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Homelessness: Litigation and Policy: Civil Rights Claims

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Cases

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.