Sanchez v. City Of Fresno et al

Filing 193

MEMORANDUM DECISION and ORDER Granting Unopposed Motion for Summary Judgment 192 , signed by District Judge Lawrence J. O'Neill on 10/16/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LUIS SANCHEZ, et al.,

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LEAD CASE: 1:12-CV-00428-LJO-SKO

Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING UNOPPOSED
MOTION FOR SUMMARY
JUDGMENT (DOC. 192)

v.

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CITY OF FRESNO, ASHLEY SWEARENGIN,
MARK SCOTT, BRUCE RUDD, GREG
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BARFIELD, JERRY DYER, PHILLIP
WEATERHS, MALCOLM DOUGHERTY, and
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DOES 1-100, inclusive,
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Defendants.

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Plaintiffs in these consolidated cases are current or former homeless residents of the City of
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Fresno (“City”) who allege that their personal property, including property necessary for survival,
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essential to health, and of personal and emotional value, was seized and immediately destroyed as part
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of the City’s efforts to clean up homeless encampments in Downtown Fresno in late 2011 and early
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2012. More than thirty similar cases arising out of these cleanup activities have been consolidated for
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pretrial purposes, with the above-captioned matter serving as the lead case. See Doc. 27.
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Plaintiff Felix Hernandez (“Plaintiff”) brings claims against the City of Fresno, Ashley
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Swearengin, Mark Scott, Bruce Rudd, Greg Barfield, Jerry Dyer, Phillip Weathers, and Malcolm
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Dougherty (“Defendants”), alleging violations of 42 U.S.C. § 1983 based on the Fourth Amendment
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(unlawful seizure) and Fourteenth Amendment (due process); violations of Article I, Sections 7 and 13
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of the California Constitution; intentional infliction of emotional distress; conversion; and breach of

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contract.1 See Case No. 1:12-cv-01161 LJO SKO, Doc. 1. Before the Court for decision is Defendants’

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unopposed motion for summary judgment as to Plaintiff’s remaining claims. Doc. 192. The Court

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decides this motions on the record without a hearing, pursuant to Local Rule 230(g).
All parties agree that all of Plaintiff’s remaining claims arise out of Defendants’ involvement in a

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clean up of homeless encampments in November 2011. See Doc. 192-2 at #1. Each such claim is

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premised upon Plaintiff’s allegation that on November 7, 2011, Plaintiff resided in a tent on Santa Clara

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Avenue in Downtown Fresno; and that on November 7, 2011, Plaintiff’s tent and personal property were

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seized by Defendants and immediately destroyed. Id.

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However, the undisputed factual record reveals that Plaintiff actually resided in a housing facility

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CONCLUSION
Defendants’ unopposed motion for summary judgment as to all remaining claims brought by

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17 Plaintiff Felix Hernandez is GRANTED.
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19 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

October 16, 2014

UNITED STATES DISTRICT JUDGE

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Other claims brought by Plaintiff have been resolved at earlier stages of this litigation.

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