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Sanders v. United States

Dismissal of complaint for lack of subject matter jurisdiction affirmed where plaintiff sought money damages for the United States government's alleged breach of an agreement with criminal defendant concerning his release on bail after trial; the claim was not cognizable because the agreement -- a court-ordered stipulation -- did not clearly and unmistakably subject the United States to monetary liability for any breach.

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Appealed from: United States Court of Federal Claims Senior Judge Robert J. Yock

This case presents the question of whether the United States government’s alleged breach of an agreement with a criminal defendant concerning his release on bail after trial gives rise to a claim for money damages cognizable in the Court of Federal Claims. We hold that such a claim is cognizable only if the agreement clearly and unmistakably subjects the United States to monetary liability for any breach. The agreement here – a court-approved stipulation that released the defendant on bail pending sentencing and appeal of his criminal conviction – did not clearly and unmistakably signal the government’s intent to be subject to such monetary liability. We accordingly affirm the decision of the Court of Federal Claims dismissing the complaint sua sponte for lack of subject matter jurisdiction. Sanders v. United States, No. 00-528C (Fed. Cl. Oct. 10, 2000).

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