Skip to content
    The Laws of Existence
    Cases · Kirchner v. Johnson et al.Document 432 of 436 · review with its citations →

    Plaintiff's Opposition to the Federal Defendants' Motion to Dismiss (Doc 73)

    60-page opposition to the Federal Defendants' motion to dismiss (ECF No. 69): Article III standing (concrete injury, traceability, redressability; the generalized-grievance bar and the "patently insubstantial" attack); sovereign immunity bars none of the claims actually asserted; the service and Rule 8 arguments; Bivens governs only a fraction of the claims; the Speech or Debate Clause and qualified immunity (Chairman Carr); the immunity doctrine the Government invokes fails at its modern apex and at its foundation (Floyd v. Barker, Star Chamber, 1607); the with-prejudice request is unsupported.

    Loading PDF…

    PDF Document
    •
    Click and drag to pan • Scroll to navigate pages

    “There is great reason that the King himself shall take account of it, and no other.”

    — Sir Edward Coke, Floyd v. Barker (Star Chamber, 1607), 12 Co. Rep. 23, 77 Eng. Rep. 1307