Circuit split · constitutional law
Whether a plaintiff has standing to bring an Eighth Amendment challenge to an ordinance criminalizing involuntary conduct or status arising from homelessness (e.g., sleeping in public when no shelter is available).
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Jones v. City of Los Angeles444 F3D 1118
Ninth Circuit Court of Appeals · April 14, 2006
“It gets there by cobbling together the views of dissenting and concurring justices, creating a circuit conflict on standing, and overlooking both Supreme Court precedent, and our own, that restrict the substantive component of the Eighth Amendment to crimes not involving an act.” — Creates a split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 5th Cir.Johnson
“While this might satisfy the Fifth Circuit’s Johnson test, it does not necessarily save their standing to the extent they challenge the ordinance based on being convicted for the involuntary "condition” of being on the streets without avail *1142 able shelter.” — Jones v. City of Los Angeles, acknowledging the split
- Discussed · 9th Cir.United States v. Ayala35 F.3d 423
What the split turns on
- Doctrines & tests:
- Johnson test
- Constitutional provisions:
- Eighth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.