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County found liable for violating homeless campers’ civil rights

 http://clarkcountytoday.com/2016/09/26/county-found-liable-for-violating-homeless-campers-civil-rights/

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CLARK COUNTY — Clark County leaders are expected to approve a $250,000 settlement agreement this week as restitution for violating homeless campers’ civil rights.

CCToday 28 Sep 16 17

Earlier this month, a federal judge in Tacoma found Clark County liable for violating the constitutional rights of unhoused citizens when county work crews cleared homeless camps, seizing and disposing of the homeless campers’ personal property.

According to the suit, brought on behalf of eight different homeless plaintiffs, county work crews often seized personal belongings — including clothing, tents, sleeping bags, photographs, driver’s licenses, shoes, computers, food, medication, prescription glasses and toiletries — with little to no notice, and then disposed of the items immediately, giving homeless campers no chance to retrieve their belongings.

“It was a clear violation of the law,” says Vancouver attorney Peter Fels of the county’s seizure practices. Fels, along with his co-counsel, Moloy Good, a member of the Portland Human Rights Commission, represented the eight plaintiffs in their case against the county.

On Sept. 16, U.S. District Court Judge Robert Bryan agreed that the county had violated the plaintiffs’ constitutional rights, ruling that the county’s “immediate destruction of the property (rather than holding it for possible return) made the seizure unreasonable under the Fourth Amendment.” Bryan also dismissed the county’s assertion that the work crews were justified in removing and destroying the personal property because campers had violated the county’s illegal camping ordinances.

Quoting a similar case out of Los Angeles that went to the Ninth Circuit Court of Appeals, the highest court in the nation before the U.S. Supreme Court, Judge Bryan ruled that that violation of an ordinance (in this case the illegal camping ordinance) does not nullify a person’s Fourth Amendment rights, which protect citizens from illegal search and seizures of private property.

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Judge: Clark County liable for clearing out homeless camps

County must pay for belongings lost in clearing encampments

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TACOMA — A federal judge in Tacoma has found Clark County liable for seizing the residents’ belongings when it cleared out homeless encampments.

In a ruling Friday, Judge Robert Bryan said the county’s inmate work crews violated the constitutional rights of at least a half-dozen homeless residents by throwing out their tents, stoves, medication, documents and photographs during sweeps from 2012 to 2014. A trial is set for Oct. 3 to determine how much the county must pay in damages, but settlement talks are also planned.

“The only evidence in the record is that the county’s employees took all unattended property and then immediately destroyed the property, regardless of whether the property was abandoned,” the judge wrote.

He declined to immediately rule on the merits of claims by two other campers, saying it wasn’t clear who took their property.

One hour’s notice

In March 2012, the Clark County Department of Corrections adopted a policy that work crews should clean up camps immediately if they’d been abandoned. If they hadn’t been abandoned, it said, the workers were to give one hour’s notice that the residents had to vacate the area and take their belongings with them.

In practice, the crews often didn’t determine whether the property had been abandoned. One crew supervisor testified in a deposition that if his workers complained that a campsite appeared to be recently occupied, he ordered them to clean up, anyway.

A lawyer for the county did not immediately return an email seeking comment Friday.

Some campers left to eat meals at a local shelter, then returned to find the work crews seizing their property and refusing to give it back. Among the items taken were dentures, a photograph of a deceased child, and legal documents such as Social Security cards and disability insurance papers.

A homeless resident, Terry Ellis, left a backpack at a bus stop while he offered to help a woman whose car had broken down nearby. Even though Ellis was within sight when the work crew arrived, the crew took it, ignoring his explanation for why he left it there, Ellis said in court filings.

Inside the backpack were new clothes he had been given so he could apply for a job, he said.

Another plaintiff and formerly homeless man, Adam Kravitz, had briefly left his bags by the Columbia River in 2012 and returned to find work crews taking them away. Kravitz and the group he was with asked the men to leave, but they were threatened with arrest, court documents show. Kravitz did not protest any further from there, he said.

Kravitz recently launched a nonprofit called Outsiders Inn to advocate for Clark County’s homeless community, and said it was incidents like these that spurred him to action. Friday’s ruling was “a big win,” he said.

“I’m very glad that they acknowledged that they were in the wrong,” he said. “I really hope, moving forward, that the policies can be strengthened and adhered to even better.”

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