Christopher Stone v. Arthur Agnos
Opinion
Opinion
Noonan, J.
Christopher Stone brought an action against Arthur Agnos, Mayor of San Francisco; Frank Jordan, Chief of Police of San Francisco; and the City and County of San Francisco (the City) alleging that the defendants violated his constitutional rights by his arrest and confiscation of his property. The district court granted summary judgment for the defendants. We affirm.
BACKGROUND
According to Stone’s declaration, the following are .the facts of the case:
Stone was a homeless person living on the streets of San Francisco, making a living as a street musician. In April 1990 he became “the Homeless Task Force Coordinator,” i.e. an apparently self-appointed spokesman for homeless persons, speaking for six evenings in April on KGO TV in opposition to Mayor Agnos’ homeless policy-
Stone lived in a tent at Civic Center Plaza, a public square owned by the city. One evening in April two San Francisco police officers seized his tent and took it away in a police vehicle. The officers told Stone that Mayor Agnos had “directed the immediate removal of tents of homeless people from the plaza.”
On the morning of July 6, 1990, police arrived in force at the plaza and, pursuant to earlier…