2145. GENERAL INSTRUCTIONS A class action lawsuit was filed in the Superior Court of the State of California, County of Los Angeles, captioned Jones v. City of Los Angeles, Case No. Jan. 30, 1979.] The last mentioned case does not uphold respondent's contention. Research the case of Jones v. City of Los Angeles, from the California Supreme Court, 12-31-1930. . Although this principle did not determine the outcome in Powell, it garnered the considered support of a majority of the Court. The result, in City officials' own words, is that [t]he gap between the homeless population needing a shelter bed and the inventory of shelter beds is severely large. Homelessness Report, supra, at 80. 344, 350 (N.D.Tex.1994), rev'd on standing grounds, 61 F.3d 442. at 559 n. 2, 88 S.Ct. Id. Stewart B. McKinney Homeless Assistance Act of 1987 103(a), 42 U.S.C. on Homelessness & Poverty, A Dream Denied: The Criminalization of Homelessness in U.S. Cities 10, 40-41 (2006). 1401, 51 L.Ed.2d 711 (1977). Finally, Eighth Amendment protections apply to those who are convicted, not to those who are arrested. The ordinance at issue was adopted in 1968. The court held that arresting homeless individuals for harmless, involuntary conduct is cruel and unusual punishment and a violation of their due process rights. 2145 (Fortas, J., dissenting) (endorsing this reading of Robinson); id. Whether sitting, lying, and sleeping are defined as acts or conditions, they are universal and unavoidable consequences of being human. Many of these declarants lost much or all of their personal property when they were arrested. Jones claims that the situation is particularly acute on Skid Row, where most homeless shelters and services have been centralized. Pottinger was a class action on behalf of 6,000 homeless people living in Miami who alleged that arrests for sleeping or bathing in public, and destruction of their property, violated their rights under the Eighth Amendment. Thus, in Hawkins v. Comparet-Cassani, we relied upon the above Ingraham dicta in holding that plaintiffs who had not been convicted lacked standing under the Eighth Amendment to challenge the use of electric stun belts during court proceedings, a claim that arose under the first two protections of the Clause. Edward Jones and five other plaintiffs were arrested after officers found them living and sleeping in the city's skid row area, in violation of the ordinance. 1401 (White, J., dissenting) (explaining that the Court's reasoning depends on the distinction between criminal and noncriminal punishment). The record before us includes declarations and supporting documentation from nearly four dozen other homeless individuals living in Skid Row who have been searched, ordered to move, cited, arrested, and/or prosecuted for, and in some cases convicted of, violating section 41.18(d). at 854, or by cases where the court did not even address the question whether there had been convictions. See Johnson v. City of Dallas, 860 F.Supp. at 685, 82 S.Ct. Indeed, it is apparently an illness which may be contracted innocently or involuntarily. No shelter permits a childless couple to stay together. The City of Los Angeles has surpassed the Mayor's Sustainability goal of 1,000 public chargers installed in the city, including more than 100 on City property. Address: 111 N. Hope St. Los Angeles CA 90012. . Many are able to escape it altogether. We recognized that this issue was raised in Powell but no majority opinion emerged; however, we declined to decide it because Kidder's guilty plea waived any argument that his actions were involuntary.2 Id. Moreover, the preliminary injunction plaintiffs sought in Joyce was so broad as to enjoin enforcement of prohibitions on camping or lodging in public parks and on life-sustaining activities such as sleeping, sitting or remaining in a public place, which might also include such antisocial conduct as public urination and aggressive panhandling. (referring to Powell, 392 U.S. at 531-32, 88 S.Ct. Robinson does not apply to criminalization of conduct. art I, 7 (guaranteeing due process and equal protection); id. In any event, there is a difference between the protection afforded by the Eighth Amendment, and protection afforded by the Fourteenth. Opinion by Judge Wardlaw; Dissent by Judge Rymer. 405), 1967 WL 113841. 2145 (Marshall, J., plurality). --Additional reporting by Lauren Berg. 1983, alleging violations of a Fourteenth Amendment substantive due process right to treatment for chronic illnesses while in police custody, in the district court. In this Court counsel for the State recognized that narcotic addiction is an illness. Past exposure to allegedly unlawful state action, while not alone sufficient to establish a present case or controversy, is evidence bearing on whether there is a real and immediate threat of repeated injury. Lyons, 461 U.S. at 102, 103 S.Ct. The plurality also rejected the dissent's interpretation of Robinson-adopted by Jones and the majority here-as precluding the imposition of criminal penalties upon a person for being in a condition he is powerless to change. 2145 (Marshall, J., plurality)); see also United States v. Parga-Rosas, 238 F.3d 1209, 1212 (9th Cir.2001) (noting that the point of Powell and Ayala is that criminal penalties can be imposed only if the accused has committed some actus reus). 