Smith v. United States, 52 Fed. Cl. 444 (Fed. Cir. 2002). · Go Syfert
Smith v. United States, 52 Fed. Cl. 444 (Fed. Cir. 2002). Cases Citing This Book View Copy Cite
“rule 17 does not involve the second test for relation back. the real party in interest simply steps into the shoes of the timely filed plaintiff and thus is deemed timely.”
67 citation events (67 in the last 25 years) across 3 distinct courts.
Strongest positive: Holland v. United States (uscfc, 2004-10-05)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (quoted) Holland v. United States
Fed. Cl. · 2004 · quote attribution · 1 verbatim quote · confidence low
rule 17 does not involve the second test for relation back. the real party in interest simply steps into the shoes of the timely filed plaintiff and thus is deemed timely.
discussed Cited as authority (rule) Eerhart v. United States
Fed. Cl. · 2025 · confidence medium
Cir. 2013) (“The law is well settled that the Due Process clauses of both the Fifth and Fourteenth Amendments do not mandate the payment of money and thus do not provide a cause of action under the Tucker Act.”); Brown, 105 F.3d at 623 (“Because monetary damages are not available for a Fourth Amendment violation, the Court of Federal Claims does not have jurisdiction over such a violation.”); Smith v. United States, 36 F. App’x 444, 446 (Fed.
cited Cited as authority (rule) Starnes v. United States
Fed. Cl. · 2022 · confidence medium
Cir. 2003) (upholding the Court of Federal Claims’ dismissal of a Thirteenth Amendment claim); Smith v. United States, 36 F. App’x 444, 446 (Fed.
discussed Cited as authority (rule) Brashear v. United States
Fed. Cir. · 2019 · confidence medium
Cir. 2015) (determining that the Ninth and Tenth Amendments “cannot be fairly interpreted as mandating compensation by the Federal Government for damage caused by their alleged violation”); Smith v. United States, 36 F. App’x 444, 446 (Fed.
cited Cited as authority (rule) Burmaster v. United States
Fed. Cir. · 2018 · confidence medium
The Sixth Amendment does not mandate money damages under the circumstances presented here, Smith v. United States, 36 F. App’x 444, 446 (Fed.
discussed Cited as authority (rule) Shelden v. United States
Fed. Cir. · 2018 · confidence medium
Cir. 1997) (“Because monetary damages are not available for a Fourth Amendment violation, the Court of Federal Claims does not have jurisdiction over a such a viola- tion.”); Smith v. United States, 36 F. App’x 444, 446 (Fed.
cited Cited as authority (rule) Duvall v. United States
Fed. Cl. · 2018 · confidence medium
Cir. 2013); Smith v. United States, 36 Fed.
cited Cited as authority (rule) Rohland v. United States
Fed. Cl. · 2018 · confidence medium
Cir. 2007) (per curiam) (Eighth Amendment); Smith v. United States, 36 F. App'x 444, 446 (Fed.
discussed Cited as authority (rule) Maxberry v. United States
Fed. Cir. · 2018 · confidence medium
Cir. 2007) (“The Court of Federal Claims does not have jurisdiction over claims arising under the Eighth Amendment, as the Eighth Amendment is not a money-mandating provision.” (internal quotations omit- ted)); Smith v. United States, 36 F. App’x 444, 446 (Fed.
cited Cited as authority (rule) Straw v. United States
Fed. Cl. · 2017 · confidence medium
Cl. 251, 260 (2016) (quoting Smith v. United States, 36 F. App'x. 444, 446 (Fed.
cited Cited as authority (rule) Nottage v. United States
