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Senator Edward Kennedy — Part 22
Page 32
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the United States or its agencies cannot be sued. The
complaint, as nearly as it can be deciphered, does not allege
any cause of action of which Congress has waived immunity.
Conclusion
In the context of actions against federal officials,
such as in this case, the Supreme Court has instructed lower
federal Courts not to perpetuate lawsuits "otherwise crying
out for dismissal":
"Insubstantial lawsuits can be quickly
terminated by Federal Courts alert to the
possibilities of artful pleading. Unless
the complaint states a compensable claim
for relief---it should not service a
motion to dismiss."
Butz v. Economou, 439 U.S. 478, 507-508; Harlow v.
Fitzgerald, 457 U.S. 808, 817-18 (1982). When a plaintiff
has not set forth any information indicating a claim for
relief, the case should be dismissed. Tnis complaint, in
most charitable terms, is strictly conclusory and
unintelligible. For all the foregoing reasons, the Court
should dismiss this suit with prejudice.
Respectfully submitted,
RONALD REAGAN, et al
By their Attorneys,
LINCOLN C. ALMOND
United States Attorney
dh Mh fare
7” EVERETT C. SAMMARTINO
Assistant U.S. Attorney
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