Cheryl Vance v. LABR

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 3, 2020
• Docket: 19-11359
• Status: Unpublished

Opinion

Case: 19-11359 Document: 00515511615 Page: 1 Date Filed: 07/31/2020

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED July 31, 2020 No. 19-11359 Lyle W. Cayce Summary Calendar Clerk

CHERYL E. VANCE,

Plaintiff — Appellant,

versus

UNITED STATES DEPARTMENT OF LABOR; UNITED STATES POSTAL INSPECTION SERVICE,

Defendants — Appellees.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19-CV-1183

Before KING, SMITH, and OLDHAM, Circuit Judges. PER CURIAM:* Cheryl E. Vance appeals the dismissal of her tort claims against the U.S. Department of Labor and the U.S. Postal Inspection Service. Vance, a pro se litigant, raises various state tort claims, such as defamation and libel,

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-11359 Document: 00515511615 Page: 2 Date Filed: 07/31/2020

No. 19-11359

primarily alleging that Postal Inspector Jeff Krafels made false allegations against her and therefore caused her to be wrongfully convicted and incarcerated. Because Vance’s claims are barred by sovereign immunity, we AFFIRM the judgment below. “If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” Int’l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd., 818 F.3d 193, 210 n.67 (5th Cir. 2016) (quoting Fed. R. Civ. P. 12(h)(3)). “Sovereign immunity is jurisdictional,” Cozzo v. Tangipahoa Par. Council—President Gov’t, 279 F.3d 273, 280 (5th Cir. 2002), and “[t]he basic rule of federal sovereign immunity is that the United States cannot be sued at all without the consent of Congress,” Freeman v. United States, 556 F.3d 326, 334 (5th Cir. 2009). Moreover, “[b]ecause sovereign immunity is jurisdictional in nature, ‘Congress’s waiver of [sovereign immunity] must be unequivocally expressed in statutory text and will not be implied.’” Id. at 335 (alterations in original) (quoting Lane v. Pena, 518 U.S. 187, 192 (1996)). Although the Federal Tort Claims Act (FTCA) “waives sovereign immunity and permits suits against the United States,” id., it does so only for certain tort claims. See 28 U.S.C. § 2674. For example, “[t]o sue successfully under the FTCA, a plaintiff must name the United States as the sole defendant.” Baker v. McHugh, 672 F. App’x 357, 362 n.2 (5th Cir. 2016) (quoting McGuire v. Turnbo, 137 F.3d 321, 324 (5th Cir. 1998)); accord Galvin v. Occupational Safety & Health Admin., 860 F.2d 181, 183 (5th Cir. 1988). In the present case, Vance did not include the United States as a defendant but instead sued the Department of Labor and the Postal Inspection Service. In other words, Vance failed to “name the United States as the sole defendant,” McGuire, 137 F.3d at 324, and the Department of Labor and the Postal Inspection Service cannot be sued under the FTCA.

2 Case: 19-11359 Document: 00515511615 Page: 3 Date Filed: 07/31/2020

Accordingly, we lack jurisdiction over Vance’s tort claims and we therefore AFFIRM the judgment of the district court.