Zeigler v. United States
19-889
| Fed. Cl. | Oct 22, 2019Background
- Plaintiff Stephanie Jones‑Zeigler, proceeding pro se, sued alleging ADA violations by unnamed prospective employers and that a state vocational rehabilitation counselor failed to assist her in obtaining employment.
- She sought unspecified backpay, costs, and damages for pain and suffering.
- The case was filed in the United States Court of Federal Claims; the government moved to dismiss under RCFC 12(b)(1) and 12(b)(6).
- Jones‑Zeigler did not respond to the motion; she filed a motion to proceed in forma pauperis, which the Court granted.
- The Court concluded it lacked jurisdiction because claims against non‑United States parties are outside Tucker Act jurisdiction, and the ADA is not a money‑mandating statute that confers jurisdiction in the Court of Federal Claims (the ADA does not impose liability on the United States as an employer).
- The government’s motion to dismiss for lack of subject‑matter jurisdiction was granted and the complaint was dismissed without prejudice; each side to bear its own costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CFC has jurisdiction over claims asserted against non‑federal parties | Jones‑Zeigler sought relief against prospective employers and a state counselor | The CFC’s Tucker Act jurisdiction extends only to money judgments against the United States; claims against others are outside the Court’s jurisdiction | Dismissed: claims against non‑United States parties are beyond CFC jurisdiction |
| Whether the ADA provides a money‑mandating source that confers CFC jurisdiction | Jones‑Zeigler invoked the ADA to obtain backpay and damages | The ADA is not a statute mandating payment by the United States and does not make the U.S. liable as an employer for CFC jurisdiction; ADA claims are for district courts | Dismissed: ADA does not provide a money‑mandating waiver; CFC lacks jurisdiction |
Key Cases Cited
- Jan's Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299 (Fed. Cir. 2008) (Tucker Act requires a separate money‑mandating source for CFC jurisdiction)
- Fisher v. United States, 402 F.3d 1167 (Fed. Cir. 2005) (the Tucker Act does not itself create a substantive cause of action)
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleadings are held to less stringent standards)
- United States v. Sherwood, 312 U.S. 584 (1941) (CFC jurisdiction is confined to money judgments against the United States; claims against others must be ignored)
- Searles v. United States, 88 Fed. Cl. 801 (2009) (ADA is not money‑mandating; ADA claims against the federal government generally do not give rise to CFC jurisdiction)
- Boddie v. United States, 86 F.3d 1178 (Fed. Cir. 1996) (ADA does not apply to the federal government as an employer)
