To DU Lawyers: Can US citizens file class action suit against the US

Seansky

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Wed Dec-14-05 02:49 PM
Original message

To DU Lawyers: Can US citizens file class action suit against the US

government for mis-use of tax dollars based on the inability to cover basic needs (heat or education)because the taxes we are paying have been cut from covering programs that help the taxpayer with basic needs? Or something similar?

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rpgamerd00d

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Wed Dec-14-05 02:50 PM
Response to Original message

1. You can sue because the moon is full if you want

I think what you mean is "Can you WIN?"

Probably not.

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Cary

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Wed Dec-14-05 03:01 PM
Response to Original message

2. The general rule is no, because. . .

you cannot sue the government unless the government consents to be sued. This is commonly known as "sovereign immunity."

In order to sue the federal government you would have to first find some kind of waiver which is generally found in a particular statute. Someone may know of an applicable waiver, or they might be clever enough to concoct an argument that a particular waiver may apply. Otherwise, the answer is no.

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(1000+ posts) Send PM | Profile | Ignore

Wed Dec-14-05 03:43 PM
Response to Reply #2

3. How about each individual that voted for the cuts

as citizens? Or is there some recourse to sueing for taxation without representation? Or miss-use of taxes?

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Cary

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Wed Dec-14-05 05:31 PM
Response to Reply #3

7. If an official is acting in his or her official capacity, the answer is

still no.

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goodhue

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Wed Dec-14-05 03:47 PM
Response to Original message

4. No, taxpayer standing generally not sufficient to sue federal government

See http://en.wikipedia.org/wiki/Taxpayer_standing

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onenote

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Wed Dec-14-05 03:47 PM
Response to Original message

5. in a word -- no.

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PhilipShore

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Wed Dec-14-05 03:55 PM
Response to Original message

6. I am not a lawyer but the DU lawyers are right

I am not a lawyer but the DU lawyers are right

I am not a lawyer but the DU lawyers are giving you good advice. The republicans wrote in current case law, that they have no time to hear cases from the people themselves.

I was an exception in my civil suit because, well I said in my briefs before the 11th circuit federal courts for Miami, that the rule was unreasonable, and thus a new rule has to be written,and I won.

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Fri May 03rd 2024, 02:49 AM
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