L AW R EV I EW
In this case, Plaintiffs alleged that Defendants unlawfully seized Plaintiffs’ property in violation of the Fourth Amendment guarantee against unreasonable searches and seizures, as well as violations of due process rights.
‘Sweeps’ of Homeless Encampments in Parks During COVID-19 By James C. Kozlowski, J.D., Ph.D.
I
n the case of Berry v. Hennepin County, 2020 U.S. Dist. LEXIS 201810 (U.S. Dist. Minn. 10/29/2020), a number of individuals experiencing homelessness and organizations representing individuals experiencing homeless filed suit in federal district court seeking a temporary restraining order against various public entities and officials, including the Minneapolis Park and Recreation Board (MPRB), to prevent police “sweeps” of homeless encampments in public parks throughout Minneapolis, Minnesota. A temporary restraining order, or “TRO,” is a court order of limited duration made in the early stages of a lawsuit, which maintains the status quo of a situation until the court can hear further evidence and decide whether to issue a preliminary injunction pending final judgment after a trial to resolve a lawsuit. During these sweeps, Plaintiffs
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alleged police seized and destroyed the property of persons experiencing unsheltered homelessness encamped in public parks. Plaintiffs challenged Defendants’ treatment of persons experiencing unsheltered homelessness. As noted by the federal district court, this lawsuit arose from a “confluence of two significant societal problems — homelessness and the [coronavi-
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rus (COVID-19)] pandemic.”
Facts of the Case In this case, Plaintiffs alleged Defendants had conducted ‘sweeps’ during which Defendants had “seized and destroyed the property of persons experiencing unsheltered homelessness who currently are living in encampments in public parks throughout Minneapolis.” Defendants included: Hennepin County, the City of Minneapolis, the Minneapolis Mayor, the Minneapolis Chief of Police, the MPRB, the MPRB Superintendent, the MPRB Park Police Chief, the Hennepin County Sheriff and multiple unnamed police officers. Plaintiffs in this action included
