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SHEPTOCK v. FENTY

No. 11-7018.

707 F.3d 326 (2013)

Eric SHEPTOCK and Committee to Save Franklin Shelter, on Behalf of its Members, Appellants v. Adrian FENTY, in his Individual and Official Capacities, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2013.

Attorney(s) appearing for the Case

George E. Rickman argued the cause and filed the briefs for appellants.

Stacy L. Anderson, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellees. With her on the brief were Irvin B. Nathan, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case stems from the closure of the Franklin Shelter, an overnight facility for homeless men in downtown Washington, D.C. In two prior suits filed in the Superior Court for the District of Columbia, former shelter residents alleged that the closure violated D.C. law and the Fifth Amendment to the United States Constitution. In a third case, filed in federal court and on appeal here, plaintiffs allege...

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