Grants Pass - Dissent 4

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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.

False Signup and view all the answers

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

The City argued that Martin requires a more individualized analysis. Signup and view all the answers

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

The government cannot prosecute homeless persons for sleeping in public if there are no other public areas or appropriate shelters available. Signup and view all the answers

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

Shelters with a mandatory religious focus. Signup and view all the answers

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

The author believes it is flawed 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?

The majority declares that no harms are demonstrated Signup and view all the answers

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

The author suggests they should be overturned or overruled 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?

The number of available shelter beds Signup and view all the answers

What does the majority's analysis fail to consider?

The individualized inquiry into involuntariness Signup and view all the answers

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

Whether the City's enforcement of the anti-camping ordinances violates the Eighth Amendment Signup and view all the answers

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

It creates a 'fail safe' class that includes only those injured by the alleged unlawful conduct Signup and view all the answers

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

The class definition improperly subsumes the individualized merits issue. Signup and view all the answers

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

The ordinances prohibit her from sleeping in her van within the City. Signup and view all the answers

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

The class becomes an improper fail-safe class. 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?

The claims fail as a matter of law. 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:

A designated camping area 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:

Impossible Signup and view all the answers

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

Status and not conduct 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:

To stay warm and dry Signup and view all the answers

What is the correct application of Marks' rule?

The panel in Martin misapplied Marks' rule Signup and view all the answers

What is the holding of Powell?

There is no constitutional obstacle to punishing conduct that has not been shown to be involuntary Signup and view all the answers

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

There is no federal 'constitutional doctrine of criminal responsibility' Signup and view all the answers

What are the practical consequences of Martin's holding?

Martin has generated dire practical consequences for local governments and residents Signup and view all the answers

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.

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

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

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

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

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

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

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

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

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

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

What does the majority's analysis fail to consider?

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

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

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

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

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

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

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:

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

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

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:

What is the correct application of Marks' rule?

What is the holding of Powell?

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

What are the practical consequences of Martin's holding?

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