Homeless Man Sues Eugene, Lane, & 11 EPD Officers
Hi, my name is Eric Jackson. I'm a 54 year-old resident of Eugene, OR, and I am a homeless Homeless Advocate. Homelessness is a major issue in Eugene and also in cities all over the United States. Municipal regulations that discriminate against the unhoused, and police mistreatment of homeless people have been in the news, and have been the subject of several recent lawsuits. In many of these lawsuits, the rights of homeless people have been upheld.
For homeless people in Eugene, Martin v Boise is a milestone case. Martin v Boise dates back to 2009, when the plaintiffs, six currently and formerly homeless Boise, Idaho residents, alleged that laws prohibiting them from sleeping outdoors within city limits amounted to cruel and unusual punishment and violated their rights under the Eighth Amendment.
The ruling that settled Martin v Boise prohibits cities from criminalizing the status of homelessness itself by punishing individuals for sleeping outside when they have nowhere else to go.
Martin v Boise had its ruling and preliminary injunction in 2018. The City of Eugene has continued to act in violation of this ruling since then, and continues in violation at the present time.
Following the Martin v Boise ruling, for 50-days in the fall of 2018, I organized and led the “Butterfly Lot” Protests at the County Courthouse in downtown Eugene. This to magnify the aggravated presence of the city police & unconscionable treatment of homeless people, in violation of Martin v Boise’s ruling. I have continued protesting ever since, and I have been harassed, ticketed and arrested by the City of Eugene regularly since that time. I have received 80 citations since October of 2018 for camping and trespassing, or in violation of park rules for tenting in public - all of which are protected actions under Martin v Boise. The ruling was also affirmed by the SCOTUS. A further court injunction in Oregon Federal Court, Blake v Grants Pass (July 2020), further defined the previous rulings. Until there is enough legal space for the homeless to be, the Boise decision stands. It is cruel and unusual to punish the homeless through the justice system for being homeless in public spaces. I have accrued over $9000 in citations for public camping and other actions which Martin v Boise protects.
In the two years following the Martin v Boise ruling, no changes in city policy or enforcement occurred in Eugene. Being homeless is still a ticketable offense. Homeless encampments are routinely disrupted and campers are subjected to unwelcome police harassment. Two years of attempted dialogue with the city obtained no results.
I filed Federal Court Case 6:20-CV-00906-MK, Pro Se (acting as attorney on my own behalf) against the City of Eugene, Lane County, and 16 EPD officers on 6/5/2020. The defendants are cited for continuing to violate homeless residents' constitutional rights. My suit demands written City of Eugene and Eugene Police policy changes to align with Martin v Boise, and accountability for the uniform and fair application of policies regarding homeless individuals in Eugene.
I have been approved to have a Pro Bono (no-fee) attorney in this case, pending assignment. If appointed, the attorney will be able to certify a class of plaintiffs and represent all of the >200 people who have been harassed at the same time, and same date and location, ticketed for the offence I was. For the moment, I am the only plaintiff in this suit the Court has denied Class Certification for now, but recognized a cognizable
Bringing a lawsuit costs a lot of mony! Even with a Pro Bono attorney, only the attorney’s hourly fees will be waived. I'm asking for your help now for required documentation and other fees and costs to bring this lawsuit to court, and to sustain it as it moves through the judicial process.
Documentation fees: There are about 250 pages of documents relating to this case; one set will be served to each of the 33 defendants. In addition to printing, there will be costs for process service to the defendants. Assembling the documents represents about six months’ work.
Additional costs will be for affidavits, depositions, and declarations by many of the 200 witnesses and the 33 defendants; discovery, investigations, and paralegal assistance. Martin v Boise took over a decade in Federal Court, and was only finally settled at the beginning of 2021.
s lawsuit if you're in favor of better treatment of homeless people in Eugene, by the City, Public Works, and officers serving in the Eugene Police. Any unused funds will be refunded by me to each donor who donates more than $10.
Please give, only if you're able, then share with two if you give. If you care, but can't give, that's cool - pay the bill collectors, boost that credit score. But, please do me a favor, share this with four of your tribe (who won't judge you) and can afford to give to a rightful cause. That is if you're in favor of better treatment of the Eugene homeless population, from the City, Public Works, and Eugene Police officers, with written policy corrections, holding accountability tantamount.
Links to research related stories:
https://www.eugeneweekly.com/2018/11/01/sleepless-in-eugene/
https://dockets.justia.com/docket/oregon/ordce/6:2020cv00906/152801
https://nlchp.org/supreme-court-martin-v-boise/oint-of-debate
https://www.gibsondunn.com/wp-content/uploads/2019/08/Martin-v.-Boise-White-Paper.pdf
https://nlchp.org/supreme-court-martin-v-boise/
https://www.eugeneweekly.com/2020/06/18/change-the-camping-ordinance/