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DESERTRAIN v. CITY OF LOS ANGELES

No. 11-56957.

754 F.3d 1147 (2014)

Cheyenne DESERTRAIN; Steve Jacobs-Elstein; Bradford Eckhart; Patricia Warivonchik; Leroy Butler; William Cagle; Chris Taylor, Plaintiffs-Appellants, v. CITY OF LOS ANGELES, a municipal entity; Jon Peters; Randy Yoshioka; Jason Prince; Brianna Gonzales, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2014.

Attorney(s) appearing for the Case

Carol A. Sobel (argued), Law Office of Carol A. Sobel, Santa Monica, California, for Plaintiffs-Appellants.

Blithe S. Bock (argued), Carmen A. Trutanich , Amy Jo Field , Lisa S. Berger , City Attorney's Office, Los Angeles, California, for Defendants-Appellees.

Before: HARRY PREGERSON, MARSHA S. BERZON, and MORGAN CHRISTEN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

This 42 U.S.C. § 1983 case concerns the constitutionality of Los Angeles Municipal Code Section 85.02, which prohibits use of a vehicle "as living quarters either overnight, day-by-day, or otherwise." Plaintiffs include four homeless individuals who parked their vehicles in the Venice area of Los Angeles and were cited and arrested for violating Section 85.02. Defendants are...

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