United States Fifth Circuit

The scheme of the Administrative Procedure Act and 28 U.S.C. section 217(g) do not give a bicyclist or pedestrian, here opposed to a federally funded highway program, a private cause of action on which to sue the U.S. Secretary of Transportation, a Texas transit authority, and the city of Houston, and pendant jurisdiction of appellant's state claims was therefore lacking.

Appellate Information

• Decided 05/08/2002
• Published 05/08/2002

Judges

• WIENER, Circuit Judge:, Before WIENER and DENNIS, Circuit Judges, and LITTLE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David B. Dickinson,Lundeen & Arismendi, Houston, TX, for Plaintiff-Appellant., Gordon Speights Young and Keith Orlando Edward Wyatt, Asst. U.S. Attys., Houston, TX, for Mineta., Frederick Dixon Junkin, Andrews & Kurth Mayor, Day, Caldwell & Keeton, Houston, TX, for Metropolitan Transit Authority of Harris County, TX., Laura Jean Beckman, The City of Houston Legal Dept., Houston, TX, for City of Houston.