DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
003899P.pdf 10/19/2001 USA, etc. v. Gary Gesaman
U.S. Court of Appeals Case No: 00-3899
Southern District of Iowa
Civil Case - False Claims Act. A qui tam relator brought a claim
under the Federal Claims Act against state agency director in his
official capacity for approving Medicare funding for ineligible
people. Under Supreme Court's decision in Vermont Agency of
Natural Res. v. United States ex rel. Stevens, district court
properly dismissed action because suit against director in his
official capacity is suit against state. District court did not err in
refusing to allow amendment of complaint to assert individual
capacity claim. Judge J. Gibson dissents.