University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name City and County of San Francisco v. Sessions PB-CA-0050
Docket / Court 4:18-cv-02068-DMR ( N.D. Cal. )
State/Territory California
Case Type(s) Public Benefits / Government Services
Case Summary
The City and County of San Francisco (the City) filed this suit on April 5, 2018, challenging the Department of Justice's (DOJ) bulk rescission of documents that provided guidance of the DOJ's interpretation of laws protecting various groups of people. In so doing, the City argued that the DOJ ... read more >
The City and County of San Francisco (the City) filed this suit on April 5, 2018, challenging the Department of Justice's (DOJ) bulk rescission of documents that provided guidance of the DOJ's interpretation of laws protecting various groups of people. In so doing, the City argued that the DOJ undermined civil rights protections for marginalized communities and undermined regulated entities like the City from being able to effectively comply with federal law. The City argued that the DOJ did not provide a meaningful reason for the rescission, in violation of the Administrative Procedure Act (APA). The City sought declaratory and injunctive relief. The case was filed in the U.S. District Court for the Northern District of California and assigned to Magistrate Judge Donna M. Ryu.

The City argued that these documents provided guidance to various regulated entities and "helped to protect civil rights of marginalized individuals," including "immigrants, the poor, people of color, and people with disabilities." The City argued that the reason given for the rescission was a press release that merely stated the documents were "unnecessary, inconsistent with existing law, or otherwise improper." The City argued this reason was conclusory and lacked particularized justifications for specific documents. While some parts of the DOJ website explain the withdrawal of particular documents, the City argued that the DOJ did not provide justification for withdrawing six particularly important documents. These six documents included guidance for state and local governments regarding removing unlawful juvenile offender fees, discrimination protection for disabled individuals, and discrimination protection under the Immigration and Nationality Act. The complaint highlighted that this rescission occurred in the context of a DOJ guided under Attorney Jefferson Sessions that "has shown a shocking disregard for protecting the rights of vulnerable communities, rolling back civil rights initiatives in a wide variety of areas."

The case has been assigned to Magistrate Judge Donna M. Ryu. It is ongoing.

Virginia Weeks - 04/09/2018


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Issues and Causes of Action
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Issues
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
Immigration status
General
Fines/Fees/Bail/Bond
Juveniles
Plaintiff Type
City/County Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) U.S. Department of Justice
Plaintiff Description City and County of San Francisco
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
4:18-cv-2068 (N.D. Cal.)
PB-CA-0050-9000.pdf | Detail
Date: 04/06/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-CA-0050-0001.pdf | Detail
Date: 04/05/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Ryu, Donna Miae Court not on record
PB-CA-0050-9000
Plaintiff's Lawyers Eisenberg, Sara J. (California)
PB-CA-0050-0001 | PB-CA-0050-9000
Flynn, Ronald P. (California)
PB-CA-0050-0001 | PB-CA-0050-9000
Herrera, Dennis J. (California)
PB-CA-0050-0001 | PB-CA-0050-9000
Lee, Mollie M. (California)
PB-CA-0050-0001 | PB-CA-0050-9000
Mere, Yvonne Rosil (California)
PB-CA-0050-0001 | PB-CA-0050-9000

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