Pottinger v. City of Miami - Significance, City's Treatment Of Homeless Violated Their Constitutional Rights, Negotiations Lead To Settlement Agreement

law plaintiffs decision policy

Plaintiffs

Michael Pottinger, Peter Carter, Berry Young

Defendant

City of Miami

Plaintiffs' Claim

That the city of Miami had a policy of harassing homeless people and routinely seized and destroyed their property in violation of their constitutional rights.

Chief Lawyer for Plaintiffs

Benjamin S. Waxman

Chief Defense Lawyer

Quinn Jones III

Justices for the Court

Joseph W. Hatchett (writing for the court), R. Lanier Anderson, Peter T. Fay

Justices Dissenting

None

Place

Atlanta, Georgia

Date of Decision

2 February 1996

Decision

That a settlement agreement between the homeless of Miami and the City of Miami would provide for police training, law enforcement contracts with the homeless, record keeping, an advisory committee, and $600,000 compensation for the homeless.

Related Cases

Newell v. Prudential Ins. Co. of America, 904 F. 2d 644 (1990).
Alabama-Tombigbee Rivers Coalition v. Dept. of Interior, 26 F. 3d 1103 (1994).

Sources

Stoner, Madeleine R. The Civil Rights of Homeless People: Law, Social Policy, and Social Work Practice. New York: Aldine de Gruyler, 1995.

Additional Topics

Pottinger v. City of Miami - Significance

Pottinger v. City of Miami is a landmark class action case brought on behalf of the homeless. The case is a model of how these types of cases can be resolved. The homeless of Miami, Florida, filed a class action lawsuit in the U.S. District Court for the Southern District of Florida against the city of Miami in December of 1988. The homeless charged that the Miami police had a policy of harassing …

Pottinger v. City of Miami - City's Treatment Of Homeless Violated Their Constitutional Rights

The district court ruled that the city's practice of arresting homeless individuals for harmless life sustaining activities that they are forced to perform in public is unconstitutional because the arrests constituted cruel and unusual punishment in violation of the Eighth Amendment, restricted innocent conduct in violation of the Due Process Clause of the Fourteenth Amendment, and burdened the fu…

Pottinger v. City of Miami - Negotiations Lead To Settlement Agreement

As a result of the lawsuit, Miami participated in a countywide effort to provide services and assistance to homeless people. In keeping with its past and ongoing efforts, Miami committed itself to ensuring that the legal and constitutional rights of all homeless people be fully respected by all city policies, rules, regulations, practices, officials, and personnel. On 18 December 1997, Miami Mayor…

Pottinger v. City of Miami - Impact

Cooperating ACLU attorney Benjamin S. Waxman noted that this was a landmark settlement recognizing that the homeless cannot be denied fundamental constitutional rights simply because they are homeless. Waxman felt that the settlement showed the best of what can be achieved when two sides of a dispute work together to find common ground to accomplish a mutual goal. The settlement may serve as a mod…

Pottinger v. City of Miami - Homeless Rights

Homelessness in America significantly escalated through the 1980s with estimates of possibly as many as three million people living on the streets or in temporary facilities by the late 1990s. As the numbers increased, the occurrence of homeless families with children became more prevalent. Also, with increased visibility came reactions from society to suppress the visibility and intrusion of home…

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