Class Action Lawsuit

Read 36 page Class Action Lawsuit Complaint here Denver Homeless Class Action (filed August 25, 2016)

Read Preservation Letter to the Defendants here Preservation letter homeless 42 usc 1983 (submitted August 30, 2016)

Read Motion for Class Certification here Motion for Class Certification Homeless (submitted September 9, 2016)

Read Reply here Reply (submitted October 31, 2016)

Read Expert Affidavit: University of Colorado Political Science Professor Dr. Tony Robinson here Expert Affidavit Tony Robinson (submitted September 9, 2016)

Read Exhibits A-D: “City of Denver emails confirming Planning Practice and Implementation” here exhibit Aexhibit Bexhibit Cexhibit D (submitted September 9, 2016)

Read Declaration of Plaintiff Jackson here Declaration of Fredrick Jackson (submitted September 9, 2016)

Read Declaration of Plaintiff Burton here Declaration of Jerry Roderick Burton (submitted September 9, 2016)

Read Declaration of Plaintiff Lyall here Declaration of Raymond Lyall (submitted September 9, 2016)

Read Declaration of Plaintiff Peterson here Declaration of Thomas Peterson (submitted September 9, 2016)

Read Declaration of Plaintiff Garry Anderson here Declaration of Plaintiff Garry Anderson (submitted September 22, 2016)

Read Declaration of Terese Howard here Declaration of Terese Howard (submitted September 9, 2016)

Read Notice of Supplementary Exhibit here ntc of supplementary exhibit (submitted September 16, 2016) See photo here exhibit F

Read Motion for Preservation here Motion for Order to Preserve Electronic Discovery, Metadata. and Electronically Stored Information (submitted September 19, 2016)

Read Motion for Recusal of Judge Shaffer here Motion for Recusal of Judge Shaffer (submitted September 21, 2016)

Read Motion Pursuant to FRE 502(d) here Motion Pursuant to 502(d) (submitted September 25, 2016)

Read Letter re Inclusiveness here Letter of Inclusion in Federal Court Hearing (sent September 30, 2016)

Read Court Order for Accommodation here Court Order Concerning IDs (received October 4, 2016)

Read Motion for Leave here Motion for Leave (filed October 18, 2016)

Read Motion to Take Judicial Notice of Defendant Mayor Hancock’s Order to Defendant Denver Police to Stop Seizing Homeless Persons’ Blankets and Tents here Motion for Jud Notice (filed December 13, 2016)

Read Plaintiffs Response to Defendants RFP Plaintiffs Response to Defendants rfp (filed January 17, 2017)

Read Second Set Request for Production Second Set Request for Production (filed January 17, 2017)

Read Motion to Compel Disposition of Mayor Michael Hancock Motion to Compel Disposition of Mayor Hancock (filed March 22, 2017)

Read Motion to Stay Motion for Stay (filed April 22, 2017)

Read Motion for Summary Judgment [124] Plaintiffs’ Motion for Summary Judgmentt (filled August 14, 2017)

Read Response to Denver’s Motion for Response to Denver’s Motion for Summary Judgment (filled September 27, 2017)

Read Opposition to Motion to Strike Plaintiff Opposition to Motion to Strike (filled October 5, 2017)

 

Press Release August 25, 2016

Homeless People File Class Action Lawsuit Against the City of Denver

Attorney Jason Flores-Williams is leading the case

Denver, CO — Class action lawsuit filed this morning in the Federal District Court of Colorado on behalf of the thousands of homeless in Denver whose rights and dignity have been repeatedly violated by the City through its brutal policies—known as The Homeless Sweeps—of clearing this rapidly-growing city of the poor and displaced. The 36-page Complaint begins:

“Defendants have engaged in a systemic evisceration of thousands of displaced persons’ constitutional rights in order to clear the way for new housing and economic development in the Downtown Denver area. While gentrification may have positive benefits for a few, it is not a legal basis for treating this vulnerable class as though their civil rights were non-existent.”

The City has condoned the taking and destruction of homeless persons’ property—often all they have in the world—without due process or concern for their civil rights. These raids have been done in a way that can only be described as vindictive and inhumane, taking blankets and sleeping bags from people in 10 Degree weather with a foot of snow on the ground—so that along with violations of the Fourth and Fourteenth Amendment, Plaintiffs are bringing an Eighth Amendment claim against the City for cruel and unusual punishment.

With this Class Action, thousands of normally invisible people in this city are standing up and demanding access to justice.

Since Mayor Hancock has directed the sweeps across the city – taking people’s belongings, forcing people “away” into hiding, with no respect for rights and dignity, we at Denver Homeless Out Loud have continued to demand loud and clear that these sweeps must end. We have requested again and again to meet with the Mayor who has not even had the decency to reply. The Mayor has made it very clear he does not want to hear from those of us he is attempting to sweep out of sight, and we have made it very clear that we will be seen and heard – one way or another.

With this lawsuit we are demanding that our constitutional rights be heard and respected and that the sweeps end once and for all. This lawsuit stands for the rights of thousands of people surviving on the streets of Denver which are constantly being violated and will continue to be violated until we hold the city accountable to respect our rights.

Inquiries may be directed to:

The Law Office of Jason Flores-Williams

303-514-4524

Denver Homeless Out Loud

720 940-5291

 

Press Release September 9, 2016

Motion for Class Certification for Homeless Sweeps Lawsuit Filed

Denver CO — Today, Friday September 9th 2016, the motion for class certification for the class action lawsuit against the city of Denver for violating constitutional rights in the “Homeless Sweeps” has been filed by Attorney Jason Flores-Williams in the Federal District Court of Colorado. The motion states, “The City of Denver and the remaining Defendants have been seizing and summarily destroying the valuable and essential personal property of homeless people in Denver, according to their ongoing unlawful practice and policy. The unlawful conduct is not a matter of randomness or isolated cases of abusive law enforcement, but follows a common pattern and results in the same legal violations against all class members.”

We at Denver Homeless Out Loud have experienced, witnessed, and know of the sweeps effect on thousands of homeless people all over the city. We know it is common for police or city employees to take people’s property in these sweeps – leaving people with nothing. We know the harm these sweeps bring to communities trying to stick together to survive.

This class action lawsuit represents the cry of thousands of homeless people in Denver to respect our rights. We will not remain silent – we will not be hidden and swept “away…”

All documents filed in this class action lawsuit, including this motion for class certification, can be found on Denver Homeless Out Loud Site under https://denverhomelessoutloud.org/class-action-lawsuit/