A federal judge authorized Oakland to clear the encampment on Wood Street and ready the property for an affordable housing development.
When U.S. District Court Judge William Orrick issued a temporary restraining order on Jan. 6 forbidding the city of Oakland from closing a homeless encampment at 1707 Wood St., he told the parties he suspected the order would be "brief."
Three days later, a group of encampment residents sued Caltrans, the governor, Oakland and a number of public officials in federal court, alleging that their forced removal from the site would constitute an unconstitutional "state created danger" and place them at a high degree of risk because there were not adequate shelter options for them in Oakland.
Over the next several weeks, the Caltrans site was cleaned and cleared and the residents moved to other locations and situations. A number of residents relocated to a two-acre parcel at 1707 Wood St. owned by Oakland. The complaint stated, "The residents of 1707 Wood Street have nowhere to go. The shelters are full. The streets of Oakland are already full of unhoused persons, many of whom were previously evicted from their encampments."
As in the earlier case, the plaintiffs argued, among other things, that the eviction would amount to an unconstitutional state-created danger.
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