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City of Boise, Idaho v. Robert Martin, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35845 · judgment April 1, 2019

Certiorari denied · December 16, 2019
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Like many cities and towns across the country, the City of Boise, Idaho regulates camping and sleeping in public spaces to ensure that these areas remain safe, accessible, and sanitary for the continued use of residents, visitors, and wildlife. In this case, the Ninth Circuit held that Boise’s enforcement of such laws constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment of the Constitution when “‘there is a greater number of homeless individuals in [the jurisdiction] than the number of available beds [in shelters].’” In the Ninth Circuit’s view, under this Court’s decisions in Robinson v. California, 370 U.S. 660 (1962), and Powell v. Texas, 392 U.S. 514 (1968), a “state may not ‘criminalize conduct that is an unavoidable consequence of being homeless.’” The Ninth Circuit’s decision elicited multiple dissents from the denial of rehearing en banc, including a six-judge dissent emphasizing that other courts, including the Fourth, Seventh, and Eleventh Circuits, as well as the California Supreme Court, “have routinely upheld state laws regulating acts that were allegedly compelled or involuntary,” and warning that the decision will “prevent local governments from enforcing a host of other public health and safety laws, such as those prohibiting public defecation and urination.” The question presented is: Does the enforcement of generally applicable laws regulating public camping and sleeping constitute “cruel and unusual punishment” prohibited by the Eighth Amendment of the Constitution?

Counsel of record

For petitioner
Theane Evangelis Kapur
Gibson, Dunn and Crutcher LLP

For respondent
Michael Evan Bern
Latham & Watkins LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
20 cert-stage

Linked docket
18A1264

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Dec 09 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Nov 13 2019
    DISTRIBUTED for Conference of 12/6/2019.
  4. Nov 13 2019
    Reply of petitioner City of Boise filed. (Distributed)
  5. Oct 25 2019
    Brief of respondents Robert Martin, et al. in opposition filed.
  6. Sep 25 2019
    Brief amicus curiae of Stephen Eide filed.
  7. Sep 25 2019
    Brief amici curiae of Seven Cities in Orange County filed.
  8. Sep 25 2019
    Brief amici curiae of California State Sheriffs' Association, California Police Chiefs Association, and California Peace Officers' Association filed.
  9. Sep 25 2019
    Brief amici curiae of Maryrose Courtney and Ketchum-Downtown YMCA filed.
  10. Sep 25 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  11. Sep 25 2019
    Brief amici curiae of The People Concern and Weingart Center Association filed.
  12. Sep 25 2019
    Brief amici curiae of Los Angeles Area Chamber of Commerce and Central City Association filed.
  13. Sep 25 2019
    Brief amici curiae of International Municipal Lawyers Association, et al. filed.
  14. Sep 25 2019
    Brief amicus curiae of League of Oregon Cities filed.
  15. Sep 25 2019
    Brief amicus curiae of Venice Stakeholders Association filed.
  16. Sep 25 2019
    Brief amicus curiae of City of Los Angeles filed.
  17. Sep 25 2019
    Brief amicus curiae of Building Owners and Managers Association of Oregon filed.
  18. Sep 25 2019
    Brief amici curiae of International Downtown Association, et al. filed.
  19. Sep 24 2019
    Amicus brief of Amici Curiae States of Idaho, Alaska, Indiana, Louisiana, Nebraska, South Dakota and Texas not accepted for filing. (September 24, 2019 -- Corrected version to be submitted)
  20. Sep 24 2019
    Brief amici curiae of Amici Curiae California State Association of Counties and 33 California Counties and Cities filed.
  21. Sep 24 2019
    Brief amicus curiae of City of Aberdeen, Washington filed.
  22. Sep 24 2019
    Brief amici curiae of Amici Curiae States of Idaho, Alaska, Indiana, Louisiana, Nebraska, South Dakota and Texas filed.
  23. Sep 24 2019
    Brief amicus curiae of Boise Metro Chamber of Commerce, Inc. filed.
  24. Sep 23 2019
    Brief amicus curiae of The Downtown Denver Partnership filed.
  25. Sep 20 2019
    Brief amicus curiae of Brentwood Community Council filed.
  26. Sep 20 2019
    Brief amicus curiae of Criminal Justice Legal Foundation filed.
  27. Sep 09 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2019.
  28. Sep 06 2019
    Motion to extend the time to file a response from September 25, 2019 to October 25, 2019, submitted to The Clerk.
  29. Sep 06 2019
    Blanket Consent filed by Respondent, Robert Martin, et al.
  30. Sep 05 2019
    Blanket Consent filed by Petitioner, City of Boise.
  31. Aug 22 2019
    Petition for a writ of certiorari filed. (Response due September 25, 2019)
  32. Jun 04 2019
    Application (18A1264) granted by Justice Kagan extending the time to file until August 29, 2019.
  33. Jun 03 2019
    Application (18A1264) to extend the time to file a petition for a writ of certiorari from June 30, 2019 to August 29, 2019, submitted to Justice Kagan.
    Main DocumentLower Court Orders/OpinionsProof of Service