Denis v. United States

Court of Claims

Denis v. United States

230 Ct. Cl. 716, 1982 U.S. Ct. Cl. LEXIS 58, 1982 WL 25166

CourtUnited States Court of Claims

DecidedFebruary 12, 1982

DocketNo. 531-81C

StatusPublished

This text of 230 Ct. Cl. 716 (Denis v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Denis v. United States, 230 Ct. Cl. 716, 1982 U.S. Ct. Cl. LEXIS 58, 1982 WL 25166 (cc 1982).

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Opinion

per curiam:

Plaintiff, appearing pro se, brings this action for monetary damages arising out of his employment by the United States Army Air Force. He alleges violation of his "Constitutional Guarantee” in his court-martial. Defendant has moved to dismiss on the ground that the claim is barred by the statute of limitations. Without oral argument, we grant defendant’s motion.

Plaintiff enlisted in the Army Air Force on March 11, 1942. The actions of which he complains took place in the fall of 1942. They could not in any case have occurred after May 27, 1943, when he was discharged. Even assuming (which we do not) the plaintiff has stated a claim within this court’s subject-matter jurisdiction,' our jurisdiction is [717]*717also limited by a 6-year statute of limitations. 28 U.S.C. §2501. Regardless of whether plaintiffs cause of action is taken to have accrued at the time of the court-martial in 1942 or upon discharge in 1943, the cause of action is clearly time-barred.

it is therefore ordered that defendant’s motion to dismiss is granted and the petition is dismissed.

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per curiam:

Plaintiff, appearing pro se, brings this action for monetary damages arising out of his employment by the United States Army Air Force. He alleges violation of his "Constitutional Guarantee” in his court-martial. Defendant has moved to dismiss on the ground that the claim is barred by the statute of limitations. Without oral argument, we grant defendant’s motion.

Plaintiff enlisted in the Army Air Force on March 11, 1942. The actions of which he complains took place in the fall of 1942. They could not in any case have occurred after May 27, 1943, when he was discharged. Even assuming (which we do not) the plaintiff has stated a claim within this court’s subject-matter jurisdiction,' our jurisdiction is [717]*717also limited by a 6-year statute of limitations. 28 U.S.C. §2501. Regardless of whether plaintiffs cause of action is taken to have accrued at the time of the court-martial in 1942 or upon discharge in 1943, the cause of action is clearly time-barred.

it is therefore ordered that defendant’s motion to dismiss is granted and the petition is dismissed.

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Bluebook (online)

230 Ct. Cl. 716, 1982 U.S. Ct. Cl. LEXIS 58, 1982 WL 25166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denis-v-united-states-cc-1982.

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