Case: Bell v. City of Boise

1:09-cv-00540 | U.S. District Court for the District of Idaho

Filed Date: Oct. 22, 2009

Case Ongoing

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Case Summary

On October 22, 2009, homeless individuals represented by Idaho Legal Services and the National Center on Homelessness and Poverty filed this complaint in the U.S. District Court for the District of Idaho against the City of Boise. The plaintiffs had been cited under a pair of Boise municipal ordinances that made it illegal to sleep or camp in public parks and other public areas, despite the lack of available beds at the city's shelters. The complaint alleged that criminalizing homelessness in this manner constituted cruel and unusual punishment under the Eighth Amendment and a violation of the plaintiffs' due process rights under the Fourteenth Amendment. The plaintiffs sought an injunction against the enforcement of the ordinances, damages under federal civil rights law, and declaratory and injunctive relief voiding the plaintiffs' prior citations and holding the ordinances unconstitutional.

The city sought and won a motion for summary judgment, entered by Magistrate Judge Ronald Bush on July 6, 2011. 834 F. Supp.2d 1103. Judge Bush held that the plaintiffs had not demonstrated that the ordinance criminalized homelessness. In addition, the court said that the claims had been mooted by subsequent clarifications of enforcement protocols by the Boise police and an amendment to the ordinance that provided a more precise definition of "camping."

The plaintiffs appealed, and the case was reversed and remanded by the Ninth Circuit on March 7, 2013. 709 F.3d 890. In an opinion issued by a panel consisting of Judges Susan Black, Susan Graber, and Johnnie Rawlinson, the court determined that the plaintiffs' claims for backward-looking relief were not jurisdictionally barred since they did not seek relief from the state court itself. The court further held the plaintiffs' claims for prospective relief had not been mooted by the defendants' new "voluntary conduct" in the form of protocols and amendments for the enforcement of the ordinances.

On remand, the defendant filed for summary judgment again on August 15, 2013. The district court issued an opinion on January 27 2014, granting the the motion for summary judgment as to the damages claims because the plaintiffs had not yet had their convictions overturned via direct appeal. At the court's direction, the plaintiffs filed an amended complaint omitting the damages claims, with the request for prospective injunctive and declaratory judgment as the only surviving claim.

The defendant filed a motion to dismiss on December 31, 2014, asserting that the plaintiffs could no longer bring their claims because some plaintiffs could not be located by counsel and others had no active disputes with the defendants. The plaintiffs filed for summary judgment on April 30, 2015. On July 6, 2015, the United States filed a statement of interest, detailing its support of the plaintiffs' position, arguing that the court must consider whether it was possible for homeless residents like the plaintiffs to conform their conduct to the ordinances when shelters were full.

On September 28, 2015, Judge Bush issued an opinion again dismissing the suit in its entirety. 2015 WL 5708586. The opinion held that the plaintiffs lacked standing to challenge the ordinances because the defendants had further amended the ordinances to make exceptions for circumstances where shelters were full, mooting the plaintiffs claims.

The plaintiffs appealed again to the Ninth Circuit on October 29, 2015 (15-35845). On September 4, 2018, a three-judge panel of the Ninth Circuit of Judges Marsha Berzon, Paul Watford, and John Owens reversed. 902 F.3d 1031. The Ninth Circuit held the Eighth Amendment prohibited Boise from enforcing the ordinances against homeless residents forced to sleep outside by a lack of shelter space. The court also held that two of the plaintiffs in the suit had shown they could be eligible for retrospective injunctive relief that could vacate their previous citations, and injunctive relief banning future enforcement of the ordinances. The case was remanded again to the District Court.

The defendants filed a motion for rehearing en banc by the full Ninth Circuit Court of Appeals, but the court denied this motion on April 1, 2019. Subsequent to the denial, the defendants filed a petition for a writ of certiorari in the U.S. Supreme Court. The court denied that petition on December 16, 2019. 920 F.3d 584.

After the denial of cert, litigation resumed in the district court on the remaining issues in the case. The plaintiffs filed a third amended complaint on March 10, 2020. The remaining claim was an Eighth Amendment violation for penalizing plaintiffs based on their homeless status. They sought injunctive relief enjoining defendants from enforcing Boise Municipal Code §§ 5-2-3(A) and 7-3A-2(A), declarative relief, damages, and attorneys' fees. As of May 20, 2020, this case remains ongoing.

