Proctor v. Dist. of Columbia

310 F. Supp. 3d 107
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 2, 2018
DocketCase No. 1:18–cv–00701 (TNM)
StatusPublished
Cited by7 cases

This text of 310 F. Supp. 3d 107 (Proctor v. Dist. of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Proctor v. Dist. of Columbia, 310 F. Supp. 3d 107 (D.C. Cir. 2018).

Opinion

TREVOR N. MCFADDEN, United States District Judge

Plaintiffs Shanel Proctor and Charlaine Braxton, two homeless residents of the District of Columbia, are suing the District under 42 U.S.C. § 1983 and the Fourth Amendment. They seek an injunction ordering the District not to destroy the unattended personal belongings of homeless residents without first storing them for 60 days so they can be reclaimed. They seek to represent a proposed class consisting of all homeless persons who reside in public spaces that are subject to District, rather than federal, government oversight and have been or will be subject to encampment clearings by the District. Now before me are Plaintiffs' Motions for a Preliminary Injunction and for Class Certification. Because the Plaintiffs have not made the showing required to justify either a preliminary injunction or class certification, both of which are exceptional measures, the Plaintiffs' motions will be denied.

I. BACKGROUND

The basic facts of this case are undisputed. The District of Columbia has adopted a Protocol for the Disposition of Property Found on Public Space and Outreach to Displaced Persons. Compl. Ex. 2. By following this Protocol, the District provides homeless individuals an opportunity to prevent their property from being destroyed if they wish to keep it. See, e.g. , id.

*110at Exs. 3, 4; Defs.' Opp. to Mot. Prelim. Inj. Ex. 1 (Horen Decl.) ¶¶ 10, 14, 22, 54-55, 61-63. That said, the Protocol does not specifically address the proper treatment of property that appears to be abandoned. Id. ¶¶ 52-53. As a result, the District destroyed Plaintiffs' personal property and the personal property of other homeless individuals upon finding it unattended-and, according to the District, apparently abandoned-in public spaces. Compl. Decls. of Charlaine Braxton (Braxton Decl.) and Shanel Proctor (Proctor Decl.); id. at Exs. 3-10.

A. The District of Columbia's Protocol

The Protocol applies to property left in public spaces maintained by the District "when the property left in the public space presents a security, health, or safety risk, interferes with community use of public space, or becomes a significant community nuisance." Compl. Ex. 2, 3. The Protocol establishes a detailed procedure for standard disposition of this property, providing District employees a guide to follow before, during, and after cleanup of a public space where homeless individuals have an encampment. Id. at 4-7. In doing so, the Protocol has three main purposes. Horen Decl. ¶ 5. First, it seeks to address immediate and persistent public health and safety concerns, including concern about homeless people's exposure to the elements, the risk of fires caused by cooking and heating inside tents, the spread of disease caused by improper disposal of human waste and by vermin attracted to garbage and food waste, and the use of closed tents as sites for drug use and prostitution. Id. ¶¶ 5-6. Second, it seeks to "enroll residents in safer, healthier living arrangements through an array of housing, mental health, and other services."Id. ¶ 5. Third, it seeks to ensure that public spaces are clean and accessible to the public. Id.

Before cleaning an encampment, the Protocol directs District employees to post conspicuous signs throughout the immediate vicinity identifying the area to be cleaned, stating the date and time of the cleanup, warning that items left in the area at the time of the cleanup will be subject to removal and disposal, and providing the contact information of homeless support agencies. Compl. Ex. 2, 4. An initial notice is posted 14 days before cleanup, and a final notice is posted at least 48 hours before cleanup. Id. at 4-5. In addition to posting signs, the Protocol directs that "outreach workers will make every effort to share this information verbally with anyone at the site to ensure those who are unable to read or have difficulty comprehending the information are made aware of the impending cleanup action." Id. at 5. Outreach workers are also directed to offer relevant services to homeless individuals affected by a cleanup, including temporary shelter or permanent housing placements when these can be arranged. Id.

On the day of a scheduled cleanup, the Protocol directs Department of Human Services (DHS) employees to arrive an hour early "to confirm everyone who is interested in packing belongings has the opportunity to do so" and to provide encampment residents with containers or bags for storing their belongings, including two 40-gallon storage boxes or bins. Id. at 6. Residents may designate for storage whatever fits in the two boxes, with limited exceptions for items that pose public health or safety hazards. Id. And the Protocol directs DHS not to discard certain categories of items, including important documents, fully assembled and operational bicycles, and functional tents. Id. The Protocol also directs DHS to inventory all belongings that it takes into storage.

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Cite This Page — Counsel Stack

Bluebook (online)
310 F. Supp. 3d 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proctor-v-dist-of-columbia-cadc-2018.