United States Ninth Circuit

Summary judgment in favor of defendant-city in a 42 U.S.C. section 1983 action challenging the constitutionality of Los Angeles Municipal Code Section 85.02, which prohibits the use of a vehicle "as living quarters either overnight, day-by-day, or otherwise," is reversed and remanded, where: 1) Section 85.02 provides inadequate notice of the unlawful conduct it proscribes, and opens the door to discriminatory enforcement against the homeless and the poor; and accordingly, 2) Section 85.02 violates the Due Process Clause of the Fourteenth Amendment as an unconstitutionally vague statute.

Appellate Information

• Decided 06/19/2014
• Published 06/19/2014

Judges

• PREGERSON

Court

• United States Ninth Circuit

Counsel