Janet Bell v. City of Boise
2013 U.S. App. LEXIS 4632
| 9th Cir. | 2013Background
- Plaintiffs, homeless individuals in Boise, sued City of Boise, Boise Police Department, and Masterson under §1983 alleging enforcement of Camping and Sleeping Ordinances violated Eighth Amendment.
- District court granted summary judgment to Defendants, ruled Rooker-Feldman barred retrospective relief, and deemed prospective relief largely moot after amendments to the camping ordinance and a Special Order.
- City amended Camping Ordinance in 2010 and the Chief of Police issued Special Order 10-03 restricting enforcement when no overnight shelter is available.
- Three shelters operate in Boise (City Light, River of Life, Sanctuary); Sanctuary uses a reservation system and sometimes turns away seekers; Anderson resided there for years.
- A prior plaintiff, Godfrey, was determined to lack standing; the record reflects most plaintiffs remained homeless, supporting standing for injunctive relief at least for purposes of remand.
- On appeal, the Ninth Circuit reversed in part: retrospective relief not barred by Rooker-Feldman; nighttime prospective relief not mooted by the Special Order; remanded for merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rooker-Feldman applicability | Plaintiffs: claims not a de facto state-court appeal. | City: claims barred as improper challenge to state judgments. | Rooker-Feldman inapplicable; retrospective relief remanded. |
| Mootness of prospective relief for nighttime enforcement | Special Order 10-03 did not render relief moot; ongoing risk remains. | Special Order eliminates reasonable expectation of recurrence at night. | Special Order not sufficient to moot; proceed to merits on remand. |
| Voluntary cessation mootness standard | Defendants’ policy change should moot the case under strict standard. | Policy change is permanent enough to moot the claims. | Voluntary cessation not shown to be permanent; not moot on record. |
Key Cases Cited
- Noatak v. Blatchford, 38 F.3d 1505 (9th Cir. 1994) (voluntary cessation and state enactment mootness limits)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (U.S. 2000) (heavy burden for mootness after voluntary cessation)
- Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (U.S. 2005) (approves Noel approach to Rooker-Feldman)
- Noel v. Hall, 341 F.3d 1148 (9th Cir. 2003) (forbidden de facto appeal requires legal error by state court)
- Manufactured Home Cmtys. Inc. v. City of San Jose, 420 F.3d 1022 (9th Cir. 2005) (not a forbidden de facto appeal; preserves jurisdiction)