Gallop v. Cheney, No. 10-1241 (2d Cir. 2011)Annotate this Case
Plaintiffs, a Specialist in the United States Army and her infant son, sued defendants, former and senior government officials, alleging that defendants caused the September 11th, 2001 attacks against the United States in order to create a political atmosphere in which they could pursue domestic and international policy objectives and to conceal the misallocation of $2.3 trillion in congressional appropriations to the Department of Defense. Plaintiffs were in the Pentagon on September 11th and assert violations of their constitutional rights under Bivens v. Six Unknown Federal narcotics Agents, a common law tort of conspiracy to cause death and great bodily harm, and a violation of the Antiterrorism Act, 18 U.S.C. 2333(a). At issue was whether the district court erred in dismissing plaintiffs' complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and concluding that plaintiffs' claims were frivolous. The court affirmed the district court's dismissal and held that the few conceivably "well-pleaded" facts in the complaint were frivolous and were pure speculation and conjecture. The court also ordered plaintiffs' counsel to show cause why sanctions should not be imposed under Federal Rule of Appellate Procedure 38.
The court issued a subsequent related opinion or order on July 7, 2011.
The court issued a subsequent related opinion or order on October 14, 2011.
The court issued a subsequent related opinion or order on February 2, 2012.
The court issued a subsequent related opinion or order on February 3, 2012.