Sacramento Homeless Union v. City of Sacramento

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SACRAMENTO HOMELESS No. 23-16123 UNION, a local of the California Homeless Union/Statewide Organizing D.C. No. Council; BETTY RIOS; DONTA 2:22-cv-01095-

WILLIAMS; FALISHA SCOTT, TLN-KJN

Plaintiffs-Appellees, ORDER

v.

CITY OF SACRAMENTO,

Defendant-Appellant,

and

COUNTY OF SACRAMENTO,

Defendant.

Filed September 10, 2024

Before: M. Margaret McKeown and Morgan Christen, Circuit Judges, and David A. Ezra,* District Judge.

* The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation. Order; Statement by Judges McKeown, Christen, and Ezra; Statement by Judge R. Nelson

SUMMARY**

Mootness

The panel denied a petition for panel rehearing and for rehearing en banc from the panel’s order dismissing as moot an appeal from the district court’s preliminary injunction in an action brought by unhoused individuals who alleged that the City of Sacramento violated the Fourteenth Amendment under the state-created danger doctrine by clearing…