Fed. Cl. · 2017 · confidence medium
Cl. 251, 260 (quoting Smith v. United States, 36 F. App'x. 444, 446 (Fed.
discussed Cited as authority (rule) Phillips v. United States
Fed. Cl. · 2017 · confidence medium
Cl. 769, 774 (2007) ("This court, however, cannot entertain claims brought under the Thirteenth Amendment because it does not mandate the payment of money damages for its violation."); Smith v. United States, 36 Fed.
discussed Cited as authority (rule) Nickerson-Malpher v. United States
Fed. Cl. · 2017 · confidence medium
Therefore, the Court ofFederal Claims lacks jurisdiction to entertain plaintiff s First, Fourth, Sixth, and Seventh Amendment claims, as well as plaintiff s Fifth Amendment claim to the extent that it concems the Due Process Clause.8 See. e.g., Smith v. United States, 36 F. App'x 444, 446 (Fed.
discussed Cited as authority (rule) Maxberry v. United States
Fed. Cl. · 2017 · confidence medium
Cir. 2007) ("The CoUit of Federal Claims does not have jurisdiction over claims arising under the Eighth Amendment as the Eighth Amendment 'is not a money-mandating provision."') (citations omitted) (per curiam); Smith v. United States, 36 Fed.
cited Cited as authority (rule) Harris v. United States
Fed. Cir. · 2017 · confidence medium
Cir. Apr. 6, 2017) (per curiam); Smith v. United States, 36 Fed.Appx. 444, 446 (Fed.
cited Cited as authority (rule) Harvey v. United States
Fed. Cir. · 2017 · confidence medium
Cir. 2013); Smith v. United States, 36 Fed.Appx. 444, 445 (Fed.
discussed Cited as authority (rule) Chapman v. United States
Fed. Cl. · 2017 · confidence medium
Sav. & Loan Ass’n. v. United States, 52 Fed.Cl. 444, 457 (2002) (“Because joinder or substitution [under RCFC 17(a) ] has the same effect [as] if the action had originally been commenced in the name of the real party in interest, the new Plaintiff is automatically considered to have filed on time.” (quotation marks and alterations omitted)); Bank of Am., FSB v. United States, 51 Fed.Cl. 500, 512-15 (2002) (quoting Castle), aff'd sub nom.
cited Cited as authority (rule) Mercer v. United States
Fed. Cir. · 2016 · confidence medium
Order, 2016 WL 690472 , at *2 n.3 (citing Smith v. United States, 36 Fed.Appx. 444, 446 (Fed.
discussed Cited as authority (rule) Judd v. United States (2×)
Fed. Cl. · 2016 · confidence medium
Id. at *1-2 (citing Smith v. United States, 36 Fed.Appx. 444, 446 (Fed.Cir.2002); Beadles v. United States, 115 Fed.Cl. 242, 245 (2014)).
cited Cited as authority (rule) Chittenden v. United States
Fed. Cl. · 2016 · confidence medium
As the Federal Circuit has explained, the Due Process Clause does not “mandate money damages by the Government.” Smith v. United States, 36 Fed.Appx. 444, 446 (Fed.
discussed Cited as authority (rule) Judd v. United States (2×)
Fed. Cl. · 2015 · confidence medium
Id. at + 1-2 (citing Smith v. United States, 36 F. App'x 444,446 (Fed.
discussed Cited as authority (rule) Judd v. United States
Fed. Cl. · 2015 · confidence medium
Smith v. United States, 36 F. App'x 444, 446 (Fed.
discussed Cited as authority (rule) Mark Joseph Hills Tanzer v. United States
Fed. Cl. · 2013 · confidence medium
Cir. 2007) (the Court 1 28 U.S.C. § 1331 provides: The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. 2 28 U.S.C. § 1491 (a)(1) provides: The United States Court of Federal Claims shall have 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 t…
