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

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The district court erred, however, because the OHA did not seek to evict Mr. Walker based solely on the drug-related criminal activity of his caretaker. Whether there is a “reasonable accommodation” that would permit Mr. Walker to engage the services of a drug-using caretaker without risk of eviction was not presented by the facts of this case. Consequently, although the district court applied the appropriate standard to a request for preliminary relief, it “misapprehend[ed] the law with respect to the underlying issues in litigation.” Sports Form, Inc. v. United Press Int’l, Inc., 686 F.2d 750, 752 (1982). This constitutes reversible legal error.