Jackson v. U.S. Department of Labor
4:15-cv-00821
E.D. Mo.Aug 5, 2015Background
- Plaintiff Glenda T. Jackson seeks review of a denial of workers’ compensation benefits by the OWCP of the U.S. Department of Labor for injuries at Scott Air Force Base, Illinois.
- Plaintiff filed in forma pauperis, and the court granted leave to proceed without paying the filing fee.
- Court reviews the complaint and sua sponte dismisses it for lack of jurisdiction under Rule 12(h)(3).
- FECA provides exclusive remedies to federal employees for workplace injuries, limiting court review of the Secretary’s actions.
- There is a narrow exception allowing constitutional claims to proceed, but plaintiff fails to plead a cognizable liberty or property interest or due process deficiency.
- Court concludes plaintiff’s claim is insubstantial and lacks jurisdiction to grant relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FECA renders the court without jurisdiction to review the claim. | Jackson alleges FECA denial merits review | FECA is exclusive; court lacks jurisdiction | Lack of jurisdiction; action dismissed. |
| Whether a constitutional claim could salvage jurisdiction despite FECA exclusivity. | Plaintiff asserts a constitutional due process claim | No cognizable constitutional claim stated | No viable constitutional claim pleaded; exception not met. |
| Whether dismissal for lack of jurisdiction was proper under Rule 12(h)(3). | Proceeding in forma pauperis should not be dismissed | FECA bars review; dismissal appropriate | Dismissal proper for lack of jurisdiction. |
Key Cases Cited
- Neitzke v. Williams, 490 U.S. 319 (1989) (frivolous or malicious filings may be dismissed under 28 U.S.C. § 1915(e))
- Denton v. Hernandez, 504 U.S. 25 (1992) (frivolous or malicious standard refined)
- Spencer v. Rhodes, 656 F. Supp. 458 (E.D.N.C. 1987) (maliciousness standard for pro se pleadings)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Loudermill, 470 U.S. 532 (1985) (property interest and notice/real opportunity to be heard form due process)
- Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40 (1999) (no entitlement without government finding)
- Stephens v. Office of Workers’ Compensation Program, 721 F.2d 642 (8th Cir. 1983) (FECA claims review by Secretary; court limits)
- DiPippa v. United States, 687 F.2d 14 (3rd Cir. 1982) (jurisdictional review limits under FECA)