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Sunday, July 20, 2014

The Tea Party and the IRS square off in 3 separate lawsuits

With the news that Judge Susan Dlott of the Southern District of Ohio has ruled that the Tea Party case against the IRS may proceed we can expect 2015 to be a newsworthy year. That brings to 3 the number of lawsuits which the IRS and in some cases high ranking federal employees must defend. The case termed NorCal Tea Party Patriots v IRS was filed in Cincinnati because that is the location of the IRS Tax Exempt Division. The plaintiffs ask the court to expand the suit to a class action suit and also seek damages from present and former IRS employees for violating the constitutional right of the plaintiffs. The employees are not named but rather are referred to as John Doe 1-100. The lead attorney is Edward Greim and the filing may be viewed here.
There are 2 cases now pending in U.S. District Judge Reggie B. Walton's court in Washington. Last week in True the Vote Inc v IRS Judge Walton ordered the IRS to explain in writing and under oath how Lois Lerner's emails were lost. Aside from the IRS the named defendants are; former IRS Commissioner Douglas Shulman, Acting Commissioner Steven Miller, Lois Lerner, Susan Maloney, Ronald Bell, Janine L. Estes, Faye Ng and unknown employees of the IRS. These defendant have been sued in their individual capacities meaning that they, not the IRS will be required to pay should True the Vote prevail. Cleta Mitchell is the lead attorney and the filing may be viewed here.
The other case in Walton's court, Linchpins of Liberty v. United States is the is the most sweeping. Aside from the Linchpins of Liberty of Franklin, Tennessee 25 other Tea Party and 9/12 groups are represented. Both Attorney General Eric Holder and Secretary of the Treasury Jacob Lew are named as defendants in their official capacities. Steven Miller, Lois Lerner, and Holly Paz are sued in their personal capacities.
It gets personal here;
A. Under Count One, that this Court declare that the conduct of Defendants Miller,
Lerner, Paz, and the Unknown Named IRS Officials, while acting under color of federal authority,
violated the constitutional rights of Plaintiffs and award Plaintiffs compensatory and punitive
damages in an amount to be proved at trial against Defendants Miller, Lerner, Paz, and the
Unknown Named IRS Officials
for their violations of Plaintiffs’ constitutional rights
committed
while acting under color of federal authority;
B. Under Count Two, that this Court declare that the conduct of Defendants Miller,
Lerner, Paz, and the Unknown Named IRS Officials, while acting under color of federal authority,
violated the constitutional rights of Plaintiffs and award Plaintiffs compensatory and punitive
damages in an amount to be proved at trial against Defendants Miller, Lerner, Paz, and Unknown
Named IRS Officials
for their violations of Plaintiffs’ constitutional rights committed while
acting under color of federal authority;
C. Under Count Three, that this Court declare that the conduct of Defendants Miller,
Lerner, Paz, and the Unknown Named IRS Officials, while acting under color of federal authority,
violated the constitutional rights of Plaintiffs and award Plaintiffs compensatory and punitive
damages in an amount to be proved at trial against Defendants Miller, Lerner, Paz, and the
Unknown Named IRS Officials
for their violations of Plaintiffs’ constitutional rights committed
while acting under color of federal authority;
This case is being handled the American Center for Law and Justice with Jay Sekulow as lead attorney. It may be viewed here.

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