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Senator Edward Kennedy — Part 22
Page 29
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s) (8)
a 9
ax
“insubstantial lawsuits undermine the
effectiveness of government as
contemplated by our constitutional
structure, and firm application of the
Federal Rules. of Civil Procedure is fully
warranted in such cases"--
Circuit courts have interpreted this to mean that a
plaintiff's complaint must address with specificity how the
defendant federal officials will not be able to rely on an
immunity defense. See, e.g. Blliott v. Perez, 751 F2d 1472
(5th Circ-1985).
DEFENDANTS ARES ENTITLED TO
IMMUNITY FROM SUIT INDIVIDUALLY
Although the complaint is incomprehensibly vague so as
to determine if a claim is set for common law tort or
constitutional tort liability it must be assumed the
plaintiff is complaining about acts performed by said
officials in their official duties or conduct. If this is
the case, courts require the complaint to set forth all of
the factual allegations needed to support the conclusion that
the defendant violated clearly established law asserted as
the basis of recovery. See Martin v. Malhoyt, (supra at 830
F.2d 254); Dominique v. Telb, 831 F.2d 673, 676 (6th
Circ-1987).
The problem here is, nowever, the complaint is so vague
it is impossible to tell if statutory or constitutional
claims are being alleged. But assuming arguendo that the
plaintiff -has met the heightened pleading standard, dismissal
would ‘still be required.
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