Hephzibah-El v. United States
676 F. App'x 1011
| Fed. Cir. | 2017Background
- In Feb 2015 Hephzibah‑El was arrested and later indicted for attempting to obtain a passport by fraud (18 U.S.C. § 1542).
- In Mar 2016 she filed a civil suit in the Middle District of Florida alleging constitutional violations arising from the arrest and seeking damages and an injunction to stop her criminal trial; the district court dismissed that civil suit for lack of subject‑matter jurisdiction.
- While her criminal trial proceeded, Hephzibah‑El filed a complaint in the Court of Federal Claims (CFC) seeking review of the district court’s dismissal, monetary damages for constitutional violations, and an injunction to halt the criminal trial.
- The CFC dismissed the complaint: (1) it said it cannot review district‑court decisions or enjoin criminal proceedings, and (2) Hephzibah‑El failed to identify a money‑mandating source of law to support her damages claims under the Tucker Act.
- Hephzibah‑El appealed the CFC’s jurisdictional dismissal to the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CFC may review a district court’s dismissal | Hephzibah‑El sought review of the district court’s dismissal in the CFC | CFC lacks authority to review district court decisions | CFC cannot review district court decisions; dismissal correct |
| Whether CFC may enjoin an ongoing criminal proceeding | She asked the CFC to enjoin her criminal trial | CFC lacks jurisdiction over criminal matters and cannot grant such injunctions | CFC may not enjoin criminal proceedings; injunction request denied |
| Whether CFC has jurisdiction over monetary damages for alleged constitutional violations | She invoked the Tucker Act, the Constitution, statutes, and regulations as bases for money damages | Plaintiff failed to identify a specific money‑mandating source of law required for CFC jurisdiction | Dismissed: no money‑mandating source identified; CFC lacks jurisdiction for damages claims |
Key Cases Cited
- Radioshack Corp. v. United States, 566 F.3d 1358 (Fed. Cir. 2009) (de novo review standard for jurisdictional dismissals)
- Joshua v. United States, 17 F.3d 378 (Fed. Cir. 1994) (Court of Federal Claims cannot review district court decisions)
- Brown v. United States, 105 F.3d 621 (Fed. Cir. 1997) (CFC cannot grant injunctive relief to halt criminal proceedings)
- Fisher v. United States, 402 F.3d 1167 (Fed. Cir. 2005) (Tucker Act requires a separate money‑mandating source for CFC jurisdiction)
- Jones v. United States, [citation="440 F. App'x 916"] (Fed. Cir. 2011) (CFC lacks jurisdiction over criminal matters)