Silveria

Silveria v. Marin County Sheriffs Department

Good Law
United States District Court, Northern District of CaliforniaFebruary 13, 20253:24-cv-03181California2,193 words

Opinion

Trial Court Opinion

background of this litigation, and the parties’ arguments as set forth in the briefing on the motion to dismiss.

2 Plaintiffs also purport to name the Binford Community as a plaintiff. Id. at 2. This is improper, as Plaintiffs, who are not lawyers, can only represent themselves. See C.E. Pope Equity Trust v. U.S., 818 F.2d 696, 697 (9th Cir. 1987) (“Although a non-attorney may appear in propria persona Derning additionally asserts a claim for violation of Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, et seq. Because the gravamen of Plaintiffs’ claims is the seizure and destruction of their property, the Court addresses the claims under the Fourth, Fifth, and Fourteenth Amendments first. Plaintiffs allege that their belongings were seized and destroyed without just compensation, legally mandated storage, or a meaningful opportunity to retrieve their possessions in violation of the Fourth, Fifth, and Fourteenth Amendments. “Because homeless persons’ unabandoned possessions are ‘property’ within the meaning of the Fourteenth Amendment, the C[ounty] must comport with the requirements of the Fourteenth…

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