DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1437d

Citation
Section 1437d
Parent Document
Rucker v. Davis, 237 F.3d 1113 (2001)
Effective Date
2001-01-24
Original Source
https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

Other Sections in This Document (190)

Full Text

591 chars 
Moreover, evictions in these circumstances are not punitive. They are remedial. A civil sanction is punitive when it serves “either retributive or deterrent purposes.” Austin, 509 U.S. at 610, 113 S.Ct. 2801. Eviction serves the classic purpose of a contractual remedy — it returns the parties to “as good a position as that occupied ... before the contract was made.” Corbin on Contracts § 996. The remedy of eviction alone is not punitive. Therefore, the Eighth Amendment prohibition of excessive fines is inapplicable in this case. IV. The ADA Does Not Prevent the Eviction of Mr. Walker.