	Document
1:09-cv-00540	Docket [PACER] Martin v. City of Boise, Idaho	May 26, 2020	May 26, 2020 Docket
1 1:09-cv-00540	Complaint for Injunctive and Declaratory Relief and Monetary Damages	Oct. 22, 2009	Oct. 22, 2009 Complaint
115 1:09-cv-00540	Memorandum Decision and Order	July 6, 2011	July 6, 2011 Order/Opinion 834 F.Supp.2d 1103
122 1:09-cv-00540 11-35674	Opinion [Appellate decision reversing and remanding order for summary disposition] Boise v. City of Idaho U.S. Court of Appeals for the Ninth Circuit	March 7, 2013	March 7, 2013 Order/Opinion 709 F.3d 890
154 1:09-cv-00540	Memorandum Decision and Order on Defendants' Second Motion for Summary Judgment	Jan. 27, 2014	Jan. 27, 2014 Order/Opinion
170 1:09-cv-00540	Memorandum Decision and Order on Defendants' Motion to Strike and Dismiss Portions of the Second Amended Complaint	July 16, 2014	July 16, 2014 Order/Opinion
171 1:09-cv-00540	Revised Second Amended Complaint for Injunctive and Declaratory Relief Boise v. City of Idaho	July 31, 2014	July 31, 2014 Complaint
195 1:09-cv-00540	Order [protective order] Bell v. City of Boise	Jan. 6, 2015	Jan. 6, 2015 Order/Opinion
243 1:09-cv-00540	Plaintiff's Motion for Summary Judgment	April 30, 2015	April 30, 2015 Pleading / Motion / Brief
276 1:09-cv-00540	Statement of Interest of the United States	July 6, 2015	July 6, 2015 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against City of Boise, Idaho, Boise Police Department, Michael Masterson ( Filing fee $ 350 receipt number 0976-532029.), filed by Janet F. Bell, Ronald Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Pamela Hawkes, Craig Fox. (Attachments: # 1 Summons, # 2 Cover Sheet)(Belodoff, Howard) 1 Summons View on PACER 2 Cover Sheet View on PACER	Oct. 22, 2009	Oct. 22, 2009 RECAP
2	Summons Issued as to Boise Police Department, City of Boise, Idaho, Michael Masterson. (Print attached Summons for service.) (jm)	Oct. 23, 2009	Oct. 23, 2009 PACER
3	SUMMONS Returned Executed by Robert Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Janet F. Bell, Pamela Hawkes, Craig Fox. Boise Police Department served on 10/30/2009, answer due 11/19/2009; City of Boise, Idaho served on 10/30/2009, answer due 11/19/2009. (Belodoff, Howard)	Nov. 2, 2009	Nov. 2, 2009 PACER
4	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Tulin Ozdeger. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)	Nov. 6, 2009	Nov. 6, 2009 PACER
5	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Catherine Bendor. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)	Nov. 6, 2009	Nov. 6, 2009 PACER
6	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Marguerite M Sullivan. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)	Nov. 6, 2009	Nov. 6, 2009 PACER
7	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Kristi N O'Malley. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)	Nov. 6, 2009	Nov. 6, 2009 PACER
8	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Heather Maria Johnson. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Belodoff, Howard)	Nov. 6, 2009	Nov. 6, 2009 PACER
9	MOTION to Waive Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 11/30/2009 (Attachments: # 1 Affidavit Howard Belodoff in Support of Motion to Waive Fees)(Belodoff, Howard) 1 Affidavit Howard Belodoff in Support of Motion to Waive Fees View on PACER	Nov. 6, 2009	Nov. 6, 2009 PACER
10	SUMMONS Returned Executed by Robert Anderson, Brian S. Carson, Robert Martin, Lawerence Lee Smith, Janet F. Bell, Pamela Hawkes, Craig Fox. Michael Masterson served on 11/6/2009, answer due 11/27/2009. (Belodoff, Howard)	Nov. 16, 2009	Nov. 16, 2009 PACER
11	Defendants' ANSWER to 1 Complaint, by Boise Police Department, City of Boise, Idaho, Michael Masterson.(Muir, Scott)	Nov. 19, 2009	Nov. 19, 2009 PACER
12	DOCKET ENTRY ORDER - Finding good cause therefore, NOW THEREFORE IT IS HEREBY ORDERED THAT the Motions for Admission pro hac vice 4 5 6 7 and 8 are GRANTED. IT IS FURTHER ORDERED THAT the Motion to Waive pro hac vice fees for Latham & Watkins and the NLCHP 9 is DENIED. Signed by Judge B. Lynn Winmill. (sbh)	Nov. 20, 2009	Nov. 20, 2009 PACER
