DC Circuit: Not everything false is a false claim (prisoner case)

by bvernia | September 11th, 2009

Serving a long prison sentence tends to broaden one’s view of certain federal statutes, I guess. The number of purported FCA cases brought by prisoners, however, makes me wonder whether there isn’t some Big House network that gives prisoners the idea of using the FCA against prison officials.

The DC Circuit affirmed the dismissal of just such a case last week, in Lemusu v. Dept. of Justice, 2009 WL 2873907 (D.C. Cir. Sept. 3 2009). The pro se plaintiff was a federal prisoner, who alleged that prison officials falsified documents to justify placing him in a Special Housing Unit.

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