Samantha D. Rajapakse v. United States

In the United States Court of Federal Claims

No. 13-391 C

(Filed October 23, 2013)

UNPUBLISHED

********************* Pro Se Complaint; Motion to

SAMANTHA D. RAJAPAKSE * Dismiss for Lack of Subject

* Matter Jurisdiction, RCFC

Plaintiff, * 12(b)(1).

*

v. *

*

THE UNITED STATES, *

*

Defendant. *

*********************

Samantha D. Rajapakse, Memphis, TN, pro se.

Sean B. McNamara, United States Department of Justice, with whom were

Stuart F. Delery, Acting Assistant Attorney General, Jeanne E. Davidson,

Director, and Deborah A. Bynum, Assistant Director, Washington, DC, for

defendant.

_________________________

OPINION

_________________________

BUSH, Judge.

Now pending before the court is defendant’s motion to dismiss plaintiff

Samantha D. Rajapakse’s pro se complaint for lack of subject matter jurisdiction

pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims

(RCFC). Defendant’s motion has been fully briefed and is ripe for a decision by

the court. For the reasons discussed below, the court concludes that it lacks

jurisdiction over Ms. Rajapakse’s claims and therefore grants defendant’s motion

to dismiss.

BACKGROUND 1

In her pro se complaint filed June 12, 2013, Ms. Rajapakse alleges that she

filed suit against Memphis Light, Gas and Water (MLGW) in the United States

District Court for the Western District of Tennessee following an error on her

utility bill. See Compl. at 2. That lawsuit, Rajapakse v. Memphis Light, Gas and

Water et al., No. 2:12-cv-02807-JDT-dkv, is the first of two lawsuits allegedly

filed by Ms. Rajapakse in the district court, the other being a lawsuit against the

law firm allegedly representing the utility company, Rajapakse v. Baker, Donelson,

Bearman, Caldwell & Berkowitz, P.C. et al., No. 2:13-cv-02328-JDT-dkv. Both

lawsuits have been dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2006) for

failure to state a claim upon which relief may be granted and for lack of subject

matter jurisdiction as to Ms. Rajapakse’s state-law claims. See Rajapakse v. Baker

Donelson Bearman Caldwell & Berkowitz, P.C. et al., No. 2:13-cv-02328-JDT-

dkv, 2013 WL 3992523, at *3 (W.D. Tenn. Aug. 5, 2013); Rajapakse v. Memphis

Light, Gas & Water Div., No. 2:12-cv-02807-JDT-dkv, 2013 WL 3803979, at *1

(W.D. Tenn. July 19, 2013).

Ms. Rajapakse asserts that after she filed suit against MLGW in the district

court, the company “attempt[ed] to harm her, threaten her . . . and force [her] to

leave her home and become homeless.” Compl. at 2. She seeks $10 million in

damages against the United States based upon alleged improper actions of district

court officials in her lawsuit against MLGW, including the district court judge and

magistrate judge. See id. at 4-6. Ms. Rajapakse asserts that these alleged improper

actions deprived her of equal protection and due process of law in violation of the

Fifth and Fourteenth Amendments to the United States Constitution, violated her

civil rights under 42 U.S.C. § 1983 (2006), and caused her “emotional distress”

and “physical duress.” See id.; Pl.’s Resp. at 2-8.

The government moves to dismiss Ms. Rajapakse’s complaint for lack of

subject matter jurisdiction under RCFC 12(b)(1) on the grounds that (1) this court

lacks jurisdiction to consider the decisions of a federal district court and (2) Ms.

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/ The facts recited here, taken from Ms. Rajapakse’s complaint and the parties’

submissions in connection with defendant’s motion to dismiss, are undisputed unless otherwise

indicated.

2

Rajapakse has failed to identify any applicable provision of law conferring a

substantive right for money damages against the United States.

DISCUSSION

I. Pro Se Litigants

The court acknowledges that Ms. Rajapakse is proceeding pro se, and is “not

expected to frame issues with the precision of a common law pleading.” Roche v.

United States Postal Serv., 828 F.2d 1555, 1558 (Fed. Cir. 1987). Pro se plaintiffs

are entitled to a liberal construction of their pleadings. See Haines v. Kerner, 404

U.S. 519, 520 (1972) (requiring that allegations contained in a pro se complaint be

held to “less stringent standards than formal pleadings drafted by lawyers”).

