MANNING v. CALDWELL

No. 17-1320.

900 F.3d 139 (2018)

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: August 9, 2018.


Attorney(s) appearing for the Case

ARGUED: Jonathan Lee Marcus , SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP, Washington, D.C., for Appellants. Trevor Stephen Cox , 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, Matthew R. McGuire , Assistant Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, 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., for Amicus Curiae.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer joined. Judge Motz wrote an opinion concurring in the judgment.


Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a "habitual drunkard" or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from...

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