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Can Sacramento clear homeless camps during extreme weather? Court of Appeals hears arguments

The Sacramento Homeless Union is suing the city of Sacramento, saying homeless camp sweeps during extreme weather violate unhoused people's 14th Amendment rights.
Credit: burdun - stock.adobe.com
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SAN FRANCISCO — Is the city of Sacramento violating the U.S. Constitution when it clears homeless encampments during extreme weather? That was the question before the U.S. Court of Appeals for the Ninth Circuit Thursday.

The Sacramento Homeless Union, which represents more than 2,500 unhoused individuals in the Sacramento area, is suing the city, saying moving unhoused people during extreme weather is dangerous and subjects them to something called “state-created danger,” in violation of the 14th Amendment.

The city argues clearing camps does not fall under the so-called “State-Created Danger Doctrine.”

The panel of three judges heard oral arguments Thursday in San Francisco and will issue their decision at a later date. People can watch the arguments starting at about two hours and seven minutes into THIS LIVE VIDEO STREAM from the courtroom.

This all stems from multiple injunctions – or pauses – the Sacramento Homeless Union has successfully won in court against the city clearing encampments during period of extreme weather.

WATCH MORE ON ABC10: Sacramento Homeless Crisis | How the County, City is addressing the crisis in real-time

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