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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 98-30544
DAVID H. CLIBURN,
Plaintiff-Appellant,
VERSUS
POLICE JURY ASSOCIATION OF LOUISIANA, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Middle District of Louisiana
January 15, 1999
Before HIGGINBOTHAM, DUHи, and DeMOSS, Circuit Judges.
PER CURIAM:
Appellant David Cliburn filed an ERISA claim against Appellee
Police Jury Association of Louisiana, Inc. The suit was dismissed
for lack of subject matter jurisdiction, on the grounds that
Cliburn sought participation in a "governmental plan" not covered
by the statute. See 29 U.S.C. її 1002(32); 1003(b). Cliburn does
not appeal from this dismissal. Following dismissal, the Police
Jury Association requested attorneys' fees, costs, and expenses

under a provision of ERISA which states: "In any action under this
subchapter (other than an action described in paragraph (2)) by a
participant, beneficiary, or fiduciary, the court in its discretion
may allow a reasonable attorney's fee and costs of action to either
party." 29 U.S.C. ї 1132(g)(1). The district court awarded to the
Police Jury Association $15,600.00 in fees and $533.33 in expenses.
Cliburn appeals from that award and argues, inter alia, that
subject matter jurisdiction is lacking.
District courts are vested with federal question jurisdiction
in "all civil actions arising under the Constitution, laws, or
treaties of the United States." 28 U.S.C. ї 1331. The district
court's dismissal of Cliburn's claims for lack of subject matter
jurisdiction is inconsistent with an award of fees and costs under
a statute which requires "any action under this subchapter." In
dismissing Cliburn's suit, the district court determined that there
was no ERISA "action." Furthermore, given that ERISA is
inapplicable to Cliburn's claims, it is inconsistent to conclude
that either Cliburn or the Police Jury Association is "a
participant, beneficiary, or fiduciary" eligible to invoke
ї 1132(g)(1). Given that the district court lacked jurisdiction to
hear Cliburn's claims under ERISA, it logically follows that the
court lacked jurisdiction to entertain the Police Jury
Association's request for fees, costs, and expenses under ERISA.
See, e.g., Laborers Local 938 Joint Health & Welfare Trust Fund v.
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B.R. Starnes Co., 827 F.2d 1454, 1458 (11th Cir. 1987). We
therefore VACATE the district court's award of fees and costs and
DISMISS this case for lack of subject matter jurisdiction.
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