History
  • No items yet
midpage
BAUTISTA v. United States
1:24-cv-01511
| Fed. Cl. | Dec 10, 2024
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: BAUTISTA v. United States
Court Name: United States Court of Federal Claims
Date Published: Dec 10, 2024
Docket Number: 1:24-cv-01511
Court Abbreviation: Fed. Cl.