Src mrxaaueon u 12 13 14 15 16 7 18 19 20 ai 2 2B 24 25 26 27 28 TERRI KEYSER-COOPER Law Offices of Terri Keyser-Cooper ‘Nevada Bar No. 3984 3590 Barrymore Dr. Reno, NV 89512 (775) 337-0323 keysercooper@lawyer.com Attorney for Plaintiff Leo Johnson UNITED STATES DISTRICT COURT DISTRICT OF NEVADA LEO D. JOHNSON, Case No. Plaintiff, COMPLAINT vs. JURY DEMAND VOLUNTEERS OF AMERICA, NORTHERN CALIFORNIA & NORTHERN NEVADA, INC. Defendant. / JURISDICTION AND VENUE a: This is an action for injunctive relief pursuant to 42 U.S.C. § 1983 as well as damages, based on the ongoing violations by Defendant of the rights secured to Plaintiff by the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution. Jurisdiction exists based on 28 U.S.C. §§ 1331 and 1343 in that this case is brought pursuant to 42 U.S.C. § 1983 and raises questions of federal constitutional law under the Fourth and Fourteenth Amendments. The court has supplemental jurisdiction over Plaintiff's state law claim pursuant to 28 U.S.C. § 1367. a Venue is proper in the Northern District of Nevada in that the events and conduct complained of in this action occurred in the Northern District of Nevada. PARTIESSecwmixraueon sf 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 3. Plaintiff LEO D. JOHNSON (“JOHNSON”) is a homeless individual residing in Reno, Nevada, Washoe County. 4, Defendant VOLUNTEERS OF AMERICA, NORTHERN CALIFORNIA & NORTHERN NEVADA, INC. (“VOA”) is a recognized IRS 501(c) 3 nonprofit corporation in good standing in the State of Nevada. For purposes of this lawsuit VOA is a state actor acting under color of law because it is a willful and intentional participant in joint action with City of Reno (“Reno”), a governmental entity. Further, Reno has insinuated itself into a position of financial interdependence with VOA thus creating a symbiotic relationship with VOA—inextricably intertwining Reno’s ‘goals, finances, operations, and procedures for homelessness with those of VOA. VOA operates on behalf of Reno a Men's Shelter on Record Street (“Shelter”) and, at the time of the actions complained of herein, an Overflow Shelter on Sutro Street (“Overflow”). Examples of the joint relationship between VOA and Reno are as follows: + Reno has entered into a contractual relationship with VOA for homeless shelter operations including a Shelter on Record Street in Reno and an Overflow on at a nearby location; * Reno agrees to pay VOA $1,833,034.46 for fiscal year July 1, 2015 through June 30, 2016 to operate homeless shelters in Reno; * Reno agrees to allow VOA to operate its Shelter on land owned by Reno without charge; + Reno dictates to VOA the homeless shelter operating staff requirements; * Reno dictates VOA will conduct background checks on all VOA employees and reserves the right to deny hiring of any specific employee; * Reno dictates all VOA shelter staff are trained in: CPR/First Aid, practices in ending homelessness, diversity and cultural sensitivity, mental illness and/or addictions; boundaries, communicable diseases and disease prevention * Reno dictates VOA occupancy levels at its homeless shelters; + Reno dictates services offered by VOA to homeless clients including case ‘management services, meals, length of stay, shower and laundry, etc.;Cer Kanan 10 it 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 * Reno dictates VOA shall provide adequate staff for not less than 40 hours of site monitoring per day to homeless clients with site monitors to undergo ‘training provided by the Reno Police Department to assist in interacting appropriately with clients during incidents and establishing parameters requiring police assistance; * Reno dictates the measurable outcomes that VOA shall achieve; + Reno dictates that reimbursement requests made by VOA to Reno shall provide to Reno proof of expenditures; * Reno dictates how VOA shall collect and enter mandatory homeless client data and services in its computer system; * Reno dictates VOA shall conduct janitorial and routine maintenance tasks; + Reno dictates VOA must ensure protocols in place for serving special needs of its homeless populations; * Reno dictates that VOA shall make a good-faith effort to raise the equivalent of at least 10% of its operating costs; + Reno dictates VOA will generate quarterly reports and audits to Reno; * Reno dictates all personal property purchased by VOA, using Reno funding, shall remain the property of Reno unless otherwise provided in writing; * Reno dictates VOA shall acquire or purchase equipment through competitive bidding; * Reno dictates VOA shall provide specific insurance levels as required by = GENERAL ALLEGATIONS 5. JOHNSON, 57, has been homeless for approximately 16 years. Prior to being homeless, JOHNSON was an accomplished, highly skilled carpenter. JOHNSON has for many years been unable to work in his profession due to degenerative bone disease and recurring bouts of mental illness and suicidal ideation. JOHNSON has pending an application for Social Security Disability. 