Tootle v. Secretary of Navy

• Decision Date: 05 May 2006
• Docket Number: No. 04-5409.,04-5409.
• Citation: 446 F.3d 167
• Parties: Samuel E. TOOTLE, II, Appellant/Petitioner v. SECRETARY OF THE NAVY, Appellee/Respondent.
• Court: U.S. Court of Appeals — District of Columbia Circuit

446 F.3d 167

Samuel E. TOOTLE, II, Appellant/Petitioner v. SECRETARY OF THE NAVY, Appellee/Respondent.

No. 04-5409.

United States Court of Appeals, District of Columbia Circuit.

Argued March 10, 2006.

Decided May 5, 2006.

On Petition for Writ of Mandamus and Appeal from the United States District Court for the District of Columbia (No. 02cv02508).

Alex Little, Student Counsel, argued the cause as amicus curiae in support of appellant/petitioner. With him on the briefs were Steven H. Goldblatt, appointed by the court, David J. Arkush, Supervising Attorney, and Jonathan J. Li, Student Counsel.

Samuel E. Tootle, II, pro se, filed appellant/petitioner's brief.

Kevin K. Robitaille, Special Assistant U.S. Attorney, argued the cause for appellee/respondent. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge.

Appellant Samuel E. Tootle, II, an enlisted member of the United States Navy, filed suit in the District Court invoking the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551 et seq. (2000). His pro se petition seeks judicial review of a determination, made by a Navy physical evaluation board in 1997, that he was "fit for duty," and, thus, not eligible for medical retirement. Upon a motion from the Secretary of the Navy (the "Government"), the District Court dismissed the case for lack of subject matter jurisdiction, ruling that the cause was properly within the exclusive jurisdiction of the Court of Federal Claims. The District Court also purported to transfer the case to the Court of Federal Claims.

Under the Tucker Act, the Court of Federal Claims is vested with exclusive jurisdiction over cases involving non-tort money damages in excess of $10,000. 28 U.S.C. §§ 1491(a)(1), 1346(a)(2) (2000). "Absent other grounds for district court jurisdiction, a claim is subject to the Tucker Act and its jurisdictional consequences if, in whole or in part, it explicitly or `in essence' seeks more than $10,000 in monetary relief from the federal government." Kidwell v. Dep't of the Army, 56 F.3d 279, 284 (D.C.Cir.1995). The question before this court is whether Tootle's complaint is "in essence" one for money damages and, thus, subject to the exclusive jurisdiction of the Court of Federal Claims.

In Kidwell, we explained that a complaint is not "in essence" one for money damages "as long as the sole remedy requested is declaratory or injunctive relief that is not `negligible in comparison' with the potential monetary recovery." Id. (citation omitted). Tootle's complaint does not explicitly request money damages. Rather, Tootle seeks declaratory relief invalidating the board's determination and correcting his military records. And, the parties agree that, even if Tootle prevails on these claims, there is no guarantee that he ever will be entitled to any money from the federal government.

Furthermore, there is nothing in this record to suggest that Tootle has engaged in artful pleading in an effort to circumvent the jurisdiction of the Court of Federal Claims. Indeed, that court was his forum of first choice. It was only after the Government moved to have Tootle's complaint dismissed by the Court of Federal Claims — contending, in part, that Tootle's claim was "equitable" — that he sought relief in the District Court. Once the case was in District Court, the Government argued again that Tootle's complaint should be dismissed for want of subject matter jurisdiction. Before this court, the Government initially maintained that Tootle could obtain jurisdiction in neither the District Court nor the Court of Federal Claims, a position from which the Government now retreats, and that we categorically reject.

On the record at hand, it is clear that Tootle's complaint is not "in essence" one for money damages. We, therefore, hold that the District Court erred in dismissing the complaint for want of subject matter jurisdiction. We reverse the judgment of the District Court and remand the case so that the merits of Tootle's claims can be heard and resolved. We also grant Tootle's petition for a writ of mandamus to prevent any further purported transfer of this case from the District Court.

I. BACKGROUND

A. The Facts

Tootle enlisted in the Navy in 1979. Compl. ¶ 5, Tootle v. Sec'y of the Navy, CA No. 02-2508 (D.D.C. Sept. 15, 2004) ("Compl."), reprinted in App. to Br. of Appointed Amicus Curiae ("App.") 6, 7. In 1987, while serving on active duty, he was diagnosed with human immunodeficiency virus ("HIV"). Id. ¶ 6, reprinted in App. 7. Thereafter, he was required to undergo annual physical evaluations. During his 1995 evaluation, he was diagnosed with idiopathic thrombocytopenia purpura ("ITP"), a blood disorder that impedes clotting. Id. ¶ 8, reprinted in App. 8. The doctors determined that the ITP was caused by the HIV.

