Palmiter v. Action, Inc.

733 F.2d 1244
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 9, 1984
DocketNo. 82-2708
StatusPublished
Cited by22 cases

This text of 733 F.2d 1244 (Palmiter v. Action, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmiter v. Action, Inc., 733 F.2d 1244 (7th Cir. 1984).

Opinion

CUMMINGS, Chief Judge.

This is an appeal from an order of the United States District Court for the Northern District of Indiana dismissing Ivel Pal-miter’s post-judgment garnishment proceeding against Action, Inc., an Indiana non-profit community service organization substantially funded by direct and indirect federal grants.1 Originally Palmiter main[1246]*1246tained an Indiana state court personal injury suit against Action after his leg was crushed by a car driven by an Action employee. Because Palmiter recovered only a small part of his $209,000 judgment award from the employee’s insurance company, he initiated the garnishment proceeding in Indiana state court seeking to attach twelve Action bank accounts.2 Pursuant to 28 U.S.C. §§ 1442(a)(1) and 1446(e), the United States, although not named by Palmiter as a party, filed a petition for removal to the district court, alleging that it was the real party in interest to the extent that the proceedings were “directed at garnishing, attaching or freezing the federal Headstart funds” in Action’s bank accounts (Pet. for Removal H 5). Subsequently, District Judge Allen Sharp granted the separate motions of the Secretary of the United States Department of Health and Human Services (“HHS”) and of the State of Indiana ex rel. the Indiana Office of Community Services Administration (“IOCSA”)3 to intervene as a matter of right pursuant to Fed.R.Civ.P. 24(a). After a hearing on the merits, Judge Sharp dismissed Palmiter’s claim because substantially all the funds which Palmiter sought to attach were the property of the federal government and therefore immune from garnishment or attachment. 548 F.Supp. 1166. Judge Sharp also determined that because all the funds were federal, it was irrelevant to the result that Action had commingled its direct and indirect federal grant monies. The United states held an equitable lien on all the funds, since both types of grants were conditioned on the use of the funds for specific statutorily-mandated purposes, This lien gave rise to a trust relationship between Action and the federal government. Any burden on the federal government as lienholder to identify or trace its funds was satisfied because it had “trace[d] those trust funds into an identifiable mass of commingled funds * * * and Action’s 12 accounts with the garnishee-defendant Bank so constitute such a specific mass of funds.” Id. at 1172. Furthermore, the court noted that Palmiter had not me^ his burden as a judgment creditor un^er Indiana law to show affirmatively that the bank accounts he sought to garnish were subject to execution. Id.

On appeal, Palmiter does not challenge the district court’s finding that virtually all the funds in Action’s bank accounts were federal funds. He also concedes that the $21,074.04 general fund account {supra note 2) which has been identified as con-taming only federal direct grant Headstart funds is immune from attachment (Br. 12).

With regard to the $193,957.96 in Action’s remaining frozen accounts (see supra note 2), Palmiter raises several claims, but they are reducible to only two significant arguments supporting his position that he may attach them. First, he insists that despite their federal origins the funds are now Action’s property because Action received them from Indiana pursuant to reimbursement contracts. Second, he continues to raise his district court argument [1247]*1247that even if these remaining accounts contain direct grant money, the United States cannot maintain an equitable lien for these funds, because it has failed to meet the burden imposed on the holder of such a lien to identify the specific dollars in the commingled accounts which were received by Action under direct grant programs or owed by Action to those programs.

I

A

It is well settled that federal monies are not subject to garnishment proceedings until they have been paid out for the purposes for which they were appropriated. In Buchanan v. Alexander, 45 U.S. (4 How.) 20, 11 L.Ed. 857, the Supreme Court explained its rationale and stated the rule:

The funds of the government are specifically appropriated to certain national objects, and if such appropriations may be diverted and defeated by State process or otherwise, the functions of the government may be suspended. So long as money remains in the hands of a disbursing officer, it is as much the money of the United States as if it had not been drawn from the treasury. Until paid over by the agency of the government to the person entitled to it, the fund cannot, in any legal sense, be considered a part of his effects.

45 U.S. at 20-21. While it is true that Action is not a federal agency, any contention that this in itself makes the funds in Action’s accounts garnishable is meritless.

As the district court noted, Action is “only one link in the bureaucratic chain necessary to move funds from the United States Treasury to local communities” pursuant to the intricate grant system developed by Congress. 548 F.Supp. at 1168. Even though Action is not a federal agency, its management of the federal funds it received nevertheless was governed by pervasive federal legislation and regulations which specified the purposes for which the funds could be used. For instance, its authority to make expenditures under the direct grant program was delineated under Congressional legislation and regulations of the Headstart Program (42 U.S.C. §§ 9831-9852; 45 C.F.R. §§ 1301-1305), the Energy Crisis Intervention Program (42 U.S.C. § 2809(a)(5), repealed by 95 Stat. 519; 45 C.F.R. Subparts 1061.30, 1061.31, 1061.51 and Parts 1050, 1060, 1067-1069), and the Community Action Program (42 U.S.C. § 2808(a), repealed by 95 Stat. 519; 45 C.F.R. Parts 1050, 1060, 1067-1069). Similarly, Action’s authority to make expenditures under its indirect grant programs was spelled out under the federal legislation establishing the Community Services Block Grant program (42 U.S.C. §§ 9901-9912) and the Energy Conservation and Production Act (42 U.S.C. §§ 6851-6892).4

This pervasive federal supervision of Action’s expenditures of grant funds makes Action similar to the Mississippi Action for Progress (“MAP”), a Mississippi non-profit organization which received federal funds under the Headstart Program. The Fifth Circuit refused to allow the garnishment of funds in MAP bank accounts to satisfy a state court judgment, deciding that the United States had an equitable, reversionary interest in those funds, at least to the extent that the funds were not paid out “for the narrow purposes specified in the Act and regulations.” Henry v. First National Bank of Clarksdale,

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733 F.2d 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmiter-v-action-inc-ca7-1984.