Does the 8th Amendment prohibit the state from punishing a person for being homeless?

California, United States of America


The following excerpt is from Allen v. City of Sacramento, 183 Cal.Rptr.3d 654, 234 Cal.App.4th 41 (Cal. App. 2015):

homeless is cruel and unusual]; Jones v. City of L.A. (9th Cir.2006) 444 F.3d 1118, 11351137, opn. vacated following settlement in Jones v. City of L.A. (9th Cir.2007) 505 F.3d 1006 [the 8th Amendment prohibits the state from punishing a person for the unavoidable consequences of being involuntarily homeless, i.e., sitting, lying down or sleeping in a public place].)

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