Velarde v. United States
17-541
Fed. Cl.Sep 14, 2017Background
- Pro se plaintiff Bart N. Velarde, a U.S. citizen in Michigan, sued seeking $1M compensatory and $10M punitive damages for alleged U.S. misconduct in the Philippines (Spanish–American/Philippine conflicts) including murder, genocide, and crimes against humanity.
- Complaint alleges U.S. forces caused ~2.5 million Filipino deaths (1899 to present) and that the U.S. has covered up violations via a neocolonial policy.
- Velarde named President Donald J. Trump as the sole defendant and invoked Article II, Section 4 of the Constitution and other theories.
- The Government moved to dismiss under RCFC 12(b)(1) for lack of subject-matter jurisdiction.
- The Court considered Tucker Act jurisdictional principles requiring a money-mandating, separate source of law and concluded Velarde failed to identify any such source and did not sue the United States.
- Court granted the Government's motion and ordered judgment dismissing the complaint for lack of jurisdiction; no costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court has jurisdiction over claims naming the President | Velarde asserted constitutional violations and sought monetary damages against President Trump | Government argued Court of Federal Claims has jurisdiction only over claims against the United States, not against the President | Dismissed: Court lacks jurisdiction because the President, not the United States, was named |
| Whether a money-mandating source of law exists under the Tucker Act | Velarde invoked Article II §4 and "modern politics" doctrines as bases for money damages | Government argued Velarde identified no separate, money‑mandating statutory or constitutional source to create a claim for damages | Dismissed: Article II §4 does not provide monetary remedies and no valid separate source was alleged |
Key Cases Cited
- RHI Holdings, Inc. v. United States, 142 F.3d 1459 (Fed. Cir. 1998) (Tucker Act does not create a cause of action)
- Greenlee County v. United States, 487 F.3d 871 (Fed. Cir. 2007) (must identify separate source of substantive law for money damages)
- Fisher v. United States, 402 F.3d 1167 (Fed. Cir. 2005) (same requirement under Tucker Act)
- Erikson v. Pardus, 551 U.S. 89 (2007) (pro se complaints are liberally construed)
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleadings held to less stringent standard)
- United States v. Sherwood, 312 U.S. 584 (1941) (Court of Federal Claims jurisdiction is limited to suits against the United States)
- Outlaw v. United States, 116 Fed. Cl. 656 (Fed. Cl. 2014) (failure to establish Tucker Act jurisdiction requires dismissal)
- Moore v. Public Defenders Office, 76 Fed. Cl. 617 (Fed. Cl. 2007) (Court lacks jurisdiction when complaint names non-federal entities)
