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Brooker v. United States
107 Fed. Cl. 52
Fed. Cl.
2012
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Background

  • 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)
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Case Details

Case Name: Brooker v. United States
Court Name: United States Court of Federal Claims
Date Published: Oct 4, 2012
Citation: 107 Fed. Cl. 52
Docket Number: No. 12-605 C
Court Abbreviation: Fed. Cl.