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Bell v City of Boise, No. 11-35674 (9th Cir. Mar. 7, 2013)

Bell v City of Boise, No. 11-35674 (9th Cir. Mar. 7, 2013)

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Bell v City of Boise, No. 11-35674 (9th Cir. Mar. 7, 2013)
Bell v City of Boise, No. 11-35674 (9th Cir. Mar. 7, 2013)

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categoriesBusiness/Law
Published by: robert_thomas_5 on Mar 07, 2013
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03/07/2013

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
J
ANET
F.
 
B
ELL
;
 
B
RIAN
S.
 
C
ARSON
;
OBERT
M
ARTIN
;
 
L
AWRENCE
L
EE
S
MITH
;
 
OBERT
A
 NDERSON
;
 
P
AMELA
S.
 
H
AWKES
;
 
J
AMES
M.
 
G
ODFREY
;B
ASIL
E.
 
H
UMPHREY
,
 Plaintiffs-Appellants
,v.C
ITY OF
B
OISE
;
 
B
OISE
P
OLICE
D
EPARTMENT
;
 
M
ICHAEL
M
ASTERSON
, in his official capacityas Chief of Police,
 Defendants-Appellees
. No. 11-35674D.C. No.1:09-cv-00540-REBOPINIONAppeal from the United States District Courtfor the District of IdahoRonald E. Bush, Magistrate Judge, PresidingArgued and SubmittedAugust 7, 2012—Seattle, WashingtonFiled March 7, 2013
 
B
ELL V
.
 
C
ITY OF
B
OISE
2
The Honorable Susan H. Black, United States Senior Circuit Judge for 
*
the Eleventh Circuit, sitting by designation.This summary constitutes no part of the opinion of the court. It has
**
 been prepared by court staff for the convenience of the reader.
Before: Susan H. Black, Susan P. Graber, and
*
Johnnie B. Rawlinson, Circuit Judges.Opinion by Judge Black 
SUMMARY
**
Civil Rights
The panel reversed the district court’s summary judgmentand remanded in this 42 U.S.C. § 1983 action in which plaintiffs, who either are or have been homeless, alleged that police officers enforced two local camping and sleepingordinances against them, in violation of the EighthAmendment.Plaintiffs contended that defendants’ policy, custom, and practice of enforcing these ordinances had the effect of criminalizing homelessness and constituted cruel and unusual punishment. The panel reversed the dismissal of plaintiffs’claims for retrospective relief, determining that those claimswere not barred by the
 Rooker-Feldman
doctrine. The panelheld that although plaintiffs sought relief designed to remedyinjuries suffered from a state court judgment, they did notallege that the state court committed legal error, nor did theyseek relief from the state court judgment itself. Rather,
 
B
ELL V
.
 
C
ITY OF
B
OISE
3
The parties consented to proceeding before a magistrate judge in
1
accordance with the provisions of 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73.
 plaintiffs asserted as a legal wrong an allegedly illegal act byan adverse party: the City’s allegedly unconstitutionalenforcement of the ordinances.The panel also reversed the dismissal of plaintiffs’ claimsfor prospective relief because those claims had not beenmooted by defendantsvoluntary conduct. In reversing, the panel did not reach the merits of plaintiffs’ EighthAmendment claims. Rather, the panel held that jurisdictionexisted as to plaintiffs’ Eighth Amendment claims andremanded for a consideration of the merits in the firstinstance.
COUNSEL
Howard A. Belodoff, Idaho Legal Aid Services, Inc., Boise,Idaho, for Plaintiffs-Appellants.Scott B. Muir, Assistant City Attorney, Boise City Attorney’sOffice, Boise, Idaho, for Defendants-Appellees.
OPINION
BLACK, Circuit Judge:Plaintiffs appeal the court’s order granting summary
1
 judgment to Defendants City of Boise, Boise PoliceDepartment, and Michael Masterson in his official capacity

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