Professional Documents
Culture Documents
No. 13-2342
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:13-cv-00585-GBL-JFA)
Argued:
Decided:
False
Claims
Acts
whistleblower
provision
prohibits
31 U.S.C. 3730(h).
Plaintiffs
Id.
States ex rel. Omar Badr v. Triple Canopy, Inc., 775 F.3d 628
(4th Cir. 2015), we agree and conclude that the district court
erred in dismissing the Youngs suit for failure to state a
claim.
Accordingly, we reverse.
I.
Accepting the facts pled as true, as we must on a motion to
dismiss, CHS had a $61.5 million services agreement with the
U.S. Department of State to provide medical services to nonmilitary
personnel
in
Iraq.
The
contract
required
CHS
to
experienced
Nurses.
nurses,
to
work
as
Id.
3
Medical
Surgery
Registered
expired
medicine.
using
them
was
requirements
with
He
illegal
the
informed
and
Department
his
violated
of
supervisors
CHS
State.
that
contractual
J.A.
100.
By
properly
informed
trained
medical
supervisor
that
personnel.
such
J.A.
shortcomings
100.
were
She
totally
breach
of
qualified staff.
CHSs
contract
for
properly
trained
and
J.A. 100-01.
J.A. 101.
Both of the
J.A. 101.
Young
CHS
told
CHSs
list[ed]
technicians
for
experience.
director
emergency
surgery
Id.
J.A. 104.
of
international
medical
even
though
technicians
they
had
operations
as
no
scrub
surgical
Id.
The Youngs allege that CHS staff began treating them poorly
because
of
their
whistleblowing.
On
December
20,
2011,
the
The
appealed
this
from
time
this
with
prejudice.
dismissal,
which
The
we
Youngs
review
de
timely
novo,
II.
A.
The False Claims Act discourages fraud against the federal
government
knowingly
by
imposing
presents,
fraudulent
claim
3729(a)(1)(A).
liability
or
for
on
any
person
causes
to
be
payment
or
approval.
Central
to
this
who
presented,
a
31
case,
the
which
Congress
false
U.S.C.
False
.
or
Claims
Act
broadened
in
whistleblower
provision,
31 U.S.C.
before
together.
they
have
put
all
the
pieces
of
the
puzzle
survive
motion
to
dismiss,
plaintiffs
bringing
an
& Const., Inc., 167 F.3d 861, 866 (4th Cir. 1999).
Notably,
Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1103 (9th Cir. 2008);
United States ex rel. Williams v. Martin-Baker Aircraft Co., 389
F.3d 1251, 1259-60 (D.C. Cir. 2004). 1
B.
The sole element on which CHS based its motion to dismiss
and on which the district court ostensibly dismissed the case 2 is
the first: the requirement that the Youngs plausibly allege that
they engaged in protected activity.
second
amended
complaint,
we
conclude
that
the
Youngs
have
31 U.S.C. 3730(h).
include
information
before
collecting
the
puzzle.
plaintiff
puts
about
together
Protected activities
possible
all
the
fraud,
pieces
of
even
the
bench.
the
employer,
proof.
or
just
imagines
fraud
but
lacks
United
recently
States
shed
v.
Triple
additional
protected
activity.
government
alleged
light
775
F.3d
that
Canopy,
on
what
628.
In
security
Inc.,
this
might
qualify
Triple
contractor
Court
Canopy,
with
as
the
primary
who
presented
an
airbase
in
were
unable
to
claims
unqualified guards.
to
the
combat
use
zone
their
government
Id. at 632-633.
knowingly
weapons
for
employed
properly
payment
on
yet
those
claim
when
it
alleges
that
the
contractor,
with
the
implied
staffing
Id. at 636.
certifications
Logically, if making
to
the
government
can
activity
for
purposes
of
retaliation
claim.
31
U.S.C.
3730(h).
Our review of the Youngs second amended complaint leads us
to conclude that they have plausibly pled the protected activity
element.
million
contract
with
medical
services
at
obligated
to
the
U.S.
medical
[e]nsure
that
State
Department
facilities
[certain
in
to
Iraq,
personnel]
CHS
are
provide
was
properly
J.A. 99.
operations]
that
Young
CHS
technicians
experience.
told
CHSs
list[ed]
for
management
J.A. 104.
director
emergency
surgery
Id.
CHS
of
though
Sather
is
international
medical
even
at
technicians
they
had
no
operations
as
scrub
surgical
holding
Id.
that
these
allegations
fail
to
state
Importantly, Glynn
of
the
Youngs
protected
activity
allegations.
in
Glynn
predated
Congresss
broadening
of
31
U.S.C.
under,
violations
but
of,
also
the
other
False
efforts
Claims
Act.
to
stop
Finally,
or
more
Glynn
had
By
contrast,
to
here,
we
are
reviewing
decision
on
motion
31 U.S.C. 3730(h).
claim
subject
to
Rule
9(b)s
claim
subject
to
Rule
heightened
pleading
notice
pleadings
III.
For
the
reasons
explained
above,
the
district
courts
11