6. Off and on for the past 20 years JOHNSON has managed to trade his carpentry skillsSoma ane un ul 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 for rent, food, and small amounts of money; however, within the last few years his degenerative bone disease has made working physically impossible. Caught in a vicious cycle, JOHNSON’S inability to work has fueled his depression and his depression has fueled his suicidal ideation. JOHNSON has been hospitalized at West Hills Hospital approximately six times in the last seven months, most recently in January 2016, 7. JOHNSON is currently residing at the Overflow in Reno. 8 In July and August of 2015, JOHNSON resided at the Shelter on Record Street. JOHNSON stored his small gym bag containing his entire worldly possessions including his teeth (dentures), prescription glasses, medication,’ clothing, underwear, hygiene items, and two sets of shoes in a locked room at the Shelter, a room specifically set aside for the safe and secure storage of Shelter residents. JOHNSON’S teeth were put into storage because they required repair and JOHNSON was waiting for an appointment for the repair. JOHNSON’S medications were in storage because he had no ability to carry the medications around with him, He took a small amount each day for his daily dosage and left the remainder in storage. When JOHNSON was hospitalized, the hospital provided his daily medication for him. 9. In late August 2015, faced with extreme depression and suicide, JOHNSON was hospitalized. JOHNSON left the Shelter for West Hills Hospital where he remained from August 29, 2015 until September 2, 2015. JOHNSON’S gym bag remained safe and secure at the Shelter in the locked storage room. 10. Returning to the Shelter in September 2015 from his hospitalization, JOHNSON was again admitted and where he remained for over a month. His gym bag remained safe and secure in the Shelter’s locked storage room. 11. In October 2015, JOHNSON was again hospitalized at West Hills Hospital where he " JOHNSON’S medications included: Cymbalta, Klonopin, Tramadol, Abilify, Hydroxizind, and Meloxicam. 4Socmrxaaueun MW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 remained from October 19, 2015 until October 23, 2015. 12, Returning to the Shelter in October, JOHNSON met with VOA employee, “Donna” who informed him he could no longer be admitted to the Shelter because he had left two times and come back two times.” JOHNSON explained to Donna that he had been hospitalized but Donna made clear he could not be admitted until April 23, 2016 and for the present was “kicked out.” With no other option, JOHNSON collected his gym bag from the Shelter’s locked storage and left to go to the Overflow on Sutro. 13. Residents of the Overflow are picked up in front of the Men’s Shelter on Record Street at approximately 8:00 p.m. and shuttled by van to the Overflow on Sutro where they sleep on a designated mat on the floor until they are awakened at 4:30 a.m. The men are required to leave the Overflow by 5:00 a.m. when they are shuttled back to the Shelter on Record Street. Overflow residents may bring only water and medication into the Overflow. They are required to store their personal property in VOA’S 30-foot locked freight container at the Record Street campus near the Men’s Shelter. The Overflow storage container is known as the “POD.” The Overflow, unlike the Men's Shelter, does not have locked inside storage. Overflow residents must arrive with nothing; they are prohibited from bringing any personal possessions into the Overflow. Overflow clients, like JOHNSON, if they have possessions (and everyone does), must store their possessions in the POD expressly designated by VOA for that purpose. VOA requires Overflow residents to identify their belongings by name and bed number as well as “Overflow.” 14, JOHNSON stored his gym bag with his teeth, prescription glasses, medications, and clothing and hygiene items in the POD, as he was required to do by VOA, as he could not take his possessions with him to the Overflow. JOHNSON clearly identified his gym bag with his name, bed number, and marked it “Overflow.” * JOHNSON had left during his hospital admissions of August 29, 2015 to September 2, 2015 and October 19, 2015 through October 23, 2015.Ce aan eon 10 MN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. JOHNSON remained at the Overflow from approximately October 23, 2015 until November 11, 2015 when he again required hospitalization at West Hills Hospital. 16. JOHNSON slept at the Overflow from October 23, 2015 until November 11, 2015 ‘when he was again hospitalized, JOHNSON used the POD to store his gym bag when he was hospitalized. At all times JOHNSON clearly marked his bag, as required, with his name and ‘overflow bed number. 