Scodari v. Alexander

69 F.R.D. 652
CourtDistrict Court, E.D. New York
DecidedJanuary 15, 1976
DocketNo. 75 C 813
StatusPublished
Cited by1 cases

This text of 69 F.R.D. 652 (Scodari v. Alexander) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scodari v. Alexander, 69 F.R.D. 652 (E.D.N.Y. 1976).

Opinion

OPINION AND ORDER

PLATT, District Judge.

By order to show cause filed October 28, 1975, plaintiffs have moved to amend their complaint to add two additional parties. The issues raised by the proposed amendment have required the Court to consider the government’s motion to dismiss filed June 3, 1975. Consideration of that motion was earlier temporarily suspended on consent of all parties. The Court believes that plaintiffs lack standing to bring this action and therefore grants defendants’ motion for dismissal. Since the individuals whom plaintiffs attempt to add as parties cannot maintain this action either, the proposed amendment does not alter the Court’s conclusions.

I

FACTS

Plaintiffs are six special criminal investigatory agents in the Intelligence Division of the Internal Revenue Service. They seek a permanent injunction and a Writ of Mandamus to prevent their superiors: a) from forcing plaintiffs to give up the names of their confidential informants, b) from revealing the identities of informants to anyone beyond the persons under whom plaintiffs serve, and c) from sending agents of the Internal Revenue Service, other than those who have been in communication with informants, to talk to informants. Plaintiffs have moved to join a [655]*655seventh agent and one of the Service’s confidential informants as additional plaintiffs.

The gist of plaintiffs’ complaint is that their superiors in the Internal Revenue Service have ordered them to submit the names of their informants or face disciplinary action. The stated purposes of the IRS directive were to allow the Internal Audit Division of the IRS to determine whether money paid to informants actually reached them, whether the informants were doing anything illegal for their money, and whether the expenditures were worthwhile to the IRS. Plaintiffs allege in the complaint that they will suffer irreparable injury if they are forced to reveal informants’ identities in that they will no longer be able to function effectively in a professional capacity; they will be cut off from sources of information; if the identities are disclosed they will suffer ridicule and loss of respect of members of other law enforcement agencies who have supplied plaintiffs with information, and with whom plaintiffs may be required to work in the future; they will suffer a great loss of social esteem in their communities because they would be required to provide the names of informants who are friends and neighbors who wittingly or unwittingly have supplied plaintiffs with information used in investigations; they will suffer injury to their own personal mental well-being in that they would worry about the physical well-being of their confidential informants; and they would suffer injury to their reputations in that they have promised that at all times these informants’ names would remain confidential.

Plaintiffs further claim that disclosure of their informants’ identities would endanger the lives, the physical well-being, or the economic well-being of the informants. They also allege injury to the public interest in that disclosure would render plaintiffs ineffective in their work of protecting the public against organized crime, political corruption and narcotics trafficking.

This dispute over revealing informants’ identities arose when the Internal Revenue Service in April of last year adopted an internal policy requiring agents to turn over information about informants to superiors. Plaintiffs believe that this policy greatly increases the chances that informants’ identities will be revealed.1

When in the early stages of this litigation plaintiffs moved to enjoin the IRS from implementing the policy, and the government cross-moved for dismissal, the parties agreed before this Court 1) that the government would during the pendency of this litigation disclose only the identities of those who operated as informants after the date of the change in IRS policy, and 2) that the motion to dismiss would be temporarily left undecided.

Plaintiffs have in connection with their motion for leave to amend in effect asserted that the government has broken its agreement. It therefore has become necessary for the Court to decide the requests for preliminary injunction and for dismissal.

The government has advanced a number of grounds in its motion to dismiss this action, including absence of subject matter jurisdiction, lack of standing, sovereign immunity, and failure to state a claim upon which relief can be granted. We will consider only the standing question.

II

PLAINTIFFS LACK STANDING TO BRING THIS SUIT IN THEIR OWN INTERESTS

The test this Court must apply to determine whether plaintiffs have stand[656]*656ing to bring a suit challenging agency action was first articulated in Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970). There the Supreme Court through Mr. Justice Douglas granted standing to a seller of data processing services to challenge a ruling by the Comptroller of the Currency that national banks should be permitted to make data processing services available to other banks and to bank customers. The Court rejected the “legal interest” test for standing, ruling that the question should be

“whether the plaintiff alleges that the challenged action has caused him injury in fact, economic or otherwise [and] whether the interest sought to be protected by the complainant is arguably within the zone-of interests to be protected or regulated by the statute or constitutional guarantee in question.” 397 U.S. at 152-53, 90 S.Ct. at 829-830.

We proceed to consider plaintiffs’ position in accordance with this two-part test.

A. Plaintiffs do not allege “Injury in Fact”

Before these plaintiffs can be said to have standing under Data Processing they must allege that the Internal Revenue Service has caused them an injury in fact, which is to say they must meet the case or controversy requirements of Article III. The injury may be aesthetic, conservational or recreational, as well as economic, see Association of Data Processing Service Organizations v. Camp, supra; Sierra Club v. Morton, 405 U.S. 727, 734, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972). But to be an injury “in fact” it must still have substance and not be completely imaginary or subjective. The Supreme Court pointed out in 1973 that

“ ‘Injury in fact’ . . . serves to distinguish a person with a direct stake in the outcome of a litigation— even though small—from a person with a mere interest in the problem.” United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 689 n. 14, 93 S.Ct. 2405, 2417, 37 L.Ed.2d 254 (1973).

Individuals cannot be accorded standing “to do no more than vindicate their own value preferences through the judicial process.” Sierra Club v. Morton, supra, 405 U.S. at p. 740, 92 S.Ct. at p. 1369.

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Cite This Page — Counsel Stack

Bluebook (online)
69 F.R.D. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scodari-v-alexander-nyed-1976.