Russell v. United States

Claimant petitions this court for direct review of the administrative denial of survivor's death benefits under the Public Safety Officers' Benefits Act of 1976, Pub.L.No. 94-430, 90 Stat. 1346 (1976), 42 U.S.C. §§ 3796-3796c (1976) (""PSOBA""). The Government has made a motion to dismiss for want of subject matter jurisdiction. The motion is well-founded. Our ultimate disposition is to transfer this cause to the United States Court of Claims. PSOBA was passed as an amendment to the Omnibus Crime Control and Safe Streets Act of 1968, Pub.L.No. 90-351, 82 Stat. 197 (1968) (amended version at 42 U.S.C. §§ 3701 et seq. (1976)) (""Crime Control Act""). PSOBA provides, inter alia, that, ""In any case in which the Administration (i. e., LEAA) determines ... that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Administration shall pay a benefit of $50,000 ... to the surviving spouse of such officer...."" 42 U.S.C. §§ 3796(a) (1976). Claimant is the widow of a police chief who suffered a heart attack and died shortly after physically subduing and arresting a disorderly person. LEAA denied the widow's claim on the ground that, although Chief Russell's death had been precipitated by a traumatic event, the traumatic event did not qualify as a compensable traumatic ""injury"" within the meaning of PSOBA.1