28 U.S.C. § 1346 – United States as defendant

United States Code
Title 28-JUDICIARY AND JUDICIAL PROCEDURE
PART IV-JURISDICTION AND VENUE
CHAPTER 85-DISTRICT COURTS; JURISDICTION

§1346. United States as defendant

(a) The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:

(1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;

(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41.  For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.

(b)

(1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

(2) No person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18).

(c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.

(d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension.

(e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986.

(f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.

(g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title.

(June 25, 1948, ch. 646, 62 Stat. 933 ; Apr. 25, 1949, ch. 92, §2(a), 63 Stat. 62 ; May 24, 1949, ch. 139, §80(a), (b), 63 Stat. 101 ; Oct. 31, 1951, ch. 655, §50(b), 65 Stat. 727 ; July 30, 1954, ch. 648, §1, 68 Stat. 589 ; Pub. L. 85–508, §12(e), July 7, 1958, 72 Stat. 348 ; Pub. L. 88–519, Aug. 30, 1964, 78 Stat. 699 ; Pub. L. 89–719, title II, §202(a), Nov. 2, 1966, 80 Stat. 1148 ; Pub. L. 91–350, §1(a), July 23, 1970, 84 Stat. 449 ; Pub. L. 92–562, §1, Oct. 25, 1972, 86 Stat. 1176 ; Pub. L. 94–455, title XII, §1204(c)(1), title XIII, §1306(b)(7), Oct. 4, 1976, 90 Stat. 1697 , 1719; Pub. L. 95–563, §14(a), Nov. 1, 1978, 92 Stat. 2389 ; Pub. L. 97–164, title I, §129, Apr. 2, 1982, 96 Stat. 39 ; Pub. L. 97–248, title IV, §402(c)(17), Sept. 3, 1982, 96 Stat. 669 ; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095 ; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516 ; Pub. L. 104–134, title I, §101[(a)] [title VIII, §806], Apr. 26, 1996, 110 Stat. 1321 , 1321-75; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327 ; Pub. L. 104–331, §3(b)(1), Oct. 26, 1996, 110 Stat. 4069 ; Pub. L. 111–350, §5(g)(6), Jan. 4, 2011, 124 Stat. 3848 ; Pub. L. 113–4, title XI, §1101(b), Mar. 7, 2013, 127 Stat. 134 .)

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

United States Code
Title 28-JUDICIARY AND JUDICIAL PROCEDURE
PART IV-JURISDICTION AND VENUE
CHAPTER 85-DISTRICT COURTS; JURISDICTION

 

******************************************

Back to Torts – definition and types

Back to Civil Law Self-Help

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!