MANNING v. CALDWELL FOR CITY OF ROANOKE

No. 17-1320.

930 F.3d 264 (2019)

Bryan MANNING; Ryan Williams; Richard Deckerhoff; Richard Eugene Walls, Plaintiffs-Appellants, v. Donald CALDWELL, Commonwealth's Attorney FOR the CITY OF ROANOKE; Michael Nehemiah Herring, Commonwealth's Attorney for the City of Richmond, Defendants-Appellees. National Law Center on Homelessness & Poverty, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2019.


Attorney(s) appearing for the Case

ARGUED: Jonathan Lee Marcus , SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP, Washington, D.C., for Appellants. Matthew Robert McGuire , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Mark D. Young , Maureen A. Donley , Donald P. Salzman , Theodore M. Kneller , Shekida A. Smith , Daniel B. O'Connell , SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP, Washington, D.C.; Mary Frances Charlton , Angela Ciolfi , Elaine Poon , LEGAL AID JUSTICE CENTER, Charlottesville, Virginia, for Appellants. Mark R. Herring , Attorney General, Trevor S. Cox , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL, Richmond, Virginia, for Appellees. Eric S. Tars , NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY, Washington, D.C.; Richard P. Bress , Andrew D. Prins , George C. Chipev , Ryan C. Grover , LATHAM & WATKINS LLP, Washington, D.C.; Douglas N. Letter , Nicolas Y. Riley , Seth Wayne , Institute for Constitutional Advocacy and Protection, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Amicus Curiae.

Reversed and remanded by published opinion. Judges Motz and Keenan wrote the majority opinion, in which Chief Judge Gregory, and Judges King, Wynn, Floyd, Thacker, and Harris joined. Judge Keenan wrote a concurring opinion, in which Judges Motz and Thacker joined. Judge Wilkinson wrote a dissenting opinion, in which Judges Niemeyer, Agee, Richardson, Quattlebaum, and Senior Judge Duncan joined. Judge Wilkinson wrote a specially dissenting opinion. Judge Diaz wrote a dissenting opinion.


Homeless alcoholics brought this action challenging a Virginia statutory scheme that makes it a criminal offense for those whom the Commonwealth has labelled "habitual drunkards" to possess, consume...

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