B-144675, JUN. 17, 1964
Highlights
WE ADVISED YOU ON SEVERAL DATES 1962 AND 1963 THAT WE HAVE NO INFORMATION CONCERNING YOUR EMPLOYMENT AND THAT WE HAVE NO JURISDICTION IN SUCH MATTER. OUR JURISDICTION IN THAT REGARD IS LIMITED TO OUR OWN EMPLOYEES. IT DOES NOT APPEAR FROM THE INFORMATION CONTAINED IN YOUR CLAIM AND THE ENCLOSURES SUBMITTED THAT YOUR CLAIM IS ONE COGNIZABLE UNDER THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT. YOU MAY BE ADVISED THAT UNDER THE DOCTRINE OF SOVEREIGN IMMUNITY THE FEDERAL GOVERNMENT IS NOT LIABLE FOR TORT COMMITTED IN ITS SERVICE BY OFFICERS AND EMPLOYEES UNLESS IT CONSENTS TO SUCH LIABILITY. THE HEAD OF EACH FEDERAL AGENCY IS GIVEN EXCLUSIVE AUTHORITY TO CONSIDER AND SETTLE CLAIMS FOR MONEY DAMAGES OF $2.
B-144675, JUN. 17, 1964
TO MR. STEVEN F. CAPASSO:
YOUR LETTER OF MAY 8, 1964, ENCLOSING NUMEROUS PAPERS, MAKES A DEMAND AGAINST THE UNITED STATES AIR FORCE AND RELATED RESPONSIBLE PERSONAGES FOR WILFUL ACTS TO DEPRIVE YOU OF YOUR RIGHT TO EMPLOYMENT AND FOR FINANCIAL LOSS OF $168,000 AS A RESULT THEREOF.
WE ADVISED YOU ON SEVERAL DATES 1962 AND 1963 THAT WE HAVE NO INFORMATION CONCERNING YOUR EMPLOYMENT AND THAT WE HAVE NO JURISDICTION IN SUCH MATTER. OUR JURISDICTION IN THAT REGARD IS LIMITED TO OUR OWN EMPLOYEES.
THE CLAIM, WHICH SOUNDS IN TORT, APPEARS TO BE FOR DAMAGES ALLEGEDLY SUSTAINED FROM LOSS OF EMPLOYMENT AND LOSS OF OPPORTUNITIES FOR EMPLOYMENT BECAUSE OF ACTS OF CERTAIN OFFICIALS IN THE DEPARTMENT OF THE AIR FORCE. IT DOES NOT APPEAR FROM THE INFORMATION CONTAINED IN YOUR CLAIM AND THE ENCLOSURES SUBMITTED THAT YOUR CLAIM IS ONE COGNIZABLE UNDER THE PROVISIONS OF THE FEDERAL TORT CLAIMS ACT, 28 U.S.C. 2671-2680. HOWEVER, YOU MAY BE ADVISED THAT UNDER THE DOCTRINE OF SOVEREIGN IMMUNITY THE FEDERAL GOVERNMENT IS NOT LIABLE FOR TORT COMMITTED IN ITS SERVICE BY OFFICERS AND EMPLOYEES UNLESS IT CONSENTS TO SUCH LIABILITY. SUCH CONSENT HAS BEEN GIVEN IN REGARD TO CERTAIN TORT CLAIMS UNDER THAT ACT, 28 U.S.C. 2671-2680. UNDER THE PROVISIONS OF THE ACT, THE HEAD OF EACH FEDERAL AGENCY IS GIVEN EXCLUSIVE AUTHORITY TO CONSIDER AND SETTLE CLAIMS FOR MONEY DAMAGES OF $2,500 OR LESS, 28 U.S.C. 2672. EXCLUSIVE JURISDICTION OF CIVIL ACTIONS ON CLAIMS FOR MONEY DAMAGES OVER THAT AMOUNT IS VESTED IN THE FEDERAL DISTRICT COURT, 28 U.S.C. 1346 (B). YOU CAN SEE FROM THE FOREGOING THAT OUR OFFICE HAS NO JURISDICTION UNDER THE ACT WITH RESPECT TO TORT CLAIMS ARISING IN ANY FEDERAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE.
IF YOU WISH TO PURSUE THE MATTER FURTHER WE SUGGEST THAT IT WOULD BE TO YOUR BENEFIT TO CONSULT AN ATTORNEY BEFORE ATTEMPTING ANY ACTION UNDER THE FEDERAL TORT CLAIMS ACT.