discussed Cited as authority (rule) Young v. United States
Fed. Cl. · 2010 · confidence medium
Sav. & Loan Ass’n v. United States, 52 Fed.Cl. 444, 454 (2002) (noting that the statute of limitations is not a component of subject matter jurisdiction but is instead an element of a claim against the government).
cited Cited as authority (rule) North American Specialty Insurance v. Boston Medical Group
Md. Ct. Spec. App. · 2006 · confidence medium
Sav. & Loan Ass’n v. United States, 52 Fed.Cl. 444, 454 (2002); see also 21A Fed.
discussed Cited as authority (rule) Southern California Federal Savings & Loan Assoc. v. United States (2×)
Fed. Cir. · 2005 · confidence medium
Savings & Loan Ass'n v. United States, 52 Fed.Cl. 444, 447 (2002).
cited Cited as authority (rule) Renewal Body Works, Inc. v. United States
Fed. Cl. · 2005 · confidence medium
Sav. & Loan Ass’n v. United States, 52 Fed.Cl. 444, 452 (2002).
cited Cited as authority (rule) Patton v. United States
Fed. Cl. · 2005 · confidence medium
Sav. & Loan Ass’n v. United States, 52 Fed.Cl. 444, 452 (2002).
discussed Cited as authority (rule) City of Gettysburg v. United States
Fed. Cl. · 2005 · confidence medium
Savings & Loan Assoc, v. United States, 52 Fed.Cl. 444, 452 (2002) (court may raise jurisdictional issues, such as statute of limitations, sua sponte)-, Diliberti v. United States, 2 Cl.Ct. 404, 409 (1983) (“A judge may dismiss a suit sua sponte ... in order to achieve orderly and expeditious disposition of cases.”) (citing Lopez v. Aransas County Independent School District, 570 F.2d 541 (5th Cir.1978)); see also RCFC 41(b).
cited Cited as authority (rule) Holloway v. United States
Fed. Cl. · 2004 · confidence medium
Sav. & Loan v. United States, 52 Fed.
cited Cited as authority (rule) Tindle v. United States
Fed. Cl. · 2003 · confidence medium
Sav. & Loan Ass’n v. United States, 52 Fed.Cl. 444, 451-54 (2002).
discussed Cited as authority (rule) Brice v. Secretary of the Department of Health & Human Services
Fed. Cl. · 2003 · confidence medium
Sav. & Loan v. U.S., 52 Fed.Cl. 444, 454 (2002), interpreted Spruill to hold that “a time bar defense ‘was not a matter of jurisdiction,’ ” the Federal Circuit stated clearly several months after that decision that a “statute of limitations is a jurisdictional requirement provided by Congress.” Bowen v. United States, 292 F.3d 1383, 1385 (Fed.Cir.2002).
cited Cited as authority (rule) Fifth Third Bank v. United States
Fed. Cl. · 2002 · confidence medium
S & L Ass’n v. United States, 52 Fed.Cl. 444, 458 (2002).
cited Cited "see" Allen v. United States
Fed. Cir. · 2023 · signal: see · confidence high
See Smith v. United States, 36 F. App’x 444, 446 (Fed.
cited Cited "see" Mercer v. United States
Fed. Cl. · 2016 · signal: see · confidence high
See. 9g, Smith v. United States, 36 F. App'x 444, 446 (Fed.
discussed Cited "see" Flander v. United States
Fed. Cl. · 2015 · signal: see · confidence high
See Smith v. United States, 36 F. App'x 444,446 (Fed.
cited Cited "see, e.g." Southern California Federal Savings & Loan Ass'n v. United States
Fed. Cl. · 2003 · signal: see also · confidence low
Sav. & Loan Assoc. v. United States, 51 Fed.Cl. 676 (2002) (denying reconsideration); see also 52 Fed.Cl. 444 (2002) (denying intervention).
James Soloman SMITH, Jr.
v.
UNITED STATES
No. 02-5063.
Court of Appeals for the Federal Circuit.
Jun 5, 2002.
52 Fed. Cl. 444
PER CURIAM.

