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Martin v. City of Boise | 902 F.3d 1031 (2018)
Homelessness is a major problem in most big cities. Although finding a solution is generally a matter of politics, not law, the Constitution forecloses some policies, as seen in Martin versus City of Boise.
Robert Martin and other homeless individuals living in Boise had been cited for violating at least one of two city ordinances. The first ordinance prohibited using public property, such as streets or parks, as a permanent or temporary residence. The second ordinance prohibited occupying or sleeping in any building or structure, public or private, without the owner’s consent.
Martin sued, seeking both retrospective relief for his prior convictions and injunctive relief against further prosecution. After he filed suit, Boise modified the law, prohibiting enforcement of the ordinances when the city homeless shelters were full.
The district court granted summary judgment to the city. Martin appealed to the Ninth Circuit.
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