Dane T. Roundtree v. United States of America, in Re Lawrence B. Smith, Dane T. Roundtree v. United States
Opinion
Opinion
Fernandez, J.
Dane T. Roundtree brought this action against the United States under the Federal Tort Claims Act. 28 U.S.C. §§ 1346 (b), 2671-2680. In it he asserted that the Federal Aviation Administration (FAA) tortiously suspended his pilot’s certificate and revoked the operating certificate of a corporation, Alaskan Island Air, Inc. (ALA). At root, the basis of his action is that the FAA has no authority to suspend or revoke certificates in response to violations of safety regulations. The district court dismissed this action for lack of jurisdiction. It also imposed sanctions upon his attorney, Lawrence B. Smith. Both Roundtree and his attorney have appealed. We affirm.
BACKGROUND
Roundtree is a holder of an airline transport pilot certificate, which allows him to carry passengers and cargo for hire. He also owned the stock of ALA. In 1989, the FAA issued an emergency order that revoked ALA’s operating certificate. At the same time, it initiated an action to revoke Roundtree’s pilot certificate. It asserted that the actions were necessary to protect the public interest and safety in air commerce because it had discovered a number of violations of federal aviation…