Wood v. United States

91 Fed. Cl. 569, 2009 U.S. Claims LEXIS 348, 2009 WL 3617491
CourtUnited States Court of Federal Claims
DecidedOctober 30, 2009
DocketNo. 09-95C
StatusPublished
Cited by17 cases

This text of 91 Fed. Cl. 569 (Wood 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
Wood v. United States, 91 Fed. Cl. 569, 2009 U.S. Claims LEXIS 348, 2009 WL 3617491 (uscfc 2009).

Opinion

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This case is before the court after argument on defendant’s motion to dismiss a claim for damages for unjust conviction under RCFC 12(b)(1) for lack of subject matter jurisdiction or, in the alternative, under RCFC 12(b)(6) for failure to state a claim for relief and plaintiffs cross-motion for summary judgment on liability. The issues for decision are whether binding precedent upholds the requirement that a certificate from a federal trial court reciting specific findings is a jurisdictional prerequisite to suit; whether an appellate court’s rulings can satisfy the required showings; and whether the United States Court of Federal Claims can find facts on the required showings.

FACTS

The following facts are drawn from the record, including the complaint and an unpublished memorandum opinion of the United States Court of Appeals for the Ninth Circuit. In July 2000 Gregory V. Wood (“plaintiff’) entered into an agreement with Sanford A. Mohr, CEO of Pro Tom' Hawaii (“PTH”), to guarantee the prize money and operating expenses for the PTH 2001 International Golf Tour. Plaintiff, who eventually became the PTH’s Chief Financial Officer, never delivered the money promised, and on January 30, 2001, he transferred $5,075.00 from a PTH corporate account to his own personal account. The following day, plaintiff wired $5,000.00 from his personal account to the attorney of David Courtney, a California businessman, as part of a separate business transaction unrelated to PTH. Subsequently, plaintiff was arrested, tried, and convicted of wire fraud.

On December 10, 2007, the Ninth Circuit entered an unpublished memorandum opinion and a judgment reversing plaintiffs conviction. See United States v. Wood, 259 Fed.Appx. 48, 49 (9th Cir.2007). Ruling that plaintiffs wire transfer to Mr. Courtney was not made “in furtherance of the scheme to defraud” PTH, the court held that there was a lack of evidence in support of his federal wire fraud conviction under 18 U.S.C. § 1343 (2006). See id. at 49-50.

On February 18, 2009, plaintiff filed a complaint in the Court of Federal Claims seeking $141,667.67 from the United States for his wrongful conviction, incarceration, and subsequent super-vision by federal authorities. Attached to the complaint is a document from the appellate court titled “Judgment” — a document that plaintiff labels “Exhibit A” and refers to as his “Certificate of Innocence.” Compl. filed Feb. 18, 2009, ¶ 7.

On April 20, 2009, defendant filed a motion to dismiss on the ground that plaintiff failed to produce and file a true certificate of innocence from the trial court, a mandatory jurisdictional prerequisite to pursue relief for unjust conviction and imprisonment.

On May 18, 2009, plaintiff moved to substitute an attorney in place of himself for this case and a motion for enlargement of time within which to respond to defendant’s motion, both of which were granted by order entered on May 20, 2009. After a second motion for enlargement of time, plaintiffs opposition and cross-motion were filed on August 7, 2009, and briefing concluded on October 5, 2009. Oral argument was held on October 23, 2009. The court recognizes Mr. Stouck for undertaking to represent Mr. Wood in presenting plaintiffs case.

DISCUSSION

1. Standard of review for a motion to dismiss for lack of jurisdiction

In deciding a motion to dismiss pursuant to RCFC 12(b)(1), the court must accept as true the facts alleged in the complaint, see Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 747 (Fed.Cir.1988), and must construe such facts in the light most favorable to the pleader, see Henke v. United States, 60 F.3d 795, 797 (Fed.Cir.1995) (holding courts are obligated “to draw all reasonable inferences in plaintiffs favor”). By contrast, when defendant disputes the underlying jurisdictional facts contained in plaintiffs complaint, the application of the [571]*571general rule that the facts should be viewed in the light most favorable to the non-mov-ant is displaced. Instead, when a party alleges a lack of jurisdiction pursuant to RCFC 12(b)(1), only unchallenged facts are deemed to be correct and true. Hamlet v. United States, 873 F.2d 1414, 1416 (Fed.Cir.1989). If a defendant or the court challenges jurisdiction with respect to plaintiffs claim for relief, plaintiff cannot rely merely on allegations in the complaint, but instead must bring forth relevant competent proof to establish jurisdiction. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); see also Land v. Dollar, 330 U.S. 731, 735 n. 4, 67 S.Ct. 1009, 91 L.Ed. 1209 (1947).

In deciding a RCFC 12(b)(1) motion under these circumstances, “the court can consider ... evidentiary matters outside the pleadings.” Indium Corp. of Am. v. Semi-Alloys, Inc., 781 F.2d 879, 884 (Fed.Cir.1985); see also Rocovich v. United States, 933 F.2d 991, 993 (Fed.Cir.1991); Reynolds, 846 F.2d at 747. “[I]f a motion to dismiss for lack of subject matter jurisdiction ... challenges the truth of the jurisdictional facts alleged in the complaint, the ... court may consider relevant evidence in order to resolve the factual dispute.” Reynolds, 846 F.2d at 747; accord Moyer v. United States, 190 F.3d 1314, 1318 (Fed.Cir.1999); see also Cedars-Sinai Med. Ctr. v. Watkins, 11 F.3d 1573, 1584 (Fed.Cir.1993) (permitting review of evidence extrinsic to pleadings, including affidavits and deposition testimony). Thus, in the case at bar, the parties are authorized to introduce, and this court is authorized to examine, evidence beyond the pleadings in order to resolve the disputed jurisdictional facts.

2. Jurisdiction

Jurisdiction must be established before the court may proceed to the merits of a case. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 88-89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). “[The plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds, 846 F.2d at 748; see also McNutt, 298 U.S. at 189, 56 S.Ct. 780; Myers Invest. & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1369 (Fed.Cir.2002). Federal courts are presumed to lack jurisdiction unless the record affirmatively indicates the opposite. Renne v. Geary, 501 U.S. 312, 316, 111 S.Ct. 2331, 115 L.Ed.2d 288 (1991).

Plaintiff seeks monetary damages for unjust conviction and wrongful imprisonment. “The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned.” 28 U.S.C. § 1495 (2006). However, 28 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
91 Fed. Cl. 569, 2009 U.S. Claims LEXIS 348, 2009 WL 3617491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-united-states-uscfc-2009.