No. 25-6298

Peter Joseph Polinski v. United States

Lower Court: Federal Circuit
Docketed: 2025-12-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-injury federal-claims-court fifth-amendment subject-matter-jurisdiction takings-clause tucker-act
Key Terms:
Takings DueProcess FifthAmendment
Latest Conference: 2026-01-16
Question Presented (AI Summary)

Whether the United States Court of Federal Claims erred in dismissing Polinski v. United States for lack of subject matter jurisdiction despite constitutional and statutory claims under the Fifth Amendment and the Tucker Act

Question Presented (OCR Extract)

1. Whether the United States Court of Federal Claims erred in dismissing Polinski v. United States, Case No. 24-1810, for lack of subject matter jurisdiction despite clear constitutional and statutory claims under the Fifth Amendment and the Tucker Act arising from unlawful takings of estate assets, financial instruments, and private credit held in federal custody under 31 U.S.C. § 3123 and 12 U.S.C. §§ 411 and 412. 2. Whether the United States Court of Appeals for the Federal Circuit erred in summarily affirming Polinski v. United States 25-1578, the dismissal of Petitioner ’s takings and fiduciary duty claims, which are money-mandating under 28 U.S.C. § 1491, and by failing to address violations involving GSA Bonds, CUSIPs, CRIS deposits, bills of exchange, and other instruments subject to federal redemption. 3. Whether federal and state actors acting as de facto Treasury agents violated the Fifth ’ and Ninth Amendments by refusing to redeem or return Petitioner ’s estate assets, thereby committing a compensable taking, breach of trust, and unjust enrichment in violation of equity and fiduciary law. 4. Whether the lower courts failed to recognize constitutional injuries including unlawful detention, malicious prosecution, and deprivation of property, contrary to the protections of the First, Fourth, Fifth, Sixth, Eighth, Ninth, and Thirteenth Amendments and the redress standard established in Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). 5. Whether Petitioner as a living sui juris beneficiary retains the right under trust and equity law to immediate accounting and return of estate assets as affirmed in Saunders v. 1 Vautier, 4 Beav. 115 (1841), and Scott v. McNeal, 154 U.S. 34 (1894), and whether the refusal to order restitution constitutes breach of fiduciary duty. 6. Whether the courts below failed in their constitutional duty to apply money mandating statutes including 31 U.S.C. §§ 1304, 1321(a)(62), 3302(b), and 3713 by refusing to compel redemption, accounting, and settlement of trust funds held by or through the United States. 7. Whether the judiciary ’s refusal to order a forensic accounting and equitable restitution for misappropriated estate assets constitutes a denial of due process and a violation of Article III jurisdiction requiring this Court ’s intervention to restore constitutional and fiduciary integrity.

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-29
Waiver of United States of right to respond submitted.
2025-12-29
Waiver of right of respondent United States to respond filed.
2025-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2026)

Attorneys

Peter Joseph Polinski
Peter Joseph Polinski — Petitioner
Peter Joseph Polinski — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent