Yesterday Attorney, Andrew McNaulty - with the office of Kilmore, Lane and Newman who recently joined Jason Flores-Williams in the class action lawsuit, filed a Motion for Summary Judgment in the case. This motion was written because of the overwhelming evidence found in the discovery process that the city has had a practice and policy of violating homeless people's 4th and 14th amendment rights when seizing their property without due process and discarding the property. Denver Parks Department Superintendent testified under oath that, “City officials decided not to store any property that was seized during the Arkins Court sweep on July 13, 2016, because in the past after sweeps no one had retrieved seized items.” A Denver Park Ranger testified to handing out "thousands" of notices for seizing property, none of whom retrieved that property. Homeless class members testified that “It was very cold and snowing on December 15, 2015 when they swept us” and how "they just want me to disappear."
The Motion for Summary Judgment can be found here or attached.
The City also filed a motion for summary judgment claiming the evidence proves they did not violate anyone's rights.
We do not know when the Judge will rule on these motions. Stay tuned...
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