James Soloman Smith, Jr., appeals the November 26, 2001 decision of the United States Court of Federal Claims dismissing his complaint for lack of jurisdiction. Because the Court of Federal Claims lacks jurisdiction over the asserted claims, this court affirms.

BACKGROUND

In 1992, Mr. Smith was convicted of first-degree arson in a Georgia Superior Court and incarcerated. Mr. Smith sought and obtained a writ of habeas corpus from the United States District Court for the Northern District of Georgia. The writ ordered his conditional release unless the State of Georgia permitted him to appeal his conviction with the assistance of appointed counsel. Subsequently, Mr. Smith filed a complaint in the same district court, seeking money damages from the investigating police officer and Clayton County, Georgia, for alleged constitutional and due process violations. The district court granted summary judgment for the defendants, and the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s decision.

Mr. Smith then filed a complaint against the United States in the Court of Federal Claims, setting forth essentially the same allegations presented to the district court. The only new claim raised by Mr. Smith in his Court of Federal Claims complaint was an allegation that the State of Georgia forced him into involuntary servitude in violation of the Thirteenth Amendment. Mr. Smith did not allege a takings claim under the Fifth Amendment. On November 26, 2001, the Court of Federal Claims dismissed Mr. Smith’s complaint for lack of jurisdiction.

DISCUSSION

The jurisdiction of the United States Court of Federal Claims is a question of law that this court reviews without deference. James M. Ellett Constr. Co. v. United States, 93 F.3d 1537, 1541 (Fed.Cir.1996). The Tucker Act, which defines the jurisdiction of the Court of Federal Claims, states:

The United States Court of Federal Claims shall have 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) (2000). Under this statute, the Court of Federal Claims has jurisdiction “when the constitutional provision, statute, or regulation in question expressly creates a substantive right enforceable against the federal government for money damages.” LeBlanc v. United States, 50 F.3d 1025, 1028 (Fed.Cir.1995) (citing United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976)). The Tucker Act waives the Government’s sovereign immunity only where a plaintiff asserts a claim under a separate money-mandating constitutional provision, statute, or regulation. LeBlanc, 50 F.3d at 1028; United States v. Mitchell, 463 U.S. 206, 218, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983).

None of the constitutional provisions cited by Mr. Smith mandate the payment of money damages by the United States. First, Mr. Smith alleges that the defen[*446] dants violated his Fourth Amendment rights. The Court of Federal Claims lacks jurisdiction over such an action because “monetary damages are not available for a Fourth Amendment violation.” Brown v. United States, 105 F.3d 621, 623-24 (Fed.Cir.1997). Second, Mr. Smith claims that the defendants violated his rights under the Due Process Clauses of the Fifth and Fourteenth Amendments. Neither of these clauses is a sufficient basis for jurisdiction because they do not mandate money damages by the Government. LeBlanc, 50 F.3d at 1028. Finally, Mr. Smith alleges violations of his Sixth and Thirteenth Amendment rights. The Court of Federal Claims similarly lacks jurisdiction for these claims. Dupre v. United States, 229 Ct.Cl. 706, 706 (Ct.Cl.1981) (court lacks jurisdiction because the Sixth Amendment does not obligate the United States to pay money damages); Carter v. United States, 228 Ct.Cl. 898, 900 (Ct.Cl.1981) (court lacks jurisdiction over non-contractual monetary claims under the Thirteenth Amendment).

The Court of Federal Claims also lacks jurisdiction on Mr. Smith’s previously raised claims because he made those claims before the district court, and that court has already ruled on Mr. Smith’s claims. “[T]he Court of Federal Claims does not have jurisdiction to review the decisions of district courts ... relating to proceedings before those courts.” Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir.1994). Therefore, the Court of Federal Claims cannot review the district court’s decision.

Furthermore, the Court of Federal Claims lacks jurisdiction over the civil rights violations alleged by Mr. Smith under 42 U.S.C. § 1983 (1994). In sum, Mr. Smith alleges no claim for which the Court of Federal Claims possesses jurisdiction.

CONCLUSION

Because the Court of Federal Claims lacks jurisdiction over the asserted claims, this court affirms.