Brown v. United States

CourtUnited States Court of Federal Claims
DecidedJanuary 8, 2016
Docket15-1579
StatusUnpublished

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Bluebook
Brown v. United States, (uscfc 2016).

Opinion

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No. 15-1579 C

(Filed January 8, 2016)

UNPUBLISHED FILED JAN - I 2016

,k,k,f {< * *,k *'k * !k'k * * U,S. COURT OF * FEDERAL CLAIMS SHLN{TAY ANTONIO BROWN AND WILLIE JESS LPSCOMB. *

Pro Se Plaintffi, Pro Se Complaint; No Claims within This court's Jurisdiction. ,r

THE UNITED STATES, t

Defendant. t

OPINION

The court has before it plaintiffs' pro se complaint filed December 28,2015. Because this court lacks jurisdiction over plaintiffs' claims, their suit must be dismissed pursuant to Rule l2(hX3) of the Rules of the United States Court of Federal Claims (RCFC). The reasons for this sua sponte dismissal are set forth below.

BACKGROI]I{D'

The complaint filed by Mr. Brown and Mr. Lipscomb is not easy to decipher. Although the general introduction to the complaint succinctly states that plaintiffs seek redress for "violation of [their] constitutional rights under the 14th

r/ The facts recited here are drawn from the complaint. The court makes no findings of lact in this opinion. Amendment to the United States Constitution," Compl. at l, the remainder of the complaint presents an expansive set of factual allegations, seven separate counts, a request for several types ofrelief, and eight attachments.2 The court has examined the complaint thoroughly in an attempt to discern the true nature of plaintiffs' claims. The court provides here a summary of the topics presented in the complaint. Most of these topics appear to address the particular circumstances of Mr. Brown, although some of these topics appear to address the circumstances of both Mr. Brown and Mr. Lioscomb.

Mr. Brown and Mr. Lipscomb are brothers, and Mr. Brown is the legal guardian of Mr. Lipscomb due to the latter's mental retardation. Compl. at 9. Difficulties in their living situation appear to be related to unemployment, loss of housing and the denial ofvarious federal benefits. See id. at I ("This action seeks just compensation from the United States for property ([]Jobs, Housing and Social Security Benefits SSVSSDI) taken from the Plaintiff . . . ."). There are also numerous references to the negative outcomes ofprevious litigation before federal courts. Because plaintiffs in this lawsuit may seek to collaterally attack the judgments of other federal courts, the court briefly reviews some of the litigation referenced in the complaint.

In early 2015, the United States Court of Appeals for the Seventh Circuit rejected an appeal brought by Mr. Brown regarding the "dismissal of his federal civil-rights lawsuit." Brown v. Charles T. Ryan, Ltd.,596 F. App'x 504,504 (7rh Cir. 2015). One of the defendants named in the suit was the "'Federal Reserve System."' Id. The lawsuit brought by Mr. Brown alleged various constitutional rights violations and ADA violations related to a bankruptcy proceeding and the brothers' eviction from a condominium.3 Id. The district court dismissed the suit for lack ofjurisdiction and the Seventh Circuit affirmed.

The March 12,2015 decision of the Seventh Circuit is attached to plaintiffs' complaint. Compl. Att. A-1. Bankruptcy proceedings are discussed at length in

2/ The documents attached to the complaint are divided into the following discrete attachments: Attachments A-1,A-2,B-1,B-2,C-1,D-1,D-2,andAGroup. The court has supplied pagination to these documents. 3/ TheAmericanswithDisabilitiesActof 1990,42U.S.C.$ 12101 etseq. (2012),is rel'erred to in this ooinion as the ADA. the complaint.o Id. at2-4, Att. B-2. Loss of housing is also referenced in the of complaint. Id. at 1,5. In addition, the complaint repeatedly invokes the rights personslivingwithdisabilities. Id.\nn,33-34,36-37,40,46-47,54,67-69,73, 75-76,78. Thus, it would appear that at least some of the rights violations alleged in the complaint are related to bankruptcy proceedings, particularly in the actions of bankruptcy trustees, and others are related to the brothers' loss of housing, an occurrence which is alleged to implicate the Federal Reserve System.

The complaint also contains a lengthy discussion of criminal proceedings. Compi. at 5-6. The underlying charge against Mr. Brown was "making false statements under penalty of perjury in a bankruptcy case." United States v. Brown, No. 1,4-2524,2015 WL 7292770, at * I (7th Cir. Nov. 19,2015). Mr. Brown pled guilty but later asserted that his right to a speedy trial had been violated. Id. The Seventh Circuit disagreed and dismissed his appeal. Id. at*3.

The November 19, 2015 decision of the Seventh Circuit is attached to piaintiffs' complaint. Compl. Att. C-l at 5-9. Mr. Brown's right to a speedy trial, and allegations of misconduct by the United States Department of Justice, are referenced in plaintiffs' complaint. Id. at5-6. Thus, another set ofplaintiffs' claims are focused on violations of Mr. Brown's rights in criminal proceedings.

Finally, the United States District Court for the Northem District of Illinois recently dismissed Mr. Brown's suit against the director of the Social Security Administration (SSA). Brown v. Colvin, No. 15-C-1313 (N.D. Ill. Dec. 3,2015) (unpublished order). The court noted that the SSA had denied Mr. Brown disability insurance benefits (SSDD and supplemental security income (SSD. 1d at 1. Mr. Brown apparently failed to file a timely appeal of the final decision of an administrative law judge who considered Mr. Brown's application for SSA-administered benefits. Id. at l-2. The district court therefore dismissed Mr. Brown's suit for failure to exhaust administrative remedies, and also denied his

o/ There may also be an employment-related claim in the complaint's discussion of bankruptcy proceedings. See Compl. 11 8 ("Plaintiffhas been off work since September 29,2011 without pay and work."); fl 9 ("This action by the chapter 7 trustee was done to sabotage[] the employee's benefits and investments."); tT 10 ("[The bankruptcy trustee] place[d] the Plaintiffin a position that he does not believe was appropriate because it lorced him to work outside his union restriction hours per week . . . ."). Any claims against bankruptcy trustees referenced in the complaint will be discussed in the "Tort Claims" section of this opinion, infra. motion for reconsideration of that dismissal. 1d

The December 3.2015 decision of the district court is attached to the complaint. Compl. Att. D-2. That decision, and Mr. Brown's efforts to obtain judicial review of the actions of the Social Security Administration, are discussed in the complaint. Id. at 6-7. Plaintiffs have also attached a number of documents which illustrate Mr. Brown's interactions with the SSA. Compl. Att. A Group. It is clear from these documents that Mr. Brown has long contended that his constitutional rights were violated when the SSA denied him SSDI and SSI benefits. 1d. Thus, the complaint appears to include claims that plaintiffs' constitutional rights were violated by the SSA.

DISCUSSION

Pro Se Litigants

The court acknowledges that Mr. Brown and Mr. Lipscomb are proceeding pro se and are "not expected to frame issues with the precision of a common law pleading." Roche v. U.S. Postal Serv.,828 F.2d 1555, 1558 (Fed. Cir. 1987). Pro se plaintiffs are entitled to a liberal construction of their pleadings. See Haines v. Kerner,404 U.S. 519,520 (1972) (requiring that allegations contained inapro se complaint be held to "less stringent standards than formal pleadings drafted by lawyers").

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