Legal Opinion

Samuel H. Peeler v. Margaret Heckler, Secretary, Department of Health & Human Services

Court of Appeals for the Eighth Circuit

Decided January 14, 1986No. 85-1054PublishedCited by 33 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

Samuel Peeler brought this suit in the United States District Court for the Eastern District of Missouri challenging the defendant’s suspension of his social-security disability benefits. He asserted that the statute under which the defendant acted is an unconstitutional ex post facto law and also resisted the defendant’s efforts to force repayment of benefits which the plaintiff had already received. The District Court dismissed the complaint, from which order the plaintiff now appeals. We affirm as to the constitutionality of the statute but reverse and remand for…

2Cases cited5 opinions

  1. Flemming v. NestorSupreme Court of the United States · 1960
  2. Ex Parte GarlandSupreme Court of the United States · 1867
  3. De Veau v. BraistedSupreme Court of the United States · 1960
  4. Herbert O. JENSEN, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
  5. Cucuzzella v. WeinbergerDistrict Court, D. Delaware · 1975

3Cited by33 opinions

  1. Russell v. EavesDistrict Court, E.D. Missouri · 1989
  2. Tom Wiley v. Otis R. Bowen, Secretary, H.H.SCourt of Appeals for the D.C. Circuit · 1987
  3. Burns v. StateSupreme Court of Arkansas · 1990
  4. Davis v. BowenCourt of Appeals for the Fourth Circuit · 1987
  5. Neal v. ShimodaDistrict Court, D. Hawaii · 1995

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