Grants Pass - Dissent 4
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Questions and Answers

Johnson's declaration provides a non-conclusory basis for finding that she lacks any option other than sleeping in her van.

  • False (correct)
  • True

Johnson's declaration mentions her economic situation and whether she has any friends or family who might be able to provide assistance.

  • True
  • False (correct)

The district court's summary judgment in Johnson's favor was proper.

  • True
  • False (correct)

Johnson's showing is sufficient to establish an Eighth Amendment violation.

<p>False (A)</p> Signup and view all the answers

What argument did the City explicitly make in its opening brief regarding the Martin case?

<p>The City argued that Martin requires a more individualized analysis. (C)</p> Signup and view all the answers

What is the majority's contention about the government prosecuting homeless persons for sleeping in public?

<p>The government cannot prosecute homeless persons for sleeping in public if there are no other public areas or appropriate shelters available. (D)</p> Signup and view all the answers

What should not be counted when assessing the number of shelter spaces available for homeless persons?

<p>Shelters with a mandatory religious focus. (D)</p> Signup and view all the answers

What does the author believe about the reconceptualization and extension of Martin's holding in today's decision?

<p>The author believes it is flawed (C)</p> Signup and view all the answers

Based on the text, what does the majority declare about the harms demonstrated by the record in this case?

<p>The majority declares that no harms are demonstrated (D)</p> Signup and view all the answers

What does the author suggest should be done about Martin's holding and today's decision?

<p>The author suggests they should be overturned or overruled (D)</p> Signup and view all the answers

According to Martin, what is the key factor in determining whether a jurisdiction can prosecute homeless individuals for sitting, lying, and sleeping in public?

<p>The number of available shelter beds (D)</p> Signup and view all the answers

What does the majority's analysis fail to consider?

<p>The individualized inquiry into involuntariness (C)</p> Signup and view all the answers

According to the majority, what is the common question that can be resolved in one stroke?

<p>Whether the City's enforcement of the anti-camping ordinances violates the Eighth Amendment (A)</p> Signup and view all the answers

Why is it improper to shift the entire question of the City's liability into the class definition?

<p>It creates a 'fail safe' class that includes only those injured by the alleged unlawful conduct (D)</p> Signup and view all the answers

What is the majority's argument regarding the class definition in this case?

<p>The class definition improperly subsumes the individualized merits issue. (B)</p> Signup and view all the answers

What is the basis of Johnson's challenge against the anti-camping ordinances?

<p>The ordinances prohibit her from sleeping in her van within the City. (B)</p> Signup and view all the answers

What is the defect in the class definition if it is co-extensive with Martin's involuntariness concept?

<p>The class becomes an improper fail-safe class. (A)</p> Signup and view all the answers

What is the outcome of the individual claims of Johnson for prospective relief against enforcement of the anti-camping ordinances?

<p>The claims fail as a matter of law. (B)</p> Signup and view all the answers

The Eighth Amendment allows anti-sleeping ordinances to be enforced as long as there is a 'single place' where the person can lawfully be. This means that the ordinances can be enforced if the person has an option to sleep in:

<p>A designated camping area (C)</p> Signup and view all the answers

The Eighth Amendment does not bar enforcement of a law when the defendant has failed to show that avoiding the violative conduct is:

<p>Impossible (C)</p> Signup and view all the answers

The district court's reliance on the Excessive Fines Clause was flawed because the challenged ordinances punish:

<p>Status and not conduct (B)</p> Signup and view all the answers

The majority's decision goes beyond Martin by holding that the Eighth Amendment precludes enforcement of anti-camping ordinances against those who involuntarily lack access to temporary shelter if those ordinances deny such persons the use of whatever materials they need:

<p>To stay warm and dry (D)</p> Signup and view all the answers

What is the correct application of Marks' rule?

<p>The panel in Martin misapplied Marks' rule (B)</p> Signup and view all the answers

What is the holding of Powell?

<p>There is no constitutional obstacle to punishing conduct that has not been shown to be involuntary (C)</p> Signup and view all the answers

What is the correct answer to the question left open in Powell?

<p>There is no federal 'constitutional doctrine of criminal responsibility' (B)</p> Signup and view all the answers

What are the practical consequences of Martin's holding?

<p>Martin has generated dire practical consequences for local governments and residents (A)</p> Signup and view all the answers

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