Peter Joseph Polinski v. United States
SocialSecurity Takings DueProcess
Whether the United States is liable under the Tucker Act and the Fifth Amendment's Takings Clause when a State Treasurer refuses to discharge lawful obligations secured by a bonded bill of exchange
1. Whether the United States is liable under the Tucker Act and the Fifth Amendment's Takings Clause when a State Treasurer, acting under federally delegated financial authority, refuses to discharge lawful obligations secured by a bonded bill of exchange and commercial surety instruments, thereby resulting in a constructive taking of private property. 2. Whether Article III, Section 2 of the United States Constitution permits a sui juris living man to file claims in the U.S. Court of Federal Claims, and whether such claims based on federal commercial obligations and trust instruments fall within the court's jurisdiction under 28 U.S.C. § 1491. 3. Whether the use of the Court Registry Investment System (CRIS), governed by 28 U.S.C. §§ 2041-2042 and Federal Rule of Civil Procedure 67.1, in coordination with state court 1 proceedings, constitutes a federal takings when the funds or bonded instruments deposited are converted without compensation. 4. Whether 48 C.F.R. §§ 28 and 53, relating to sureties and federal contract performance, provide additional money-mandating authority and fiduciary obligations when private parties submit bonded obligations in satisfaction of federal debt. 5. Whether the Federal Circuit and the Court of Federal Claims erred by dismissing the complaint sua sponte without addressing the factual substance or documentary evidence of a valid deposit, bonded instrument, and commercial surety that triggered a duty to perform by federal actors. 6. Whether judicial avoidance of the merits in cases involving sui juris litigants violates due process and the canon of judicial ethics, especially where statutory obligations are facially invoked and not rebutted with controlling authority. 7. Whether the alleged conduct of state actors implementing federal financial policy constitutes federal action under Lebron v. Nat ’l R.R. Passenger Corp., 513 U.S. 374 (1995), Brentwood Academy v. TSSAA, 531 U.S. 288 (2001), and San Francisco Arts & Athletics v. USOC, 483 U.S. 522 (1987), thus triggering direct liability under the Takings Clause. IL