BAUTISTA v. United States
1:24-cv-01511
| Fed. Cl. | Dec 10, 2024Background
- Robert Allen Bautista, proceeding pro se, filed a complaint in the U.S. Court of Federal Claims after his application for a diplomatic passport was denied; he was instead issued a regular U.S. passport.
- Bautista claimed this denial violated various statutes, regulations, and the Constitution.
- He sought court orders compelling the government to issue him a diplomatic passport, remove his personal information from federal databases, and pay him $250 million and 250 units of gold.
- The court reviewed the complaint sua sponte and questioned its jurisdiction under the Tucker Act via an order to show cause.
- Bautista failed to identify any statute or regulation that mandates money damages for the wrongs he alleged, nor any contractual obligation with the United States.
- The court concluded it lacked subject-matter jurisdiction and dismissed the case under Rule 12(h)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under the Tucker Act | Tucker Act allows claims for violations including passport denial | No money-mandating law cited | No jurisdiction; Tucker Act alone insufficient |
| Existence of a contract via passport application | Passport application creates contract with U.S. | No contract exists in passport apps | No contract; application not contractually binding |
| Right to return of application fees/assets | Denied application entitles him to refund of fees/assets | No law mandates refund | No legal basis for returning fees/assets |
| Qualifying as money-mandating source of law | General invocation of violations of federal law | Needs specific money-mandating law | No specific money-mandating law cited; dismissed |
Key Cases Cited
- United States v. Testan, 424 U.S. 392 (no substantive right to money damages under Tucker Act unless statute mandates such damages)
- Fisher v. United States, 402 F.3d 1167 (plaintiff must identify a money-mandating source of law)
- Chattler v. United States, 632 F.3d 1324 (passport applications are not contracts)
