John Soderman v. United States Civil Service Commission

Appellant, acting as his own attorney, filed a complaint in the court below designated an action for personal injuries. He claims large damages arising from an injury which he says that he sustained on August 19,1929 while employed by the United States as a civil service employee. The complaint shows that he has received compensation under the Federal Employees’ Compensation Act of September 7, 1916, 39 Stat. 742 , as amended, ( 5 U.S.C. §§ 751-795 ). Further compensation was denied by a decision of the Compensation Appeals Board on November 19,1953. Although it is difficult to determine precisely what relief appellant seeks, he speaks of declaratory relief, equitable relief and other relief. The trial judge entered an order dismissing the action and denying the motion.

The action of the trial judge was correct for two reasons:

1. The sole defendant in this action is the United States Civil Service Commission. That Commission is not a corporate entity which Congress has authorized to be sued, and an action against it will not lie. (Blackmar v. Guerre, 1952, 342 U.S. 512, 515 , 72 S.Ct. 410 , 96 L.Ed. 534 ).

2. The Federal Employees’ Compensation Act expressly provides:

It has…