Marceau

Marceau v. Blackfeet Housing

Good Law
United States Court of Appeals for the Ninth CircuitAugust 21, 200804-35210California12,383 words

Opinion

Opinion

facts to state claims against HUD under the Administrative Procedure Act (“APA”). We readopt our earlier opinion1 with respect to Plaintiff’s breach of contract claims. Accordingly, we affirm the district court’s dismissal of the case except as to Plaintiffs’ claims against the Housing Authority and its board members and Plaintiffs’ claims under the APA. As to those claims, we reverse and remand for further proceedings. 1 Marceau v. Blackfeet Hous. Auth. (Marceau I), 455 F.3d 974 (9th Cir. 2006). MARCEAU v. BLACKFEET HOUSING AUTH. 11399

FACTUAL AND PROCEDURAL BACKGROUND

Because the district court dismissed the complaint for fail- ure to state a claim, we construe the facts from Plaintiffs’ complaint, which we must deem to be true, in the light most favorable to them. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir. 1996). But we “need not assume the truth of legal conclusions cast in the form of factual allega- tions.” United States ex rel. Chunie v. Ringrose, 788 F.2d 638, 643 n.2 (9th Cir. 1986).

The Blackfeet Tribe is a federally recognized Indian tribe. In January 1977, the Tribe established a separate entity, the Blackfeet Housing…

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