Sackett v. Kijakazi

Background

Harvey P. Sackett sued Kilolo Kijakazi. The opinion does not explain the complaint’s underlying claims, but it refers to possible claims involving the Social Security Administration’s duty to award attorneys’ fees. The Commissioner moved to dismiss.

Court’s Analysis

The court stated that the Commissioner’s motion to dismiss was granted in full for the reasons given on the record at the January 27, 2023 hearing. The written order requires any amended complaint to identify an express waiver of sovereign immunity. Sovereign immunity is the United States’ protection against being sued unless it has consented to the suit.

The court also required the amended complaint to identify a specific nondiscretionary duty—meaning a legally required action that is not left to the agency’s choice—and the legal source of that duty. The court said that citing the Social Security Administration’s general duty to award attorneys’ fees, or citing 42 U.S.C. § 406 alone, would not be enough.

Disposition

Judge Alex Tse granted the motion to dismiss in full, with leave to amend. Any amended complaint had to be filed within 14 days of the order. The court stated that failure to comply with the stated requirements would result in dismissal with prejudice. The order did not itself state that the dismissal was with prejudice; it said that dismissal with prejudice would follow if the amendment requirements were not met.