United States v. Hawaii Pacific Health Group Plan for Employees of Hawaii Pacific Health
Opinion of the Court
MEMORANDUM
James Lockyer, as relator for the United States and the State of Hawaii and in his individual capacity, appeals the district court’s summary judgment on counts one and three of Lockyer’s qui tam complaint against his former employer and related parties for alleged violations of the federal False Claims Act (“FCA”) and related state laws. We affirm.
As to count three, Lockyer has failed to raise a genuine issue of material fact as to whether he engaged in protected conduct and that the defendants knew of that fact; both are necessaiy to support liability under the FCA’s retaliation provision, 31 U.S.C. § 3730(h). Here, even if Lockyer were acting in the belief that the defendants had committed fraud against the government, there is no evidence that the defendants were aware that he had engaged in protected conduct. See United States ex rel Hopper v. Anton, 91 F.3d 1261, 1269 (9th Cir. 1996) (“the employer must have known”). In fact, Lockyer and his attorneys had expressly represented to the defendants that their records request was related only to Lockyer’s compensation; they “never gave any indication [he] was investigating the [defendants] for defrauding the federal government.” Id. at 1270.
Although counts one and three of Lock-yer’s qui tam complaint also allege violations of the Hawaii law, no state law issues were raised in the briefs. Our analysis of the federal claims is therefore sufficient for the disposition of this appeal.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, ex rel. James LOCKYER, State of Hawaii, ex rel. James Lockyer James Lockyer, in his own behalf, Plaintiffs—Appellants v. HAWAII PACIFIC HEALTH GROUP PLAN FOR EMPLOYEES OF HAWAII PACIFIC HEALTH Kauai Medical Clinic Wilcox Memorial Hospital Wilcox Health System William A. Evslin, aka Lee A. Evslin, Defendants—Appellees
- Status
- Published