Newest articles on The Sacramento Press tagged as "federal court"

City appeals decision in homeless class action suit

2011-09-23T02:50:07Z

On the same day that activists and supporters rallied together for homeless rights at the Safe Ground Jubilee, attorneys for the city of Sacramento were busy filing a motion to appeal a Federal Court decision in a contentious homeless class action lawsuit.

“Our rationale for appeal is based primarily on procedural and evidentiary rulings that came up in the trial,” Brett Witter, supervising deputy city attorney for Sacramento said Thursday.

The motion for appeal was filed Sept. 14 in the Ninth Circuit Court of Appeals by attorney Chance Trimm, on behalf of the city.

According to court documents, the city is appealing a May 24 Federal Court decision that found the city liable on two of six claims by plaintiffs that the city “had a custom and practice of violating (plaintiffs’) constitutional rights concerning their personal property.”

(Read court documents on Lehr v. City of Sacramento HERE.)

“We’re not appealing the jury’s decision,” Witter said, “instead, we’re challenging the way the evidence was presented to the jury.”

Witter said that, among the issues brought up in the city’s appeal is an amendment made to the plaintiffs’ complaint late in the game.

“(The amendment) came literally a couple of weeks before the trial,” Witter said. “We felt the late amendment was inappropriate. That’s just one of the problems (with the trial) we want to discuss.”

Mark Merin, the attorney representing the homeless class action group, said Wednesday that the city has no basis for the motion to appeal.

“An appeal can only happen after a final judgement,” Merin said. “In this case, there hasn’t yet been one.”

Because the jury decided the city is liable but hasn’t set damages yet, Merin explained, the case is not considered “final” or completed.

Merin filed a motion with the court on Sept. 20 to dismiss the appeal for “lack of jurisdiction.”

The homeless class action against the city began in 2007 when Merin, representing homeless individuals, filed suit in Sacramento Federal Court alleging that homeless plaintiffs’ belongings were illegally taken and thrown away by Sacramento police officers between August 2005 and May 2009.

Once the court made its decision in May 2011, Merin said, the next step should be negotiating a claims procedure to compensate individuals for damages and property loss.

“It’s not just compensation for the actual property,” Merin said. “It’s also loss of use of property. The (class action petitioners) are also entitled to damages for the violation of their rights.”

Merin said there isn’t any way to accurately estimate the final amount of damages, but he estimates the amount may be as much as $1 million or more.

“As long as the case is unresolved, it has a real impact on the many homeless people in Sacramento,” Joan Burke, director of advocacy for Loaves & Fishes, said Thursday.

Burke said that more than 1,000 homeless people in the city are forced to sleep outside every night because there is a lack of shelter space available.

“Anyone forced to sleep outside is subject to arrest,” Burke said. “When people are arrested, they have to worry about their stuff.”

Typically what people have with them when they are living outside, Burke said, are “survival items” – such as clothing, eyeglasses or medical prescriptions – or more sentimental items like photographs and family mementos.

“When you have to minimize what you carry around,” Burke said, “you get it down to what is really most important to you.”

In June, the city filed additional motions for summary judgment – to essentially “cancel” the jury decision – as well as a motion for a new trial.

Both actions were denied by Judge Morrison C. England, Jr., the presiding judge of the case, on Aug. 15.

“(The City) has done all they can to delay the reckoning,” Merin said, “and it just won’t work.”

Witter said that, if the appeal is denied, city attorneys will go back to the City Council to get direction on what to do next.

Merin said he expects the court will make a decision on the motion to dismiss by the end of October.

Melissa Corker is a Staff Reporter for The Sacramento Press. Follow her on Twitter @MelissaCorker.

Plans Move Ahead for Same-Sex Weddings Wednesday

2010-08-16T08:18:58Z

The judicial clock is ticking down towards Judge Vaughn Walker’s Wednesday, August 18th, 5:00pm lift of the stay in the Federal Prop 8 Trial. In the event that the temporary stay is lifted and once again, same-sex couples are allowed to apply for a marriage license, the leadership of Equality Action Now and the Sacramento Gay and Lesbian Center will host Wedding Ceremonies on the West Steps of the California State Capitol Building beginning as soon as the first couples arrive from the Sacramento County Clerks Office.

