Peery v. City of Miami, No. 14-13287 (11th Cir. 2020)Annotate this Case
The City of Miami moved to terminate a consent decree that regulated how the City of Miami treats its homeless residents twenty years after its adoption based on changed circumstances, fulfillment of its purpose, and substantial compliance with its requirements. The district court ruled that the City had not violated the consent decree, granted its motion for termination, and denied the opposing motion for contempt. The district court terminated the decree because the City had substantially complied with the core purpose of the settlement agreement, that is, to stop the criminalization of homelessness. Furthermore, the district court found no evidence that would negate a finding of substantial compliance. The district court also found changed circumstances in Miami, but did not rely on those findings as a basis for termination.
The Eleventh Circuit affirmed the termination of the consent decree and the denial of the contempt motion, holding that the district court correctly interpreted the decree and did not abuse its discretion by terminating the decree. Applying Florida contract law, the court held that, although the homeless identify one misinterpretation of the consent decree, they failed to identify any errors that establish noncompliance by the City. The court also held that the district court correctly applied the burden of proof on the City's motion for termination by bifurcating its analyses; did not abuse its discretion by granting the motion for termination; and did not abuse its discretion by denying the motion for contempt.
This opinion or order relates to an opinion or order originally issued on November 10, 2015.