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Civil Litigation

Mar. 9, 2021

LA says US judge can’t tread on local authority, plaintiffs argue he can

On Jan. 31, U.S. District Judge David O. Carter requested briefs from counsel on both sides outlining the lengths to which he could intervene and solve the crisis himself during emergency situations, citing what he called inaction by the defendants.

The city and county of Los Angeles city are arguing the federal judge overseeing a homelessness case does not have broad authority to issue equitable relief because such judicial intervention has been rejected in other significant litigation challenging public institutions and policies that fall within the discretion of elected officials.

On Jan. 31, U.S. District Judge ...