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Weaver v. United States

United States Court of Appeals, Tenth Circuit
Apr 29, 1996
98 F.3d 518 (10th Cir. 1996)

Summary

holding that a district court properly dismissed a veteran's claims against the VA for conspiracy, fraud, and misrepresentation because, through those claims, the veteran sought “review of actions taken in connection with the denial of [his] administrative claim for benefits”

Summary of this case from King v. U.S. Dep't of Veterans Affairs

Opinion

No. 95-3244.

Filed April 29, 1996. Ordered Published October 16, 1996.

Appeal from the United States District Court for the District of Kansas.

(D.C. No. 94-CV-4202)

SUBMITTED ON THE BRIEFS:

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Before ANDERSON, BARRETT, and LOGAN, Circuit Judges.


Roland S. Weaver appeals the district court's decision dismissing his case for lack of subject matter jurisdiction. We affirm.

In October 1994, Weaver filed a pro se complaint seeking "[a]ggravated service connected disability compensation." R. Vol. I, Tab 2, at 5. His complaint stated that the regional office of the Veterans Administration (VA) had ruled against him on his claim for disability benefits in December, 1988. Id. at 3. He alleged that certain VA employees had (1) conspired with members of the military to conceal or lose his medical records, in an attempt to prevent him from receiving just military disability compensation, and to practice "usery" [sic] on him with no intent to rule in his favor, id. at 1; (2) violated their fiduciary trust and contractual agreement with him, under color of law, id. at 2; (3) violated the "Soldiers and Sailors Relief Act of 1940," id.; (4) rendered a biased decision against him, with intent to refuse him or his counsel the right to view his medical records, id. at 3; (5) "violated R.I.C.O.," id. at 4; and (6) conspired to commit fraud and misrepresentation, and wasted government funds, id. Weaver sought compensatory and punitive damages and "R.I.C.O. prosecution of `all' responsible parties." Id.

Despite labeling his complaint a petition for "injunctive relief," Weaver requested only money damages as relief for the alleged civil wrongs. His request for criminal prosecution in this civil action was legally frivolous and will not be considered further.

On motion of the government, the district court substituted the United States as the proper party defendant. See R. Vol. I, Tabs 4, 16. The court then granted the government's motion to dismiss, concluding it lacked subject matter jurisdiction over a complaint seeking review of a VA decision that denied individual benefits. See id., Tab 27, at 3-4.

We review de novo the district court's order dismissing the case for lack of subject matter jurisdiction. Brumark Corp. v. Samson Resources Corp., 57 F.3d 941, 944 (10th Cir. 1995). We may affirm the district court's dismissal on any basis supported by the record and the law. United States v. Sandoval, 29 F.3d 537, 542 n. 6 (10th Cir. 1994).

The district court properly concluded that it lacked subject matter jurisdiction over Weaver's claim for veteran disability benefits or for a review of the VA's administrative decision in Weaver's case. Federal law provides that such decisions are unreviewable in the federal courts:

The Secretary [of Veterans Affairs] shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans. . . . [T]he decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.

38 U.S.C. § 511(a) (emphasis added); see Johnson v. Robison, 415 U.S. 361, 370 (1974) (recognizing statute's dual purpose of insulating courts and VA from veteran benefits litigation and of insuring uniform determinations of benefits and application of VA policy) (construing predecessor statute, 38 U.S.C. § 211(a)); Tietjen v. United States Veterans Administration, 884 F.2d 514, 515 (9th Cir. 1989) (affirming district court dismissal under Section(s) 211(a) of challenge to benefits determination); H.R. Rep. No. 1166, 91st Cong., 2d Sess. (1970), reprinted in 1970 U.S.C.C.A.N. 3723, 3731 ("Congress intends to exclude from judicial review all determinations with respect to noncontractual benefits provided for veterans. . . .").

