Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CRAFT v. MCNULTY

January 28, 1995

MICHAEL CRAFT, SR., Plaintiff, -vs- HONORABLE MICHAEL R. McNULTY, Defendant.


The opinion of the court was delivered by: THOMAS J. MCAVOY

 Presently before the Court is a motion for dismissal made pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure brought by defendant Michael McNulty, a United States Representative from the 21st Congressional District of New York. It is alleged that the complaint fails to state a cause of action upon which relief can be granted, and, moreover, it is alleged that the doctrine of qualified immunity protects the defendant from the suit at bar.

 I.

 Under normal circumstances, the facts of the case would be summarized by the Court before the case is analyzed. However, since the complaint in question is fairly short, the court will reprint the complaint in its entirety as factual background for this case:

 
In September of 1992, I, Michael Craft, Sr. contacted Michael R. McNulty, my Congressman, of criminal activity and violations of the law by Internal Revenue Service Personnel. Mr. McNulty and myself with myself submitting numerous sworn affidavits, communicating more than six times in writing, and submitting signed Treasury 211 contracts, ceased contact due to letter from a Commissioner Cornelius Coleman claiming the direct opposite from what I had sworn to. Mr. McNulty cut off contact with me after this and refused to represent me. He did not contact justice or conduct any Congressional hearings.
 
Mr. McNulty is my elected Representative and was elected by the constitutional process to represent and help his contituants [sic].
 
Mr. McNulty sided with a public employee and cut off all contact even though he had evidence from me to substantiate all my charges.
 
Mr. McNulty did violate my constitutional right to representation by refusing to demand a complete Internal Investigation by an independant [sic] congressional committee.
 
I made serious accusations, and still do, of a number of criminal charges against Internal Revenue Service Personal. Mr. McNulty did nothing.
 
Mr. McNulty had a constitutional duty to seek out the truth and he did not.
 
On February 10, 1993, Michael McNulty received notice from on Cornelius Coleman, Regional Commissioner of the IRS, 90 Church Street N.Y. N.Y. 10007 that I was lying and had no credibility even though the IRS had just completed one of my cases.
 
I informed Michael McNulty, as my Congressman, that Mr. Coleman was covering up fraud and McNulty did nothing.
 
I claim Michael McNulty did committ [sic] tort upon me in that he promised to represent me and the Constitution and did neither.
 
I also claim Mr. McNulty did violate my right to do [sic] process by not contacting the Justice Department and by not ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.