Kpaka

• Court: United States Court of Federal Claims
• Decided: September 7, 2018
• Docket: 18-928
• Status: Unpublished

Opinion

In the United States Court of Federal Claims

No. 18-928€

(Filed: September 7, 2018)

(NoT To BE PUBLISHED) **$$**$$*$**$$*$$************$**** ) LINDA A. KPAKA and ) MAHAMUD s. KPAKA Il, ) _H __` ) "-l` ' ' + Plaintiffs, ) i l L'h" § sEP -? 2018 V. ) u.s. count OF UNITEI) sTATES, ) FEDEF*A\- CLA‘MS ) Defendant. ) )

********$$**********$*********$***

Linda A. Kpaka and Mahamud S. Kpaka, pro se, NeW Yorl<, NY.

Amelia Lister-Sohotl

OPINION AND ORDER LETTOW, Senior Judge.

Plaintiffs Linda and Mahamud Kpaka have brought suit seeking equitable relief and discovery against the United States, naming specifically the United States District Court for the Southern District of New York and several agencies of NeW York City. Compl. at 2-3.1 They allege improper treatment by city officials While homeless, Compl. at 5-9, and request this court to order New York City to produce records of public assistance given by the City to the Kpakas, Cornpl. at 2-3, 10.

The United States has moved to dismiss the complaint pursuant to Rule lZ(b)(l) of the Rules of the Court of Federal Claims (“RCFC”). Def.’s Mot. to Dismiss (“Def.’s Mot.”), ECF No. 7. Mr. and Mrs. Kpaka have not responded in opposition to the government’s motion,

lThc complaint names New York City’s Department of Homeless Services and I-Iuman Resources Administration. Compl. at 2. The complaint also requests this court to order relief against United States Marshals in New York City, the New York City Police Department, and a specific city police offloer. Compl. at 2~3.

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although they had filed a supplement to the complaint on July 16, 2018, see Suppl. to Compl., ECF No, 6, prior to the government’s motion to dismiss The supplement did not state any new claims, but contained additional exhibits and facts regarding social services provided to the Kpal

Because this court lacks subject-matter jurisdiction over the complaint, the government’s motion to dismiss the Kpal

BACKGROUND

The Kpal

In 20§6, the Kpakas sued for redress of the alleged mistreatment in the United States District Court for the Southern District of New York. Compl. at 4. Most, but not all, of the defendants in that case have been dismissed, although the Kpal

2The Kpakas’ complaint asserts jurisdiction “based on a recently dismissed case before F ederal Coutts in the Southern District of New York[, No. l:l6-cv~05205].” Compl. at 3. This case, however, is still active. See Kpaka v. New York, No. l:l6~cv-05205 (S.D.N.Y.).

3Tvvo years ago, Linda Kpaka lost an employment discrimination suit in the Southern District of New Yorlt, Which Was subsequently affirmed by the Second Circuit. See Kpaka v. Cilj) Univ. ofNew York, No. l4-CV-6021, 2016 WL 4154891 (S.D.N.Y. Aug. 2, 2016), ajjf’d, 708 Fed. Appx. 703 (Zd Cir. 2017). Additionally, Mrs. Kpaka also claims to have filed “several judicial conduct and disability complaints against several judiciaries in the Southern District [] of New Yorl< and [NeW York state court].” Compl. at 4. The complaint implies that other state or federal cases have been filed and might be pending See Compl. at 4, 8,

4See Kpaka, No. l:lG-cv-OSZOS. The United States Was not named as a defendant in the district court action. Id. 2

ln February 2018, due to a decrease in assistance payments, Mrs. Kpal

The Kpal

STANDARDS FOR DECISION A. Rule 12(!)) (1) e Lack ofSubject~Ma/tter Jurisdiction

The Tucl402 F.3d 1167, 1172 (Fed. Cir. 2005) (en banc in relevant part) (citing United S!a!es v. Mz`tchell, 463 U.S. 206, 2l6 (1983); Testan, 424 U.S. at 398). If a plaintiff fails to raise a claim under a money-mandating provision, this court “lacks jurisdiction, and the dismissal should be for lack of subject matter jurisdiction.” Jan ’s Helicopter Serv., In.c. v. Federal Aviafion Act'mz'n., 525 F.3d 1299, 1308 (Fed. Cir. 2008) (quoting Greenlee Cly. v. United States, 437f F.3d 871, 876 (Fed. Cir. 2007)).

This court may award equitable relief Where specifically authorized by statute. National Az`r Trajj?c Comrollers Ass ’n v. United States, 160 F.3d 714, 716~l7 (Fed. Cir. 1998) (“Congress has authorized the Court of Federal Claims to grant equitable relief in certain limited circumstances, . . . [but there is no] general authority to grant equitable relief . . . .”). Under the Tucker Act, equitable relief is limited to instances “incidental and collateral to” ajudgment for

monetary damages 28 U.S.C. § l49l(a)(2); see James v. Caldem, 159 F.3d 573, 580 (Fed. Cir. 1998)

Mr. and Mrs. Kpaka, as plaintiffs, must establish jurisdiction by a preponderance of the evidence. Trusted lnregralion, ]nc. v. United States, 659 F.3d 1159, ll63 (Fed. Cir. 2011) (citing Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988)). When ruling on the government’s motion to dismiss for lack of jurisdiction, the court must “accept as true all undisputed facts asserted in the plaintiffs complaint and draw all reasonable inferences in favor of the plaintif .” Id. (citing Henke v. United Slates, 60 F.3d 795, 797 (Ped. Cir. 1995)). “lf a court lacks jurisdiction to decide the merits of a case, dismissal is required as a matter of law.” Gray v. United Smfes, 69 Fed. Cl. 95, 98 (2005) (citing Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1868); Thoen v. United States, 765 F.2d 1110, 1l16 (Fed. Cir. 1985)); see also RCFC 12(h)(3) (“If the court determines at any time that it lacks subject~matter jurisdiction, the court must dismiss the action.”).