In January 1997, "as a result of his deteriorating medical condition," Tootle appeared for an evaluation by the local Medical Evaluation Board ("MEB") at Portsmouth Naval Hospital in Virginia. Id. ¶ 10, reprinted in App. 8. The evaluation took place between January 13 and 17. Id. The HIV team noted that Tootle showed a "markedly decreased platelet count of nine predispos[ing] this patient to bleeding with minimal trauma," and concluded that "[s]ince this could easily be life threatening, it is felt that this patient is unfit for duty." MEB Report, HIV Evaluation Unit (Jan. 23, 1997) at 3 (emphasis added), reprinted in App. 46, 48.

Following Navy procedure, Tootle's case was submitted to the Navy Disability Evaluation System. Compl. ¶ 29, reprinted in App. 12. On March 13, 1997, the MEB Report was reviewed by a Physical Evaluation Board ("PEB") comprised of one medical officer and two nonmedical officers. Id. ¶ 13, reprinted in App. 9. The PEB reached the preliminary conclusion that Tootle was fit, recommending a disposition of "Fit to Continue on Active Duty." Prelim. Findings of the PEB Proceedings (Mar. 13, 1997), reprinted in App. 34. The PEB gave no clear explanation for its determination. There are, however, handwritten notations on the PEB's "Disposition Work Card" that say:

(1) The patient is on [illegible]; (2) Does not rise to the 30%; (3) ITP has never bled.

See JDETS Findings & Recommended Disposition Work Card (Mar. 12, 1997), reprinted in App. 32.

On August 15, 1997, Tootle was notified by telephone of the PEB's preliminary finding. Compl. ¶ 20, reprinted in App. 11. Tootle asserts that, "[d]uring this hurried telephonic counseling," he "was not advised of his rights to appeal or to request a personal hearing." Id. The Navy allegedly attempted to contact Tootle after August 15, but with no success. On September 3, when Tootle had neither accepted nor challenged the PEB's finding, the Navy presumed his acceptance. See Presumed Acceptance of Findings (Sept. 3, 1997), reprinted in App. 36. On September 10, 1997, the PEB's preliminary determination became final. PEB's Notification of Decision (Sept. 10, 1997), reprinted in App. 41.

In November 1997, Tootle was charged with various offenses under the Uniform Code of Military Justice. He was subsequently convicted by a general court-martial on March 27, 1998, and sentenced to approximately eight years of confinement and a dishonorable discharge. Compl. ¶¶ 21-23, reprinted in App. 11; see also Report of Results of Trial (Mar. 27, 1998), reprinted in App. 60. Tootle has since been released from prison, and he is currently on active duty pending exhaustion of his criminal appeals.

B. Procedural Background

On January 7, 2002, Tootle filed a complaint in the Court of Federal Claims alleging that

he [was] statutorily entitled to Permanent Disability Retirement Pay, back pays and allowances, and retainer pays due to the Executive Agency arbitrarily denying the Plaintiff medical retirement and failing to comply with their own statutorily mandated rules, regulations, and policies.

Compl. ¶ 12, Tootle v. United States, No. 02-17C (filed Fed.Cl. Jan. 7, 2002), reprinted in App. 108, 109. The complaint asserted that the question before the court was "simple" — namely, whether Tootle met the service requirements for a medical retirement in January 1997. Id. ¶ 44, reprinted in App. 119. Tootle sought correction of his military records "to reflect that he was placed on [the] Physical Disability Retirement List [in] January 1997," and reimbursement of "all pays and allowances, in the amount of $110,457.60." Id. ¶¶ 1, 45, reprinted in App. 108, 119.

On April 19, 2002, the Government filed a motion with the Court of Federal Claims seeking dismissal of Tootle's complaint for, inter alia, want of subject matter jurisdiction. Def.'s Mot. to Dismiss at 1, Tootle v. United States, No. 02-17C (filed Fed.Cl. Apr. 19, 2002), reprinted in App. 187. The Government argued that the Tucker Act confers jurisdiction upon the Court of Federal Claims only when a claimant has an existing substantive right to money currently due and owing, and, because Tootle could not point to a statute under which money was presently due to him, the court had no jurisdiction under the Tucker Act. See id. at 7, reprinted in App. 193. Tootle had invoked 10 U.S.C. § 1201 (2000) as the basis of his entitlement for disability retirement pay, but the Government insisted that he could not meet two of the prerequisites for benefits under § 1201: first, due to his incarceration, he could not show that he was entitled to basic pay, id. at 8-9, reprinted in App. 194-95; and, second, he could not "establish that the Secretary found him `unfit to perform the duties of his office, grade, rank, or rating,'" id. at 11, reprinted in App. 197.

In seeking dismissal of Tootle's complaint before the Court...