The U.S. Constitution’s prohibition against cruel and unusual punishment bars cities from prosecuting the homeless for sleeping outside on public property when they cannot obtain shelter, a federal appeals court ruled on Sept. 4.
Reversing a lower court ruling in the Boise, Idaho case, the 9th U.S. Circuit Court of Appeals ruled 2-1 that Robert Anderson and Robert Martin could seek an injunction against enforcement of that city’s “anti-camping” and disorderly conduct ordinances.
