DOJ Argues in Violation of 8th Amendment
Last month, a judge dismissed a lawsuit brought by several homeless individuals who claimed they feared being cited by the city of Boise, Idaho for violating a city ordinance that banned sleeping at night in public spaces.
In his ruling, Judge Ronald E. Bush noted the plaintiffs had not shown they were unable to find space in a local shelter and faced no imminent threat of being cited.
The Department of Justice had filed a statement of interest in the case arguing that ordinances that criminalize sleeping in public, when there is insufficient shelter space available, violate the Eighth Amendment prohibition against cruel and unusual punishment.
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