Lehr

MEMORANDUM AND ORDER

Plaintiffs initiated this action on August 2, 2007, and filed a First Amended Complaint (“FAC”) on August 31, 2007. Defendants City of Sacramento, Police Chief Albert Najera, and Officers Mike Cooper and Mark Zoulas (collectively “City Defendants”), have now moved for summary judgment, or in the alternative, summary adjudication as to Plaintiffs’ first and second causes of action by which Plaintiffs claim 1) that City Defendants’ enforcement of Sacramento’s “anti-camping” ordinance against Plaintiffs is cruel and unusual in violation of the Eighth Amendment, and 2) that City employees have operated to unconstitutionally deprive Plaintiffs of their property in violation of the Fourth and Fourteenth Amendments. The Court heard oral arguments on April 30, 2009, and now grants in part and denies in part Defendants’ Motion.

BACKGROUND

1. The Plaintiffs

Eleven individual Plaintiffs and three entities filed this action.

A.Anthony Lehr

Plaintiff Anthony Lehr has been homeless since 2001, when he exhausted the money he had received from Workers’ Compensation for injuries sustained on the job as a carpenter. He is forty-five years old and sleeps outside on those…