No. 25-6738

Clyde Pontefract v. United States, et al.

Lower Court: Sixth Circuit
Docketed: 2026-02-06
Status: Pending
Type: IFP
IFP
Tags: administrative-law federal-prisoner-rights federal-tort-claims-act fiduciary-responsibility inmate-property-loss little-tucker-act
Key Terms:
FifthAmendment
Latest Conference: N/A
Question Presented (from Petition)

1. Does the Substantive Law of 28 CFR §14.1 et seq. and 28 CFR §543.30 et seq. qualify for the Little Tucker Act under United States V. Mitchell, 463 US 206.(1983) for compensation by the Federal Government for the loss of personal property of a federal inmate ?

2. Does the Substantive Law of 28 CFR §553.10 et seq. and Program Statement of 5580.08 establish fiduciary responsibilities under the test of "Fair Interpretation" rule under United States V. White Mt. Apache Tribe, 537 US 465 (2003) that would establish that 31 USC §1321(a)(21) & (22) is not a bare trust?

3. Does Ali V. Fed Bureau of Prisons, 552 US 214 (2008) and 28 USC §2680(c) actually deny a federal prisoner to file a claim based on his personal property under the Federal Tort Claims Act ?

Question Presented (AI Summary)

Whether the substantive law of 28 CFR §14.1 et seq. and 28 CFR §543.30 et seq. qualifies for the Little Tucker Act under United States V. Mitchell for compensation by the Federal Government for the loss of personal property of a federal inmate

Docket Entries

2025-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2026)

Attorneys

Clyde Pontefract
Clyde J. Pontefract — Petitioner
Federal Respondents
D. John SauerSolicitor General, Respondent