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Constitutional Law Keyed to Choper
Vermont Agency of Natural Resources v. United States ex rel. Stevens
Citation:
529 U.S. 765 (2000)Facts
Jonathan Stevens, a former employee of the Vermont Agency of Natural Resources, brought a qui tam action under the False Claims Act against the agency. He alleged that the agency had submitted false claims to the Environmental Protection Agency in connection with various federal grant programs by overstating the amount of time spent by its employees on federally funded projects, thereby inducing the government to disburse more grant money than the agency was entitled to receive. The United States declined to intervene in the action. The Vermont Agency moved to dismiss, arguing that a state agency is not a “person” subject to liability under the FCA and that a qui tam action against a state in federal court is barred by the Eleventh Amendment. The District Court denied the motion, and the Second Circuit affirmed.
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