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No. 8624175
United States Court of Appeals for the Ninth Circuit
Said v. Pascual
No. 8624175 · Decided August 11, 2006
No. 8624175·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 11, 2006
Citation
No. 8624175
Disposition
See opinion text.
Full Opinion
*633 MEMORANDUM ** Georgette H. Said appeals from the district court’s dismissal for lack of subject matter jurisdiction of an action against federal employees. We have reviewed the responses to this court’s May 25, 2006 order to show cause and we conclude that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). An action against Internal Revenue Service employees acting in their official capacity is barred by the doctrine of sovereign immunity absent express statutory consent to sue. See Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985). Further, claims relating to the assessment or collection of taxes are not actionable under the Federal Tort Claims Act or as a Bivens action. See 28 U.S.C. § 2680 (c) (FTCA); Fry v. Melaragno, 939 F.2d 832, 836-38 (9th Cir.1991) (Bivens). Accordingly, we summarily affirm the district court’s judgment. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
Said appeals from the district court’s dismissal for lack of subject matter jurisdiction of an action against federal employees.
Key Points
01Said appeals from the district court’s dismissal for lack of subject matter jurisdiction of an action against federal employees.
02We have reviewed the responses to this court’s May 25, 2006 order to show cause and we conclude that the questions raised in this appeal are so insubstantial as not to require further argument.
04An action against Internal Revenue Service employees acting in their official capacity is barred by the doctrine of sovereign immunity absent express statutory consent to sue.
Frequently Asked Questions
Said appeals from the district court’s dismissal for lack of subject matter jurisdiction of an action against federal employees.
FlawCheck shows no negative treatment for Said v. Pascual in the current circuit citation data.
This case was decided on August 11, 2006.
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