United States Seventh Circuit

In plaintiff's suit against the U.S. Department of Agriculture under the Fair Credit Reporting Act (FCRA) claiming that the Department violated the Act's requirements by reporting that plaintiff is behind on a loan that has been paid off on four separate occasions, judgment in favor of plaintiff is affirmed where: 1) the Tucker Act waives sovereign immunity for compensatory-damages claims under the Fair Credit Reporting Act; 2) the district court had subject matter jurisdiction under 28 U.S.C. section 1331 and 15 U.S.C. section 1681p; 3) attorney's fees as part of costs do not count toward the threshold set forth in the Tucker Act, any more than the costs themselves do; and 4) appellate jurisdiction exists as plaintiff appealed to section 1331 and section 1681p and did not invoke the Tucker Act as a grant of subject matter jurisdiction.

Appellate Information

• Argued 12/08/2009
• Decided 02/12/2010
• Published 02/12/2010

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Larry P. Smith, Attorney, Chicago, IL, Aaron D. Radbil, Attorney, Cooper City, FL, for Plaintiff-Appellee., Henry C. Whitaker, Attorney, Department of Justice, Washington, DC, for Defendant-Appellant.