Mitchell v. United States

44 Fed. Cl. 437, 1999 U.S. Claims LEXIS 190, 1999 WL 600578
CourtUnited States Court of Federal Claims
DecidedAugust 6, 1999
DocketNo. 97-817C
StatusPublished
Cited by15 cases

This text of 44 Fed. Cl. 437 (Mitchell 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
Mitchell v. United States, 44 Fed. Cl. 437, 1999 U.S. Claims LEXIS 190, 1999 WL 600578 (uscfc 1999).

Opinion

OPINION

BASKIR, Judge.

Mr. Mitchell, the Plaintiff, brought his complaint in this Court to enforce a settlement agreement entered into between the Government and himself in a case before the United States District Court, District of New Hampshire (District Court). The District Court dismissed his effort to enforce the settlement, finding no subject-matter jurisdiction and suggesting this Court has jurisdiction.

Defendant has filed a motion to dismiss and a motion for summary judgment pursuant to RCFC 12(b)(1) and RCFC 56, respectively. After carefully examining briefs and questioning the parties during a status conference, the Court reluctantly, but unavoidably finds that it also lacks jurisdiction to adjudicate this matter. We shall have more to say on this dual jurisdictional disclaimer.

[438]*438Defendant’s motion to dismiss is hereby GRANTED. It is therefore unnecessary to address Defendant’s motion for summary judgment.

Background

The facts underlying the Complaint are presumed accurate for purposes of ruling upon a motion to dismiss for lack of subject-matter jurisdiction pursuant to RCFC 12(b)(1). Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). As is often the case with pro se litigants, the Complaint is not clear or explicit. Thus, we have supplemented it with facts and explanations Mr. Mitchell offered during the status conference.

Suffice it to say, Mr. Mitchell, appearing pro se, has traveled a long, hard, complicated, and frustrating adjudicatory road to get to this Court. He first filed administrative claims in 1991 and again in 1994 against his employer, the Occupational Safety and Health Administration, an agency of the U.S. Department of Labor. He alleged he was denied employment because of discrimination based on disability in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 791. Administrative judges designated by the U.S. Equal Employment Opportunity Commission (EEOC) denied his 1991 claim, but he was successful in his 1994 claim.

After administrative appeals of the 1991 claim were unsuccessful, Mr. Mitchell filed suit in 1995 in U.S. District Court. Meanwhile, he pursued the second claim under the administrative procedures established for such purposes. The administrative judge, hearing the 1994 complaint, recommended that Mr. Mitchell be offered the employment he sought under that claim, including back pay and interest for the nearly two and one-half years his claim was pending resolution. The Government adopted the recommendation on December 10,1996.

Apparently, Mr. Mitchell’s triumph served as a catalyst for settlement discussions regarding the 1991 claim in District Court. As he admitted during the status conference, he was much more enthusiastic about the job prospects surrounding the 1991 claim than he was about the employment to which he was now entitled by virtue of the administrative judge’s ruling on the 1994 claim. Accordingly, the parties worked out a Stipulation for Compromise and a Release, that was signed March 8, 1997. The agreement was not incorporated in the dismissal of his 1995 District Court action.

The terms of the settlement allowed Mr. Mitchell to work in Concord, New Hampshire, where he wished to reside, and agreed to pay back wages and interest. Peace between Mr. Mitchell and the Government, however, was short-lived. A new dispute arose involving the amount of back wages and interest owed to Mr. Mitchell. He maintained that the agreement did not encompass his successful 1994 decision, but related solely to his 1991 claims. The United States, in turn, took the position the agreement encompassed all matters between the parties.

On September 10, 1997, Mr. Mitchell brought suit in the District Court a second time, now to enforce his understanding of the settlement agreement that led to the dismissal of his 1995 litigation. On October 20, 1997, Magistrate Judge James R. Muirhead recommended dismissal of the suit without prejudice. He found that Mr. Mitchell had not sufficiently pled jurisdiction in District Court, and broadly suggested that he might file his claim in our Court. Mitchell v. United States, Civil No. 97-452-JD (D. NH Oct. 20, 1997). Mr. Mitchell took the hint — he filed the complaint in this Court on December 1, 1997. The District Court adopted the Magistrate’s recommendation, and ordered the Complaint dismissed on December 10, 1997. Notably, the District Court did not formally “transfer” the case.

On January 27, 1999, this matter was assigned to the undersigned Judge. A status conference was held on April 20, 1999. Pursuant to the ORDER of this Court, Mr. Mitchell filed additional submissions regarding the jurisdictional issues identified in the conference. Those materials and all other written materials were considered by the Court in reaching its decision.

Discussion

Court of Federal Claims Jurisdiction

We are faced with an unfortunate jurisdictional dilemma in this case. On the one [439]*439hand, we must respect the determination of a sister Court as to its own jurisdiction, yet on the other, we must strictly adhere to the statutory limitations placed upon the jurisdiction of our Court under the Tucker Act, 28 U.S.C. § 1491(a)(1) (1988). See generally, Rodriguez v. United States, 862 F.2d 1558 (Fed.Cir.1988). That jurisdiction also may be pre-empted in situations where Congress has provided a comprehensive remedy elsewhere. United States v. Fausto, 484 U.S. 439, 454-55, 108 S.Ct. 668, 98 L.Ed.2d 830 (1988) (Tucker Act jurisdiction over claim for back pay not appropriate given procedures established under Civil Service Reform Act). And, while a plea bargain is a contract, it is not a contract which this Court can enforce. See Lee v. United States, 33 Fed.Cl. 374, 380 (1995)(Court cannot entertain claim for breach of Title VII settlement agreement).

Such is the case with Plaintiffs claims of discrimination by employers. With Title VII of the Civil Rights Act of 1964, §§ 701-718, as amended, 42 U.S.C. §§ 2000e-17 (1982), Congress has defined a comprehensive and exclusive statutory scheme by which Federal employees may redress discrimination claims. Fausto v. United States, 16 Cl.Ct. 750, 752-53 (1989). Judicial review of those claims rests with the district courts. Id. These remedies are specifically made available to a claimant under the Rehabilitation Act. 29 U.S.C. § 794a(a)(1). Hadley v. Dept. of Navy, 229 Ct.Cl. 591, 1981 WL 22067, *2 (1981)(unpub.). Consequently, this Court lacks the authority to review or enforce the administrative decision resulting from EEOC proceedings. Id. Mr. Mitchell’s 1995 suit in District Court reflects that jurisdictional allocation.

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44 Fed. Cl. 437, 1999 U.S. Claims LEXIS 190, 1999 WL 600578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-united-states-uscfc-1999.