Justia Government & Administrative Law Opinion Summaries

NRP made preliminary arrangements with the City of Buffalo to build affordable housing on city‐owned land and to finance the project in part with public funds. The project never came to fruition, allegedly because NRP refused to hire a political ally of the mayor. NRP sued the city, the Buffalo Urban Renewal Agency, the mayor, and other officials The district court resolved all of NRP’s claims in favor of defendants. The Second Circuit affirmed. NRP’s civil RICO claim against the city officials is barred by common‐law legislative immunity because the mayor’s refusal to take the final steps necessary to approve the project was discretionary legislative conduct, and NRP’s prima facie case would require a fact-finder to inquire into the motives behind that protected conduct. NRP’s “class of one” Equal Protection claim was properly dismissed because NRP failed to allege in sufficient detail the similarities between NRP’s proposed development and other projects that previously received the city’s approval. NRP’s claim for breach of contract was properly dismissed because the city’s “commitment letter” did not create a binding preliminary contract in conformity with the Buffalo City Charter’s requirements for municipal contracting. NRP fails to state a claim for promissory estoppel under New York law, which requires proof of “manifest injustice.” View "NRP Holdings LLC v. City of Buffalo" on Justia Law

The 2011 Virgin Islands Economic Stability Act (VIESA) sought to reduce government spending by reducing payroll while continuing to provide necessary public services. VIESA offered some of the government’s most expensive employees (with at least 30 years of credited service) $10,000 to chose to retire within three months. Those declining to retire had to contribute an additional 3% of their salary to the Government Employees Retirement System starting at the end of those three months. Two members of the System with over 30 years of credited service who chose not to retire claimed that the 3% charge violated federal and territorial laws protecting workers over the age of 40 from discrimination based on their age. The Third Circuit found the provision valid because it did not target employees because of their age under the Supreme Court’s 1993 decision in Hazen Paper Co. v. Biggin; its focus on credited years of service entitles the government to the Age Discrimination in Employment Act of 1967 (ADEA)’s reasonable-factor-other-than-age defense. The Third Circuit concluded that the Virgin Islands Supreme Court would deem the provision consistent with existing territorial anti-discrimination statutes. View "Bryan v. Government of the Virgin Islands" on Justia Law

Plaintiff Anupama Bekkem filed suit against her employer, the Department of Veterans Affairs, based on numerous instances of discrimination and retaliation she allegedly experienced while working as a primary care physician for the VA in the Oklahoma City area. The district court dismissed some of her claims under Rule 12(b)(6) and granted summary judgment in favor of Defendant on the remaining claims. Plaintiff appealed. Finding no reversible error in the trial court's grant of summary judgment on Plaintiff’s claims of discrimination based on unequal pay and retaliation based on her non-selection for the position as North May clinic medical director, and dismissal of her claim of discrimination based on a reprimand she received, the Tenth Circuit affirmed. However, the Court reversed summary judgment as to Plaintiff's claim of retaliation relating to the reprimand, and remanded that claim for further proceedings at the district court. View "Bekkem v. Wilkie" on Justia Law

Patterson, an African-American male and a longtime Pennsylvania Liquor Control Board (PLCB) employee, arrived at an Eddystone, Pennsylvania PLCB-run store to inquire about the store’s operating condition. Patterson identified himself to the assistant manager as a PLCB maintenance worker and asked whether the store’s electricity and plumbing were in working order or if the store might otherwise need repairs. The assistant manager became “very rude.” Patterson exited the store, entered his state-owned van, reported the assistant manager to his foreman over the phone, then drove toward another PLCB store in Newtown Square. En route, Patterson was stopped by the police and questioned about “robbing” the Eddystone store. An officer informed Patterson that the Eddystone assistant manager had called to report a “black guy” in a “state van” who was trying to “rob her store.” Patterson sued the PLCB, alleging race discrimination and violations of the Fourteenth Amendment’s Equal Protection Clause, 42 U.S.C. 1983. The district court dismissed, finding that the PLCB was entitled to Eleventh Amendment sovereign immunity. The Third Circuit affirmed, employing a three-factor test to determine PLCB’s sovereign immunity status: whether the payment of the judgment would come from the state; what status the entity has under state law; and what degree of autonomy the entity has. View "Patterson v. Pennsylvania Liquor Control Board" on Justia Law

Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued their head coach and the Board of Trustees of the California State University, claiming the coach engaged in race-based discrimination and retaliation: derogatorily referring to them as "the group," reduced their playing time, afforded them fewer opportunities, punished them more severely and generally singled them out for harsher treatment as compared to their non-African-American teammates. The trial court granted both motions for summary judgment filed by the Board, concluding plaintiff Danielle Cooper's claims were untimely and that the remaining plaintiffs could not show a triable issue on the merits. The Court of Appeal reversed summary judgment and directed the court to enter a new order granting summary adjudication on some, but not all, of plaintiffs' claims: plaintiffs cannot sue the Board under 42 United States Code sections 1981 and 1983 because CSUSM was not a "person" subject to suit under those statutes. With regard to the remaining claims brought by the four "freshmen plaintiffs," summary adjudication was improper as to their racial discrimination claims under title VI of the Civil Rights Act of 1964 and the Unruh Civil Rights Act. The Board did not meet its moving burden to show the lack of a triable issue as to whether these plaintiffs suffered a materially adverse action under circumstances suggesting a racially discriminatory motive. For similar reasons, summary adjudication was improper on title VI retaliation claims brought by three of the four freshmen plaintiffs, Lynette Mackey, Kianna Williams, and Sierra Smith: each of these women complained about the coach's discriminatory treatment and indicated how they suffered adverse consequences as a result. The Court reached a different conclusion as to plaintiff Crystal Hicks, who never made a complaint and denied facing any consequences as a result of complaints made by her peers. View "Mackey v. Bd. of Trustees of the Cal. State University" on Justia Law

