Supreme Court of the United States · Official docket →
Fort Peck Housing Authority, et al. v. Department of Housing and Urban Development, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 14-1407, 15-1060 · judgment December 22, 2017
Before the decision, about 2.8× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Whether an action for the restoration of grant in aid funds illegally recouped by the United States constitutes a suit for specific relief such that the United States’ sovereign immunity is waived pursuant to the Administrative Procedure Act, 5 U.S.C. § 702, or whether it is a suit for money damages, barring relief in the federal district courts.
Counsel of record
For petitioner
John Fredericks III
Fredericks Peebles & Morgan LLP
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
- Aug 15 2018Reply of petitioners Fort Peck Housing Authority, et al. filed. (Distributed)
- Jul 25 2018DISTRIBUTED for Conference of 9/24/2018.
- Jul 11 2018Brief of respondents Department of Housing and Urban Development, et al. in opposition filed.
- May 22 2018Motion to extend the time to file a response from May 29, 2018 to July 11, 2018, submitted to The Clerk.
- May 22 2018Motion to extend the time to file a response is granted and the time is further extended to and including July 11, 2018.
- Apr 18 2018Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2018.
- Apr 17 2018Motion to extend the time to file a response from April 26, 2018 to May 29, 2018, submitted to The Clerk.
- Mar 22 2018Petition for a writ of certiorari filed. (Response due April 26, 2018)