United States Federal Circuit

In an action brought against the government by an inmate in a federal correctional institution alleging the Federal Bureau of Prisons has failed to provide him with the medicines he needs following eye surgery to treat his glaucoma, dismissal of the suit for lack of jurisdiction is affirmed as the Eighth Amendment is not a "money-mandating provision," and the Court of Federal Claims lacks jurisdiction over tort claims.

Appellate Information

• Decided 10/02/2007
• Published 10/02/2007

Judges

• Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jerome Victor Trafny, of Tucson, Arizona, pro se.


• For Appellees:
  
• Matthew H. Solomson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellee.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and Brian M. Simkin, Assistant Director.