95 Cal. Daily Op. Serv. 7463, 95 Daily Journal D.A.R. 12,799 Maria O'Neal v. City of Seattle Norman Rice, Mayor of the City of Seattle Robert Groncznack, Director of the Seattle Water Department

66 F.3d 1064 95 Cal. Daily Op. Serv. 7463 , 95 Daily Journal D.A.R. 12,799 Maria O'NEAL, Plaintiff-Appellee, v. CITY OF SEATTLE; Norman Rice, Mayor of the City of Seattle; Robert Groncznack, Director of the Seattle Water Department, Defendants-Appellants. Nos. 94-35984, 95-35100. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 25, 1995. Decided Sept. 25, 1995. Brian Faller, Assistant City Attorney, Seattle, WA, for defendants-appellants. Janet M. Helson and David B. Girard, Evergreen Legal Services, Seattle, WA, for plaintiff-appellee. Appeals from the United States District Court for the Western District of Washington. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. OPINION BEEZER, Circuit Judge: 1 In an action brought pursuant to 42 U.S.C. Sec. 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. 2 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…