17. At the time JOHNSON stored his gym bag in the POD, there were no rules, documents, or governing procedures regarding use of the POD or the maximum length of time ‘possessions could be stored in the POD. There were no warnings attached to the POD, or provided to Overflow residents, that if possessions stored in the POD were stored beyond a certain time period, they would be confiscated and/or destroyed. There was no warning or information on the POD or provided to JOHNSON that on certain specific days, the POD would be cleaned out and remaining items confiscated and/or destroyed. The only instructions were for accessing items in the POD ona daily basi 18. There was no warning and/or information either attached to the POD or provided to Overflow residents that VOA would, or could, arbitrarily dispose of personal property stored in the POD. 19. JOHNSON was at all times lead to believe by VOA that VOA would do nothing to dispose of his property. 20. On or about November 11, 2015, while JOHNSON was at the Overflow, he JOHNSON was again admitted to West Hills Hospital. While JOHNSON was hospitalized he * A sign on the POD referenced: “Any property you need access to throughout the day must be moved to the gate area by the guard shack when getting off the shuttle in the morning.” There is ‘a “guard shack” at the Record Street homeless campus which is fenced and staffed by VOA security personnel. It is available to VOA Overflow Shelter residents who need to access their possessions from the POD during the day. Items stored in the POD could be taken from the POD and placed ina fenced area if residents needed to access the items throughout the day.Scweird sve wn i 12 13 14 15 16 7 18 19 20 21 2 24 25 26 27 28 telephoned the VOA Men's Shelter to advise he was in the hospital and to request that his belongings, stored in the POD, remain in the POD. JOHNSON spoke to VOA employee “James,” specifically requesting that his bag, marked with his name and bed number and identified as “Overflow” remain safely stored in the POD. JOHNSON requested that his bed at the Overflow be also kept for him. James understood JOHNSON’S request and agreed JOHNSON’S bag would remain in the POD and his bed would be kept for him. JOHNSON thanked James for his courtesy, relieved that his bag would remain safe inside the POD until his hospital release—expected to be within days. 21. On or about November 17, 2015, JOHNSON was released from West Hills Hospital ‘and returned to the POD to access his bag during the designated time period. JOHNSON looked all over inside the POD for his gym bag. He could not find it. JOHNSON asked a VOA security officer about his bag. The officer explained that all items stored inside the POD were thrown out, put out with the garbage, just days before. JOHNSON told the security officer, “My teeth were in the bag, I was getting ready to make an appointment to have them fixed.” The security officer said, “There's nothing I can do.” JOHNSON further explained that he had spoken to “James” while he was hospitalized and received assurances his bag would remain in the POD until his return from the hospital. The security officer repeated, “There’s nothing I can do.” 22. JOHNSON was devastated. He needed his teeth. He did not have the money to replace his teeth. He also needed his prescription glasses and medication and clothing, as well as his hygiene items. He was just released from the hospital for suicidal ideation and now all his possessions were arbitrarily and capriciously disposed of despite assurances they would remain safe. from the POD. 23. JOHNSON at no time abandoned his possessions.Secwmrxraweun MW 12 3 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 24. JOHNSON at all times had a legitimate expectation that his personal property stored inside the POD would remain safe and secure. 25. JOHNSON at all times had a right to rely on the representations of VOA employee “James” that his bag would be safe and secure and held for him during his brief hospitalization. 26. _ JOHNSON at all times had a legitimate expectation that his personal property stored inside the POD would not be destroyed without notice and opportunity to be heard. 27. JOHNSON at all times had a legitimate expectation that his personal property stored inside the POD would not be destroyed without notice and opportunity to be heard. 28. The VOA, through its agents and employees, is charged with the responsibility to be honest and trustworthy to the challenged population of homeless individuals it serves. 29. The VOA, through its agents and employees, is aware that the homeless population it serves, has extreme difficulties existing on city streets, struggling to deal with enormous financial and emotional issues related to homelessness and representations regarding the safety of their possessions is of the utmost concern. 30, The VOA, through its agents and employees, had personal knowledge that JOHNSON’S personal property stored in the POD was essential to JOHNSON’S his well-being and personal dignity. 31. Each of the individuals who seized and destroyed JOHNSON’S personal property stored inside the POD were the agents, servants and/or employees of VOA, acting at all times within the scope of their agency and employment relationship with VOA and with the express knowledge and consent of VOA. 32. Each of the acts complained of herein was taken, and each violation of JOHNSON’S rights occurred, pursuant to the policies, practices and customs of the VOA.SowmiwvrdsH eon ul 12 13 4 15 16 7 18 19 20 21 22 2B 24 28 26 27 28 33. In doing each of the Constitutional violations complained of herein, VOA, its officials, agents, and employees were acting under color of law. FIRST CAUSE OF ACTION Right to Be Secure from Unreasonable Seizures 42 U.S.C. §1983 — Fourth Amendment 34. Plaintiff realleges and incorporates the allegations set forth in the paragraphs above as though fully set forth herein. 