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Pollinger v. Internal Revenue Service Oversight Board

United States District Court, N.D. Florida, Pensacola Division
Mar 19, 2010
Case No: 3:07cv13/RV/MD (N.D. Fla. Mar. 19, 2010)

Opinion

Case No: 3:07cv13/RV/MD.

March 19, 2010


ORDER


This cause is back before the court upon remand by the Eleventh Circuit Court of Appeals for entry of an order dismissing for lack of subject matter jurisdiction the plaintiff's constitutional claims to the extent that he sought money damages.See, e.g., McMahon v. Presidential Airways, Inc., 502 F.3d 1331, 1345 (11th Cir. 2007) (recognizing that claim against United States for damages arising out of violation of constitutional rights is barred by doctrine of sovereign immunity); Boda v. United States, 698 F.2d 1174, 1176 (11th Cir. 1983) (same).

Pursuant to the Eleventh Circuit mandate issued on March 15, 2010, and consistent with the above-cited authority, the plaintiff's constitutional claims are hereby DISMISSED for lack of jurisdiction based on sovereign immunity. The Clerk is directed to close this case.

DONE and ORDERED.


Summaries of

Pollinger v. Internal Revenue Service Oversight Board

United States District Court, N.D. Florida, Pensacola Division
Mar 19, 2010
Case No: 3:07cv13/RV/MD (N.D. Fla. Mar. 19, 2010)
Case details for

Pollinger v. Internal Revenue Service Oversight Board

Case Details

Full title:HARRY POLLINGER, Plaintiff, v. INTERNAL REVENUE SERVICE OVERSIGHT BOARD…

Court:United States District Court, N.D. Florida, Pensacola Division

Date published: Mar 19, 2010

Citations

Case No: 3:07cv13/RV/MD (N.D. Fla. Mar. 19, 2010)