Walker v. United States

OPINION

ON DEFENDANT’S MOTION TO DISMISS

SETO, Judge.

This case comes before the court on defendant’s motion to dismiss for lack of jurisdiction. Plaintiff predicates his jurisdic*78tion in this court on violations of the due process clause, the Back Pay Act, and the Administrative Procedure Act (APA). Defendant’s motion to dismiss adversatively raises three issues: (1) whether a substantive right to money damages can emanate from the due process clause, thus providing a basis for jurisdiction under the Tucker Act, 28 U.S.C. § 1491; (2) whether the Back Pay Act, 5 U.S.C. § 5596, provides a basis…