35. Defendant VOA violated Plaintiff's Fourth Amendment rights to be free from unreasonable seizure of his property by disposing and then destroying Plaintiff's property without notice and an opportunity to be heard. 36. Defendant VOA’s unlawful actions were done with the specific intent to deprive Plaintiff of his Constitutional right to be secure in his property. 37. Defendant's unlawful actions, through the conduct of its employees were done with the specific intent to deprive Plaintiff of his Constitutional right to be secure in his property. 38. Plaintiff is informed and believes that the acts of VOA’S agents and employees was intentional. VOA provided a safe and secure locked container for residents of its Overflow yet were deliberately indifferent to the likely consequence that the property would be seized and destroyed unlawfully, without notice and an opportunity to be heard. 39. Asa direct and proximate consequence of the acts of VOA, Plaintiff has suffered and continues to suffer loss of his personal property including his teeth, prescription eyeglasses, Prescription medication, clothing, underwear, shoes, and hygiene items, thus stripping him of essential personal items needed for his well-being and personal dignity 40. As a direct and proximate consequence of the acts of Defendant's agents and ‘employees, Plaintiff has suffered and continues to suffer loss of his personal property and is entitled to compensatory damages for his propertySec erHlauaeun u a 13 14 15 16 7 18 19 20 pa 22 23 24 25 26 27 28 41. The acts of VOA were intentional, wanton, malicious and oppressive and made with reckless indifference to JOHNSON’S rights thus entitling JOHNSON to an award of punitive damages. SECOND CAUSE OF ACTION Right to Procedural Due Process 42 U.S.C. §1983 — Fifth and Fourteenth Amendments 42. Plaintiff realleges and incorporates the allegations set forth in the paragraphs above as though fully set forth herein, 43. Defendant VOA, in providing a place for the safe storage of residents of VOA’s overflow facility in the POD, owed Plaintiff a duty under the due process clause of the Fifth and Fourteenth Amendments to the U.S. Constitution to protect the property of Plaintiff stored in the POD and expressly known not to be abandoned. 44. Defendant failed to provide Plaintiff with notice that his property was at risk of being seized and/or destroyed—in fact, Plaintiff was specifically assured by VOA employee “James” that his property would remain safe and secure in the POD until his return from the hospital. 45. Plaintiff is informed and believes that the acts of VOA employees and agents were intentional in failing to protect and preserve his property and that, at minimum, VOA was deliberately indifferent to the likelihood that Plaintiff's property would be seized and destroyed without due process, 46. Asa direct and proximate consequence of the acts of VOA, Plaintiff has suffered and continues to suffer loss of his personal property including his teeth, prescription eyeglasses, medication, and his clothing, underwear and shoes, and other personal possessions, stripping him of the essential personal items Plaintiff needs for his well-being and personal dignity. 47. Asa direct and proximate consequence of the acts of VOA, Plaintiff has suffered and continues to suffer loss of his personal property and is entitled to compensatory damages for hisproperty. 48. The acts of VOA were intentional, wanton, malicious and oppressive and made with reckless indifference to JOHNSON’S rights thus entitling JOHNSON to an award of puni damages. THIRD CAUSE OF ACTION Negligenee - State Claim | 49. Plaintiff realleges and incorporates the allegations set forth in the paragraphs above as though fully set forth herein. 50. Defendant owed Plainti Fa duty of care, 31. Defendant breached its duty to Plaintiff 52. Defendant's breach of its duty to Plaintiff caused Plaintiff damage. 53. Defendant's breach of its duty to Plaintiff caused Plaintiff monetary loss. WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. Fora declaratory and injunctive relief that the policies, practices, and acts complained of herein are illegal and unconstitutional; 2. For actual and compensatory damages from VOA, in an amount to be determined at trial; 3. For exemplary and punitive damages from VOA in an amount to be determined at tral 4. For attomey fees and costs incurred herein; 5. For leave to amend this complaint should it become necessary; 6. For nominal damages; | 7. For such other and further relief as this Court may deem appropriate. DATED this 46 _ day of Maseb~2016 TERRI KEYSER4COOPI Attorney for Plaintiff Leo Johnson