Crane v. United States

41 Fed. Cl. 338, 1998 U.S. Claims LEXIS 152, 1998 WL 386252
CourtUnited States Court of Federal Claims
DecidedJuly 10, 1998
DocketNo. 97-457 C
StatusPublished
Cited by3 cases

This text of 41 Fed. Cl. 338 (Crane v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crane v. United States, 41 Fed. Cl. 338, 1998 U.S. Claims LEXIS 152, 1998 WL 386252 (uscfc 1998).

Opinion

ORDER

MOODY R. TIDWELL, III, Senior Judge.

This case is before the court on defendant’s motion for judgment upon the administrative record and plaintiffs motion for a change of venue because of a lack of subject matter jurisdiction or, in the alternative, for judgment upon the administrative record.1 For the reasons set forth below, the court transfers this case back to the United States District Court for the Western District of New York. Because we lack the subject matter jurisdiction to hear this case, we need not address the motions for judgment upon the administrative record.

BACKGROUND2

From May 1980 to October 1995, plaintiff served as an officer in the United States Army. For these fifteen years plaintiff served honorably with no blemishes on his record, except one: plaintiff has had a difficult time meeting the Army’s weight requirements. In March 1991, and again in January 1993, plaintiff received Officer Effectiveness Reports in which his senior officers noted this deficiency. Then, in February or March of 1994, plaintiff was notified that he was being processed for an involuntary discharge because of these two adverse fitness reports. On September 26, 1994, a Board of Inquiry held an evidentiary hearing on the matter and eventually ruled that plaintiff should be separated from the Army. This ruling was approved by a board of review and was eventually accepted by the Secretary of the Army. Plaintiff contends that the finding was unlawiful under the Administrative Procedure Act, 5 U.S.C. § 706(2), and that his Fifth Amendment due process rights have been violated.

Plaintiff originally filed his complaint in the United States District Court for the Western District of New York. The district court, however, opined that because it lacked the statutory authority to award the plaintiff money damages in excess of $10,000, it would be unable to grant plaintiff an appropriate remedy. The court then concluded that jurisdiction was proper in the Court of Federal Claims and transferred the case to this court on April 28,1997.

DISCUSSION

This court has jurisdiction over claims against the United States founded on a statute mandating compensation by the government. 28 U.S.C. § 1491. While the court’s jurisdiction over military pay claims was originally limited strictly to the entry of monetary judgments against the United States, this is no longer the case. By enacting the Remand Act of 1972, Congress granted this court specific remedial powers to enable the court to grant injunctive relief as long as such relief is “incident of and collateral to” the monetary judgment. 28 U.S.C. § 1491(a)(2). If, however, a request for injunctive relief is not tied to a monetary claim, this court lacks jurisdiction to hear it. See Silbert v. United States, 215 Ct.Cl. 913, 566 F.2d 1190 (1977). Thus, the Court of Appeals for the Federal Circuit has held that this court may not review the substantive merits of military decisions reflected in a [340]*340service member’s record when those determinations do not relate to a monetary claim. See Voge. v. United States, 844 F.2d 776, 781 (Fed.Cir.1988).

In his cross-motion for- a change of venue, plaintiff specifically asserts that he seeks no monetary damages from the United States — instead, he asks only that the decision of the Secretary of the Army be set aside and that he be reinstated. Because the relief requested in his complaint is not monetary in nature, plaintiff argues that this court lacks jurisdiction to hear his claim. Assuming, arguendo, that plaintiffs characterization of his complaint is accurate, he is correct. It is well established that the Tucker Act — which establishes the jurisdictional boundaries of this court — “is not implicated when plaintiff seeks only declaratory and injunctive relief.” ben-Shalom v. Secretary of Army, 807 F.2d 982, 986 (Fed.Cir.1986). Moreover, where a plaintiff seeks specific relief under the Administrative Procedure Act, rather than monetary relief, jurisdiction is proper in a district court, rather than in this court. See, e.g., Mitchell v. United States, 930 F.2d 893, 895 (Fed.Cir.1991) (citing Bowen v. Massachusetts, 487 U.S. 879, 108 S.Ct. 2722, 101 L.Ed.2d 749 (1988)).

In order to determine whether this court has subject matter jurisdiction over plaintiffs claim — and thus the power to hear this case — the court must first determine the exact nature of the claim. Although the court must generally assume the truth of unchallenged facts when deciding its jurisdiction, the court is not required to accept plaintiffs framing of the complaint. See Lewis v. United States, 32 Fed.Cl. 301, 304 (1994), aff'd, 70 F.3d 597 (Fed.Cir.1995). Rather, the court should look to plaintiffs factual allegations to ascertain the true nature of his claims. Id.

Plaintiff argues that the absence of a request for money in his complaint precludes his claim from being characterized as one for monetary relief. Defendant contends that plaintiff has in actuality made a monetary claim cloaked as an action for declaratory judgment in order to avoid scrutiny under the watchful eyes of this court. In support of this proposition, defendant urges us, in part, to look to the section of plaintiffs complaint in which plaintiff requests both reinstatement and “such other and further relief this Court deems just and proper.” This phrase, defendant contends, belies the true nature of plaintiffs intentions — to first seek reinstatement in the district court and then return here to pursue a claim for full back pay. This court, however, has refused to hang so much significance on a standard procedural phrase. In Vietnam Veterans of America v. Secretary of the Navy, 843 F.2d 528 (D.C.Cir.1988), the court rejected the argument that plaintiffs request for relief deemed just and proper implied a request for monetary relief, noting that the phrase “was mere surplusage in light of the district court’s duty under Fed.R.Civ.P. 54(c) to include the relief to which plaintiff was entitled even if the party did not demand relief.” Id. at 534; See also Sharp v. Weinberger, 798 F.2d 1521, 1524 (D.C.Cir.1986) (holding that the Rule 54(c) obligations should have no bearing when determining jurisdiction). Accordingly, we will not read into plaintiffs prayer for relief that which may not be there.

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Bluebook (online)
41 Fed. Cl. 338, 1998 U.S. Claims LEXIS 152, 1998 WL 386252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-united-states-uscfc-1998.