Opinion

Parrott v. United States

Court
United States Court of Federal Claims
Filed
Sep 29, 2025
Status
Unpublished
On the bench
Stephen S. Schwartz
Cited by
0 cases
Authority
More cited than 39.5%

The opinion

In the United States Court of Federal Claims

No. 25-912C

(Filed: September 29, 2025)

NOT FOR PUBLICATION

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JOSEPH PARROTT SR., *

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Plaintiff, *

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v. *

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THE UNITED STATES, *

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Defendant. *

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OPINION AND ORDER

Plaintiff Joseph Parrott Sr., proceeding pro se, raises claims related to Social

Security benefits and certain acts of the City of Jacksonville. See Compl. (ECF 1).

Plaintiff’s application for leave to proceed in forma pauperis (ECF 2) is GRANTED.

The government moved to dismiss the complaint for lack of subject-matter

jurisdiction. See Mot. (ECF 8); Resp. (ECF 10); Reply (ECF 11); see also RCFC

12(b)(1). The motion is GRANTED.

This Court’s subject-matter jurisdiction — its authority to pass judgment on

the cases before it — is limited to specific types of claims, most commonly non-tort

claims for money damages under the Tucker Act. See, e.g., 28 U.S.C. § 1491(a)(1); see

also Brown v. United States, 105 F.3d 621, 623 (Fed. Cir. 1997) (“The Court of Federal

Claims is a court of limited jurisdiction.”). Perhaps confusingly for pro se litigants, it

is not a forum for “federal claims” generally. Claims that are outside the Court’s

jurisdiction must be dismissed. RCFC 12(h)(3).

“In determining jurisdiction, a court must accept as true all undisputed facts

asserted in the plaintiff’s complaint and draw all reasonable inferences in favor of the

plaintiff.” Trusted Integration, Inc. v. United States, 659 F.3d 1159, 1163 (Fed. Cir.

2011) (citing Henke v. United States, 60 F.3d 795, 797 (Fed. Cir. 1995)). “Although a

pro se plaintiff’s complaint is held to a less stringent standard than those prepared

by counsel, pro se litigants are not excused from meeting jurisdictional requirements.”

Spengler v. United States, 688 F. App’x 917, 920 (Fed. Cir. 2017) (citations omitted)

(citing Hughes v. Rowe, 449 U.S. 5, 9 (1980), and Kelley v. Sec’y, U.S. Dep’t of Labor,

812 F.2d 1378, 1380 (Fed. Cir. 1987)); see also Howard-Pinson v. United States, 74

Fed. Cl. 551, 553 (2006) (citing Haines v. Kerner, 404 U.S. 519, 520–21 (1972))

(explaining that pro se litigants are “entitled to a liberal construction of [their]

pleadings”).

Many of Plaintiff’s claims arise from acts by the City of Jacksonville, including

its agencies and officials. See Compl. Exhs. (ECF 1-3) at 21–33. This Court, though,

cannot hear claims against defendants other than the United States. United States

v. Sherwood, 312 U.S. 584, 588 (1941). Plaintiff claims that the United States should

take investigatory or enforcement action against the City, but this Court cannot grant

that form of relief. Santini v. United States, 173 Fed. Cl. 724, 727 (2024); Alshara v.

United States, No. 23-1848C, 2024 WL 367534, at *2 (Fed. Cl. Jan. 31, 2024), aff’d

sub nom. Al Shara v. United States, No. 2024-1853, 2025 WL 1322720 (Fed. Cir. May

7, 2025). Claims arising from those allegations must be dismissed.

Plaintiff’s claims that do implicate the United States are outside the Court’s

jurisdiction for other reasons. This Court’s authority to resolve claims for money does

not extend to claims that Congress has assigned to other courts. Horne v. Dep’t of

Agric., 569 U.S. 513, 527–28 (2013); Ogburn v. United States, No. 2022-2189, 2023

WL 2808066, at *2 (Fed. Cir. Apr. 6, 2023). Claims for Social Security benefits are

assigned to district courts, see 42 U.S.C. § 405(g), and so may not be heard here.

Marcus v. United States, 909 F.2d 1470, 1471 (Fed. Cir. 1990) (citing Weinberger v.

Salfi, 422 U.S. 749, 756–67 (1975)).

To the extent Plaintiff’s Social Security claims involve tortious activity or

deprivations of due process or equal protection, they are outside this Court’s

jurisdiction for additional reasons. The Tucker Act specifically excludes tort claims

from this Court’s jurisdiction. Brown v. United States, 105 F.3d 621, 623 (Fed. Cir.

1997; 28 U.S.C. § 1491(a)(1); cf. Tort, Black’s Law Dictionary (11th ed. 2019). Claims

for money in this Court under the Tucker Act — other than contract and illegal

exaction claims — must be based on laws or constitutional provisions that require the

United States to pay money to the plaintiff. Fisher v. United States, 402 F.3d 1167,

1172 (Fed. Cir. 2005) (citing 28 U.S.C. § 1491(a)(1)); Spencer v. United States, 98 Fed.

Cl. 349, 355 (2011). The Due Process and Equal Protection Clauses of the Fifth

Amendment do not require payment of money, and so cannot be the basis of a claim

in this Court. LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed. Cir. 1995).

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CONCLUSION

Plaintiff’s application for leave to proceed in forma pauperis (ECF 2) is

GRANTED. Defendant’s Motion to Dismiss (ECF 8) is GRANTED. The case is

DISMISSED for lack of jurisdiction.

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

s/ Stephen S. Schwartz

STEPHEN S. SCHWARTZ

Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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