Chase v. Rohrbacher

Background

Jeff Jacob Chase sued the City of Sausalito and several city employees, including police officers. The opinion identifies the pending matters as Chase’s application to proceed in forma pauperis (without paying the usual court fees) and his motion for a temporary restraining order, or TRO—a short-term order intended to prevent immediate harm.

The complaint referred to several events, including an alleged false arrest in 2012, destruction of boat-related equipment in 2018, alleged obstruction of Chase’s candidacy for political office in 2018, removal of a public dock in 2019, and destruction of personal property, including a tent, in 2022. Chase also sought various forms of relief involving public access for dinghies and kayaks, a public dock, space in the Marinship Park encampment, election-related restrictions, relocation of the encampment, and a community garden.

Rulings on the Fee Application and Complaint

Based on Chase’s financial affidavit, the court granted his application to proceed without paying fees. Because he was proceeding without paying fees, the court stated that it was required to review the complaint under 28 U.S.C. § 1915(e)(2).

The court described the complaint as confusing and difficult to follow and expressed serious doubts about the viability of much of it. It stated that claims for damages based on conduct in 2012, 2018, and 2019 appeared to be claims under 42 U.S.C. § 1983 and would be barred by the applicable time limit. The court also stated, however, that allegations concerning the 2022 destruction of Chase’s tent and his request for a place in the Marinship Park encampment might be viable. It therefore ordered the U.S. Marshals’ Office to serve the complaint on the defendants. The court did not dismiss the complaint in this order.

Temporary Restraining Order

Chase’s TRO motion sought to stop defendants from ticketing, seizing, impounding, or destroying his boat home and from preventing him from running for Sausalito City Council.

The court denied the request concerning the boat. Chase stated that he had received a citation for being in Sausalito waters under a 72-hour rule. The opinion quoted a municipal ordinance allowing the Sausalito Police Department to remove or arrange removal of a vessel left in city waters or beached for at least 72 consecutive hours, subject to conditions for release. The court concluded that Chase had not shown why the citation was improper, why he was likely to be cited again, or why his boat was likely to be destroyed. It therefore found that he had not shown either a likelihood of irreparable injury or a likelihood of success on the merits.

The court also denied the request concerning Chase’s candidacy. Chase provided no evidence that defendants were preventing him from running for office, and the court found that events from 2018 had little bearing on whether he could run for office in 2022.

Disposition

The court denied the motion for a TRO. To the extent Chase also sought a preliminary injunction, the court denied that request without prejudice because the record did not support the requested relief. The court instructed the U.S. Marshal to serve the order and complaint on all defendants and stated that the order disposed of Docket Nos. 2 and 3. Judge Edward M. Chen signed the order.