Somerset v. United States
24-1320
Fed. Cl.Mar 20, 2025Background
- Jerry Somerset, proceeding pro se, filed a complaint against the United States in the Court of Federal Claims, primarily concerning disputes related to alleged employment as a federal undercover assistant for the DOJ (FBI).
- Somerset asserted various claims including breach of contract, employment grievances, misconduct by state and federal courts, and violations of statutory and constitutional provisions.
- The government moved to dismiss the complaint under Rules 12(b)(1) (lack of subject-matter jurisdiction) and 12(b)(6) (failure to state a claim).
- Many of Somerset's claims concerned actions by courts/judges, claimed violations of statutes not providing for private rights of action, or fell outside the Court's jurisdiction (e.g., tort, criminal, state/local government claims).
- The Court found that Somerset’s contract claims lacked necessary factual detail to sustain a plausible allegation and that other claims were either outside the Court's jurisdiction or not actionable.
- The motion to dismiss was granted, but the plaintiff was given leave to amend if he could plead facts supporting a claim within the court’s jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court jurisdiction over claims | Court can hear claims against various actors | Jurisdiction limited to federal claims for money damages aginst U.S. only | Dismissed: Lacks jurisdiction |
| Contract with U.S./FBI | Existence of express/implied contract for services | No valid contract pled; elements missing | Dismissed: Insufficient factual pleading |
| Claims based on constitutional/statutory violations | Claims under Due Process, Equal Protection, multiple statutes | Court lacks jurisdiction for non-money mandating/assigned claims | Dismissed: Not within jurisdiction |
| Authority to review/judge misconduct | Can review misconduct by other courts | Claims Court may not review decisions or actions of other courts | Dismissed: Court lacks such authority |
Key Cases Cited
- Brown v. United States, 105 F.3d 621 (Fed. Cir. 1997) (establishes Claims Court as a court of limited jurisdiction)
- LeBlanc v. United States, 50 F.3d 1025 (Fed. Cir. 1995) (due process/equal protection claims do not mandate monetary relief)
- Fisher v. United States, 402 F.3d 1167 (Fed. Cir. 2005) (explains requirements for Tucker Act jurisdiction)
- City of Cincinnati v. United States, 153 F.3d 1375 (Fed. Cir. 1998) (elements for an implied-in-fact contract with the government)