Harris

Ctr. for Competitive Politics v. Harris

Good Law
296 F. Supp. 3d 1219
United States District Court, Eastern District of CaliforniaOctober 30, 2017No. 2:14–cv–00636–MCE–DBCalifornia5,627 words

Opinion

Lead Opinion

England, J.

Through the present action, Plaintiff Center for Competitive Politics ("Plaintiff") seeks to permanently enjoin against Defendant Kamala Harris in her official capacity as Attorney General of the State of California ("Defendant") from requiring an unredacted copy of Plaintiff's IRS Form 990 Schedule B as a condition of soliciting funds in California on grounds that said requirement violates Plaintiff's rights under the First and Fourth Amendments to the United States Constitution, and further violates the Constitution's Supremacy Clause. 1 Plaintiff brings those claims under the auspices of 42 U.S.C. § 1983 . Now before the Court is Defendant's Motion to Dismiss Plaintiff's First Amended Complaint ("FAC") in its entirety, brought under Federal Rule of Civil Procedure 12(b)(6) on grounds that it fails to state a claim upon which relief can be granted. For the reasons set forth below, Defendant's Motion is GRANTED.

BACKGROUND

Plaintiff is a Virginia nonprofit corporation recognized by the Internal Revenue Service as a § 501(c)(3) public charity. FAC, ¶ 3. Its stated mission is "to promote and defend the First Amendment rights of free political speech, assembly, association, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.