Johnson v. Becerra et al.
Stacey Johnson, a family nurse practitioner, received a $50,000 loan repayment grant from the Department of Health and Human Services. Johnson was unable to fulfill the terms of the grant without either violating the law and medical ethics or leaving her longtime home in Great Falls, Montana, where she is raising her family. Thus, she tried to return the full $50,000 scholarship only ten days after it was transferred to her account. In response, the Government intends to levy a punitive fine of greater than treble damages—3.6 times the grant principal itself.
Johnson seeks review under the federal Administrative Procedure Act, arguing that the fine is unauthorized by statute and violates the U.S. Constitution's Excessive Fines Clause.
Filings / Press
Plaintiff's Motion to Stay Final Agency Decision, or in the Alternative, for a Preliminary Injunction (August 19, 2022)
Plaintiff's Brief in Support (August 19, 2022)
Defendant's Brief in Opposition (September 2, 2022)
Plaintiff's Reply in Support (September 15, 2022)
Order Denying Preliminary Injunction (November 14, 2022)
Plaintiff's Motion for Summary Judgment (December 16, 2022)
Plaintiff's Brief in Support (December 16, 2022)
Defendant's Brief in Opposition (January 17, 2023)
Plaintiff's Reply in Support (February 16, 2023)
Defendant's Cross Motion for Summary Judgment (January 17, 2022)
Defendant's Brief in Support (January 17, 2023)
Plaintiff's Brief in Opposition (February 16, 2023)
Defendant's Reply in Support (March 2, 2023)
Oral argument scheduled for March 22, 2023