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· 4/13/2017

American Express Centurion v. Pototschnig

Citations

  • 2017 NY Slip Op 2895
  • 149 A.D.3d 509
  • 49 N.Y.S.3d 896

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “during the first three months 16 of 2015, the Boise Police Department issued over 175 such citations”
  • explaining that Martin’s novel holding was inconsistent with the “text, tradition, and original public meaning[] [of] the Cruel and Unusual Punishments Clause of the Eighth Amendment”
  • holding enforcement 2 of Boise’s anti-public camping ordinance against homeless people was unconstitutional 3 punishment for involuntary act of sheltering against elements in absence of available homeless 4 shelter space
  • holding only that a city 13 cannot prosecute “homeless individuals for ‘involuntarily sitting, lying, and sleeping in public[]’” 14 when there are more homeless individuals than there are available beds in a public shelter
  • holding “that ‘so long as there is a 14 greater number of homeless individuals in [a jurisdiction] than the number of available 15 beds [in shelters],’ the jurisdiction cannot prosecute homeless individuals for 16 ‘involuntarily sitting, lying, and sleeping in public.’”
  • “hold[ing] that an ordinance 1 individuals for sleeping outdoors, on public property, when no alternative shelter is available to 2 them”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friedman, Richter, Mazzarelli, Feinman, Gische

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.