Hickman et al v. Spirit of Athens Alabama Inc
| Dana Hickman and Robbin N Hines |
| Spirit of Athens Alabama Inc |
| 5:2016cv01595 |
| September 28, 2016 |
| US District Court for the Northern District of Alabama |
| Northeastern Office |
| Limestone |
| Madeline Hughes Haikala |
| False Claims Act |
| 31 U.S.C. ยง 3729 |
| Plaintiff |
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Filing
36
MEMORANDUM OPINION - Had Ms. Hickman or Ms. Hines alleged that Spirit of Athens somehow submitted false information to an entity to apply for TVA funds, the record establishes that TVA in-lieu-of-taxes funds are funds that the TVA must pay to the Sta te of Alabama, and the Alabama Legislature determines the manner in which the funds are distributed within the State of Alabama. If there were an application for funds, the application would have to be made to the State of Alabama. Thus, the conduct in this case is even further removed from the field of operation of the FCA than the conduct at issue in McCrary. Accordingly, as a matter of law, Ms. Hickman and Ms. Hines cannot demonstrate that they engaged in protected conduct under the FCA such that they can establish a prima facie case of retaliation. Although the allegations surrounding Spirit of Athenss financial operations are serious, and Ms. Hickman and Ms. Hines may have lost their jobs because they were on the brink of exposing frau dulent or illegal conduct, that misconduct does not fall within the scope of the FCAs prohibition on the submission of a false claim as a means of obtaining federal funds. For the reasons stated above, the Court grants Spirit of Athenss motion for summary judgment. The Court will enter a separate order closing the case. Signed by Judge Madeline Hughes Haikala on 2/22/2019. (KEK)
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