Accordingly, the court has examined the complaint and briefs thoroughly and has

attempted to discern all of Ms. Rajapakse’s legal arguments.2

II. RCFC 12(b)(1) Motions to Dismiss

The relevant issue in a motion to dismiss under RCFC 12(b)(1) “‘is not

whether a plaintiff will ultimately prevail but whether the claimant is entitled to

offer evidence to support the claims.’” Patton v. United States, 64 Fed. Cl. 768,

773 (2005) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), abrogated on

other grounds by Harlow v. Fitzgerald, 457 U.S. 800 (1982)). In considering the

issue of subject matter jurisdiction, this court must presume all undisputed factual

allegations to be true and construe all reasonable inferences in favor of the

plaintiff. Scheuer, 416 U.S. at 236; Reynolds v. Army & Air Force Exch. Serv.,

846 F.2d 746, 747 (Fed. Cir. 1988). Ms. Rajapakse bears the burden of

establishing subject matter jurisdiction, Alder Terrace, Inc. v. United States, 161

2

/ In this regard, the court notes that Ms. Rajapakse submitted three briefs in addition to

her response to defendant’s motion to dismiss. First, Ms. Rajapakse filed a document titled

“Plaintiff[’s] Motion Seeking Special Jurisdiction Under 28 USC 1491 and Motion Seeking Rule

8 Injunctive or Estoppel Immediate Relief” on June 26, 2013, the day defendant filed its motion

to dismiss. ECF No. 5. Second, on July 19, 2013, after filing her response to defendant’s

motion, Ms. Rajapakse filed a document titled “Plaintiff’s Motion in Submission of New

Discovered Evidence Rule 59 and Rule 901 In Support of Complaint and Relief.” ECF No. 9.

Third, on July 22, 2013, Ms. Rajapakse filed a document titled “Plaintiff’s Motion in Response

to Defendant’s Second Request for Dismissal With Support Audio Under Rule 901.” ECF No.

10. The court has considered each submission in rendering its decision on defendant’s motion to

dismiss.

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F.3d 1372, 1377 (Fed. Cir. 1998) (citing McNutt v. Gen. Motors Acceptance Corp.

of Ind., 298 U.S. 178, 189 (1936)), and must do so by a preponderance of the

evidence, Reynolds, 846 F.2d at 748 (citations omitted), and by presenting

“competent proof,” McNutt, 298 U.S. at 189. If Ms. Rajapakse fails to meet her

burden and jurisdiction is therefore found to be lacking, the court must dismiss this

action. See RCFC 12(h)(3).

III. Tucker Act Jurisdiction

Pursuant to the Tucker Act, the United States Court of Federal Claims has

jurisdiction “to render judgment upon any claim against the United States founded

either upon the Constitution, or any Act of Congress or any regulation of an

executive department, or upon any express or implied contract with the United

States, or for liquidated or unliquidated damages in cases not sounding in tort.” 28

U.S.C. § 1491(a)(1) (2006). The Tucker Act, however, “does not create any

substantive right enforceable against the United States for money damages. The

Court of Claims has recognized that the Act merely confers jurisdiction upon it

whenever the substantive right exists.” United States v. Testan, 424 U.S. 392, 398

(1976) (citation omitted). A plaintiff coming before the Court of Federal Claims,

therefore, must identify a separate provision of law conferring a substantive right

for money damages against the United States. Todd v. United States, 386 F.3d

1091, 1094 (Fed. Cir. 2004) (citing Testan, 424 U.S. at 398).

IV. Analysis

For the reasons articulated below, the court concludes that it lacks

jurisdiction to consider Ms. Rajapakse’s claims. As an initial matter, the Court of

Federal Claims lacks jurisdiction to review the decisions of the federal district

courts. See Allustiarte v. United States, 256 F.3d 1349, 1351-52 (Fed. Cir. 2001)

(holding that the Court of Federal Claims lacked jurisdiction to adjudicate a taking

claim based on “an allegedly improper action by a bankruptcy trustee that was

approved by a Ninth Circuit bankruptcy court”); Vereda, Ltda. v. United States,

271 F.3d 1367, 1375 (Fed. Cir. 2001) (“The Court of Federal Claims ‘does not

have jurisdiction to review the decisions of district courts.’” (quoting Joshua v.

United States, 17 F.3d 378, 380 (Fed. Cir. 1994))). Therefore, this court lacks

jurisdiction to scrutinize the actions of the United States District Court for the

Western District of Tennessee with respect to Ms. Rajapakse’s lawsuits in that

forum.

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Moreover, even if the court were authorized to review the district court’s

handling of Ms. Rajapakse’s lawsuit against MLGW, none of the violations alleged

in Ms. Rajapakse’s complaint are tied to an underlying money-mandating

provision of law that would support this court’s jurisdiction under the Tucker Act.

In order for jurisdiction to lie under the Tucker Act based upon a constitutional

provision, the provision must be money mandating in the sense that it contemplates

the payment of money damages for its violation. See James v. Caldera, 159 F.3d

573, 580 (Fed. Cir. 1998) (“[A] Tucker Act plaintiff must assert a claim under a

separate money-mandating constitutional provision, statute, or regulation, the

violation of which supports a claim for damages against the United States.”)

(citations omitted).

