Brown v. United States

OPINION

HORN, Judge.

The above-captioned case comes before the court on defendant’s motion for partial dismissal, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (RCFC), for lack of subject matter jurisdiction. Defendant claims that this court does not have jurisdiction, pursuant to the Tucker Act, 28 U.S.C. § 1491(a)(1) (1988 & Supp. 1994), over counts1 II and III of plaintiffs complaint. Defendant argues that those counts allege either tort claims or due process claims under the Fifth Amendment to the United States Constitution, over which this court does…