Guertin v. United States

JOHN M. WALKER, JR., Circuit Judge:

This appeal arises out of the refusal by the United States Department of Housing and Urban Development (“HUD”) to authorize reimbursement of the defense costs of plaintiff Richard Guertin, who in 2004 was Corporation Counsel for the City of Middletown, New York. Guertin incurred these costs successfully defending criminal charges stemming from a series of transactions that involved Middletown’s use of funds it received from HUD. Invoking the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (the “APA”), and his Due Process and Equal Protection Rights under…