None of the constitutional provisions upon which Ms. Rajapakse relies

(certain clauses of the Fifth and Fourteenth Amendments) fall into that category.

See LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed. Cir. 1995) (holding that the

Due Process Clauses of the Fifth and Fourteenth Amendments and the Equal

Protection Clause of the Fourteenth Amendment are not sufficient bases for Tucker

Act jurisdiction because they do not mandate payment by the government (citing

Carruth v. United States, 627 F.2d 1068, 1081 (Ct. Cl. 1980))). Likewise, Ms.

Rajapakse’s claims for “emotional distress” and “physical duress” sound in tort,

and thus are outside this court’s jurisdiction. See Brown v. United States, 105 F.3d

621, 623 (Fed. Cir. 1997) (citing 28 U.S.C. § 1491(a)(1), and Keene Corp. v.

United States, 508 U.S. 200, 214 (1993)). Finally, the court also lacks jurisdiction

over Ms. Rajapakse’s claim based on 42 U.S.C. § 1983 because section 1983

jurisdiction is conferred exclusively on the United States District Courts. See 28

U.S.C. § 1343(a) (2006) (“The district courts shall have original jurisdiction of any

civil action authorized by law to be commenced by any person . . . (4) To recover

damages or to secure equitable or other relief under any act of Congress providing

for the protection of civil rights, including the right to vote.”); Doe v. United

States, 74 Fed. Cl. 794, 798 (2006).

The court has considered the additional jurisdictional arguments advanced

by Ms. Rajapakse and concludes that they are also without merit. Ms. Rajapakse

attempts to invoke this court’s jurisdiction by citing four statutory provisions that

apply only to federal district courts: 9 U.S.C. § 4 (2012) (providing that a “party

aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a

written agreement for arbitration” may petition any federal district court for an

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order compelling arbitration if the district court would have jurisdiction but for the

arbitration agreement); 28 U.S.C. § 1331 (2006) (conferring upon the federal

district courts original jurisdiction over all civil actions “arising under the

Constitution, laws, or treaties of the United States”); 28 U.S.C. § 1367 (2006)

(conferring upon the federal district courts supplemental jurisdiction over claims

that are “part of the same case or controversy” as claims over which the district

courts have original jurisdiction); and 28 U.S.C. §§ 1390-1413 (2006 & Supp. V

2011) (provisions regarding venue in the federal district courts). See Pl.’s Resp. at

1; ECF No. 10 at 3.

Inasmuch as the Court of Federal Claims is not a federal district court, Ms.

Rajapakse cannot rely upon any of the aforementioned statutes to establish this

court’s jurisdiction. See, e.g., Crocker v. United States, 125 F.3d 1475, 1476 (Fed.

Cir. 1997) (concluding that the Court of Federal Claims “correctly held that it lacks

the general federal question jurisdiction of the district courts”); Hoag v. United

States, 99 Fed. Cl. 246, 252 n.2 (2011) (“28 U.S.C. § 1367 does not confer any

jurisdiction upon the United States Court of Federal Claims because only the

United States District Courts are authorized to exercise supplemental

jurisdiction.”) (citations and internal quotation marks omitted).3

Ms. Rajapakse also attempts to invoke this court’s jurisdiction by citing 18

U.S.C. § 371 (2012), a criminal statute. See ECF No. 10 at 3. However, it is well-

established that this court lacks jurisdiction over criminal matters. See Moore v.

United States, 94 Fed. Cl. 456, 463 (2010) (citing Joshua, 17 F.3d at 379, Mendes

v. United States, 88 Fed. Cl. 759, 762 (2009), and McCullough v. United States, 76

Fed. Cl. 1, 4 (2006)), aff’d, 419 F. App’x 1001 (Fed. Cir. 2011). Therefore, none

of the jurisdictional bases advanced by Ms. Rajapakse confer jurisdiction over her

claims, and her complaint must be dismissed.

CONCLUSION

For the foregoing reasons, the court concludes that it lacks jurisdiction over

Ms. Rajapakse’s claims and her complaint must be dismissed under RCFC

3

/ Moreover, even if 28 U.S.C. §§ 1390-1413 could apply to actions in this court, it does

not apply here because defendant challenges jurisdiction, not venue, and jurisdiction is distinct

from venue. See, e.g., 28 U.S.C. § 1390(a) (“[T]he term ‘venue’ . . . does not refer to any grant

or restriction of subject-matter jurisdiction . . . .”).

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12(b)(1) for lack of subject matter jurisdiction. Accordingly, it is hereby

ORDERED that:

(1) Defendant’s Motion to Dismiss, filed June 26, 2013, is GRANTED;

(2) The Clerk’s Office is directed to ENTER final judgment in favor of

defendant DISMISSING the complaint without prejudice; and

(3) Each party shall bear its own costs.

/s/Lynn J. Bush

Lynn J. Bush

Senior Judge

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