Jumah v. United States

90 Fed. Cl. 603, 2009 U.S. Claims LEXIS 695, 2009 WL 5178350
CourtUnited States Court of Federal Claims
DecidedDecember 23, 2009
DocketNo. 08-862C
StatusPublished
Cited by52 cases

This text of 90 Fed. Cl. 603 (Jumah 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
Jumah v. United States, 90 Fed. Cl. 603, 2009 U.S. Claims LEXIS 695, 2009 WL 5178350 (uscfc 2009).

Opinion

OPINION

FIRESTONE, Judge.

This ease comes before the court on the motion of the defendant, the United States (“government”), to dismiss the claims brought by the plaintiff, Amin Jumah (“Mr. Jumah”), for lack of jurisdiction pursuant to Rule 12(b)(1) and for failure to state a claim under Rule 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”). Mr. Jumah claims that the government owes him payment for information he provided to the Drug Enforcement Agency (“DEA”2) in April 2003. He also alleges various tort and [605]*605Constitutional claims. For the reasons that follow, the government’s motion to dismiss is GRANTED pursuant to RCFC 12(b)(1) with regard to Mr. Jumah’s tort and Constitutional claims and RCFC 12(b)(6) with regard to Mr. Jumah’s contract claims.

BACKGROUND FACTS

The following facts are taken from the pleadings and are undisputed unless otherwise noted. For several years, Mr. Jumah served on and off as a confidential source (“CS”) to the DEA, providing information regarding drug deals. Although not all of this information was of use to the DEA, some of this information proved valuable and resulted in arrests and drug and asset seizures. Mr. Jumah’s contributions to the DEA’s efforts were conducted pursuant to a series of CS agreements (“CSAs”) signed by Mr. Ju-mah and DEA representatives during this period. Each of these agreements included a clause stating, “I understand that although I may be eligible for compensation for my services, the DEA reserves the exclusive right to determine whether I will receive any payment or compensation and to determine the amount of such payment or compensation.” See, e.g., Ex. A to Def.’s Mot. Dismiss (“Mot.Dismiss”) at A3, A4. With the exception of the first agreement, each of these agreements was valid for up to one year. See, e.g., id. (valid May 13, 2002 to May 13, 2003), Ex. D to Ptf.’s Reply3 (agreement signed September 25, 2001 with no effective dates included other than statement that agreement is “not to exceed one year”). The most recent CSA between Mr. Jumah and the DEA provided to this court was signed October 11, 2002 and states that it would be effective through October 11, 2003. Ex. G to Ptf.’s Reply.

At several points throughout this period, Mr. Jumah was “deactivated” as a confidential source during periods when he was unable to provide useful information. He would then be “reactivated” when his information again became of use, and a new CSA would be signed. Mr. Jumah admits that he “was ultimately deactivated in December 2002.” Ptfi’s Reply 4.

According to DEA documents provided by Mr. Jumah, the authenticity of which is not disputed by the government, the DEA made at least eight payments to Mr. Jumah between September 27, 2001 and March 27, 2003 for information he provided in 2001 and 2002. Ex. F to Ptf.’s Reply. These payments ranged from $100 to $29,800 and totaled $51,900. Id.

On March 2, 2004, while deactivated, Mr. Jumah was arrested for selling pseudoephed-rine4 to someone who turned out to be an active CS for the DEA. United States v. Jumah, 493 F.3d 868, 870 (7th Cir.2007). Mr. Jumah unsuccessfully claimed that he was acting as a CS when he made this sale. Id. at 870. He was ultimately sentenced to 151 months’ imprisonment.5

In the instant case, Mr. Jumah “seek[s] to recover his 20 percent of the NORTHERN STAR OPERATION,6 ... $15 Million ... in com[p]ensatory damages, $25 Million ... in Punitive damages and $25 Million ... for Intentional Infliction of Emotional Distress.” Compl. ¶ 9. He also seeks U.S. citizenship. Id. In his reply to the government’s motion to dismiss, Mr. Jumah elaborates on his tort claims, claiming compensation for “[njeglect, [misrepresentation, [flalse [¡Imprisonment, [conspiracy, [i]ntentional [i]nfliction of emotional [distress, [¡Invasion of [p]rivacy, [negligence and [trespass and [pjunitive [d]am-[606]*606ages.” Ptf.’s Reply to Mot. Dismiss (“Ptf.’s Reply”) 11. Mr. Jumah provided this court with documentation to support his claims, and he requests the opportunity to provide this court with further evidence, including “[statements, [witnesses information, [a]u-dio tapes, and other sensitive government (DEA) information.” Ptf.’s Reply B.

In response, the government has moved to dismiss Mr. Jumah’s contract claims pursuant to RCFC 12(b)(1) and 12(b)(6) on the following grounds:

(1) the period of time for which [Mr. Ju-mah] demands compensation (April[ ] 2003) is after the DEA terminated its contract with him, and (2) the alleged written contract does not provide for compensation. Further, the amended complaint fails to state a claim upon which this Court can grant relief for breach of implied-in-fact contract because [Mr. Jumah] states neither the terms of the contract nor the person with whom he entered into the contract.

Mot. Dismiss 2. Additionally, the government moves this court to dismiss Mr. Jumah’s tort and Constitutional claims pursuant to RCFC 12(b)(1) and 12(b)(6). Id.

STANDARD OF REVIEW

The standard for ruling on a motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1) is well-settled. The plaintiff bears the burden of establishing subject matter jurisdiction, Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (Fed.Cir.1998) (citing McNutt v. Gen. Motors, 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936)), and must do so by a preponderance of the evidence, Reynolds, 846 F.2d at 748. Because jurisdiction is a threshold matter, a case can proceed no further if a court lacks jurisdiction to hear it. See Arbaugh v. Y & H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006) (“[W]hen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety.” (citation omitted)); Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). See generally John R. Sand & Gravel v. United States, 552 U.S. 130, 128 S.Ct. 750, 169 L.Ed.2d 591 (2008). It is well-settled that when the court considers a motion to dismiss for lack of subject matter jurisdiction, it may look beyond the pleadings and “inquire into jurisdictional facts” to determine whether jurisdiction exists. Rocovich v. United States, 933 F.2d 991, 993 (Fed.Cir.1991).

In addition, the standard for a motion to dismiss for failure to state a claim pursuant to RCFC 12(b)(6) was recently discussed by the Federal Circuit in Colida v. Nokia, Inc., 2009 WL 3172724 (Fed.Cir.2009), following the Supreme Court’s decisions in Ashcroft v. Iqbal, - U.S. -, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), and Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). In Colida,

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Cite This Page — Counsel Stack

Bluebook (online)
90 Fed. Cl. 603, 2009 U.S. Claims LEXIS 695, 2009 WL 5178350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jumah-v-united-states-uscfc-2009.