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Wells v. Trump

2026-08-25

Summary

Holding. The Court granted President Trump's motion to dismiss for lack of subject matter jurisdiction based on both sovereign immunity regarding official capacity claims and the plaintiff's failure to establish standing, and denied the plaintiff's motion for default judgment.

Kevin Wells, a Black military veteran representing himself in court, sued President Donald Trump in both his individual and official capacities. Wells alleged that Trump intentionally discriminated against and retaliated against Black soldiers, veterans, and their families through various executive orders, attacks on diversity initiatives, and other actions, seeking $1 billion in damages for constitutional violations and injuries ranging from delayed benefits to emotional distress.

The District Court determined it lacked jurisdiction over Wells's claims on two independent grounds. First, sovereign immunity bars suits against federal officials in their official capacities absent an explicit constitutional or statutory waiver, and none of the legal authorities Wells cited provided such a waiver. Second, Wells failed to establish standing required under Article III because he did not adequately allege concrete, particularized, and imminent injuries fairly traceable to Trump's conduct; his claim of delayed benefits lacked specificity and factual support, and his other alleged injuries were generalized harms shared broadly by many Black veterans rather than personal to him.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether sovereign immunity bars claims against a federal official in official capacity
  • Whether plaintiff established standing under Article III by alleging concrete and particularized injury
  • Whether generalized grievances shared by a large class of citizens satisfy standing requirements
  • Whether a default judgment may be entered against a defendant who has actively defended through a motion to dismiss

Procedural posture

The plaintiff, proceeding pro se, brought suit in the U.S. District Court for the District of Columbia against the defendant, who moved to dismiss for lack of subject matter jurisdiction and failure to state a claim, while the plaintiff moved for default judgment.

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

KEVIN WELLS,

Plaintiff,

v. No. 25-cv-02570 (DLF)

DONALD J. TRUMP,

Defendant.

MEMORANDUM OPINION

Kevin Wells, proceeding pro se, brings this action against President Donald J. Trump in

his individual and official capacities, alleging that President Trump has intentionally discriminated

and retaliated against Black soldiers, veterans, and their families in violation of the Constitution

and federal law. Before the Court is President Trump’s Motion to Dismiss, Dkt. 11, and Wells’s

Motion for Default Judgment, Dkt. 18. For the reasons that follow, the Court will grant President

Trump’s motion and deny Wells’s motion.

I. BACKGROUND

Wells is a Black military veteran, see Compl. ¶ 6, Dkt. 1, who purports to represent “all

Black or African American Veterans having been drafted or served in the Armed forces since or

at the same time from the Vietnam Wa[r] . . . until this present time where Donald Trump is

considered Commander and [sic] Chief,” Attachs. to Compl. 4 (ECF pagination), Dkt. 1-3. He

alleges that President Trump has intentionally discriminated and retaliated against Black soldiers,

veterans, and their families. Compl. ¶¶ 2–6. Among other things, he points to President Trump’s

“executive orders,” which he contends “violate Due Process and Equal Protection,” id. ¶ 2; “attacks

on diversity and Inclusion in all Federal Agencies” and “firing [of] Qualified Black Generals in the Armed Forces,” id. ¶ 3; “actions of retaliation to African Americans,” id. ¶ 5; and “cruel and

unusual behavior of calling Veterans and Soldiers, ‘losers and suckers,’” id. ¶ 6. These actions

and policies, according to Wells, amount to “intentional discrimination . . . with respect to

employment, appointments, terms, [and] conditions,” id. ¶ 2, and the creation of “a hostile

atmosphere . . . in education, The Military, and all aspects of this society causing the denial of

federal rights,” including “Veterans benefits” and Social Security, id. ¶ 6. Wells further alleges

that he has experienced “pain, mental anguish, emotional distress, [and] loss of enjoyment of life.”

Id. He purports to bring claims under “42 USC” and the “Due Process and Equal Protection clauses

of the United States Constitution and its Amendments.” Id. ¶ 2. For his “past, present, and future

sufferings because of Donald Trumps [sic] actions,” Wells seeks $1,000,000,000. Id. ¶ 6.

