This case involves two employees/residents of Tenderloin Housing Clinic, Chanel Samuel and Mydra Mcgarr. Mcgarr was brutally beaten by Samuel last year and has resulted in a lawsuit that appears to be going to trial next month. This is an unusually rare glimpse into the inner workings of Tenderloin Housing Clinic and policies set by director Randy Shaw, because up until now, attorneys for Tenderloin Housing Clinic have usually been able to settle out of court, thereby taking most of the details out of public view
This is also a rare glimpse of San Franciscos policy on the homeless and how the city deals with the homeless issue because Tenderloin Housing Clinic is the biggest city funded housing provider for the homeless. It involves policy that is directly approved by the San Francisco Board of Supervisors
The core issue of the lawsuit is whether or not management and staff of Tenderloin Housing Clinic knew, or should have known, about widespread drug abuse in their buildings, and the resulting likelihood of violence associated with it.Methamphetamine, crack cocaine, heroin, and prescription pills are the most common drugs of choice and Tenderloin Housing Clinics current policy of ‘harm reduction’ could possibly become a very expensive liability for the citizens of San Francisco who are paying for this, and may have to pay much more in the future. It also calls into question whether these policies actually create more homeless in San Francisco
The documents presented in this post are the most current ones, and not normally scanned by the court and online. The court usually only scans and publishes key motions, and not details like this. For that, you would have to go to court and scan it yourself. All of these documents have been entered into the public record
There are two previous posts about this case, the original filing and the 1st amended complaint alleging a coverup by Tenderloin Housing Clinic
This document will explain the whole thing, dated July 9, 2009
mcgarr.opposition.july9.2009.pdf
Mcgarr.opposition.july9.2009 by Jeff Webb on Scribd
update > as a result of this opposition filing, the Superior Court ruled on Thursday, July 23, 2009 denying Tenderloin Housing Clinics request for summary judgement. The case is now going to go to full trial in August. [color=red]update, jury trial now scheduled for November 23, 2009[/color]
This is what the court said
LAW AND MOTION 302, DEFENDANT TENDERLOIN HOUSING CLINIC, INC. MOTION FOR SUMMARY JUDGMENT. ARGUED AND THE COURT ADOPTED ITS TENTATIVE RULING AS FOLLOWS: MOTION FOR SUMMARY JUDGMENT IS DENIED. TRIABLE ISSUE OF FACT RAISED WHETHER DEFENDANT RATIFIED THE TORTIOUS CONDUCT OF SAMUEL. PLAINTIFF REPORTED SAMUEL’S THREATS OF VIOLENCE TO HER EMPLOYER (PLAINTIFF’S DEPOSITION 89:13-90:9; 70:5-71:13), SAMUEL WAS KNOWN TO BE TAKING DRUGS THAT AFFECTED HER BEHAVIOR (LOPEZ DEPOSITION 26:3-11 AND MCELROY DEPOSITION 43:9-16), AND THE EMPLOYER FAILED TO INTERVENE WITH THE EXCEPTION OF ONE TALK BY CARRIGAN. (PLAINTIFF’S DEPOSITON 89:13-90:9 AND CARRIGAN DEPOSITION 107:1-110:9). DEFENDANT’S EVID. OBJ., 1 & 2, ARE OVERRULED, & 3, 4 & 5 ARE SUSTAINED; PLFT’S OBJECTIONS TO CARRIGAN DECL. ARE OVERRULED. (ORDER RE: RULINGS RE: EVIDENTIARY OBJECTS. TO DECLARATION OF DIJADA DURDEN ARE FILED IN OPEN COURT.) (PREVAILING PARTY TO PREPARE A FORM OF ORDER.) JUDGE: CHARLOTTE WALTER WOOLARD, REPORTER: JOANN BRYCE, CSR #3321
there are five depositions from Tenderloin Housing Clinic management, desk clerks staff, including senior housing director, James Holland
deposition of James Holland (text)
deposition of James Holland (Google docs)
deposition of James Kang (text)
deposition of James Kang (Google docs)
deposition of Laure Mcelroy (text)
deposition of Laure Mcelroy (Google docs)
deposition of Jesus Lopez (text)
deposition of Jesus Lopez (Google docs)
deposition of Colleen Carrigan (text)
all of these documents can be freely copied and used for any other more in depth articles that anyone would wish to write about. Questions abound about this. Why would senior Tenderloin Housing Clinic staff force workers to go down to the courthouse and vocalize support, en masse, for a violent meth addict attacker who wasn’t paying rent and has since been convicted and is spending four years in prison? Ar the inmates running the asylum?