Grants Pass 2

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Questions and Answers

According to the text, what did the district court rule regarding the enforcement of the anti-camping ordinances?

The district court ruled that the Cruel and Unusual Punishment Clause bars enforcement of the anti-camping ordinances. (correct)

The district court ruled that the fines in the anti-camping ordinances are excessive.

The district court ruled in favor of the City and allowed the enforcement of the anti-camping ordinances.

The district court ruled that the anti-camping ordinances violate the procedural due process.

What is the purpose of vacating summary judgment and remanding as to the anti-sleeping ordinance?

To determine whether Plaintiffs adequately pled their due process challenge.

To allow the district court to substitute a class representative in place of Debra Blake. (correct)

To differentiate the anti-sleeping ordinance from the questioned ordinances in Martin.

To address the potential excessiveness of the fines issue.

How does the court review questions of standing and mootness?

The court reviews questions of standing and mootness based on the analysis of the plaintiffs' procedural due process claim.

The court reviews questions of standing and mootness based on the analysis of the district court.

The court reviews questions of standing and mootness de novo. (correct)

The court reviews questions of standing and mootness based on the analysis of the City's argument.

According to the text, why is Johnson positioned to bring a pre-enforcement challenge against the park exclusion and criminal trespass ordinances?

Because she remains involuntarily homeless in Grants Pass Signup and view all the answers

Why does the dissent claim that John Logan has not established standing?

Because Logan has not provided any facts to establish that he is likely to be issued a citation under the challenged ordinances Signup and view all the answers

According to the text, why does Logan sleep in his truck just outside the Grants Pass city limits?

Because he is afraid of being awakened by police officers Signup and view all the answers

According to the text, which class representative had standing in her own right to challenge the anti-sleeping ordinance?

Blake Signup and view all the answers

According to the text, what are the four prerequisites for a member of a class to sue as a representative party?

Numerosity, commonality, typicality, and adequacy of representation Signup and view all the answers

What standard of review does the court apply when reviewing a district court's order granting class certification?

Abuse of discretion Signup and view all the answers

What does the court consider when assessing the requirements of Federal Rule of Civil Procedure 23(a)?

Numerosity, commonality, typicality, and adequacy of representation Signup and view all the answers

What does the court hold regarding the surviving class representatives' standing to challenge the anti-sleeping ordinance?

They have standing to challenge every ordinance except the anti-sleeping ordinance Signup and view all the answers

According to the text, what must a plaintiff demonstrate in order to have Article III standing?

A concrete and particularized injury Signup and view all the answers

What is the City's argument regarding the plaintiffs' claims?

The claims are now moot because Plaintiffs no longer face a risk of injury Signup and view all the answers

Why does the City's argument regarding the plaintiffs' claims fail?

Voluntary cessation of challenged practices rarely suffices to moot a case Signup and view all the answers

What evidence is presented to show that enforcement continued after Martin?

Class members received citations and exclusion orders for camping or sleeping Signup and view all the answers

According to Rule 23(a) of the Federal Rules of Civil Procedure, what must a putative class representative show in order to certify a class?

Numerosity, commonality, and typicality Signup and view all the answers

According to Rule 23(b)(2) of the Federal Rules of Civil Procedure, what type of relief can a class seek?

Injunctive or declaratory relief Signup and view all the answers

What is the meaning of 'impracticability' in the context of the numerosity requirement under Rule 23(a)(1)?

The difficulty or inconvenience of joining all members of the class Signup and view all the answers

How many class members are required to satisfy the numerosity requirement under Rule 23(a)(1)?

There is no specific number required Signup and view all the answers

According to the text, who was issued a citation for sleeping in Riverside Park during closed hours?

Dolores Nevin Signup and view all the answers

According to the text, who were the individuals cited for camping in a city park in 2019?

Gail Laine, William Stroh, Dawn Schmidt, Cristina Trejo, Kellie Parker, Colleen Bannon, Amanda Sirnio, and Michael and Louana Ellis Signup and view all the answers

According to the text, what did the City of Boise argue in relation to the plaintiffs' claims?

Any possible relief intrudes inappropriately upon matters of policy best left to executive and legislative discretion Signup and view all the answers

According to the text, why did the change to the definition of 'camping' and the 'Special Order' not moot the case?

The change to the definition of 'camping' did not address the central concerns of the plaintiffs' Eighth Amendment claims Signup and view all the answers

Study Notes

District Court Ruling and Appeal

The district court ruled in favor of the City of Grants Pass on the enforcement of the anti-camping ordinances, but the appeals court vacated the summary judgment and remanded the case regarding the anti-sleeping ordinance.
The purpose of vacating the summary judgment is to allow the court to re-examine the issue of the anti-sleeping ordinance.

Standing and Mootness

The court reviews questions of standing and mootness to determine whether a plaintiff has the right to bring a lawsuit and whether the case is still relevant.
Johnson is positioned to bring a pre-enforcement challenge against the park exclusion and criminal trespass ordinances because he has a plausible claim of injury.

Facts of the Case

Logan sleeps in his truck just outside the Grants Pass city limits because he has nowhere else to go.
Johnson was issued a citation for sleeping in Riverside Park during closed hours.
Other individuals, including Martin, were cited for camping in a city park in 2019.
The City of Boise argued that the plaintiffs lacked standing to bring the lawsuit.

Class Certification and Representative Parties

One of the prerequisites for a member of a class to sue as a representative party is that the class member must personally satisfy the requirements of Article III standing.
The four prerequisites for a member of a class to sue as a representative party are:
- Numerosity: the class must be so large that individual litigation is impracticable.
- Commonality: there must be questions of law or fact common to the class.
- Typicality: the claims of the class representative must be typical of the claims of the class.
- Adequacy: the class representative must be able to fairly and adequately protect the interests of the class.
The court applies a deferential standard of review when reviewing a district court's order granting class certification.
The court considers the requirements of Federal Rule of Civil Procedure 23(a) when assessing the certification of a class.

Article III Standing and Requirements

A plaintiff must demonstrate that they have suffered an injury in fact, that the injury is fairly traceable to the defendant's actions, and that the injury can be redressed by the court in order to have Article III standing.
The City's argument regarding the plaintiffs' claims fails because the plaintiffs have demonstrated a plausible claim of injury.

Evidence and Enforcement

Evidence is presented to show that enforcement of the ordinances continued after Martin, including citations issued to other individuals.
The City's argument regarding the plaintiffs' claims is that the plaintiffs lack standing, but this argument fails because the plaintiffs have demonstrated a plausible claim of injury.

Federal Rules of Civil Procedure

Under Rule 23(a) of the Federal Rules of Civil Procedure, a putative class representative must show that the class is numerous, that there are questions of law or fact common to the class, that the claims of the class representative are typical of the claims of the class, and that the class representative can fairly and adequately protect the interests of the class.
Under Rule 23(b)(2) of the Federal Rules of Civil Procedure, a class can seek injunctive relief or declaratory relief.
In the context of the numerosity requirement under Rule 23(a)(1), "impracticability" means that individual litigation would be impractical or inefficient.

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Test Your Knowledge: Understanding Park Exclusion Orders and Criminal Trespass Charges