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SANDERS v. U.S.

No. 01-5035.

252 F.3d 1329 (2001)

James H. Sanders, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED June 12, 2001.

Attorney(s) appearing for the Case

James H. Sanders, of Portland, Oregon, pro se.

Allison A. Page, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Harold D. Lester, Jr., Assistant Director.

Before MICHEL, SCHALL, and DYK, Circuit Judges.

DYK, Circuit Judge.

This case presents the question of whether the United States government's alleged breach of an agreement with a criminal defendant concerning his release on bail after trial gives rise to a claim for money damages cognizable in the Court of Federal Claims. We hold that such a claim is cognizable only if the agreement clearly and unmistakably subjects the United States to monetary liability for any breach. The agreement here a court-approved stipulation...

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