Bork v. Carroll, No. 10-6262 (10th Cir. 2011)Annotate this Case
Plaintiff-Appellant Douglas Bork, a member of the United States Army Reserve, sought to challenge personnel decisions made by his sergeant, superior officers and the Secretary of Defense. Plaintiff sought to sue those individuals and have the Tenth Circuit enjoin their "putatively unlawful actions." The district court dismissed Plaintiff's claims for lack of subject matter jurisdiction. On appeal to the Tenth Circuit, Plaintiff argued that "Feres v. United States" gave him the legal authority to sue the United States. The Court found that "Feres" involved an express statutory waiver of sovereign immunity, but for claims brought under the Federal Tort Claims Act. Plaintiff did not bring an FTCA claim in this case. With no applicable legal authority under which Plaintiff could maintain his suit, the Court dismissed his case for lack of jurisdiction.