Carl Johannes Anderson v. Walter C. Nemetz, Individually and as Chief of the City of Scottsdale Police Department
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, District Judge:
This is an appeal from a final judgment dismissing an action brought under the Civil Rights Act, 42 U.S.C. § 1983, for declaratory and injunctive relief against further prosecution under a section of the Arizona vagrancy statute. We reverse and remand.
The undisputed facts reveal the following :
1. Arizona Revised Statutes § 13-991, subsec. 3 provides:
“The following are vagrants and shall be punished by imprisonment in the county jail for not to exceed ninety days:
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“3. A person who roams about from place to place without any lawful business.”
2. In 1967,…
2Cases cited20 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Baker v. CarrSupreme Court of the United States · 1962
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Flast v. CohenSupreme Court of the United States · 1968
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
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3Cited by14 opinions
- California Diversified Promotions, Inc. v. James A. MusickCourt of Appeals for the Ninth Circuit · 1974
- Lloyd Charles Powell v. W. T. Stone, WardenCourt of Appeals for the Ninth Circuit · 1974
- Lawson v. KolenderCourt of Appeals for the Ninth Circuit · 1981
- Associated Students for University of California at Riverside v. Attorney GeneralDistrict Court, C.D. California · 1973
- Lawson v. KolenderCourt of Appeals for the Ninth Circuit · 1981
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