Haskell v. Department Of Agriculture

930 F.2d 816 (10th Cir. 1991)


P was the sole owner of the Haskell Brothers Grocery. Various other members of the Haskell family, cited in the violations, have been involved in the ownership and operation of the business in the past, including P's father, two sisters, and two brothers. P was approved for participation in the food stamp program in 1978. Due to a history of excessive food stamp redemptions, the store was investigated for possible violations. P was penalized for exchanging food stamps for cash and marijuana. The same problem occurred between October 1986 and January 1987, wherein the co-owners and other store employees engaged in transactions with an investigative aide in which food stamps were exchanged for cash, marijuana, and other noneligible items. D disqualified the store permanently from participation in the food stamp program. P appealed. The district court granted D's motion for summary judgment and denied P's cross-motion for summary judgment and motion to suppress. P appealed; P argues that he was deprived of procedural due process because he was denied an evidentiary hearing.