Jones v. United States, 440 F. App'x 916 (Fed. Cir. 2011). · Go Syfert
Jones v. United States, 440 F. App'x 916 (Fed. Cir. 2011). Cases Citing This Book View Copy Cite
113 citation events (113 in the last 25 years) across 6 distinct courts.
Strongest positive: Ricks v. United States (uscfc, 2026-06-08)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ricks v. United States
Fed. Cl. · 2026 · quote attribution · 1 verbatim quote · confidence high
to the extent that asked the to review any of the judgments of the minnesota state and federal courts with respect to his criminal case, the does not have the authority to review such decisions.
discussed Cited as authority (verbatim quote) Hollowell v. United States (2×) also: Cited as authority (rule)
Fed. Cl. · 2025 · quote attribution · 1 verbatim quote · confidence high
it is axiomatic that the court of federal claims lacks jurisdiction to review the decisions of state or federal courts.
examined Cited as authority (verbatim quote) Doiban v. United States (3×) also: Cited as authority (rule), Cited "see, e.g."
Fed. Cl. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he correctly stated that it has no jurisdiction over criminal matters generally.
discussed Cited as authority (verbatim quote) Donnelly v. United States
Fed. Cl. · 2023 · quote attribution · 1 verbatim quote · confidence high
to the extent that asked the to review any of the judgments of the minnesota state and federal courts with respect to his criminal case, the does not have the authority to review such decisions.
discussed Cited as authority (verbatim quote) Donnelly v. United States
Fed. Cl. · 2023 · quote attribution · 1 verbatim quote · confidence high
to the extent that asked the to review any of the judgments of the minnesota state and federal courts with respect to his criminal case, the does not have the authority to review such decisions.
discussed Cited as authority (verbatim quote) Morgan v. United States
Fed. Cl. · 2021 · quote attribution · 1 verbatim quote · confidence high
to the extent that asked the to review any of the judgments of the minnesota state and federal courts with respect to his criminal case, the does not have the authority to review such decisions.
discussed Cited as authority (verbatim quote) Smith v. City of Grand Island
D. Neb. · 2020 · quote attribution · 1 verbatim quote · confidence high
seizure of convicted prisoners and their personal property are not the kinds of takings that are prohibited by the fifth amendment.
discussed Cited as authority (verbatim quote) Taylor v. United States
Fed. Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
he correctly stated that it has no jurisdiction over criminal matters generally.
examined Cited as authority (verbatim quote) Foster v. United States
Fed. Cl. · 2015 · quote attribution · 1 verbatim quote · confidence high
to the extent that jones asked the cfc to review any of the judgments of the minnesota state and federal courts with respect to his criminal case, the cfc does not have the authority to review such decisions.
cited Cited as authority (rule) Dawson-Paschall v. United States
Fed. Cl. · 2026 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) McLarnon v. United States
Fed. Cl. · 2026 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Turner v. United States
Fed. Cl. · 2026 · confidence medium
The court also lacks “jurisdiction over criminal matters generally.” Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Brown v. United States
Fed. Cl. · 2026 · confidence medium
This Court may not review criminal convictions, Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Benavides v. United States
Fed. Cl. · 2026 · confidence medium
Cir. 2017) (“We are not aware of any case that establishes a property interest in freedom from bodily harm.”); Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Lofton v. United States (2×) also: Cited "see"
Fed. Cl. · 2026 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed. -3- Cir. 2011); Joshua v. United States, 17 F.3d 378, 380 (Fed.
discussed Cited as authority (rule) Rogers v. Secretary of Health and Human Services (2×) also: Cited "see"
Fed. Cl. · 2026 · confidence medium
This Court also lacks jurisdiction over criminal claims, and this Court may not “adjudicate any claims whatsoever under the federal criminal code.” See, e.g., Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Cassaday v. United States
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Burton v. United States
Fed. Cl. · 2025 · confidence medium
Indeed, the Court “has no jurisdiction over criminal matters 7 generally.” Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Czech v. United States
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Nofflett v. United States
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Parra v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 1994) (“The court has no jurisdiction to adjudicate any claims whatsoever under the federal criminal code.”); Jones v. United States, 440 F. App’x 916, 918 (2011) (noting that this Court “has no jurisdiction over criminal matters generally”).
cited Cited as authority (rule) Caldwell v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 2011); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Rodriguez v. United States
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed Cir. 2011); see also Joshua v. United States, 17 F.3d 378, 380 (Fed.
