Janet Bell v. City of Boise

Plaintiffs appeal the court’s order granting summary judgment to Defendants City of Boise, Boise Police Department, and Michael Masterson in his official capacity as Chief of Police. Plaintiffs’ amended complaint, brought pursuant to 42 U.S.C. § 1983 , alleged Defendants enforced two local ordinances in violation of the Eighth Amendment to the Constitution. The court held the Roolcer-Feldmcm doctrine deprived it of subject matter jurisdiction over Plaintiffs’ claims for retrospective relief. The court also found Plaintiffs’ claims for prospective injunctive and declaratory relief “largely moot” because the City of Boise amended one ordinance and the Chief of Police issued an internal policy regarding the enforcement of both ordinances.

We reverse the dismissal of Plaintiffs’ claims for retrospective relief because those claims are not barred by the Rook-er-Feldman doctrine. We also reverse the dismissal of Plaintiffs’ claims for prospective relief because those claims have not been mooted by Defendants’ voluntary conduct. In reversing, we do not reach the merits of Plaintiffs’ Eighth Amendment challenges. Rather, we hold that jurisdiction exists as to Plaintiffs’ Eighth…