James B. Packard v. United States

8 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James B. PACKARD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-15453. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 In this action, James B. Packard (Packard) alleges the United States Post Office breached its contract with him for a post office box by raising the monthly cost of that box from $10.00 to $17.50. The caption of Packard's complaint premises jurisdiction on, among other things, 42 U.S.C. § 1983 . 3 The district court rejected Packard's claim of jurisdiction under 42 U.S.C. § 1983 . It found that, although Packard purported to sue under section 1983, the "essence" of his complaint was a breach of contract claim. Since Packard sought damages in excess of $10,000, subject matter jurisdiction was properly in the United States Claims Court, not…