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RUCKER v. DAVIS

Nos. 98-16322, 98-16542.

203 F.3d 627 (2000)

Pearlie RUCKER; Herman Walker; Willie Lee; Barbara Hill, Plaintiffs-Appellees, v. Harold DAVIS; Oakland Housing Authority, Defendants, and U.S. Department of Housing and Urban Development, Defendant-Appellant. Pearlie Rucker; Herman Walker; Willie Lee; Barbara Hill, Plaintiffs-Appellees, v. Harold Davis; Oakland Housing Authority, Defendants-Appellants, and U.S. Department of Housing and Urban Development, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2000

Attorney(s) appearing for the Case

Howard S. Scher (argued), United States Department of Justice, Washington, D.C.; Carole W. Wilson, Howard M. Schmeltzer, Harold J. Rennett, Office of Litigation and Fair Housing Enforcement, Office of General Counsel, United States Department of Housing and Urban Development, Washington, D.C., for defendant-appellant United States Department of Housing and Urban Development.

Gary T. Lafayette (argued), Susan T. Kumagai, Lafayette, Kumagai & Clarke, San Francisco, California, for defendants-appellants Oakland Housing Authority and Harold Davis.

Ira Jacobowitz (argued), Oakland, California; Martin S. Checov, Whitty Somvichian, O'Melveny & Myers, San Francisco, California; John Murcko, Oakland, California; Anne Tamiko Omura, Donna Teshima, Robert Salinas, Oakland, California; William Simpich, Matthew Siegel, Oakland, California, for plaintiffs-appellees Pearlie Rucker, Herman Walker, Willie Lee, and Barbara Hill.

H. Joseph Escher, III, Howard, Rice, Nemerovski, Canady, Falk, & Rabkin, San Francisco, California, for amicus curiae Center for the Community Interest.

Before: SNEED, O'SCANNLAIN, and FLETCHER, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge FLETCHER.

O'SCANNLAIN, Circuit Judge:

We must decide whether a local public housing agency may evict a tenant on the basis of drug-related criminal activity engaged in by a household member on or near the premises regardless of whether the tenant was personally aware of such activity.

I

Established in 1937, the first public housing program was intended to assist states and localities in providing...

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