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
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
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,