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State and Local Government Civil Rights Liability by
Publication Date: 1992-10-01
This two volume set covers the broad range of civil rights actions that state & local government may be exposed to. While most civil rights cases are litigated in federal court, the text also addresses state court's concurrent jurisdiction over most civil rights claim. Some of the topics discussed, are: jurisdiction, immunities, enforcement & defenses.
Civil Rights Actions by
In this treatise, you can find broad coverage as well as case-critical information, ranging from statutes Congress enacted in the late 1950's to modern developments in civil rights legislation.
Two volumes of forms
Use the practice forms in the last two volumes for your civil rights matter! For each cause of action you'll find tried-and-true forms and practice guides you can apply to your case. 7 volumes; loose-leaf; updated with supplements and revisions; Pub. 0199
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Cases in homelessness civil rights litigation are based under the first, eighth, and fourteenth amendments. Most major cases have been litigated by the ACLU. Although litigation efforts have met with some success, no strong precedent exists, largely because major cases have been vacated pursuant to settlement or mootness due to change in legislation. Although there is not much precedent to rely on, any practitioner should familiarize themselves with legal arguments typical to the trade. Below are two cases that demonstrate textbook examples of civil rights based opposition to the criminalization of homelessness.
Jones v. City of Los Angeles (vacated pursuant to settlement)
The most important case that never was in homeless law. The decision in the case, Jones v. City of Los Angeles, marked the first time in a decade that a court has struck down an ordinance that criminalizes the lack of shelter. The 9th Circuit held that a criminal measure in Los Angeles violated the 8th amendment of the constitution by criminalizing the status of homelessness. Although the case was vacated, its reasoning is essential to arguing similar cases, especially in the 9th circuit. This case would have been ground-breaking if it remained on the books. As it is, it must be the starting point for anyone trying to argue against similar criminal measures.
Blair v. Shanahan (vacated on other grounds)
Blair v. Shanahan held that an anti-pandhandling ordinance violated the first and fourteenth amendments. This case is a staple example of a litigation strategy that could be used to combat criminal homeless measures. However, like Jones, it did not set precedent as it was vacated on other grounds.