Brooker v. United States
107 Fed. Cl. 52
Fed. Cl.2012Background
- Plaintiffs filed this case pro se on September 14, 2012 seeking relief in the United States Court of Federal Claims.
- The court construes two parts of the filing (Part One and Part Two) as a single complaint by six named plaintiffs.
- The complaint is largely incoherent, contains numerous copies of documents marked as evidence, and resembles prior dismissed filings in other courts.
- The court has repeatedly dismissed similar actions for lack of jurisdiction and noted pattern of bad-faith filings by plaintiffs.
- The court sua sponte dismisses for lack of subject matter jurisdiction and imposes sanctions under the court’s inherent power.
- The Office of the Clerk is instructed to refer unfiled future filings by any plaintiff to a judge for determination of bad-faith indicia and potential rejection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject matter jurisdiction exists? | Brooker/Brooker claim jurisdiction under unspecified basis | No jurisdictional basis identified nor United States party named | Lack of subject matter jurisdiction; dismissal warranted |
| Transfer to another court appropriate? | Not explicitly argued; plaintiffs seek relief in CF Claims Court | Transfer unnecessary due to pattern of bad-faith filings | Transfer not appropriate; dismissal remains proper |
| Sanctions appropriate? | Not clearly disputed | Court may sanction for bad-faith conduct | Sanctions warranted under the court’s inherent power; dismissal affirmed |
Key Cases Cited
- Chambers v. NASCO, Inc., 501 U.S. 32 (1991) (inherent power to sanction for bad-faith conduct; broad but restrained discretion)
- Reynolds v. Army & Air Force Exchange Serv., 846 F.2d 746 (Fed. Cir. 1988) (subject-matter jurisdiction burden and preponderance standard)
- McNutt v. General Motors Acceptance Corp. of Ind., 298 U.S. 178 (1936) (burden on plaintiffs to establish jurisdiction; pro se must meet basic requirements)
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleading held to less stringent standards but must meet jurisdictional requirements)
