O'Neal

In an action brought pursuant to 42 U.S.C. § 1983 , we consider whether the City of Seattle’s refusal to provide water service to the new tenant of a residence based on a prior tenant’s unpaid water bill is constitutionally permissible.

The City of Seattle (the “City”) appeals the district court’s grant of partial summary judgment in favor of Maria O’Neal and the issuance of a permanent injunction. The City also challenges the district court’s order awarding attorney fees to O’Neal. We have jurisdiction and affirm in part, reverse in part and remand.

I

Maria O’Neal rented a single family residence located in the City of Seattle. The former tenants failed to pay their water bill. The City, in compliance with its notification *1066 procedures, shut off the water at the premises. After the City terminated water service, however, water was illegally restored to the premises by someone other than O’Neal and without her knowledge. When O’Neal occupied the premises, water was available.

After moving into the premises, O’Neal called the City to request that a new water account be opened in her name. A representative of the water department informed O’Neal that the account…