University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Angell v. Oakland PN-CA-0048
Docket / Court 3:13-cv-00190 ( N.D. Cal. )
State/Territory California
Case Type(s) Policing
Special Collection Occupy
Case Summary
This civil rights case is related to the treatment of “Occupy Oakland” protestors by the police and sheriff’s department in Oakland, CA. The plaintiffs brought this class action lawsuit on January 14, 2013 in the U.S. District Court for the Northern District of California against police ... read more >
This civil rights case is related to the treatment of “Occupy Oakland” protestors by the police and sheriff’s department in Oakland, CA. The plaintiffs brought this class action lawsuit on January 14, 2013 in the U.S. District Court for the Northern District of California against police officers and the City of Oakland, as well as the Alameda County sheriff and corrections officers. The plaintiffs sued under 42 U.S.C. § 1983, seeking damages, declaratory relief, and injunctive relief to protect their constitutional rights. They claimed that the defendants had violated their rights under the Fourteenth Amendment and state law by holding them in jail following the mass arrest of plaintiffs without a chance to disperse.

On January 28, 2012, the plaintiffs attended an “Occupy Oakland” march. As they marched, they alleged that they were corralled by the police, never given an opportunity to disperse, and placed under mass arrest. While corralled, the “class members were pushed, clubbed, and driven into a shrinking space by these two advancing lines.” Instead of being issued citations, class members were sent to the county jail. The plaintiffs alleged that they were kept in inhumane and humiliating conditions during this time. They were released between 12 and 85 hours later and were not charged.

Following an alternative dispute resolution phone conference, the case was referred to Magistrate Judge Laurel Beeler. On November 21, 2014, the motion for preliminary approval of the Class Action settlement was denied due to issues with the settlement itself (the original settlement contained an error in class definition, the scope of the release was impermissibly broad, undeliverable funds were not allocated, and attorney’s fees were not properly handled) as well issues as the class notification. These issues were mostly fixed; District Judge Nathanael Cousins certified the class and granted preliminary approval of the settlement agreement on January 5, 2015, with issues in class notification corrected later. The class consisted of “the approximately 360 people who were arrested in the mass arrest on Broadway between 23rd and 24th Streets in Oakland on January 28, 2012, and who were never charged with any crime related to this arrest." 2015 WL 65501.

Under the settlement, the defendants agreed to pay $1,360,000 to the plaintiffs, including attorney’s fees and costs, and to seal and destroy the arrest records and biological samples from the mass arrest. The case against the individual defendants was dismissed on April 7, 2015 by Judge Cousins as part of the settlement agreement. On July 30, 2015, Judge Cousins issued an order granting a supplemental order of exoneration and to seal and destroy arrest records. The case is now closed, having had no activity since July 30, 2015.

While this case did not yield injunctive relief, another case did. On September 9, 2019, a court approved a settlement agreement in the similar case of Spalding v. City of Oakland, under which the Oakland Police Department and the Alameda Sheriff’s Office adopted new policies regarding crowd control and mass arrests.

Samuel Poortenga - 09/19/2020


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Equal Protection
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Sex discrimination
General
Conditions of confinement
Excessive force
False arrest
Over/Unlawful Detention
Personal injury
Restraints : physical
Transportation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Alameda County
City of Oakland
Plaintiff Description The approximately 360 people who were arrested in the mass arrest on Broadway between 23rd and 24th Streets in Oakland on January 28, 2012, and who were never charged with any crime related to this arrest.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 01/14/2013
Case Closing Year 2015
Case Ongoing No
Case Listing PN-CA-0022 : Spalding v. City Of Oakland (N.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Occupy Oakland J28 Class Action Settlement
J28
Date: Apr. 15, 2015
By: J28
[ Detail ] [ External Link ]

Docket(s)
3:13-cv-00190-NC (N.D. Cal.)
PN-CA-0048-9000.pdf | Detail
Date: 07/30/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Class Action Complaint for Damages and Injunctive and Declaratory Relief [ECF# 1]
PN-CA-0048-0001.pdf | Detail
Date: 01/14/2013
Source: PACER [Public Access to Court Electronic Records]
Exhibit 1 (Settlement Agreement) to Joint Motion for Preliminary Approval of Class Settlement
PN-CA-0048-0004.pdf | External Link | Detail
Date: 10/08/2014
Source: Public.Resource.Org
Order Granting Plaintiffs' Motion for Class Certification and Joint Motion for Preliminary Approval of Class Action Settlement [ECF# 72] (2015 WL 65501) (N.D. Cal.)
PN-CA-0048-0002.pdf | WESTLAW | Detail
Date: 01/05/2015
Source: PACER [Public Access to Court Electronic Records]
Third Order of Exoneration and for Sealing and Destruction of Arrest Records, and for Withdrawal and Destruction of DNA-Samples [ECF# 88] (N.D. Cal.)
PN-CA-0048-0003.pdf | Detail
Date: 04/07/2015
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Beeler, Laurel (N.D. Cal.) [Magistrate] show/hide docs
PN-CA-0048-9000
Cousins, Nathanael M. (N.D. Cal.) show/hide docs
PN-CA-0048-0002 | PN-CA-0048-0003 | PN-CA-0048-9000
Plaintiff's Lawyers Huang, Yolanda (California) show/hide docs
PN-CA-0048-0001 | PN-CA-0048-0004 | PN-CA-0048-9000
Siegel, Daniel Mark (California) show/hide docs
PN-CA-0048-0001 | PN-CA-0048-0004 | PN-CA-0048-9000
Weills, Anne Butterfield (California) show/hide docs
PN-CA-0048-0001 | PN-CA-0048-9000
Defendant's Lawyers Hodgkins, James (California) show/hide docs
PN-CA-0048-9000
McGee, Otis Jr. (California) show/hide docs
PN-CA-0048-0004 | PN-CA-0048-9000
Parker, Barbara J (California) show/hide docs
PN-CA-0048-0004
Rockwell, Gregory James (California) show/hide docs
PN-CA-0048-0004 | PN-CA-0048-9000
Sazama, Jill (California) show/hide docs
PN-CA-0048-9000
Simmons, William Edmond (California) show/hide docs
PN-CA-0048-9000
Smith, Lozano (California) show/hide docs
PN-CA-0048-9000

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