On December 12, 2025, President Trump moved to dismiss the Complaint for lack of

subject matter jurisdiction and for failure to state a claim. See Mem. in Support of Mot. to Dismiss

1, Dkt. 11-1. Wells opposed the motion, see Dkt. 16; Dkt. 19; Dkt. 22, and moved for default

judgment, see Dkt. 18.

II. LEGAL STANDARDS

Under Federal Rule of Civil Procedure 12(b)(1), a defendant may move to dismiss an action

for lack of subject matter jurisdiction. Fed. R. Civ. P. 12(b)(1). When reviewing a Rule 12(b)(1)

motion, the Court must “assume the truth of all material factual allegations in the complaint and

construe the complaint liberally, granting plaintiff the benefit of all inferences that can be derived

from the facts alleged.” Am. Nat. Ins. Co. v. FDIC, 642 F.3d 1137, 1139 (D.C. Cir. 2011) (citation

modified). At the same time, the plaintiff bears the burden of establishing subject matter

jurisdiction. See Arpaio v. Obama, 797 F.3d 11, 19 (D.C. Cir. 2015). Because “[s]overeign

immunity is jurisdictional in nature,” FDIC v. Meyer, 510 U.S. 471, 475 (1994), claims barred by

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the United States’ sovereign immunity are “subject to dismissal under Rule 12(b)(1),” Clayton v.

District of Columbia, 931 F. Supp. 2d 192, 200 (D.D.C. 2013). Additionally, questions of standing

are examined in a Rule 12(b)(1) motion, as a plaintiff’s lack of standing is a “defect in subject

matter jurisdiction.” Haase v. Sessions, 835 F.2d 902, 906 (D.C. Cir. 1987). If the Court

determines that it lacks subject matter jurisdiction, it must dismiss the action. See Fed. R. Civ. P.

12(h)(3).

Finally, the Court must consider a pro se plaintiff’s complaint “in light of all filings,

including filings responsive to a motion to dismiss.” Johnson v. District of Columbia, 927 F.3d

539, 541 (D.C. Cir. 2019) (citation modified). “While complaints filed by pro se litigants are held

to less stringent standards than those applied to formal pleadings drafted by lawyers, even a pro se

plaintiff bears the burden of establishing that the Court has subject matter jurisdiction.” Newby v.

Obama, 681 F. Supp. 2d 53, 55 (D.D.C. 2010) (citation modified).

III. ANALYSIS

Because the Court finds that it lacks subject matter jurisdiction over Wells’s claims, it will

dismiss the action and deny Wells’s motion for default judgment.

A. Subject Matter Jurisdiction

The Court lacks subject matter jurisdiction over Wells’s claims.

To start, the Court lacks jurisdiction over Wells’s claims against President Trump in his

official capacity. Sovereign immunity bars suits against the United States, its agencies, and its

employees in their official capacities, absent an explicit waiver. See Meyer, 510 U.S. at 475; see

also Lewis v. Clarke, 581 U.S. 155, 162 (2017) (“In an official-capacity claim, the relief sought is

only nominally against the official and in fact is against the official’s office and thus the sovereign

itself.”). None of the constitutional provisions on which Wells relies contains such a waiver. See

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Benoit v. U.S. Dep’t of Agric., 608 F.3d 17, 20–21 (D.C. Cir. 2010). Furthermore, to the extent

that Wells’s reference to “42 USC” constitutes an attempt to bring claims under the Civil Rights

Act, the Court similarly lacks jurisdiction over his claims—the Act, “by [its] terms, do[es] not

apply to actions against the United States.” Hohri v. United States, 782 F.2d 227, 245 n.43 (D.C.

Cir. 1986), vacated on other grounds, 482 U.S. 64 (1987); see Jarvis v. Kijakazi, No. 21-cv-1523,

2022 WL 4464985, at *2 (D.D.C. Sept. 26, 2022). Accordingly, the Court lacks jurisdiction over

Wells’s official capacity claims.

Furthermore, Wells has failed to establish standing to bring his claims. Article III of the

Constitution “confines the federal judicial power to the resolution of ‘Cases’ and ‘Controversies.’”

TransUnion LLC v. Ramirez, 594 U.S. 413, 423 (2021). “For there to be a case or controversy

under Article III, the plaintiff must have a personal stake in the case—in other words, standing.”