2145. On April 1, 2015, the action styled . Jones v. City of Los Angeles United States Court of Appeals for the Ninth Circuit 444 F.3d 1118 (2006), 505 F.3d 1006 (2007) Facts 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. Purrie was also ordered to stay away from the location of his arrest. 819 (1943) (the requirement that the police must with reasonable promptness show legal cause for detaining arrested persons is part of the process of criminal justice); at citation, see, e.g., Rosario v. Amalgamated Ladies' Garment Cutters' Union, Local 10, I.L.G.W.U., 605 F.2d 1228, 1249-50 (2d Cir.1979) (issuance by the police of an Appearance Ticket compelling an individual to appear in court commenced the criminal process); or even earlier, see Dickey v. Florida, 398 U.S. 30, 43, 90 S.Ct. Justice White and the Powell dissenters shared a common view of the importance of involuntariness to the Eighth Amendment inquiry. We must decide whether the Eighth Amendment right to be free from cruel and unusual punishment prohibits enforcement of that law as applied to homeless individuals involuntarily sitting, lying, or sleeping on the street due to the unavailability of shelter in Los Angeles. An injunction should be no more burdensome to the defendant than [is] necessary to provide complete relief to the plaintiffs. Califano v. Yamasaki, 442 U.S. 682, 702, 99 S.Ct. Thomas Cash is homeless and disabled. See U.S. Conf. Unlike the cases the dissent relies on, which involve failure to carry immigration documents, illegal reentry, and drug dealing, the conduct at issue here is involuntary and inseparable from status-they are one and the same, given that human beings are biologically compelled to rest, whether by sitting, lying, or sleeping. These law enforcement actions restrict Appellants' personal liberty, deprive them of property, and cause them to suffer shame and stigma. at 669-71, 97 S.Ct. 4. We do not hold that the Eighth Amendment includes a mens rea requirement, or that it prevents the state from criminalizing conduct that is not an unavoidable consequence of being homeless, such as panhandling or obstructing public thoroughfares. 26660. See Powell, 392 U.S. at 549, 88 S.Ct. The provisions of this subsection shall not apply to persons sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of Section 103.111 of Article 2, Chapter X of this Code; nor shall the provisions of this subsection supply [sic] to persons sitting upon benches or other seating facilities provided for such purpose by municipal authority by this Code. for the Homeless & Nat'l Law Ctr. Appellants abandoned their second claim pursuant to 42 U.S.C. 1401, 51 L.Ed.2d 711 (1977), for the proposition that the Cruel and Unusual Punishment Clause attaches only postconviction. A criminal defendant may assert a necessity defense if he has committed an offense to prevent an imminent harm that he could not have otherwise prevented. The pretrial detainees are innocent men and women who have been convicted of no crimes.). 21 Los Angeles and the related cases: Kimhi v. City of Los Angeles (Case No. They use their General Relief payments to stay in motels for part of every month and try to stay in shelters when their money runs out. 2145. Because the conclusion that certain involuntary acts could not be criminalized was not dicta, see United States v. Johnson, 256 F.3d 895, 915, 914-16 (9th Cir.2001) (en banc) (Kozinski, J., concurring) (narrowly defining dicta as a statement [that] is made casually and without analysis, uttered in passing without due consideration of the alternatives, or merely a prelude to another legal issue that commands the court's full attention), we adopt this interpretation of Robinson and the Cruel and Unusual Punishment Clause as persuasive authority. 3. As no one has made that showing, the claimants both lack standing and lose on the merits. California law provides a defense to conviction under an ordinance such as Los Angeles's if the homeless person shows that he slept, lay or sat on the streets because of economic forces or inadequate alternatives. Occasionally they miss the bus and are forced to sleep on the street. JESSE JONES, JR., a Minor, etc., Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent. I also disagree with the majority's conclusion that all that is required for standing is some direct injury-for example, a deprivation of property, such as a fine, or liberty, such as an arrest-based on the plaintiff's violation of the statute, maj. op. (This study is not part of the record, either.). officers arrested him. Joyce was a class action in which the plaintiffs alleged injuries to individuals in the putative class that included convictions of camping-related offenses, and neither Church v. City of Huntsville, 30 F.3d 1332, 1339 (11th Cir.1994), nor Pottinger v. City of Miami, 810 F.Supp. 2145 (White, J., concurring in the result). evidence sufficient to establish that defendant violated the law (1) to prevent a significant evil, (2) with no adequate alternative, (3) without creating a greater danger than the one avoided, (4) with a good faith belief in the necessity, (5) with such belief being objectively reasonable, and (6) under circumstances in which he did not substantially contribute to the emergency. Here, the majority holds that the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles. Maj. op. Where the plaintiff seeks to enjoin criminal law enforcement activities against him, standing depends on the plaintiff's ability to avoid engaging in the illegal conduct in the future. 