Foster

This case represents another episode in Lawrence B. Smith’s unrelenting quest to establish that the Federal Aviation Administration (FAA) lacks authority to revoke pilot certificates in response to safety violations. Due to Mr. Smith’s litigious behavior, he has helped to develop his own adverse body of law in several circuits across this country.

In the present action, Mr. Smith represents Jerrel P. Foster who asserted a Bi vens 2 claim against the FAA, contending that the FAA violated his constitutional rights by attempting to revoke his pilot license. The district court dismissed the lawsuit on two alternative grounds: (1) lack of subject matter jurisdiction to entertain a Bivens action against the FAA, and (2) failure to allege a claim upon which relief can be granted. The court also imposed sanctions upon Mr. Smith, pursuant to the pre-Decem-ber 1993 version of Fed.R.Civ.P. 11.

BACKGROUND

Mr. Foster holds a commercial pilot certificate. In 1986, the FAA revoked the certificate because Foster violated FAA safety regulations while he was flying a helicopter as a television newsman. Foster contested the revocation in an administrative hearing before an administrative law…