· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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