934 F. Supp. 2d 816
D. Maryland2013Background
- Plaintiffs challenge Section 8(a)(1) of the STOCK Act requiring online posting of Financial Disclosure Forms by Congressional employees.
- Plaintiffs include IFPTE and individual GAO/CRS employees; defendants are United States, Secretary of the Senate, Sergeant at Arms, and Clerk of the House; individuals sued in their official capacities.
- The court granted-in-part the motions to dismiss: United States dismissed with prejudice due to sovereign immunity; claims against individual defendants dismissed without prejudice for lack of proper venue.
- Court applied Larson exception to allow injunctive relief against individual defendants, recognizing it applies to legislative branch officers per D.C. Circuit authority.
- Venue under 28 U.S.C. § 1391(e) is improper for actions against officers of the United States outside the executive branch; case dismissed without prejudice as to individual defendants.
- The proceedings also discuss mootness concerns arising from subsequent Congressional amendments to the STOCK Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars all claims against the United States. | Plaintiffs concede US waivers do not apply. | Sovereign immunity bars the suit. | Granted; claims against United States dismissed with prejudice. |
| Whether the Larson exception permits injunctive relief against individual legislative branch officers. | Larson applies; seeks injunction against officers. | Larson does not apply to legislative branch officers. | Granted; Larson exception applies; injunctive relief against individuals not barred by sovereign immunity. |
| Whether venue is proper for claims against individual defendants in this district. | § 1391(e) permits venue due to officers' status. | § 1391(e) applies only to executive branch officials. | Not proper; claims against individuals dismissed without prejudice. |
Key Cases Cited
- McLean v. United States, 566 F.3d 391 (4th Cir. 2009) (sovereign immunity extends to Congress as a branch of government)
- Pollack v. Hogan, 703 F.3d 117 (D.C. Cir. 2012) (Larson exception applies to judicial branch officials (travel rights as a constitutional claim))
- Clark v. Library of Congress, 750 F.2d 89 (D.C. Cir. 1984) (Larson exception applies to Library of Congress officials; unconstitutional acts permit specific relief)
- Liberation News Serv. v. Eastland, 426 F.2d 1379 (2d Cir. 1970) (supports restricting § 1391(e) to executive branch officials; legislative branch not covered)
- Duplantier v. United States, 606 F.2d 654 (5th Cir. 1979) (expands Larson-like reasoning beyond executive officers)