A federal choose has dismissed a lawsuit in opposition to San Rafael that alleged the town’s camp for homeless folks broken the well being of an occupant.
U.S. District Choose Jeffrey White granted a movement to dismiss the swimsuit Tuesday on the request of the defendants. They included the town, Caltrans, San Rafael Police Division psychological well being liaison Lynn Murphy and police Sgt. Carl Huber.
Plaintiff James Hellard can refile an amended criticism by means of Aug. 2.
“It’s truly not a foul factor,” Hellard mentioned. “The choose left it open to deliver again. He didn't say we had been incorrect or that they had been proper.”
Hellard he wasn’t totally ready when he filed the swimsuit and he plans to file one other declare. He maintained his allegations of police misconduct and that the encampment is mismanaged.
“It's clear and documented what is going on down right here, and really quickly all people will know,” he mentioned. “In the event that they suppose for a second that they are going to simply shut down this campsite and put everybody out after being given tons of of thousands and thousands of dollars to finish homelessness they're in for a shock. This city has by no means seen civil unrest on the degree we're ready to take it to.”
The dismissal got here after the court docket in Could continued the listening to till at the least July 1 to permit Hellard to hunt illustration. As of Tuesday, authorized counsel had not appeared in court docket on Hellard’s behalf.
The lawsuit, filed in federal court docket in March, mentioned the camp’s location beneath Freeway 101 was detrimental to Hellard’s well being. The swimsuit mentioned Hellard was “pressured” to stay on the website and was “struggling everlasting listening to loss” and “inhaling harmful quantities of freeway-related gasoline exhaust.”
Hellard sought financial aid for bodily and emotional damages and property loss. He additionally sought the power to camp elsewhere with out danger of getting his belongings confiscated for violating a metropolis tenting ban, in line with the swimsuit.
The town arrange the camp as a “service help space,” or SSA, final July. It was meant as a short lived resolution to a proliferation of camps of homeless folks in the course of the COVID-19 pandemic.
The town had additionally adopted a tenting ban in parking garages and public parks attributable to hearth dangers. The SSA turned the one approved homeless tenting space in San Rafael.
The positioning supplies safety, restrooms, handwashing stations, rubbish disposal and providers reminiscent of case administration and medical therapy, in line with the town.
The defendants filed the movement to dismiss the case on April 26 for lack of jurisdiction and failure to state declare.
In his order, White wrote that the file exhibits that Hellard lived beneath the freeway earlier than the city-sanctioned encampment was created. The choose additionally discovered that in April, Hellard refused the provide of a mattress at a shelter.
“The court docket concludes the allegations are inadequate to state a declare for aid in opposition to any of the defendants,” White wrote.
Caltrans representatives declined to remark.
San Rafael Metropolis Lawyer Rob Epstein mentioned in terms of Hellard and different residents of the camp, the town officers and workers have “emotions of empathy, help and wanting to assist.”
“With that, we’re saddened by the truth that he felt that his expertise was such that it warranted him submitting his lawsuit,” Epstein mentioned. “However he’s entitled to his emotions about it.”
After a cautious evaluation of the allegations, Epstein mentioned, “I reached the identical conclusion because the federal choose, which is that his claims had no authorized foundation.”
The town employed an outdoor lawyer to characterize the town within the case. To this point, the town has paid $26,930 in legal professional charges associated to the swimsuit, mentioned Nadine Atieh Hade, the town’s administrative providers director.
Earlier this month, metropolis leaders mentioned they’re working to shut down the service help space by mid-August. When the camp was established, Caltrans had agreed to permit the camp to function on its property for as much as one 12 months.
Now, officers are refocusing efforts on guaranteeing that the remaining campers are assigned case managers whereas the town seeks funding to construct a brand new interim housing website that can provide higher shelter, security and safety, officers mentioned. That plan continues to be within the early phases.