By Mark. J. Fitzgibbons
Citing “unconstitutional scrutiny” and “illegal release” of its application for tax-exempt status under section 501(c)(4) of the tax code, Texas-based nonprofit organization Freedom Path has sued Lois Lerner, unknown IRS officials, and the IRS.
The 56-page complaint filed April 28 in the U.S. District Court for the Northern District of Texas claims that the IRS hatched an “illegal scheme” by which “officials acting under color of federal authority” pulled and delayed applications, “and then made probing and unconstitutional requests for additional information.”
This portion of the complaint forms a basis for a Bivens action under which plaintiffs may seek damages against federal officials for violations of constitutional rights.
Freedom Path also seeks statutory damages including attorney fees under section 7431 of the tax code, which provides remedies for the intentional disclosure of confidential tax information. Freedom Path’s complaint alleges that its application for tax-exempt status was released in 2012 to ProPublica, the George Soros-funded leftwing nonprofit organization that acts as a news feeder to for-profit media outlets.