Pottinger v. City Of Miami

810 F.Supp.1551 (1992)

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Nature of the Case

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Facts

Various city ordinances prohibited homeless people from lying down, sleeping, standing, sitting, or performing other essential life-sustaining activities in any public place at any time. The Plaintiffs argued that their status of being homeless is involuntary and beyond their immediate ability to alter and that the conduct for which they were being arrested for is inseparable from their involuntary homeless status. The suit was filed on behalf of the Plaintiffs and 6,000 other homeless people living in the city of Miami. The Plaintiffs contend that the city ordinances are cruel and unusual in violation of the Eighth Amendment.