Federal Judge Rules City of Fresno Violated the Rights of Homeless Residents
Tue May 13 2008 (Updated 05/16/08) Destruction of property declared unlawful seizure
A U.S. District Judge for the Eastern District of California has ruled that the City of Fresno's practice of immediately seizing and destroying the personal possessions of homeless residents violates the constitutional right of every person to be free from unreasonable search and seizure.
"The question is no longer whether the City will have to pay damages to class members, but how much," said attorney Oren Sellstrom of the Lawyer's Committee for Civil Rights. "Given that many homeless people lost everything they owned in these illegal sweeps - including their medicines and items of tremendous sentimental value - we believe the damage award will be significant."
"The Court's ruling in this class-action lawsuit makes it clear that our Constitution protects the rights of everybody, rich or poor," said attorney Michael Risher of the ACLU of Northern California. "It should send a strong message to other cities throughout our country that if they violate the rights of their most vulnerable residents, they will be held accountable."
Six plaintiffs provided testimony in the case, Kincaid v. City of Fresno, on behalf of the entire class, which includes all homeless people in Fresno who had their property seized and destroyed by the City or by the California Department of Transportation. The case was bought by the American Civil Liberties Union of Northern California, The Lawyers' Committee for Civil Rights, and the firm of Heller, Ehrman, LLP. Read more here...
