Sanchez Tapia v. United States

On the ground that the conviction was procured fraudulently, appellant brought suit in the United States District Court for the Southern District of New York to annul a judgment of conviction entered against him in 1941 in the United States District Court for the District of Puerto Rico. Appellant also in this suit sought to obtain damages in tort for “fraud, deceit and false representations.” He named several individual defendants, but process was served only upon the United States. The government moved to dismiss the suit under Rule 12(b) (1) of the Federal Rules of Civil Procedure for lack…