Besides challenging the underlying benefits determination, Weaver's complaint contains additional allegations of "conspiracy," "fraud," "misrepresentation," and so forth, against individual VA officials. We examine the substance of these allegations, rather than the plaintiff's labels, to determine their true nature. Cf. Tietjen, 884 F.2d at 515. Without exception, they seek review of actions taken in connection with the denial of Weaver's administrative claim for benefits. They are, in substance, nothing more than a challenge to the underlying benefits decision. Cf. id. (holding that substance of complaint sought review of benefits determination, despite characterization as a constitutional challenge). Dismissal for lack of subject matter jurisdiction was therefore appropriate.

We note that Weaver's complaint also seeks monetary damages in excess of the benefits sought and denied. See R. Vol. I, Tab 2, at 4. Assuming, then, that his allegations against the individual VA employees are separate claims not precluded from judicial review by 38 U.S.C. § 511(a), they are nevertheless barred by the United States' immunity as a sovereign. "It is elementary that `[t]he United States, as sovereign, is immune from suit save as it consents to be sued . . ., and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit.'" United States v. Mitchell, 445 U.S. 535, 538 (1980) (quoting United States v. Sherwood, 312 U.S. 584, 586 (1941)). "A waiver of sovereign immunity `cannot be implied but must be unequivocally expressed.'" Id. (quoting United States v. King, 395 U.S. 1, 4 (1969)). Weaver's pleadings offer no grounds for finding an express waiver of immunity over any of the claims in question and, therefore, no proper grounds for jurisdiction in federal court.

Neither the Soldiers' and Sailors' Civil Relief Act of 1940, 50 App. U.S.C. § 501-593, nor the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961-1968 — the two federal statutes mentioned by name in Weaver's complaint — provide such an express waiver.

On appeal, Weaver argues that jurisdiction is appropriate, and sovereign immunity inapplicable, under Hafer v. Melo, 502 U.S. 21 (1991). See Appellant's Rebuttal to Defs. Mot. to Dismiss at 1 Para(s) 1-2 (referencing, without citation, "HAEFER V. MELO"). Hafer, however, was an action under 42 U.S.C. § 1983 holding that state officials could be personally liable for damages based on actions taken in their official capacities; it does not apply in this case. Weaver's own argument on appeal recognizes that the named individual defendants were "operating within their `official Capacity', as Agents, for the U.S. Government." Id. Para(s) 2 (emphasis added). "When an action is one against named individual defendants, but the acts complained of consist of actions taken by defendants in their official capacity as agents of the United States, the action is in fact one against the United States." Atkinson v. O'Neill, 867 F.2d 589, 590 (10th Cir. 1989) (emphasis added). As such, the district court properly substituted the United States as the party defendant in this case, and the doctrine of sovereign immunity precludes this suit. See Atkinson, 867 F.2d at 590; National Commodity Barter Ass'n v. Gibbs, 886 F.2d 1240, 1246 (10th Cir. 1989) (plaintiff cannot avoid federal government's sovereign immunity simply by naming individual officers and employees as defendants); see also 28 U.S.C. § 2679(d)(1) (district court shall substitute United States as party defendant upon government certification that defendant employees acted within scope of employment); R. Vol. I, Tab 4 attach. (government certification).

For these reasons, we conclude the district court properly dismissed the complaint.

We need not consider the other issues Weaver raises for the first time in the materials he has submitted to this court. See Walker v. Mather (In re Walker), 959 F.2d 894, 896 (10th Cir. 1992).

AFFIRMED. The mandate shall issue forthwith.


Summaries of

Weaver v. United States

United States Court of Appeals, Tenth Circuit
Apr 29, 1996
98 F.3d 518 (10th Cir. 1996)

holding that a district court properly dismissed a veteran's claims against the VA for conspiracy, fraud, and misrepresentation because, through those claims, the veteran sought “review of actions taken in connection with the denial of [his] administrative claim for benefits”

Summary of this case from King v. U.S. Dep't of Veterans Affairs

holding when the substance, not the label, of a veteran's claim concerns a benefits decision the district court lacks subject-matter jurisdiction

Summary of this case from Turner v. United States

holding that claims for veteran disability benefits are unreviewable in federal courts

Summary of this case from Mehrkens v. Blank

holding that an action against federal employees in their official capacity is in fact an action against the United States

Summary of this case from Doe v. Doe

holding that plaintiff's allegations of conspiracy, fraud, and misrepresentation were "in substance, nothing more than a challenge to the underlying benefits decision"