1417, 8 L.Ed.2d 758 (1962), that there are substantive limits on what may be made criminal and punished as such, both the Court and we have constrained this category of Eighth Amendment violation to persons who are being punished for crimes that do not involve conduct that society has an interest in preventing. By our decision, we in no way dictate to the City that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets of Los Angeles at any time and at any place within the City. at 568 n. 31, 88 S.Ct. Homeless individuals, who may suffer from mental illness, substance abuse problems, unemployment, and poverty, are unlikely to have the knowledge or resources to assert a necessity defense to a section 41.18(d) charge, much less to have access to counsel when they are arrested and arraigned. The officers also removed the property and tents of other homeless individuals sleeping near Purrie. COUNSEL Joyce, however, was based on a very different factual underpinning than is present here. 1401 (citations omitted). If you are having issues accessing your account, please contact our Rates Application Group at (213) 367-4709. LADWP Electric Rate Case Settlement Administrator c/o Kurtzman Carson Consultants P.O. at 552-53, 88 S.Ct. Fontaine, et al. at 426 (citing Powell, 392 U.S. at 533, 88 S.Ct. 1417 (This statute, therefore, is not one which punishes a person for the use of narcotics, for their purchase, sale or possession, or for antisocial or disorderly behavior resulting from their administration.). He was standing on it at the fourth or fifth rung from the top, 25 to 30 feet from the ground when he leaned out, extending the 12-foot pruning hook full length, to cut a branch about midway between the fifth and sixth trees. Id. The ramifications of so holding are quite extraordinary. Next and more significantly, the dissenters addressed the involuntariness of Powell's behavior, noting that Powell had an uncontrollable compulsion to drink to the point of intoxication; and that, once intoxicated, he could not prevent himself from appearing in public places. Id. 5. The Joyce court also concluded that homelessness was not a status protectable under the Eighth Amendment, holding that it was merely a constitutionally noncognizable condition. Id. 1417 (second alteration and third omission in original). at 532, 88 S.Ct. Roundtable, Homeless in LA: A Working Paper for the 10-Year Plan To End Homelessness in Los Angeles County (2003) (estimating that more than 253,000 individuals were homeless in Los Angeles County at some point during 2002). For many, including the homeless persons who pursue this action, it is a status that fluctuates on a daily basis and can change depending upon income and opportunities for shelter. LADWP Common Details and Specifications. As applied to [such alcoholics] this statute is in effect a law which bans a single act for which they may not be convicted under the Eighth Amendment-the act of getting drunk. Id. 1401). However, the Eighth Amendment does not afford due process protection when a Fourteenth Amendment claim proves unavailing. App. 2145 (Marshall, J., plurality opinion). 592, 98 L.Ed.2d 686 (1988); id. Cara Mia DiMassa & Richard Fausset, Mayor Orders Probe of Skid Row Dumping, L.A. Times, Sept. 27, 2005, at B1. Having pleaded guilty, however, Kidder may not now claim that his actions were really involuntary and thus not constitutionally susceptible to punishment. Kidder, 869 F.2d at 1333. 2145 (White, J., concurring in the judgment); id. The City challenges Appellants' standing for the first time on appeal. 2d 361 [54 P.2d 725]." The last mentioned case does not uphold respondent's contention. Frederick M. Muir, No Place Like Home: A Year After Camp Was Closed, Despair Still Reigns on Skid Row, L.A. Times, Sept. 25, 1988, 2 (Metro), at 1. We do not desire to encroach on the legislative and executive functions reserved to the City Council and the Mayor of Los Angeles. 897 (D.Colo.1969); Wheeler v. Goodman, 306 F.Supp. There is no record of conviction, or any evidence that Purrie was turned away from a shelter the night he was cited. Id. Testimony about Jones's usual condition when homeless is not a surrogate for evidence about his condition at the time he was arrested. United States v. Black, 116 F.3d 198, 201 (7th Cir.1997) (rejecting convicted pedophile's Eighth Amendment challenge to his prosecution for receiving, distributing, and possessing child pornography because, inter alia, defendant did not show that [the] charged conduct was involuntary or uncontrollable). Plaintiffs had been ticketed for violating the ordinance but none had been convicted. BURKE, P.J. at 320, 108 S.Ct. Ingraham involved the use of corporal punishment of students in a public school. Purrie sleeps on the streets because he cannot afford a room in an SRO hotel and is often unable to find an open bed in a shelter. Amicus Briefs in Support of Neither Party Brief of Love146; United States Court of Appeals, Ninth Circuit, en banc. for the Study of Homelessness and Poverty, Who Is Homeless in Los Angeles? 3 (2000). Still others contain safe harbor provisions such as limiting the hours of enforcement. This appeal timely followed. 