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215 Ct. Cl. 913

Silbert

United States Court of Claims

Decided September 30, 1977

United States Court of Claims · decided 1977-09-30

Key passage — most relied on by later courts

“(1) The United States Claims Court 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 unliq-uidated damages in cases not sounding in tort.... (2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records....”

quoted by 1 later decision, including Voge v. United States

Applies 28 U.S.C. § 1491

Relies on United States v. Testan · United States v. King

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-30

How this case has been cited

Cited by 3 later decisions — most recently December 2009

101977198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1"This case comes before the court on defendant’s motion to dismiss for lack of jurisdiction of the alleged claim. The motion was considered together with plaintiffs response thereto, without oral argument.

¶2"In the instant case plaintiff, a former Internal Revenue Service employee, is seeking to have a form (SF 50) in his personnel file changed to reflect a voluntary resignation rather than a resignation under threat of termination. Plaintiffs sole request is to have the change made. He does not seek any monetary relief.

¶3"Plaintiffs petition confirms that plaintiffs resignation was voluntary. Accordingly, plaintiff pleads no monetary claim against the United States and could not plead a monetary claim against the United States. Dounias v. United States, 209 Ct. Cl. 688 (1976). Accordingly, as plaintiff has no monetary claim against the United States in the facts pleaded, this court has no jurisdiction to grant the equitable relief sought and the petition must be dismissed. United States v. King, 395 U.S. 1 (1969).

¶4"Plaintiff argues that Public Law 92-415, enacted in 1972, granted this court jurisdiction to issue orders directing the ' correction of applicable records, .’ 28 U.S.C. §1491 (Supp. V, 1975). However, plaintiff fails to note that this jurisdiction was given only as ' an incident of and collateral to any such (money) judgment.’ *91428 U.S.C. § 1491. The authority to order the correction of records thus applies only to cases already within the Court of Claims’ jurisdiction, i.e., claims for a money judgment. Public Law 92-415 did not extend the class of cases over which this court has jurisdiction. United States v. Testan, 424 U. S. 392, 404 (1976). Therefore,

¶5"it is ordered that defendant’s motion to dismiss for lack of jurisdiction is allowed. Plaintiffs petition is dismissed.”

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