· 9/12/2000
Estado Libre Asociado (Departamento de Salud) v. Comision Estatal de Elecciones
Citations
- 6 T.C.A. 607
- 2001 DTA 13
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Tucker Act provided jurisdiction in the Court of Claims for recovery of money that the government illegally collected from the plaintiff as fines under void convictions and sentences
- plaintiff could recover under the Tucker Act a fine assessed under an unconstitutional statute
- plaintiff could recover under the Tucker Act a fine assessed under an unconstitutional statute
- Court of Claims possesses Tucker Act jurisdiction to determine that court-martial judgments are void for lack of jurisdiction and direct return of court-imposed monetary fines — not necessary to obtain reversal of prior judgment
- fine assessed pursuant to unconstitutional court-martial was an illegal exaction on two bases: (1) court-martial entered judgment for the fine pursuant to the Articles of War— federal legislation which did not provide for its exaction, and (2
Source: CourtListener parenthetical corpus (CC0).
Judges: Acevedo, Cumpiano, Jiménez, Ponente, Por, Presidenta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.