Basso v. United States

Background

A Spanish subject who lived in the Island of Porto Rico says he was charged, tried, convicted, and jailed after officials accused him of bringing goods from the United States into Porto Rico without entry or paying duties. The provisional United States court in Porto Rico had been set up while the island was under U.S. military occupation after the 1899 Treaty of Paris exchange, and a tariff order for Porto Rico had been issued in February 1899. At trial he argued that two sections of the Revised Statutes did not apply in Porto Rico and that the island was part of the United States so no duties could be imposed. His defense was rejected; he was convicted, sentenced, and imprisoned for twenty‑seven days. He sued in the Court of Claims seeking $10,000 in damages and argued his conviction deprived him of liberty without due process.

Reasoning

The Court addressed whether the Court of Claims can hear a tort claim based on an allegedly unlawful prosecution and conviction by United States officers. The Court said prior decisions control. It distinguished cases where the government collected duties or took property — in those the Court of Claims can award money — from cases like this one. The Court relied on Schillinger, which holds that the government is generally not liable for unauthorized wrongs by its officers, and declined to overrule it. Finding Schillinger still binding, the Court held the claims court has no power to decide this tort claim and affirmed dismissal.

Real world impact

The ruling means claims for money damages based on allegedly wrongful prosecutions by U.S. officers in Porto Rico cannot proceed in the Court of Claims under these theories. The decision leaves intact prior limits on government tort liability and distinguishes tax or property exactions where recovery is allowed.