Fischer, though, observed that the city had lost or altered documents in at least 90% of the 144 clean-up cases reviewed by the court. Many of the lost records were used to justify the city’s practice of seizing and destroying homeless residents’ personal possessions.
A federal judge has ruled against the city of Los Angeles’s practice of destroying personal property during homeless encampment sweeps.
According to LAist, U.S. District Judge Dale S. Fischer ruled in favor of the plaintiffs, effectively ending the case, finding that the city had destroyed, fabricated, or otherwise altered documents critical to the case. Fischer further found that Los Angeles had acted “willfully and in bad faith” to deprive plaintiffs of information requested during discovery.
The city’s explanations, Fischer said, did not appear “credible.”
LAist notes that attorneys for Ktown For All argued that the city had repeatedly “altered and fabricated key evidence,” including health hazard reports and risk checklists, after the lawsuit was filed. In 2023, a forensic examiner reviewed some of the city’s submitted evidence and found that it had been tampered with.
Los Angeles later admitted to destroying some documents, but told the court it did so only because the records were filled with errors made during the coronavirus pandemic. The city’s attorneys said the destruction of such records did not prove any “intent to deprive Plaintiffs of the information’s use in the litigation.”
Fischer, though, observed that the city had lost or altered documents in at least 90% of the 144 clean-up cases reviewed by the court. Many of the lost records were used to justify the city’s practice of seizing and destroying homeless residents’ personal possessions.
In his ruling, Fischer also pointed out that city employees appear to have rewritten reports to provide alternative explanations for property seizures, including adding previously-missing details about alleged “biohazards.” In other cases, the city described seized property as “surrendered” or “dangerous.”
“The court cannot proceed to trial with confidence that plaintiffs have had access to the true facts,” Fischer wrote. “Where a party so damages the integrity of the discovery process that there can never be assurance of proceeding on the true facts of the case, a case-dispositive sanction may be appropriate.”
Shayla Myers, a lawyer with the Legal Aid Foundation of Los Angeles and lead attorney for the plaintiffs, said that the city’s refusal to partake in discovery would have made a fair trial impossible.
“The fabrication of cleanup reports in this case is itself an indictment of the city’s practices,” Myers said in a statement. “At these sweeps, the city provides unhoused people absolutely no recourse.”
Sources
City of LA violated constitutional rights of homeless people, a judge rules
Federal judge rules against LA in homeless property seizure lawsuit, finding city fabricated records
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