009 at 01:30 PM. (not reported) (rbe, COURT STAFF) (Date Filed: 6/22/2009) (Entered: 06/22/2009)	June 22, 2009	June 22, 2009 PACER
34	Order Setting Settlement Conference before Magistrate Judge James Larson. Settlement Conference set for 9/16/2009 02:00 PM. Signed by Judge James Larson on 6/24/09. (jlsec, COURT STAFF) (Filed on 6/24/2009) (Entered: 06/24/2009)	June 24, 2009	June 24, 2009 PACER

Case: Oliver v. City of Oakland

3:08-cv-04914 | U.S. District Court for the Northern District of California

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