RUCKER v. DAVIS

Nos. 98-16322, 98-16542.

237 F.3d 1113 (2001)

Pearlie RUCKER; Herman Walker; Willie Lee; Barbara Hill, Plaintiffs-Appellees, v. Harold DAVIS; Oakland Housing Authority, Defendants, and United States 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 United States Department of Housing and Urban Development, Defendant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted September 19, 2000.

Opinion filed February 14, 2000.

Rehearing Granted and Opinion Withdrawn August 18, 2000.

Filed January 24, 2001.


Attorney(s) appearing for the Case

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

Howard S. Scher, U.S. Department of Justice, Civil Division, Washington, D.C., for defendant-appellant U.S. Department of Housing and Urban Development.

Whitty Somvichian, Paul Renne, Cooley Godward LLP, San Francisco, California, Ira Jacobowitz, Oakland, California, Anne Tamiko Omura, Collective Legal Services — The Eviction Defense Center, Oakland, California, William Simpich, Mathew Siegel, Oakland, California, Robert Salinas, Sundeen and Salinas, Oakland, California, John Murcko, Oakland, California, for the plaintiffs-appellees.

Before: Joseph T. Sneed, Mary M. Schroeder, Harry Pregerson, Stephen Reinhardt, Ferdinand F. Fernandez, Thomas G. Nelson, Michael Daly Hawkins, Barry G. Silverman, M. Margaret McKeown, Ronald M. Gould, and Richard A. Paez, Circuit Judges.


Argued and Submitted March 12, 1999 — San Francisco, California.

Argued and Submitted En Banc September 19, 2000 — San Francisco, California.

Rehearing En Banc Granted and Opinion Withdrawn August 18, 2000.

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge SNEED.

MICHAEL DALY HAWKINS, Circuit Judge:

Many of our nation's poor live in public housing projects that, by many accounts, are little more than illegal drug...

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