The Tucker Act of 1887 is a federal statute, which grants the United States Court of Federal Claims jurisdiction to hear certain claims against the United States government. Although the government is generally immune to lawsuits, the Tucker Act waives this sovereign immunity for specific types of claims, allowing individuals and entities to seek financial compensation under defined circumstances. The relevant text of the Act is codified in 28 U.S.C. §§ 1346(a) and 1491.
Specifically, the Tucker Act permits three kinds of claims against the government:
- Contractual claims
- Noncontractual claims where the plaintiff seeks the return of money paid to the government
- Noncontractual claims where the plaintiff asserts that they are entitled to payment by the government.
Today, the United States Court of Federal Claims has exclusive jurisdiction over Tucker Act claims exceeding $10,000. For claims of $10,000 or less, the “Little Tucker Act” allows such claims to be heard concurrently by the Court of Federal Claims and federal district courts (see 28 U.S.C. §§ 1346(a)). Before the Federal Courts Improvement Act of 1982, this jurisdiction was vested in the original U.S. Court of Claims.
The Tucker Act allows for lawsuits against the federal government for monetary damages, providing a legal avenue for individuals and entities to seek redress for specific grievances, subject to certain limitations and procedural requirements.
See also: U.S. Department of Justice Civil Resource Manual 47. Court Of Federal Claims Litigation; 28 U.S.C. §§ 1346(a) and 1491
[Last updated in June of 2024 by the Wex Definitions Team]