David Carlson, D/B/A Liberty Supermarket v. United States

CUDAHY, Circuit Judge.

This case centers on a decision by the United States Department of Agriculture (the “Department”) to disqualify the plaintiff’s store from participation in the Food Stamp Program for a period of five years. Plaintiff argues that this action was arbitrary and capricious because it was inconsistent with the applicable federal regulatory scheme. The district court, although ' it characterized the penalty as “harsh,” nonetheless concluded that the Department’s action was neither arbitrary nor capricious. We agree with the district court on both accounts, and we affirm.

I

David…