Same-sex couples and their supporters all across the state have been on an emotional roller coaster; first in anticipation of the initial ruling in the case then jubilation when Prop 8 was struck down. Almost immediately a huge letdown happened as a temporary stay was put into place. Once again anticipation reigns supreme with same sex couples that are prepared to join the 18,000 who have already legally married.

One thing is a clear, ProtectMarriage.com and other proponents of Proposition 8 who stepped in the place of the State to take the case to the Federal Court will be relentless and will spare no cost in finding a way to convince the United States Court of Appeals for the Ninth Circuit, or even the Supreme Court to place a permanent stay. Their goal is to keep same-sex marriages from taking place until a decision is made in the higher court. That decision could take as long as two years.

If a permanent stay is put into place, Wendy Rae Hill, Executive Director of the Sacramento Gay and Lesbian Center explained, “Same-sex couples will continue to suffer the indignity of being considered second-class citizens and we and our families will continue to be without the same rights and protections legally married couples have. Ether way those who are currently legally married suffer no consequences what-so-ever”.

Putting all the legal wrangling aside, Enrique Manjarrez, a volunteer with Equality Action Now says, “Thinking positively, our organization, along with the Sacramento Gay and Lesbian Center and several other individuals in the community are planning a memorable wedding ceremony for any couple who wish to be one of the first in the State to legally marry after last weeks landmark decision by the Federal Court. There will not be a mass ceremony”.

Couples who wish to participate will have the opportunity to take their vows on the West Steps of the California State Capitol. They may use their own marriage officiate or one of several Ministers of local churches who have stepped up and offered their services. Depending on their schedules, several legislators have also indicated they would be happy to step out of the Capitol to perform civil ceremonies.

In checking with the Downtown Sacramento County Clerk's Office, a representative said if the stay is lifted, they intend to stay open after their usual closing time of 5:00pm. At 5:00pm they will issue only same-sex marriage licenses until 8:00pm. The official said they would process those couples that made a reservation ahead of any walk-ins. Reservations are full for Wednesday and Thursday and filling quickly for Friday.

The Capitol Marriage Ceremony Coordinator is asking help from the community and from local businesses who stand to have an increase in their business to donate their time, products, and services to make Wednesday a special day for all same-sex couples who plan to marry. The community is encouraged to attend to support those who are getting married. If you would like to participate and marry Wednesday evening at the State Capitol contact Enrique Manjarrez by calling the Sacramento Gay and Lesbian Center at 916-442-0185.

Sacramento LGBT Community Prepares For Federal Prop 8 Ruling

2010-06-24T17:29:24Z

Following a five-month hiatus, intriguing closing argument to the Federal lawsuit against California’s Proposition 8 were heard in the U.S. District Court in San Francisco on June 16, and a decision in the case is expected shortly.

The leadership of Sacramento’s Equality Action Now, a local, grassroots civil rights organization and the Sacramento Gay and Lesbian Center are planning to respond to whatever ruling Judge Vaughn Walker decides in the case with a rally at the Sacramento G&L Center, 1927 L St.

As of this writing there are no indications when the ruling will take place. Organizers are preparing for any day or time it could be announced. There were rumours flying yesterday that the decision could be handed down as early as this Friday, June 25, 2010, but the general thinking is the decision will not be made before this weekend’s San Francisco’s Gay Pride events or even prior to July 4th, Independence Day.

There are two possible rulings that could be made. Ether the banning of same-sex marriage will be viewed by this court to be unconstitutional and once again it will be legal for same-sex adults to attain a marriage license in the state of California, or the law which had caused so much controversy and millions of dollars on both sides spent to repeal or uphold will continue to be the law of the land.

One way or another one thing is certain, the ruling will be appealed and the case will continue to the Federal Court of Appeals before possibly heading to the Unites States Supreme Court.

Planners of the “D-Day” event are encouraged by early indications that the possibility of the decision on their side is high. With hope that they are right, plans are being formed to close down 20st street between K and L streets, the block the Sacramento Gay and Lesbian Center is located near, for a celebration.

