SAN DIEGO COUNTY, Calif. — From precious family photos to vital documents to critical medication, and even the remains of deceased relatives, homeless people claim that their property is being thrown away during encampment sweeps in East County, with no recourse to retrieve it.
A new class-action lawsuit filed in San Diego claims that workers from several different agencies are trashing the few possessions they have, often with little or no notice.
This federal suit claims that these encampment sweeps in East County violate the constitutional rights of homeless residents whose property is being thrown away, including their due process and equal protection rights.
It claims that officers, deputies and other workers carrying out encampment sweeps in East County are consistently and illegally trashing homeless residents' personal property.
In one instance alleged in the suit, this includes a woman's walker, as well as the cremated ashes of both her husband and son.
In another instance, another homeless woman claims that irreplaceable items like her daughter's first tooth and family photos were confiscated, along with jewelry and her and her son's birth certificates.
In August of last year, another homeless woman alleges that the insulin needed to treat her diabetes was taken during a sweep along with her blood pressure medication and prescription antibiotics.
"They just keep wanting to keep kicking people while they're down," said homeless advocate Michael McConnell.
"It is crushing, and I've seen everything," McConnell told CBS 8. "I've seen them throw away people's wheelchairs and walkers and bicycles and IDs and medications."
McConnell said that during these sweeps, homeless people are forced to move but are often not offered other options: an allegation also made in this suit.
"I don't think in any part of the region is there enough shelter for folks to get off the streets and have a safe place to store their belongings, so it's not like there's options for people, and there certainly isn't enough affordable housing for people," he added.
The suit alleges that these actions violate the plaintiffs' constitutional rights, also claiming that in some instances, they're not given adequate notice before these sweeps are carried out.
"Unfortunately, it just does absolutely nothing to help solve this issue, and it just puts people in more dire straits trying to get out of it," McConnell said.
CBS 8 has reached out to the defendants named in this case for comment, including the County of San Diego and Caltrans. At this point, we've either not heard back, or they've declined to comment on pending litigation.
The outcome of this lawsuit could be determined by the U.S. Supreme Court, which is set to rule later this year on how much power cities should have when clearing out homeless encampments.
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