13	NOTICE of Hearing: Telephonic Scheduling Conference set for 12/17/2009 04:00 PM before Judge B. Lynn Winmill. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan)(jlg) 1 Litigation Plan Letter View on PACER 2 Litigation Plan View on PACER	Nov. 20, 2009	Nov. 20, 2009 PACER
14	NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Robert Anderson, Janet F. Bell, Boise Police Department, Brian S. Carson, City of Boise, Idaho, Craig Fox, Pamela Hawkes, Robert Martin, Michael Masterson, Lawerence Lee Smith re 11 Answer to Complaint, 1 Complaint, Consent/Objection to Magistrate due by 1/22/2010. (jm)	Nov. 20, 2009	Nov. 20, 2009 PACER
15	CONSENT filed. (jm)	Nov. 30, 2009	Nov. 30, 2009 PACER
16	ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(jm)	Dec. 1, 2009	Dec. 1, 2009 PACER
	DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Ronald E Bush for all further proceedings. Judge B. Lynn Winmill no longer assigned to case. Please use this case number on all future pleadings, CIV 09-540-S-REB (jm)	Dec. 1, 2009	Dec. 1, 2009 PACER
17	DOCKET TEXT AMENDED NOTICE of Hearing: The Court will maintain the TSC previously set for this date and time. However, Plaintiff's counsel shall now initiate the Conference Call to Judge Bush's Chambers at (208) 334-1495. Counsel shall prepare the attached Litigation Plan which is due no later than DECEMBER 14, 2009. The Telephonic Scheduling Conference set for 12/17/2009 04:00 PM (MTN. TIME) in Boise, ID before Judge Ronald E Bush. Should you need assistance, please call Lynette Case, Deputy Clerk for Judge Bush, at (208) 334-9023.(lc)	Dec. 1, 2009	Dec. 1, 2009 PACER
18	MOTION for Reconsideration re 12 Order, Denial Of Motion for Waiver of Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 12/28/2009 (Belodoff, Howard)	Dec. 1, 2009	Dec. 1, 2009 PACER
19	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. (Belodoff, Howard)	Dec. 4, 2009	Dec. 4, 2009 PACER
20	DOCKET ENTRY ORDER granting 18 Motion for Reconsideration (Docket No. 18). Pending before the Court is Plaintiffs' Motion for Reconsideration of Denial of Motion for Waiver of Pro Hac Vice Fees (Docket No. 18). The Motion for Reconsideration clarifies that Plaintiffs' counsel are acting in a pro bono capacity. Accordingly, IT IS HEREBY ORDERED that Plaintiffs' Motion (Docket No. 18) is GRANTED. All pro bono counsel whose pro hac vice applications have been approved shall be entitled to have the pro hac vice fee waived. This includes: Tulin Ozdeger, Catherine Bendor, Marguerite Sullivan, Kristi O'Malley, and Heather Maria Johnson. The Order at Docket No. 12 is VACATED to the extent it is inconsistent with this order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)	Dec. 9, 2009	Dec. 9, 2009 PACER
21	DOCKET TEXT AMENDED NOTICE of Hearing: Telephonic Scheduling Conference set for 12/21/2009 02:00 PM (MTN. TIME) in Pocatello, ID before Judge Ronald E Bush. The Clerk shall initiate the Call to all parties on Monday.(lc)	Dec. 17, 2009	Dec. 17, 2009 PACER
22	Minute Entry for proceedings held before Judge Ronald E Bush: Scheduling Conference held on 12/21/2009, (5-day Jury Trial set for 1/10/2011 09:00 AM in Boise, ID before Judge Ronald E Bush.). (Court Reporter/ESR Vicki Jones.) (lc) (Entered: 12/22/2009)	Dec. 21, 2009	Dec. 21, 2009 PACER
23	CASE MANAGEMENT ORDER Scheduling conference held 12/21/09. ( Amended Pleadings due by 4/30/2010, Discovery due by 8/31/2010, Joinder of Parties due by 4/30/2010., Dispositive Motions due by 9/30/2010, Jury Trial set for 1/10/2011 09:00 AM in Boise, ID before Judge Ronald E Bush.) This matter is referred to Magistrate Judge Larry M. Boyle for the purpose of conducting both a voluntary case management conference and the settlement conference. Thevoluntary case management conference shall be held by 3/31/10 and the settlementconference by 5/31/10. Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Entered: 12/23/2009)	Dec. 22, 2009	Dec. 22, 2009 PACER
	Set Deadlines/Hearings: Judicially Supervised Settlement Conference shall be held by 5/31/2010. (jm)	Dec. 22, 2009	Dec. 22, 2009 PACER
