PEERY v. CITY OF MIAMI

No. 19-10957.

977 F.3d 1061 (2020)

David PEERY, Plaintiff-Appellant, v. CITY OF MIAMI, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 1, 2020.


Attorney(s) appearing for the Case

Dante Pasquale Trevisani , Raymond J. Taseff , Florida Justice Institute, Benjamin Samuel Waxman , Black Srebnick Kornspan & Stumpf, PA, Kelley S. Roark , Ritter Zaretsky Lieber & Jaime, LLP, Arthur J. Rosenberg , Florida Legal Services, Inc., Daniel Boaz Tilley , ACLU Foundation of Florida, Inc., Miami, FL, Nancy Gbana Abudu , Southern Poverty Law Center, Decatur, GA, Stephen J. Schnably , University of Miami School of Law, Coral Gables, FL, for Plaintiff-Appellant.

Kerri McNulty , Warren Bittner , Carlos Humberto Gamez , John Anthony Greco , Christopher Allan Green , Douglas Andrew Harrison , George Kearsley Wysong, III , Office of the Miami City Attorney, Forrest Lee Andrews , Lydecker Diaz, LLC, Kendall Coffey , Coffey Burlington, PL, Scott Allan Cole , Thomas Emerson Scott, Jr. , Cole Scott & Kissane, PA, Anna Theresa Neill , Kenny Nachwalter, PA, Juan Carlos Perez , Angones McClure & Garcia, PA, Miami, FL, for Defendant-Appellee.

Before WILLIAM PRYOR, Chief Judge, TJOFLAT and HULL, Circuit Judges.


This appeal requires us to decide whether the district court abused its discretion when it terminated a consent decree that regulated how the City of Miami treats its homeless residents. Twenty years after the consent decree's adoption, the City moved to terminate it based on changed circumstances, fulfillment of its...

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