United States Court of Claims May 11, 1990, No. 587-87C (Lariscey v. United States)

OPINION

PUTEY, Judge.

This case is before the court on defendant’s motion to dismiss and for summary judgment. Plaintiff, a prisoner, alleges that he made an invention and defendant used it without authorization. Plaintiff claims compensation pursuant to: (1) the Fifth Amendment taking clause and (2) an implied-in-fact contract theory.