2979, 77 L.Ed.2d 605 (1983) (holding that the Eighth Amendment does not apply to a claim involving deliberate indifference by government officials to the medical needs of an injured suspect before his arrest). See O'Shea, 414 U.S. at 496, 94 S.Ct. Four. 344, 350-51 (N.D.Tex.1994), rev'd on standing grounds, 61 F.3d 442 (5th Cir.1995). Cara Mia DiMassa & Stuart Pfeifer, 2 Strategies on Policing Homeless, L.A. Times, Oct. 6, 2005, at A1 [hereinafter DiMassa, Policing Homeless] (omission in original) (quoting Chief Bratton). In United States v. Ritter, 752 F.2d 435 (1985), the defendant was convicted of possession of cocaine with intent to distribute. See id. at 1332. As the offense here is the act of sleeping, lying or sitting on City streets, Robinson does not apply.3. These preconviction harms, some of which occur immediately upon citation or arrest, suffice to establish standing and are not salved by the potential availability of a necessity defense. The skid row area of Los Angeles contains the largest number of homeless persons in the United States. Appellants have demonstrated both past injuries and a real and immediate threat of future injury: namely, they have been and are likely to be fined, arrested, incarcerated, prosecuted, and/or convicted for involuntarily violating section 41.18(d) at night in Skid Row. Appellants seek only prospective injunctive relief, not damages. See The U.S. Conference of Mayors, A Status Report on Hunger and Homelessness in America's Cities 101, 105 (2002) [hereinafter Homelessness Report];1 L.A. Housing Crisis Task Force, supra, at 7. The trial court found that Powell suffered from the disease of chronic alcoholism, which destroys the afflicted person's will to resist drinking and leads him to appear drunk in public involuntarily. His average. Powell, 392 U.S. at 567, 88 S.Ct. L.A., Cal., Mun.Code 41.18(d) (2005). People v. Pepper, 41 Cal.App.4th 1029, 48 Cal.Rptr.2d 877, 880 (1996). And if they do it again, you arrest them, prosecute them, and put them in jail. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. See Joyce, 846 F.Supp. Id. Jones has been cited, but not arrested or convicted, for sleeping on the streets in violation of LAMC 41.18(d). They differed only on two issues. Under this approach, the state could in effect punish individuals in the preconviction stages of the criminal law enforcement process for being or doing things that under the Clause cannot be subject to the criminal process. For those chronic alcoholics who lack homes. The same is true here. Thus, contrary to the City's and the dissent's argument, Ingraham does not establish that the Cruel and Unusual Punishment Clause only attaches postconviction. Avoiding illegal conduct may be impossible when the underlying criminal statute is unconstitutional. This may begin well before conviction: at arrest, see, e.g., McNabb v. United States, 318 U.S. 332, 343-44, 63 S.Ct. To satisfy the case or controversy requirement, the party invoking a court's jurisdiction must show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant, and that the injury fairly can be traced to the challenged action and is likely to be redressed by a favorable decision. Valley Forge Christian Coll. 746, 27 L.Ed.2d 669 (1971), and related cases. Annabelle Jones, plaintiff and appellant, was standing on the sidewalk at the southwest corner of Spring and Eighth Streets, in Los Angeles. 1417. at 1332-33. Applying Robinson to the facts of Powell's case, the dissenters first described the predicate for Powell's conviction as the mere condition of being intoxicated in public rather than any acts, such as getting drunk and appearing in public. Of the 11,000 on Skid Row, approximately 7,000 sleep in a single-room occupancy facility and 2,000 stay in emergency shelter facilities. Joyce v. City and County of San Francisco, 846 F.Supp. This argument also lacks merit. Opinion, Patel v. City of Los Angeles, 738 F.3d 1058 (9th Cir. Steve Lopez, A Corner Where L.A. Chief William Bratton, insisting that the Department does not target the homeless but only people who violate city ordinances (presumably including the ordinance at issue), has stated: If the behavior is aberrant, in the sense that it breaks the law, then there are city ordinances You arrest them, prosecute them. 22 BC536272); Bransford v City of Los Angeles (Case No. Existing litigation in the following matter: ITEM NO. See id. Notwithstanding these differences, five Justices in Powell understood Robinson to stand for the proposition that the Eighth Amendment prohibits the state from punishing an involuntary act or condition if it is the unavoidable consequence of one's status or being. 1564, 26 L.Ed.2d 26 (1970) (the criminal process may begin pre-arrest, as soon as the state decides to prosecute an individual and amasses evidence against him). Jones claims that some 42,000 people are homeless each night in the City of Los Angeles, with approximately 11,000 living in the Skid Row area. We hold only that, just as the Eighth Amendment prohibits the infliction of criminal punishment on an individual for being a drug addict, Robinson v. California, 370 U.S. 660, 667, 82 S.Ct. The district court rejected Jones's contention that the failure of the City to provide sufficient housing compels the conclusion that homelessness is cognizable as a status. 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