Husband v. United States

90 Fed. Cl. 29, 2009 U.S. Claims LEXIS 345, 2009 WL 3754169
CourtUnited States Court of Federal Claims
DecidedOctober 30, 2009
DocketNo. 09-74C
StatusPublished
Cited by14 cases

This text of 90 Fed. Cl. 29 (Husband 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
Husband v. United States, 90 Fed. Cl. 29, 2009 U.S. Claims LEXIS 345, 2009 WL 3754169 (uscfc 2009).

Opinion

MEMORANDUM OPINION AND FINAL ORDER

BRADEN, Judge.

I.RELEVANT FACTUAL BACKGROUND.1

On February 17, 2005, Plaintiff was taken into federal custody by the United States Marshals Service in Leitchfield, Kentucky. Compl. ¶ 1. On May 26, 2006, Deputy United States Marshal’s Jennifer Fitzgerald and Chuck Gilbert (“Individual Defendants”) allegedly seized a “man’s ring [from Plaintiff] with a value of $4,500.” Id. at ¶ 2; see also PL Ex. A. The Individual Defendants promised to return the ring after Plaintiffs trial and sentencing. Compl. ¶ 2.

On September 6, 2007, Plaintiff was transferred into the custody of the Kentucky Department of Corrections to complete a prior state-imposed prison sentence, when he allegedly was advised that the Individual Defendants were searching for the ring and would return it when his sentence with the Commonwealth of Kentucky was completed. Id.

On December 17, 2007, after completing the state-imposed prison sentence, Plaintiff was returned to the federal detention center in Leitchfield, Kentucky. Id. At the time of this transfer back into federal custody, Plaintiff again demanded the return of the ring. Id. He was advised that the ring was lost or misplaced. Id.

On January 14, 2008, Plaintiff was transferred to the Federal Corrections Complex in Terre Haute, Indiana, where he is completing the remainder of a federal sentence. Compl. ¶ 2; see also Pl. Ex. B. On October 5, 2008, Plaintiff filed a handwritten claim against the Individual Defendants and the United States Marshals Service, but “defendants [have] refuse[d] to reimburse [P]laintiff for the ring’s value.” Pl. Ex. B; see also Compl. ¶ 3.

II. PROCEDURAL HISTORY.

On February 6, 2009, Plaintiff filed a pro se Complaint in the United States Court of Federal Claims against the Individual Defendants in their official capacity and the United States Marshals Office (collectively hereinafter “the Government”), demanding payment of $4,500 for the ring that allegedly was seized and subsequently lost or misplaced while Plaintiff was in custody. Compl. ¶¶ 2-3.

On March 12, 2009, Plaintiff filed an Application To Proceed In Forma Pauperis, that the court granted on March 13, 2009.

On April 7, 2009, the Government filed a Motion To Dismiss, pursuant to RCFC 12(b)(1) and RCFC 12(b)(6) (“Gov’t Mot”). On June 30, 2009, Plaintiff filed a Response (“PL Resp.”). On July 17, 2009, the Government filed a Reply (“Gov’t Reply”).

III. DISCUSSION.

A. Jurisdiction.

The Tucker Act, 28 U.S.C. § 1491(a)(1), authorizes the United States Court of Federal Claims to render judgment and money damages on any claim against the United States based on: the United States Constitution; an Act of Congress; a regulation of an executive department; or an express or implied contract with the United States. United States v. Mitchell, 463 U.S. 206, 212-18, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983); see also United States v. Testan, 424 U.S. 392, 397-98, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). The United States Supreme Court, however, has held that the Tucker Act does not create any substantive right for money damages. Mitchell, 463 U.S. at 216, 103 S.Ct. 2961; see also Testan, 424 U.S. at 398, 96 S.Ct. 948. Therefore, a complaint filed in the United States Court of Federal Claims also must identify and plead an independent contractual relationship, or a constitutional provision, federal statute, and/or executive agency regulation that provides a substantive [33]*33right to money damages in order for the court to have jurisdiction. Todd v. United States, 386 F.3d 1091, 1094 (Fed.Cir.2004) (“[J]urisdiction under the Tucker Act requires the litigant to identify a substantive right for money damages against the United States separate from the Tucker Act[.]”).

In determining whether the United States Court of Federal Claims has jurisdiction over a claim, the United States Court of Appeals for the Federal Circuit has instructed that “the trial court at the outset shall determine ... whether the Constitutional provision, statute, or regulation is one that is money-mandating. If the court’s conclusion is that the Constitutional provision, statute, or regulation meets the money-mandating test, the court shall declare it has jurisdiction over the cause, and shall then proceed with the ease in the normal course.” Fisher v. United States, 402 F.3d 1167, 1173 (Fed.Cir.2005).

B.Standard For Decision On A Motion To Dismiss, Pursuant To RCFC 12(b)(1).

A challenge to the “[United States Court of Federal Claims’] general power to adjudicate in specific areas of substantive law ... is properly raised by a [Rule] 12(b)(1) motion[.]” Palmer v. United States, 168 F.3d 1310, 1313 (Fed.Cir.1999); see also RCFC 12(b)(1) (“Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction[.]”). When considering whether to dismiss an action for lack of subject matter jurisdiction, the court is “obligated to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor.” Henke, 60 F.3d at 797. Nonetheless, the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence. Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988) (“[O]nce the [trial] court’s subject matter jurisdiction [is] put in question ... [plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.”).

C. Standard For Decision On A Motion To Dismiss, Pursuant To RCFC 12(b)(6).

On May 18, 2009, the United States Supreme Court issued Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), re-affirming the pleading standard previously discussed in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). To survive a Fed.R.Civ.P. 12(b)(6) motion to dismiss, a complaint must “state a claim to relief that is plausible on its face,” i.e., sufficient factual content must be pled on which a court may “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). The Court explained that the plausibility standard “asks for more than a sheer possibility that [the] defendant has acted unlawfully.” Id. “Plausibility of ‘entitlement to relief’ requires more than pleading facts that are “merely consistent with” a defendant’s liability. Id. (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955).

In Iqbal, the Court discussed the “two. working principles” of

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Bluebook (online)
90 Fed. Cl. 29, 2009 U.S. Claims LEXIS 345, 2009 WL 3754169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/husband-v-united-states-uscfc-2009.