Tucker Act
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Through the Tucker Act (March 3, 1887, ch. 359, 24 Stat. 505, ), the United States government has waived its sovereign immunity from lawsuits. The Act was named after Congressman John Randolph Tucker, of Virginia, who introduced it as a substitute for four other competing measures on government claims being considered by the House Judiciary Committee.
Suits may arise out of express or implied contracts to which the government, or one of its agencies, was a party, and may be for damages liquidated or unliquidated. Suits may be brought for Constitutional claims, particularly taking of property by the government to be compensated under the Fifth Amendment. Parties may bring suit for a refund of taxes paid. Explicitly excluded are suits in which a claim is based on a tort by the government.
The Tucker Act in itself does not create any substantive rights, but must be paired with a "money mandating" statute that allows for the payment of money. United States v. Testan, .
Not all government contracts are subject to the Tucker Act. For example, the Supreme Court, in Burr v. FHA, , has stated that the Congress may organize "sue and be sued" agencies; such agencies may be sued in any court of otherwise competent jurisdiction as if it were a private litigant, as long as the agency is to pay out the judgment from its own budget, not from the U.S. Treasury. Whether the agency or the Treasury is to pay depends on the congressional intent.
The Tucker Act may be divided into the "Big" Tucker Act which applies to claims above $10,000 and gives exclusive jurisdiction to the United States Court of Federal Claims and the "Little" Tucker Act 28 U.S.C. § 1491(a)(2) which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts for claims below $10,000.
