Sandoval et al v. County of Sonoma et al

Filing 203

ORDER re: hearing on cross-motions for partial summary judgment. Signed by Judge Thelton E. Henderson on 10/21/2014. (tehlc1, COURT STAFF) (Filed on 10/21/2014)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 RAFAEL MATEOS SANDOVAL, et al., Plaintiffs, 5 6 7 8 v. COUNTY OF SONOMA, et al., Case No. 11-cv-05817-TEH ORDER RE: HEARING ON CROSSMOTIONS FOR PARTIAL SUMMARY JUDGMENT Defendants. 9 10 United States District Court Northern District of California 11 The parties shall come prepared to address the following at the October 27, 2014 hearing on the parties’ cross-motions for partial summary judgment: 12 13 14 QUESTION FOR PLAINTIFFS 1. Given the duration of Plaintiff Ruiz’s residency in California, and his lack of a 15 valid California license at the time of impoundment, why did he have any valid interest in 16 possessing his car during the impoundment period? 17 18 QUESTIONS FOR DEFENDANTS 19 1. Why aren’t the protections of the Fourth Amendment and due process 20 independent? In other words, why would due process cut off the Fourth Amendment, 21 especially in light of decisions such as Soldal v. Cook County, 506 U.S. 56 (1992); United 22 States v. Sullivan, 753 F.3d 845 (9th Cir. 2014); Lavan v. City of Los Angeles, 693 F.3d 23 1022 (9th Cir. 2012); and United States v. Dass, 849 F.2d 414 (9th Cir. 1988)? 24 25 2. Apart from the California Legislature’s determination that thirty days was an 26 appropriate period of impoundment, why is that period reasonable? If a driver without a 27 California license is inherently unsafe, why shouldn’t his car be taken away indefinitely? 28 Why is it reasonable to return the car after thirty days without having him obtain a license? 1 3. Law enforcement has other means to protect the public from unsafe drivers, 2 including civil forfeiture and criminal prosecution, but these procedures come with judicial 3 review. When the other available procedures contain such protections for offenders, why 4 is it reasonable for law enforcement to deprive someone of property without judicial 5 review? 6 7 8 IT IS SO ORDERED. 9 10 United States District Court Northern District of California 11 Dated: 10/21/2014 _____________________________________ THELTON E. HENDERSON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?