Sameena Inc. v. United States Air Force

This case arises from a contractor’s alleged attempts to defraud the government and the government’s efforts to bar the contractor from bidding on future government projects. The appellants bring civil rights and common-law tort claims against a number of individual employees of the United States Air Force (the “Air Force”) and argue that the Air Force’s decision to debar them for a period of fifteen years was arbitrary and capricious, in violation of the Administrative Procedure Act (“APA”), codified in pertinent part at 5 U.S.C. § 704 . The district court dismissed the claims against the individual defendants and granted summary judgment in favor of the Air Force on the APA claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Although we affirm the dismissal of the claims against the individual defendants, we reverse the district court’s summary judgment because we conclude that the Department of the Air Force (the “Air Force”) violated the appellants’ constitutional right to due process when it denied them an eviden-tiary hearing, as required by 48 C.F.R. § 9.406-3 (b)(2).

FACTUAL AND PROCEDURAL BACKGROUND

In February 1992, the Social Security Administration (“SSA”)…