United States Court of Appeals for the Ninth Circuit
444 F.3d 1118 (2006)
The City of Los Angeles (City) (defendant) enacted an ordinance prohibiting any individual from sitting, lying, or sleeping on a public street or sidewalk at any time. Edward Jones and five other homeless individuals (plaintiffs) living in the City’s Skid Row district were arrested for violating the ordinance. Skid Row contained the largest concentration of homeless individuals in the nation. Pursuant to 42 U.S.C. § 1983, the plaintiffs filed a civil suit in federal district court against the City and the Los Angeles Police Department (LAPD) (defendant), claiming that the ordinance violated their Eighth Amendment right to be free from cruel and unusual punishment. The plaintiffs sought limited injunctive relief from enforcement of the ordinance during nighttime hours, or against the disabled at any time. The parties filed cross-motions for summary judgment. The district court granted the defendants’ motion, holding that the ordinance did not violate the Eighth Amendment, because it penalized conduct rather than status. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Wardlaw, J.)
Dissent (Rymer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.