Plaintiffs challenged California Air Resources Board regulations regarding the first Low Carbon Fuel Standard (LCFS), which went into effect in 2011; the LCFS as amended in 2012; and the LCFS which replaced the first LCFS in 2015. The Ninth Circuit held that plaintiffs' challenges to previous versions of the LCFS have been made moot by their repeal. The panel affirmed the dismissal of plaintiffs' remaining claims against the present version of the LCFS as largely precluded by the panel's decision in Rocky Mountain Farmers Union v. Corey, 730 F.3d 1070 (9th Cir. 2013). The panel also held that plaintiffs' extraterritoriality claims against the 2015 LCFS were precluded by the law of the case and by recent circuit precedent in Am. Fuel & Petrochemical Mfrs. v. O'Keeffe, 903 F.3d 903 (9th Cir. 2018). Finally, the LCFS did not facially discriminate against interstate commerce in its treatment of ethanol and crude oil, and did not purposefully discriminate against out-of-state ethanol. View "Rocky Mountain Farmers Union v. Corey" on Justia Law

Provider Plaintiffs and Individual Plaintiffs filed suit seeking a preliminary injunction against the OIG's decision to terminate the Medicaid provider agreements to Planned Parenthood affiliates throughout the state. The district court held that the Individual Plaintiffs possessed a private right of action under the "qualified-provider" provision of the Medicaid Act and issued a preliminary injunction.The Fifth Circuit held that the district court erred in evaluating the evidence de novo, rather than under the arbitrary and capricious standard, and in applying the reasoning in Planned Parenthood Gulf Coast v. Gee, 862 F.3d 445 (5th Cir. 2017), to its determination of a "qualified" provider in this context. Therefore, the district court erred legally and plaintiffs were unlikely to show a likelihood of success on the merits of their claim. Accordingly, the court vacated the preliminary injunction and remanded for the district court to limit its review to the agency record under an arbitrary-and-capricious standard. View "Planned Parenthood of Greater Texas Family Planning and Preventative Health Services v. Smith" on Justia Law

In 1998, Do a government employee since 1990, was hired by HUD’s Information Systems Audit Division. She became Division Director. In 2006, Asuncion, then working as a Justice Department auditor, applied for a GS-11 position in Do’s Division. On her resume and Questionnaire, Asuncion claimed she had a college degree in accounting. A pre-employment investigation revealed that Asuncion did not have that degree. Asuncion explained that she had completed the required coursework but needed to take one additional course to raise her GPA. Asuncion claimed good-faith mistake and promised to secure her degree. After conferring with her supervisor, Do approved Asuncion’s hiring. Asuncion was eventually promoted. In 2009, Do posted two GS-14 auditor positions. Human resources flagged Asuncion “as a qualified candidate.” Do selected Asuncion, knowing that Asuncion still did not have an accounting degree. Do later was advised that Asuncion could continue as an auditor but must obtain her degree. Asuncion resigned in 2016. HUD demoted Do to Nonsupervisory Senior Auditor and suspended her for 14 days. The Federal Circuit reversed. Do’s due process rights were violated; the Board relied on a new ground to sustain the discipline. Do's notice alleged a single charge of “negligence of duty” in hiring and promoting Asuncion. The Board’s decision concluded that Do negligently failed to investigate whether Asuncion met alternative requirements. That alternative theory appears nowhere in the notice or in the deciding official’s decision. View "Do v. Department of Housing and Urban Development" on Justia Law

The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground water wells, holding that LLNRD had authority to impose a suspension of ground water access for noncompliance with LLNRD’s annual reporting requirements.Specifically, the Court held (1) the district court did not err in determining that LLNRD had authority to impose a suspension of ground water access for noncompliance with reporting requirements; (2) Appellant’s due process rights were not violated in the proceedings before the Board; (3) Appellant was not denied the possibility of competent judicial review; (4) the suspension of Appellant’s ground water access was not a taking without just compensation; (5) the district court did not err in declining to supplement LLNRD’s record and receive exhibits 4 and 5; (6) Appellant was not entitled to attorney fees because he was not the prevailing party; and (7) the district court did not err in its modification of the duration of Appellant’s penalty. View "Prokop v. Lower Loup Natural Resources District" on Justia Law

Plaintiffs filed a class action against the State of Missouri and others, alleging that the state failed to meet its constitutional obligation to provide indigent defendants with meaningful representation. The Eighth Circuit reversed the district court's denial of the State and the governor's motion to dismiss based on sovereign immunity and legislative immunity.The court held that the Missouri Supreme Court would apply long-established principles to cases involving prospective equitable relief and hold that the state was immune; neither the statute nor the Missouri Constitution's general-enforcement provision make the governor an Ex parte Young defendant; to the extent plaintiffs claim that the governor's general enforcement authority and appointment authority were non-legislative acts that lead to a constitutional violation, the governor was subject to sovereign immunity for those acts because they did not satisfy Ex parte Young; and even if the governor's appropriation-reduction authority was not shielded by sovereign immunity through Ex parte Young, legislative immunity, a separate defense, foreclosed suit against the governor. View "Church v. Missouri" on Justia Law