Pottinger v. City of Miami

No. 88-2406-CIV-MORENO (S.D. Fla. Nov. 16, 1998) ; Clearinghouse Number: 48663

Description

Miami Agrees to Compensate Homeless Persons Who Were Arrested for Misdemeanor Harmless Acts, Such as Sleeping in Public

Abstract

The parties settled this class action alleging that defendant City of Miami violated plaintiff homeless persons’ constitutional rights. Plaintiffs claimed that defendant had a policy of arresting homeless persons for harmless acts, such as sleeping, bathing, or dressing, that they were forced to perform in public because of their lack of shelter. They also alleged that defendant city officials seized and destroyed their property in contravention of law-enforcement procedures. City agreed to adopt a departmental order reflecting the city’s commitment to respect homeless persons’ rights and implementing a protocol that law enforcement officers must follow when encountering homeless persons. Law enforcement officers would not arrest or detain homeless persons observed not engaging in any criminal conduct. Homeless persons observed committing a "life-sustaining conduct" misdemeanor (acts that are misdemeanor offenses by virtue of the person being without shelter, i.e., eating, sleeping, sitting, congregating, or walking in public) would be arrested for such conduct only if shelter was available and the person refused to accept it. Miami Police Department would follow its own internal procedures for taking custody of homeless persons’ personal property. City agreed to adopt a procedure for monitoring and accounting for its police officers’ encounters with homeless persons and to establish an advisory committee to monitor such police contacts. City agreed to compensate members of plaintiff class who suffered injuries under city’s former policy and to pay plaintiffs $900,000 in attorney fees.

Additional Information

Attorney Information
Docket Date
1998-11-16 00:00:00+00:00