24	VOLUNTARY CASE MANAGEMENT CONFERENCE SCHEDULING ORDER (VCMC Hearing set for 2/5/2010 01:00 PM in Boise, ID before Judge Larry M. Boyle.). Signed by Judge Ronald E Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)	Jan. 4, 2010	Jan. 4, 2010 PACER
25	DOCKET TEXT ORDER - Pursuant to discussion with counsel, the Voluntary Case Management Conference set for 2/5/2010 is hereby VACATED. Counsel will contact Judge Boyle's law clerk at 334-9010 on or before February 10, 2010 to reschedule conference date. Signed by Judge Larry M. Boyle. (md)	Jan. 12, 2010	Jan. 12, 2010 PACER
26	DOCKET ENTRY ORDER re 25 Order, Counsel shall have until February 17, 2010, to contact Judge Boyle's law clerk, Merritt Dublin, to reschedule the Voluntary Case Management Conference date. Signed by Judge Larry M. Boyle. (bk)	Feb. 9, 2010	Feb. 9, 2010 PACER
27	VOLUNTARY CASE MANAGEMENT CONFERENCE SCHEDULING ORDER (VCMC Hearing set for 3/22/2010 01:30 PM in Boise, ID before Judge Larry M Boyle). Signed by Judge Larry M.Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) Modified on 2/19/2010 to correct the entry to reflect the correct Judge (jm).	Feb. 18, 2010	Feb. 18, 2010 PACER
	Set Deadlines/Hearings: VCMC Hearing set for 3/22/2010 01:30 PM in Boise, ID before Judge Larry M. Boyle. (jm)	Feb. 18, 2010	Feb. 18, 2010 PACER
28	DOCKET TEXT Minute Entry for proceedings held before Judge Larry M. Boyle: VCMC Conference held on 3/22/2010. Appearances by Howard Belodoff and Heather Johnson(appearing by telephone as well as Karen Cunningham by telephone) as counsel for Plaintiff, Scott Muir and Valencia Bilyeu as counsel for defense. The Court and counsel discussed how best to proceed with this case. (Court Reporter/ESR not recorded.) (so) (Entered: 03/23/2010)	March 22, 2010	March 22, 2010 PACER
29	MOTION to Waive Pro Hac Vice Fees Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)	March 31, 2010	March 31, 2010 PACER
30	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Karen E Cunningham. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)	March 31, 2010	March 31, 2010 PACER
31	MOTION FOR ADMISSION PRO HAC VICE AND MOTION FOR WAIVER OF FEE by Kirstin M Scheffler. Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 4/26/2010 (Belodoff, Howard)	March 31, 2010	March 31, 2010 PACER
32	DOCKET ENTRY ORDER- Finding good cause therefore, IT IS HEREBY ORDERED that the Motions for Admission pro hac vice (Docket Nos. 30 and 31 ) and the Motion to Waive pro hac vice fees (Docket No. 29 ) are GRANTED. Per General Order 206, out-of-state counsel shall immediately register for ECF. Signed by Judge Ronald E Bush.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by kp)	April 2, 2010	April 2, 2010 PACER
33	DOCKET ENTRY ORDER Re Correspondence with Court: Communication with the Court is governed by Local Rule 77.4. Correspondence, email, and telephone calls for the purpose of notifying the Court of something are permissible; however, such communication should not be used as a substitute for seeking relief on a matter more properly brought as a motion. Signed by Judge Ronald E Bush. (kp)	April 5, 2010	April 5, 2010 PACER
34	MOTION to Withdraw as Attorney Catherine Bendor Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 5/24/2010 (Belodoff, Howard)	April 30, 2010	April 30, 2010 PACER
35	MOTION for Extension of Time to File Join Parties Howard A Belodoff appearing for Plaintiffs Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. Responses due by 5/24/2010 (Belodoff, Howard)	April 30, 2010	April 30, 2010 PACER
36	AFFIDAVIT in Support by Heather Johnson re 35 MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith. (Attachments: # 1 Exhibit)(Belodoff, Howard) 1 Exhibit View on PACER	April 30, 2010	April 30, 2010 PACER
37	MEMORANDUM in Support re 35 MOTION for Extension of Time to File Join Parties filed by Robert Anderson, Janet F. Bell, Brian S. Carson, Craig Fox, Pamela Hawkes, Robert Martin, Lawerence Lee Smith.(Belodoff, Howard)	April 30, 2010	April 30, 2010 PACER

Case: Bell v. City of Boise

1:09-cv-00540 | U.S. District Court for the District of Idaho

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