cited Cited as authority (rule) Johnson v. United States
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Thornton El v. United States (2×)
Fed. Cl. · 2025 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Snelling v. United States
Fed. Cl. · 2025 · confidence medium
Keene Corp. v. United States, 508 U.S. 200, 214 (1993) (recognizing that “tort cases are outside the jurisdiction of the Court of Federal Claims”); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Somerset v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 2011); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Miles v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 1993); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Vaughn v. United States
Fed. Cl. · 2024 · confidence medium
Cir. 2001); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Frazier v. United States
Fed. Cl. · 2024 · confidence medium
Cir. 1994); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Paschall v. United States
Fed. Cl. · 2024 · confidence medium
Cl. 204, 209 (2013); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Barksdale v. United States
Fed. Cl. · 2024 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) McClain v. United States
Fed. Cl. · 2024 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Hagstrom v. United States
Fed. Cl. · 2024 · confidence medium
Cir. 1994) (underscoring the Court’s “specific civil jurisdiction”); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) McSean v. Bullock
E.D. Mo. · 2024 · confidence medium
“Seizure of convicted prisoners and their personal property are not the kinds of takings that are prohibited by the Fifth Amendment.” See Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Collier v. United States
Fed. Cir. · 2023 · confidence medium
Cir. 2018) (RICO); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Donnelly v. United States
Fed. Cir. · 2023 · confidence medium
See Joshua, 17 F.3d at 379 ; Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Lomax v. United States
Fed. Cir. · 2023 · confidence medium
The Court of Federal Claims was clearly correct that it lacked jurisdiction over Ms. Lomax’s collat- eral attacks on decisions of state and federal courts with respect to criminal matters, Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Scott v. United States
Fed. Cl. · 2023 · confidence medium
Relatedly, this Court also may not “review any of the judgments of the [Oklahoma] state and federal courts with respect to [Mr. Scott’s] criminal case[.]” Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Swanson v. United States
Fed. Cl. · 2023 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Witchard v. United States
Fed. Cl. · 2023 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Whitmore v. United States
Fed. Cl. · 2023 · confidence medium
Cl. 713, 716 (2014) (citing Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Whitmore v. United States
Fed. Cl. · 2023 · confidence medium
Cl. 713, 716 (2014) (citing Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Sanganza v. United States
Fed. Cl. · 2023 · confidence medium
This Court lacks subject matter jurisdiction to entertain any of Plaintiff’s requests, as the United States Court of Federal Claims “does not have the authority” to “review any of the judgments of” “federal courts with respect to [Plaintiff’s] criminal case.” Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Biestek v. United States
Fed. Cl. · 2022 · confidence medium
Cir. 1994); Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Sepehry-Fard v. United States
Fed. Cl. · 2022 · confidence medium
Jones v. United States, 440 F. App’x 916, 918 (Fed.
cited Cited as authority (rule) Gray v. United States
Fed. Cl. · 2022 · confidence medium
Cir. 1994); Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Kornafel v. United States
Fed. Cl. · 2022 · confidence medium
The Clerk of the Court is directed to reject all future correspondence from Mr. Kornafel unless filed by leave of the Court. 3 To the extent that Mr. Kornafel seeks to challenge the outcome of the court proceedings discussed in his Complaint, see Compl. at 5, it is axiomatic that this Court lacks the jurisdiction to review decisions of state or federal district courts, see, e.g., Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Aljindi v. United States
Fed. Cir. · 2022 · confidence medium
And, in consid- ering Dr. Aljindi’s allegations that the judicial misconduct involved criminal conduct or torts, the court explained that it lacks “jurisdiction over criminal matters,” SAppx. 2–3 (quoting Jones v. United States, 440 F. App’x 916, 918 (Fed.
discussed Cited as authority (rule) Aljindi v. United States
Fed. Cir. · 2022 · confidence medium
And, in consid- ering Dr. Aljindi’s allegations that the judicial misconduct involved criminal conduct or torts, the court explained that it lacks “jurisdiction over criminal matters,” SAppx. 2–3 (quoting Jones v. United States, 440 F. App’x 916, 918 (Fed.
Retrieving the full opinion text from the archive…
Baron Montero JONES, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee
2011-5025.
Court of Appeals for the Federal Circuit.
Sep 9, 2011.
440 F. App'x 916
Baron Montero Jones, Minneapolis, MN, pro se., Armando A. Rodriguez-Feo, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.
Newman, O'Malley, Per Curiam, Reyna.
Cited by 74 opinions  |  Unpublished
PER CURIAM.

