397 F. Supp. 15 | M.D. La. | 1975
These suits, which have been consolidated for the purpose of this ruling,
The jurisdiction of federal courts is specifically delineated and limited by Congress. There is no presumption that a federal district court has subject-matter jurisdiction to adjudicate a particular case. Hence, the complaint in a federal court must demonstrate that a basis for federal jurisdiction exists. Wright & Miller, Federal Practice and Procedure: Civil § 1206, and cases cited therein at n. 62.
The lack of federal jurisdiction may be raised by motion or in the responsive pleading. In addition, as a concomitant of its limited jurisdiction, a federal court must of its own motion note the absence of subject-matter jurisdiction when the averments of the pleadings are lacking in that respect. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); 1 Moore’s Federal Practice ¶ 0.60(4); Fed.R.Civ.Proc. 12(h).
In Civil Action No. 75-102, it is alleged that “the issues raised in this matter arise under the First Amendment to the Constitution of the United States; jurisdiction is granted specifically by 28 U.S.C. § 1346.” While 28 U. S.C. § 1346 (the Tucker Act) gives district courts jurisdiction over claims against the United States for money damages of less than $10,000 that are founded upon the Constitution, it is well settled that this statute does not authorize actions for injunctive or declaratory relief. Lee v. Thornton, 420 U.S. 139, 95 S.Ct. 853, 43 L.Ed.2d 85 (February 18, 1975); Richardson v. Morris, 409 U.S. 464, 93 S.Ct. 629, 34 L.Ed.2d 647 (1973). As this suit seeks only injunctive relief, federal subject-matter jurisdiction is not present.
Civil Action No. 75-103 contains no specific jurisdictional allegation; there is only a vague reference to complainants’ rights under the First Amendment. It is a basic rule of federal civil procedure that the basis upon which jurisdiction depends must be alleged affirmatively and distinctly in the complaint. Fed.R.Civ.Proc. 8(a)(1). As this complaint contains no such statement of jurisdiction, it is fatally defective.
In some cases, however, federal courts have excused the nonexistence or defectiveness of a jurisdictional allegation when an examination of the entire complaint reveals a proper basis for assuming jurisdiction. See Wright & Miller, Federal Practice and Procedure: Civil § 1206. Other than 28 U.S.C. § 1346, the only apparent basis for jurisdiction in these complaints appears to be the federal question jurisdiction granted by 28 U.S.C. § 1331. That provision vests in the district courts jurisdiction of civil actions in which the matter in controversy “arises under the Constitution, laws, or treaties of the United States” and exceeds $10,000 in principal
For the foregoing reasons, it is ordered that these suits be, and they are hereby, dismissed for lack of federal jurisdiction.