Wilson v. United States
404 F. App'x 499
Fed. Cir.2010Background
- Ms. Wilson seeks review of a Court of Federal Claims dismissal for lack of jurisdiction.
- She filed the complaint on November 18, 2009, alleging disputes with private parties and seeking injunctive relief and various statutes.
- She relies on the Fourteenth Amendment, and also cites TILA, HOEPA, and California statutes.
- She alleges the federal government conspired with private individuals to defraud her of military and civil service entitlements.
- The Court of Federal Claims dismissed on April 28, 2010 for lack of money-mandating jurisdiction and for being tort-like against private parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CFC has jurisdiction under the Tucker Act | Wilson asserts jurisdiction through constitutional/statutory claims | Wilson's claims do not arise under money-mandating provisions | No jurisdiction under Tucker Act |
| Whether the claims sound in money damages against the United States | Claims rely on federal statutes and constitutional rights | Statutes do not create money damages against the government | Not money-mandating; CFC lacks jurisdiction |
| Whether tort-like or private-party actions fall under CFC jurisdiction | Alleged conspiracies affect entitlements | Allegations target private parties; not against the United States | Lacks jurisdiction; claims sound in tort/private disputes |
Key Cases Cited
- Sherwood, 312 U.S. 584 (1941) (limits Tucker Act jurisdiction to money-mandating claims against the U.S.)
- Testan, 424 U.S. 392 (1976) (constitutional provisions must create a money damages remedy against the U.S.)
- LeBlanc, 50 F.3d 1025 (Fed. Cir. 1995) (discusses money-mandating standards under Tucker Act)
- L’Enfant Plaza Props., Inc. v. United States, 645 F.2d 886 (Cl. Ct. 1981) (torts and conspiracies generally not within CFC jurisdiction)
- Rick’s Mushroom Serv., Inc. v. United States, 521 F.3d 1338 (Fed. Cir. 2008) (reaffirms non–money-mandating nature of certain claims)
- Dehne v. United States, 970 F.2d 890 (Fed. Cir. 1992) (jurisdictional limits; pro se pleading cannot create jurisdiction)