Baron Montero Jones (“Jones”) appeals the decision of the United States Court of Federal Claims (“CFC”) dismissing his complaint for lack of subject matter jurisdiction. We have jurisdiction to review this final decision of the CFC pursuant to 28 U.S.C. § 1295(a)(3). Because we agree that the CFC did not have jurisdiction over Jones’ claims, we affirm.

I. BACKGROUND

Jones was convicted in 2004 by a Minnesota jury for three counts of criminal sexual conduct and one count of first degree burglary, and was sentenced to 72 months in prison. Jones unsuccessfully appealed his conviction numerous times in state and federal courts. The central error alleged by Jones was that the Minnesota state court trial judge improperly admitted electronic evidence against him, namely, an audio recording of Jones made while he was being detained by a private security guard.

Proceeding pro se, Jones filed a complaint at the CFC challenging the decisions of the state and federal courts. Jones’ complaint alleged, among other challenges to his conviction, that the audio recording evidence was admitted in violation of the Fourth and Fifth Amendments to the United States Constitution, and in violation of 18 U.S.C. § 2515, which prohibits intercepted wire or oral communications from being used as evidence.

Jones’ complaint alleged that the CFC had jurisdiction over these matters pursuant to the Tucker Act, 28 U.S.C. § 1491. Jones also alleged that the CFC had jurisdiction via the Takings Clause of the Fifth Amendment, since his incarceration deprived him of his liberty and personal property without just compensation. The CFC rejected these arguments, concluding that the Tucker Act does not provide the CFC with jurisdiction over the criminal matters raised by Jones, nor does the CFC have the authority to review the decisions of state or federal district courts. Further, the anti-wiretapping statute of 18 U.S.C. § 2515 was not deemed a money-mandating statute which could support a . claim against the United States under the Tucker Act. Lastly, the CFC rejected Jones’ position with respect to the Takings Clause, explaining that being deprived of one’s personal liberty and property due to incarceration is not an unconstitutional taking. Accordingly, the CFC granted the government’s motion for summary dismissal, finding that it lacked jurisdiction. This appeal followed.

II. Discussion

The CFC is a court of limited subject matter jurisdiction. See Souders v. S.C. Pub. Serv. Auth., 497 F.3d 1303, 1307 (Fed.Cir.2007). The Tucker Act provides[*918] that the CFC has jurisdiction over “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). Because the Tucker Act is a jurisdictional statute that does not create any substantive rights, litigants must “identify a substantive right for money damages against the United States separate from the Tucker Act itself.” Todd v. United States, 386 F.3d 1091, 1094 (Fed.Cir.2004).

Having been unsuccessful with his appeals in Minnesota state and federal court, Jones now attempts to shoehorn essentially the same challenges to his conviction into a claim before the CFC. As a threshold matter, the CFC correctly stated that it has no jurisdiction over criminal matters generally. See 28 U.S.C. § 1491. To the extent that Jones asked the CFC to review any of the judgments of the Minnesota state and federal courts with respect to his criminal case, the CFC does not have the authority to review such decisions. See id.; Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005) (noting that, under the Rooker-Feldman doctrine, federal district courts cannot hear “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.”); Allustiarte v. United States, 256 F.3d 1349, 1352 (Fed.Cir.2001) (“[T]he Court of Federal Claims does not have jurisdiction to review the decisions of district courts.”).

Jones’ argument that his incarceration constitutes a taking of his person and property without just compensation likewise has no merit. Although the takings clause of the Fifth Amendment is a money-mandating source under the Tucker Act, Jan’s Helicopter Serv. v. FAA, 525 F.3d 1299, 1309 (Fed.Cir.2008), the Fifth Amendment prohibits only “private property be[ing] taken for public use, without just compensation.” U.S. Const, amend. V. Seizure of convicted prisoners and their personal property are not the kinds of takings that are prohibited by the Fifth Amendment. See Castro v. United States, 364 Fed.Appx. 619, 620 (Fed.Cir.2010) (rejecting alleged unjust imprisonment as a possible violation of the Fifth Amendment takings clause); Paalan v. United States, 120 Fed.Appx. 817, 822-823 (Fed.Cir.2005) (“[Njeither the seizure of items of eviden-tiary value nor the retention of personal property that Mr. Paalan was not allowed to retain during his incarceration constituted takings for which the government was required to pay just compensation.”).

The closest Jones comes to stating a claim that might be properly before the CFC is that which relates to the federal anti-wiretapping laws. See Jones’ Informal Br. at 1 (citing 18 U.S.C. §§ 2515, 2520). 18 U.S.C. § 2515 provides that “[wjhenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding....” A violation of this statute permits the victim of such wiretapping to recover civil damages “from the person or entity, other than the United States, which engaged in that violation. ...” 18 U.S.C. § 2520 (emphasis added). While these anti-wiretapping statutes may provide a cause of action for damages against the violator, the statutes expressly exclude the United States from any damages liability. Thus, there can be no juris[*919] diction under the Tucker Act, which applies only to “claim[s] against the United States,” for Jones’ claim under the federal anti-wiretapping statutes. 28 U.S.C. § 1491. Even if Jones had a tenable claim under the anti-wiretapping statutes against one or more individual federal officers, that would still not give rise to jurisdiction under the Tucker Act, which is strictly limited to suits against “the United States.” Brown v. United States, 105 F.3d 621, 624 (Fed.Cir.1997) (“The Tucker Act grants the Court of Federal Claims jurisdiction over suits against the United States, not against individual federal officials.”).

For these reasons, the judgment of the Court of Federal Claims is

AFFIRMED.

Costs

No costs.