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9th U.S. Circuit Court of Appeals

Sep. 7, 2023

9th Circuit won’t modify injunction of anti-camping law

he case will return to U.S. Magistrate Judge Donna M. Ryu, who ruled in December 2022 that homeless plaintiffs would likely prevail in their claim that San Francisco is violating their Eighth Amendment rights “by imposing or threatening to impose criminal penalties against homeless individuals for ‘sitting, sleeping, or lying outside on public property’ without giving them the option of sleeping indoors.”

A 9th U.S. Circuit Court of Appeals panel has denied a request to modify U.S. Magistrate Judge Donna M. Ryu’s preliminary injunction limiting the City and County of San Francisco’s ability to enforce ordinances aimed at clearing homeless camps, but both sides claimed a win.

The panel, in a per curiam order Tuesday evening, denied the city’s bid to modify Ryu’s order blocking enforcement of the ordinances against sitting, lying or sleeping o...

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