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NORTHERN CALIFORNIA RECORD

Wednesday, May 1, 2024

Homeless sue Monterey County as it tries to clear out campsites

Federal Court
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Bill Oxford

SAN FRANCISCO (Legal Newsline) - Pajaro/Watsonville Homeless Union, Monike Ilene Tone as President of the Pajaro River Homeless Community in Monterey County and homeless individuals encamped along the Pajaro River filed a federal lawsuit on Nov. 17 in the Northern District of California against Monterey County, its water resources agency, its sheriff's department and Sheriff Stephen Bernal.

The lawsuit alleges cruel and unusual punishment - excessive fines, cruel and unusual punishment - violation of the right to due process of law, as well as unlawful seizure of property.

Plaintiffs claim that there are 200 homeless persons and their campsites along the Pajaro River that are being cleared out without confirmed alternative shelter, motel vouchers or other accommodations being provided. Since the seven-day notices to vacate were posted on Nov. 10, 2021, attorneys for the plaintiffs have tried contacting Defendants with no response, the suit claims.

Plaintiffs have requested a temporary restraining order. Also called into question is the alleged state-created danger of increasing risk of harm or death to homeless persons deprived of the encampment community.

Plaintiffs are represented by Anthony D. Prince. 

District Court of Northern California case number 5:21-cv-08899-SVK

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