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Pottinger v. City of Miami

Significance, City's Treatment Of Homeless Violated Their Constitutional Rights, Negotiations Lead To Settlement Agreement


Michael Pottinger, Peter Carter, Berry Young


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



Atlanta, Georgia

Date of Decision

2 February 1996


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).


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

Further Readings

  • ACLU of Florida. http://www.aclufl.org.
  • Ellickson, Robert C. "Controlling Chronic Misconduct in City Spaces." Yale Law Journal, March 1996, p. 1165.

Additional topics

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