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Stephens v. United States Dept. of Navy

United States Court of Appeals, Fourth Circuit
Jan 4, 1979
589 F.2d 783 (4th Cir. 1979)

Summary

holding that 42 U.S.C. § 659 “merely waives the defense of sovereign immunity to state proceedings, while not creating a federal cause of action”

Summary of this case from Jacobson v. U.S.

Opinion

No. 77-2621.

Argued December 6, 1978.

Decided January 4, 1979.

Morris H. Fine, Norfolk, Va. (Howard James Marx, Fine, Fine, Legum Fine, Norfolk, Va., on brief), for appellant.

Michael A. Rhine, Asst. U.S. Atty., Norfolk, Va. (William B. Cummings, U.S. Atty., Alexandria, Va., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before HAYNSWORTH, Chief Judge, and BUTZNER and HALL, Circuit Judges.


The Virginia courts have entered judgments for the plaintiff-appellant, Mrs. Cecelia Stephens, against her former husband and against the Navy for failing to pay over to her garnisheed sums otherwise payable to him. The debts were properly garnisheed under 42 U.S.C. § 659. The Navy has refused to pay over the monies, however, because a Tennessee court, at the former husband's request, issued an injunction barring the United States from releasing payments to Mrs. Stephens.

Still seeking relief, Mrs. Stephens has now sued in federal court to enforce her Virginia court judgments. Section 659, however, does not confer federal jurisdiction. See 42 U.S.C. § 660 (part of the same statutory scheme specifically providing for federal jurisdiction in other circumstances). And jurisdiction does not lie under 28 U.S.C. § 1346(a)(2) since § 659 merely waives the defense of sovereign immunity to state proceedings, while not creating a federal cause of action. Cf. Gully v. First Nat'l Bank, 299 U.S. 109, 116, 57 S.Ct. 96, 81 L.Ed. 70 (1936).

We affirm the district court's dismissal of the complaint for want of jurisdiction.

We anticipate, however, that the government will move swiftly to resolve this dispute by instituting an interpleader action in federal court. See 28 U.S.C. § 1335. See also Stephens v. United States Department of Navy, 586 F.2d 844 (6th Cir. 1978) (Order).

AFFIRMED.


Summaries of

Stephens v. United States Dept. of Navy

United States Court of Appeals, Fourth Circuit
Jan 4, 1979
589 F.2d 783 (4th Cir. 1979)

holding that 42 U.S.C. § 659 “merely waives the defense of sovereign immunity to state proceedings, while not creating a federal cause of action”

Summary of this case from Jacobson v. U.S.

Noting that § 659 "merely waives the defense of sovereign immunity to state proceedings, while not creating a federal cause of action"

Summary of this case from Strickland v. Cnty. Council of Beaufort Cnty.

explaining that § 659 "waives the defense of sovereign immunity to state proceedings"

Summary of this case from Jacobson v. U.S.
Case details for

Stephens v. United States Dept. of Navy

Case Details

Full title:CECELIA C. STEPHENS, APPELLANT v. UNITED STATES DEPARTMENT OF THE NAVY…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 4, 1979

Citations

589 F.2d 783 (4th Cir. 1979)

Citing Cases

Jacobson v. U.S.

§ 659 applies not only to garnishments of wages and salaries of federal employees, but also to garnishments…

Young v. Young

It is now settled that § 659 did not create a federal cause of action, but merely waived the defense of…