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Moore v. United States
685 F. App'x 991
Fed. Cir.
2017
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Case Information

*2 Before M OORE , T ARANTO , and C HEN , Circuit Judges.

P ER URIAM .

Anthony Moore appeals an order from the United States Court of Federal Claims (“Claims Court”) dismiss- ing his complaint for lack of jurisdiction. Because the Claims Court lacks jurisdiction to hear the complaint, we affirm

B ACKGROUND

Mr. Moore is an inmate at a federal prison in Florida. He alleges the Federal Bureau of Prisons (“BOP”) was deliberately indifferent to his medical needs by refusing to treat his dizzy spells, ear and nose pain, migraine head- aches, broken finger, and injured toe. He seeks damages of $500,000. The Claims Court sua sponte dismissed Mr. Moore’s complaint, holding it lacked jurisdiction under 28 U.S.C. § 1491 because his allegations sounded in tort. Mr. Moore appeals. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(3).

D ISCUSSION

The Claims Court is a court of limited jurisdiction and lacks jurisdiction to hear claims sounding in tort. 28 U.S.C. § 1491(a)(1). Allegations that the BOP failed to provide appropriate medical care are claims sounding in tort over which the Claims Court lacks jurisdiction. Trafny v. United States , 503 F.3d 1339, 1340 (Fed. Cir. 2007). Mr. Moore contends his claim may be maintained under the Supreme Court’s decision in Estelle v. Gamble , 429 U.S. 97 (1976). Estelle holds that deliberate indiffer- ence to prisoners’ serious medical needs may violate the Eighth Amendment’s prohibition against cruel and unu- sual punishment. Id . at 104–05. The Claims Court lacks jurisdiction to hear claims arising under the Eighth Amendment. Trafny , 503 F.3d at 1340. Therefore, the Claims Court lacks jurisdiction to hear Mr. Moore’s complaint.

C ONCLUSION

The order from the Claims Court is affirmed

AFFIRMED OSTS

No costs.

Case Details

Case Name: Moore v. United States
Court Name: Court of Appeals for the Federal Circuit
Date Published: May 4, 2017
Citation: 685 F. App'x 991
Docket Number: 2016-2092
Court Abbreviation: Fed. Cir.
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