B. Transfer under 28 U.S.C, § 1631

If a court finds it lacks subject matter jurisdiction over a civil complaint, “the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed . . . .” 28 U.S.C. § 163 l. Transfer is in the interest of justice if the claims are “nonfrivolous and . . . should be decided on the merits.” Ga.lloway Farms, Inc. v. United Sl'ates, 834 F.2d 998, 1000 (Fed. Cir. 1987).

ANALYSIS I. Rule 12(b)(1) - Lack of Subject-Matter Jurisdiction

The government contends that this court lacks jurisdiction, arguing that this court has jurisdiction only over claims against the United States, may not review district court decisions, lacks jurisdiction over tort and criminal allegations, and lacks general equitable authority. Def.’s Mot. at 4-7. In their complaint, the Kpakas assert that this court has jurisdiction because “of a recently dismissed case before F ederal Courts in the Southern District of NeW Yol'k.” Compl. at 3 (referring to Kpaka, No. l:l6-cv-05205 (S.D.N.Y.)).

lf this court is to exercise jurisdiction over any of Mr. and Mrs. Kpal

A. Cla.ims Against New York City ’s Departmenr ofHomeleSS Servz`ces and Human Resources Adminisrration

Under the Tucker Act, this court can only hear claims against the United States, and only claims for monetary compensation resulting from a breach of contract With the federal government or from federal government violations of constitutional, statutory, or regulatory law, excepting tort cases 28 U.S.C. § l491(a). This court may not consider claims against states or cities or their instrumentalities See, e.g., Bowles v. United Statcs, 639 Fed. Appx. 647 (Fed. Cir. 2016). Accordingly, all requested relief against New York City or its Department of Homeless

Services or Human Resources Administration, or for an order to the New York City Police Department or its officers, are outside this court’s jurisdiction and must be dismissed

B. Request to Aajf'udicate Tort or Crfminal Allegations

The Tucl

T he Kpal<;as allege several torts, such as assault, fraud, and invasion of privacy, which were allegedly perpetrated by private individuals or city employees Compl. at 5-9; Suppl. to Compl. at 2. While the Kpakas do not cite criminal statutes, they stylize the complaint as “criminal” and allege being assaulted by several city employees and experiencing theft of their identities and of government benefits Compl. at 5-9; Suppl. to Compl. at 2. To the extent the complaint requests relief for torts or crimes, this court lacks jurisdiction over any of these tortious or criminal allegations, and those claims must be dismissed for lack of jurisdiction

C. Requestsfor Equitable Reliefand Appellate Review

The Kpakas request this court to “issue an order to the United States [District Court for the] Southern District of New York[,] United States Marshal[]s [in NeW York Cityj, and the Nevv Yorl< City Police Department . . . for search and seizure of [their] official data records” dating back to April 20l5. Suppl. to Compl. at 3. For this court to grant equitable relief under the Tucker Act, the relief must be “incidental and collateral to” a judgment for damages 28 U.S.C. § 149l(a)(2); see James, 159 F.3d at 580. The order requested by the Kpakas is not collateral to any monetary claim against the United States. They specifically disclaim a monetary claim against the United States. Compl. at 10 (“not for monetary judgments against Defendant United States”).

Additionally, this court lacks judicial power to issue an order to a federal district court and to exercise appellate review over district court decisions See Joshua, 17 F.3d at 379 (“The Court of Federal Claims does not have jurisdiction to review the decisions of district courts or [their] clerks . . . relating to proceedings before those courts.”). Further, the Kpakas are attempting to appeal decisions in the proceeding before the Southern District of New York and that case remains active, Compl. at 4 n.1, and this court lacks jurisdiction to hear cases pending before other courts, see 28 U.S.C. § 1500 (no jurisdiction where suit is pending in any other court); Ministerio Roca Solz'da v. United States, 778 F.3d l351, 1353 (Fed. Cir. 2015). If the Kpal

This court may also not award the relief requested against the United States Marshals The Marshals are not named as defendants and the complaint alleges no facts alleging any Wrongdoing by the Marshals. No monetary relief is sought from the l\/iarshals, and therefore the requested relief cannot be collateral. Instead, it appears the Kpakas merely seek this court to order the Marshals to execute their “search and seizure” request. 5

Because the Kpakas seek only equitable relief that is unrelated to a claim for damages against the United States, their complaint must be dismissed for Want ofjurisdiction.

II. Transfer under 28 U.S.C. § 1631

The Kpal

CONCLUSION

For the reasons stated, the government’s motion to dismiss the Kpakas’ complaint is GRANTED. The clerk shall enter judgment in accord with this disposition

No costs

lt is so ORDERED.

s%rn/

Charlves F. Lettow Senior Judge