MODOC LASSEN INDIAN HOUS. v. U.S. DEPT. OF HOUSING

Nos. 14-1313, 14-1331, 14-1338, 14-1340, 14-1343, 14-1407, No. 14-1484, No. 15-1060.

864 F.3d 1212 (2017)

MODOC LASSEN INDIAN HOUSING AUTHORITY, the tribally designated housing entity for the Grindstone Indian Rancheria of Wintun-Wailaki Indians of California, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, General Deputy Assistant Secretary for Public and Indian Housing; Glenda Green, Director, Office of Grants Management, Office of Native American Programs, Defendants-Appellants. Tlingit-Haida Regional Housing Authority, Plaintiff-Appellee, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, General Deputy Assistant Secretary for Public and Indian Housing; Glenda Green, Director, Office of Grants Management, Office of Native American Programs, Defendants-Appellants. Choctaw Nation of Oklahoma; Housing Authority of the Choctaw Nation of Oklahoma, Plaintiffs-Appellees/Cross-Appellants, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, General Deputy Assistant Secretary for Public and Indian Housing; Glenda Green, Director, Office of Grants Management, Office of Native American Programs, Defendants-Appellants/Cross-Appellees. Navajo Housing Authority, Plaintiff-Appellee, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, General Deputy Assistant Secretary for Public and Indian Housing, Glenda Green, Director, Office of Grants Management, Office of Native American Programs, Defendants-Appellants. Fort Peck Housing Authority, Plaintiff-Appellee, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Jemine A. Bryon, Acting Assistant Secretary for Public and Indian Housing, Defendants-Appellants. Sicangu Wicoti Awanyakapi Corporation; Oglala Sioux (Lakota) Housing; Turtle Mountain Housing Authority; Winnebago Housing and Development Commission; Lower Brule Housing Authority; Spirit Lake Housing Corporation; Trenton Indian Housing Authority, Plaintiffs-Appellees, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, General Deputy Assistant Secretary for Public and Indian Housing; Glenda Green, Director, Office of Grants Management, Office of Native American Programs, Defendants-Appellants. Blackfeet Housing; The Zuni Tribe; Isleta Pueblo Housing Authority; Pueblo of Acoma Housing Authority; Association of Village Council Presidents Regional Housing Authority; Northwest Inupiat Housing Authority; Bristol Bay Housing Authority; Aleutian Housing Authority; Chippewa Cree Housing Authority; Big Pine Paiute Tribe, Plaintiffs-Appellees, v. United States Department of Housing and Urban Development; Ben Carson, Secretary of Housing and Urban Development; Deborah A. Hernandez, Assistant Secretary for Public and Indian Housing; Glenda Green, HUD's Office of Grants Management, National Office of Native American Programs, Department of Housing and Urban Development, Office of Public and Indian Housing, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 25, 2017.


Attorney(s) appearing for the Case

Gerard Sinzdak , Attorney, Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C. ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, John F. Walsh , United States Attorney, and Michael S. Raab , Attorney, Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C., with him on the briefs), for Defendants-Appellants.

Craig H. Kaufman , Quarles & Brady, LLP, Tucson, Arizona, Jonathan K. Tillinghast , Simpson, Tillinghast, Sorensen & Sheehan, Juneau, Alaska, and John Fredericks, III , Fredericks Peebles & Morgan LLP, Mandan, North Dakota ( David J. Rapport , Rapport and Marston Law Offices, Ukiah, California; Louis W. Bullock and Patricia Whittaker Bullock , Bullock Law Firm, Tulsa, Oklahoma; J. Frank Wolf, III , Rabon Wolf & Rabon, Hugo, Oklahoma; David V. Heisterkamp, II , Amber Leigh Hunter , and James F. Wagenlander , Wagenlander & Heisterkamp, Denver, Colorado; Blain David Myhre , Blain Myhre LLC, Englewood, Colorado; Peter J. Breuer , Fredericks Peebles & Morgan LLP, Louisville, Colorado, with them on the brief), for Plaintiffs-Appellees.

Before MATHESON, BACHARACH, and MORITZ, Circuit Judges.


These consolidated appeals arise from a government agency's decision to recapture, via administrative offset, funds that the agency allegedly overpaid to multiple grant recipients. The grant recipients brought suit in federal court, arguing in relevant part that the agency lacked authority to recapture the funds without first...

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