Civil Litigation,
9th U.S. Circuit Court of Appeals
Sep. 24, 2021
Judge relied on ‘extra-record evidence’ for homeless cleanup order
“The district court granted relief based on claims that plaintiffs did not allege, supported by novel legal theories that plaintiffs did not argue, or against defendants against whom the claim was not pled,” 9th U.S. Circuit Court of Appeals wrote about U.S. District Judge David O. Carter.
A U.S. appellate court rebuked a judge in Santa Ana on Wednesday for basing his sweeping order to alleviate Los Angeles homelessness on his own research and novel theories rather than evidence submitted by the plaintiffs.
Judge David O. Carter of the Central District of California said his injunction against the city and county of LA was based largely on what he said was sys...
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