Darrell Harper v. United States
CourtCourt of Appeals for the D.C. Circuit
Date FiledNovember 12, 2026
Docket26-5277
StatusUnpublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5277 September Term, 2026
1:26-cv-01975-UNA
Filed On: November 12, 2026
Darrell J. Harper,
Appellant
v.
United States of America and Donald J.
Trump,
Appellees
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Pillard, Wilkins, and Garcia, Circuit Judges
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P.
34(a)(2); D.C. Cir. Rule 34(j). Upon consideration of the foregoing, and the motion to
appoint counsel, it is
ORDERED that the motion to appoint counsel be denied. In civil cases,
appellants are not entitled to appointment of counsel when they have not demonstrated
sufficient likelihood of success on the merits. It is
FURTHER ORDERED AND ADJUDGED that the order of the district court
dismissing appellant’s complaint be affirmed. Insofar as appellant sought damages
based on his allegations of constitutional and statutory violations, the district court
correctly concluded that appellant’s claims against the United States were barred by
sovereign immunity. See United States v. Mitchell, 463 U.S. 206, 212 (1983); Mason v.
Judges of U.S. Court of Appeals, 952 F.2d 423, 425 (D.C. Cir. 1991). The court also
correctly concluded that the Trump administration was not a proper defendant for
claims based entirely on the alleged actions of judicial officers not subject to the
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5277 September Term, 2026
administration’s authority. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)
(plaintiff’s asserted injury must be “fairly traceable to the challenged action of the
defendant”); Common Cause v. Biden, 748 F.3d 1280, 1284 (D.C. Cir. 2014) (standing
“requires that a proper defendant be sued”).
Insofar as appellant sought any other form of relief, this court affirms the
dismissal of the complaint on the alternative ground that appellant essentially sought to
have the district court review orders issued by the U.S. District Court for the Southern
District of Texas, which the district court lacked jurisdiction to do. See 28 U.S.C.
§ 1294(1). Finally, insofar as appellant asserts that the district court erred in not
granting him an opportunity to amend his complaint prior to dismissing it, the district
court’s sua sponte dismissal was without prejudice to the filing of a new complaint that
corrected the defects of his complaint in this case. See Ciralsky v. CIA, 355 F.3d 661,
671 (D.C. Cir. 2004).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Michael C. McGrail
Deputy Clerk
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