Speakers and entertainment are being lined up and the community is being informed through a vast social networking infrastructure that has been developed since the general election of 2008.

Of course, organizers are also planning for a defeat which could start within hours of the decision at the Sacramento Gay and Lesbian Center, with a short press conference and then begin a protest march to the California State Capitol where participants will be able to express their feelings of the decision and speakers will offer their support and encouragement.

In any case, Sacramento will be ready to be vocal about what is predicted to be a cornerstone to the future of same-sex marriage here in California.

For more information about plans for “D-Day” go to the web site for Equality Action Now (www.equalityactionnow.org) or the Sacramento Gay and Lesbian Center (www.saccenter.org).

Couple arrested for courthouse keg bomb

2009-05-21T04:17:21Z

A Sacramento couple is in jail Wednesday night on charges related to allegedly hiding an explosive device outside the downtown federal courthouse last weekend.

The FBI on Wednesday arrested Matthew Fraticelli, 30, and Stephanie Ann Shinn, 35, of South Sacramento on charges of attempted arson of a federal facility and possession of an unregistered destructive device.

Wednesday afternoon, the two had an initial appearance in federal court at the Robert T. Matsui Federal Courthouse at 501 I St. -- the same building where the device was found.

Fraticelli was convicted about two years ago in the state court system for possession of a destructive device, said the FBI’s Sacramento Division Special Agent in Charge Drew Parenti. The FBI has not yet uncovered a motive and has no reason to believe the couple is affiliated with a political organization.

The name “Fraticelli” was written in bold black letters on the explosive’s container, said FBI spokesperson Steve Dupre.

“We would describe that as a very useful clue in the investigation,” Parenti said.

The device was built with a five-liter aluminum Heineken keg filled with one gallon of flammable liquid and what appeared to be an M-80 pyrotechnic device with a fuse strapped to the keg with duct tape. The M-80 stuck out of a pill bottle containing a dark powder later found to work as a pyrotechnic material.

“That’s a high-powered firecracker,” Dupre said. “It’s not a little bitty firecracker you light on the Fourth of July. It’s a more powerful device.”

A federal protection service officer on a routine perimeter check discovered the device in front of the door of a small security kiosk on 6th Street just before 5 a.m. Sunday. The kiosk is a one-person booth outside a courthouse security gate. No one was in the kiosk when the bomb was left, Dupre said.

Surveillance cameras showed a couple fitting Fraticelli’s and Shinn’s descriptions near the courthouse, according to a sworn FBI affidavit. The woman was walking behind the man and pushing a stroller with a toddler inside northbound on 6th Street between I and H streets. The man was filmed carrying a brown paper shopping bag on 6th Street and then leaving video surveillance near the guard kiosk.

He soon reappeared on camera, running without the paper bag. He met up with the woman and baby stroller, and they jogged out of view. FBI agents can’t yet comment on why the device was apparently not set off.

Fraticelli and Shinn were arrested just after 7 a.m. after FBI agents tracked them to the house where they appear to live together with other adults and several children.

The FBI believes a 1-year-old child at the house was the one in the stroller. Wednesday afternoon, authorities did not yet know which adults were the parents of the children. Child Protective Services was called in after the couple was arrested.

Fraticelli is being held without bail. Shinn, who doesn’t appear to have a previous record involving explosive devices, has a detention hearing set for May 27, when a judge will determine whether she’s a flight risk or a danger to the community.

The arson charge carries a possible sentence of at least five but no more than 20 years. Possession of a destructive device carries a sentence of up to 10 years, Dupre said.

Fraticelli has a criminal record stretching back to 2000 that includes a report of a possible attack on Shinn on Valentine’s Day, 2009.

Sacramento Police and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives aided in the investigation.

Sunday morning, Sacramento Police investigated another call about a suspicious item found on the street near Denny's at the northeast corner of 3rd and J streets. The item was a water bottle whose top was on fire, said Sacramento Police Sgt. Norm Leong.

On April 30, two “suspicious packages” were reported to have been left on a statue outside the Capitol. One was a paper bag containing clothes. Neither was found to be a bomb.