Smith v. United States

Smith was disbarred by the Tenth Circuit in 1996, followed by reciprocal disbarments by the Fifth Circuit, the U.S. District of Colorado and Northern District of Texas, and the Colorado Supreme Court. In 2007, the Tenth Circuit granted reinstatement, provided that Smith met conditions. The conditions were satisfied, and Smith was reinstated. The other courts then readmitted him to their bars, except the Colorado Supreme Court. The United States District Court for the District of Colorado then reversed itself and denied reinstatement, because Smith remained disbarred by the Colorado Supreme Court. The Tenth Circuit affirmed. Smith filed suit in the Court of Federal Claims, seeking compensation and equitable relief, alleging violations substantive and procedural due process and of equal protection, and judicial takings of his private property right to practice law and make a living. The Claims Court dismissed, reasoning that absent a money-mandating statute providing for compensation for such government action, it had no jurisdiction and that because the revocation actions became final no later than 1999, suit under the Tucker Act was barred by the six-year limitations period, 28 U.S.C. 2501.. The Federal Circuit affirmed. View "Smith v. United States" on Justia Law