Judge William Alsup dismissed other claims that Berkeley violated homeless people's rights when the city took their belongings.
A federal judge has ruled that Berkeley police officers used "minimal" force that was "reasonable" when they arrested several people who protested or resisted arrest during a homeless camp removal in 2016.
The First They Came for the Homeless campers who set up Saturday say the closure of an emergency shelter prompted the decision to pitch tents.
Notices of violation around the Old City Hall homeless camps order residents to clear out immediately.
A judge said "First They Came for the Homeless" has made plausible claims that Berkeley seized campers' belongings and suppressed their political expression.
It would cost the city nearly $1.2 million to provide 268 shelter beds for people experiencing homelessness this winter, according to papers filed Tuesday in federal court.
By the time BART could have come to evict them Saturday morning, most of the campers had moved off the property on their own.
Council says it will consider the possibility of sanctioned encampments for homeless residents in Berkeley.
The encampment's lawsuit against BART and the city of Berkeley will go forward, however.
BART police evicted the camp around 5 a.m. On the opposite side of the BART tracks, the "Here There" camp remains intact.
A temporary restraining order buys the "Here There" camp one more week, but its neighbor camp on the same plot of land could be evicted tonight.
The Bay Area Rapid Transit District has put two South Berkeley homeless camps on notice that it's time to go.
About 100 South Berkeley residents showed up to a town hall organized by Councilman Ben Bartlett to discuss a homeless activist encampment and its demands for a portable bathroom.