Id. (citation modified). A plaintiff has standing for Article III purposes if he can demonstrate

“(1) an injury in fact that is concrete and particularized as well as actual or imminent; (2) a causal

connection between the injury and the challenged conduct; and (3) a likelihood, as opposed to

mere speculation, that the injury will be redressed by a favorable decision.” Nat. Res. Def. Council

v. Wheeler, 955 F.3d 68, 76 (D.C. Cir. 2020) (citation modified). Wells has failed to allege

sufficient facts establishing that he has suffered a “concrete, particularized, and actual or

imminent” injury attributable to President Trump’s alleged conduct. TransUnion, 594 U.S. at 423.

The most specific injury that Wells identifies is the delay or denial of his veteran and Social

Security benefits—an allegation made without context or further specificity—and he does not offer

any facts to establish a “causal connection” between that injury and the conduct he challenges.

Nat. Res. Def. Council, 955 F.3d at 76 (citation modified). His remaining alleged injuries,

moreover, rest on generalized harms suffered by “thousands of other Black Veterans and their

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Families,” Compl. ¶ 6, and are neither “particularized” nor “concrete,” Nat. Res. Def. Council, 955

F.3d at 76 (citation modified); see Warth v. Seldin, 422 U.S. 490, 499 (1975) (“[W]hen the asserted

harm is a ‘generalized grievance’ shared in substantially equal measure by all or a large class of

citizens, that harm alone normally does not warrant exercise of jurisdiction.”). Accordingly, Wells

has not adequately alleged facts to establish standing to pursue his claims.

Because the Court lacks subject matter jurisdiction over Wells’s suit, the Court will dismiss

the action. See Fed. R. Civ. P. 12(h)(3).

B. Default Judgment

The Court will also deny Wells’s Motion for Default Judgment, Dkt. 18.

Obtaining a default judgment is a two-step process. Carpenters Lab.-Mgmt. Pension Fund

v. Freeman-Carder LLC, 498 F. Supp. 2d 237, 239 n.1 (D.D.C. 2007). First, the plaintiff must

request that the Clerk of Court enter default against the party who “has failed to plead or otherwise

defend.” Fed. R. Civ. P. 55(a); see Carpenters Lab.-Mgmt. Pension Fund, 498 F. Supp. 2d at 239

n.1. The Clerk’s entry of default establishes the defendant’s liability for the well-pleaded

allegations in the complaint. Boland v. Providence Constr. Corp., 304 F.R.D. 31, 35 (D.D.C.

2014). Second, unless “the plaintiff’s claim is for a sum certain or a sum that can be made certain

by computation,” Fed. R. Civ. P. 55(b)(1), the plaintiff “must apply to the court for a default

judgment,” Fed. R. Civ. P. 55(b)(2). At that point, the plaintiff “must prove his entitlement to the

relief requested using detailed affidavits or documentary evidence on which the court may rely.”

Ventura v. L.A. Howard Constr. Co., 134 F. Supp. 3d 99, 103 (D.D.C. 2015) (citation modified).

“A default judgment may be entered against the United States, its officers, or its agencies only if

the claimant establishes a claim or right to relief by evidence that satisfies the court.” Fed. R. Civ.

P. 55(d).

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Wells cannot obtain a default judgment here. To start, he cannot establish that President

Trump has “failed to plead or otherwise defend.” Fed. R. Civ. P. 55(a). Indeed, President Trump’s

timely Motion to Dismiss demonstrates his active participation in this case. Furthermore, Wells

cannot “establis[h] a claim or right to relief,” Fed. R. Civ. P. 55(d), as the Court lacks subject

matter jurisdiction over his claims, see Strong-Fisher v. LaHood, 611 F. Supp. 2d 49, 52 n.2

(D.D.C. 2009); Campaign Legal Ctr. v. FEC, 578 F. Supp. 3d 1, 7 (D.D.C. 2021). As such, the

Court will deny Wells’s Motion for Default Judgment.

CONCLUSION

For the foregoing reasons, the Court grants President Trump’s Motion to Dismiss, Dkt. 11,

and denies Wells’s Motion for Default Judgment, Dkt. 18. A separate order consistent with this

decision accompanies this memorandum opinion.

DABNEY L. FRIEDRICH

August 25, 2026 United States District Judge

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