Summary of this case from Willess v. United States

holding that § 511 deprived district court of jurisdiction over claims against individual VA officials for all of their "actions taken in connection with the denial" of a veteran's benefits

Summary of this case from Bluestein v. Levenson

finding no jurisdiction where the claimant sued for conspiracy and fraud, claiming that VA employees concealed his medical records

Summary of this case from Veterans for Common Sense v. Shinseki

finding no jurisdiction where the claimant sued for conspiracy, fraud, and misrepresentation and claimed that VA employees concealed his medical records

Summary of this case from Ann Wright v. United States

finding no jurisdiction where the claimant sued for conspiracy, fraud, and misrepresentation, claiming that VA employees concealed his medical records

Summary of this case from Wright v. United States

concluding that dismissal of allegations of "conspiracy," "fraud," and "misrepresentation" pursuant to the Act was appropriate because the substance of claims, not the labels assigned, governs jurisdictional determinations

Summary of this case from Anestis v. United States

determining that a district court lacked subject matter jurisdiction to consider a litigant's allegations of conspiracy, fraud, and misrepresentation against DVA officials as the litigant ultimately sought "review of actions taken in connection with the denial of [his] administrative claim for benefits" and thus his claims were "nothing more than a challenge to the underlying benefits decision"

Summary of this case from Ibrahim v. U.S. Dep't of Veteran Affairs

affirming district court's dismissal of a plaintiff's claim for veterans' disability benefits

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

affirming district court's dismissal of "conspiracy," "fraud" and "misrepresentation" claims where allegations in complaint revealed that such claims were simply challenges to underlying benefits decision

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

affirming district court's dismissal of a plaintiff's claim for veterans' disability benefits

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

affirming district court's dismissal of a plaintiff's claim for veterans' disability benefits

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

rejecting labels like "conspiracy," "fraud," and "misrepresentation" in concluding that the substance of the claim was "nothing more than a challenge to the underlying benefits decision"

Summary of this case from James v. U.S. Coast Guard

recognizing that a claim based on actions by defendants in their official capacity as agents of the United States is actually a claim against the United States itself, and is thus barred by sovereign immunity

Summary of this case from Hudson v. Cahill

In Weaver, the substance of the allegations clearly demonstrated that the veteran was asking the district court to review actions taken in connection with the denial of his benefits, as well as the VA's benefits determination, in contravention of § 511(a).

Summary of this case from Spencer v. Fromme

In Weaver v. United States, 98 F.3d 518, 520 (10th Cir.1996), the Tenth Circuit held that where the veteran tried to sue the VA for conspiracy and fraud in concealing records that resulted in a denial of benefits, the district court lacked jurisdiction.

Summary of this case from Veterans for Common Sense v. Shinseki

refusing jurisdiction where claimant brought a conspiracy and fraud challenge because VA employees allegedly concealed his medical records

Summary of this case from Mehrkens v. Blank

noting that under federal law, veterans' benefit claims and the VA's administrative "decisions are unreviewable in the federal courts"

Summary of this case from Lujan v. Secretary of Veterans Affairs

dismissing claim which in substance does nothing more than challenge VA's underlying benefits decision

Summary of this case from Roman Cancel v. U.S.

In Weaver, a veteran alleged that certain VA employees had conspired to conceal or lose his medical records, in an attempt to prevent him from receiving just military-disability compensation.

Summary of this case from Mehrkens v. Blank

dismissing allegations of conspiracy, fraud and misrepresentation by VA officials involved in the claim adjudication process, and concluding that the claims were "in substance, nothing more than a challenge to the underlying benefits decision."

Summary of this case from Lytran v. Department of Treasury

stating sovereign immunity cannot be avoided by naming individual Government officials as defendants

Summary of this case from Lytran v. Department of Treasury
Case details for

Weaver v. United States

Case Details

Full title:ROLAND S. WEAVER, Plaintiff-Appellant v. UNITED STATES OF AMERICA…

Court:United States Court of Appeals, Tenth Circuit

Date published: Apr 29, 1996

Citations

98 F.3d 518 (10th Cir. 1996)

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