Willis v. City of Seattle, No. 18-35053 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's denial of class certification in an action challenging the procedures that the City and WSDOT uses to remove unauthorized encampments, camping equipment, and personal property left on city-owned property. Plaintiffs alleged that defendants engaged in a practice of "sweeps" that destroyed property, and violated the unreasonable seizure and due process clauses of the federal and state constitutions.
The panel held that plaintiffs failed to proffer sufficient evidence and articulate a practice that was common to the claims of the proposed class in their motion for class certification. In this case, there was no evidence that every plaintiff has experienced the same challenged practice or suffered the same injury due to the implementation of the guidelines at issue. Therefore, the district court did not abuse its discretion in holding that an alleged practice affecting each of the plaintiffs was not discernible from the record and denying certification.