PATRIOT ATTORNEY Cheyenne, WY 82003 PATRIOT ATTORNEY Arlington, VA 22209-2004 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING MARILYN PATRIOT, ) ) Plaintiff, ) ) v. ) Civil No. 2:08xxx ) UNITED STATES OF AMERICA, ) ) Defendant. ) _____________________________________)
1. When the complaint was originally filed on October 11, 2007 in the District of Columbia, Plaintiff requested trial by jury (paragraph 3). The Jury Demand and this memorandum are intended to re-confirm that request.
2. There is no doubt that this Court clearly has the discretion to have this matter tried by a jury. “Nothing in the Constitution...precludes the judge from granting a jury trial as a matter of discretion.” Ross v Bernard, 396 US 531, 550 (Stewart, J., dissenting on other issues).
3. Plaintiff asks for a jury trial based on Rule 38 of the Federal Rules of Civil Procedure.
4. In addition, the Supreme Court did recognize the particular importance of a right to a trial by jury, especially when a plaintiff is confronting the government. The importance of the jury in such cases cannot be overstated because it gives the citizen an opportunity to challenge governmental misconduct.
5. Trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives. Duncan v Louisiana, 391 US 145, 88 S Ct 1444, 20 LEd2d 491 (1968) at 1451.
6. "I consider [the trial by jury] as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution." Thomas Jefferson.
7. Given the circumstances of this case and the reasons set out above, Plaintiff hereby requests that this Court grants the motion for trial by jury both as a matter of discretion and of right.
Respectfully submitted, ______/s/ ______________ Date: September 16, 2008 Patriot Attorney Arlington, VA 22209-2004
This is to certify that a copy of the foregoing paper was served on counsel for Defendant via the Court’s electronic filing system on September 16, 2008.
KELLY H. RANKIN
United States Attorney
CAROL A. STATKUS
Assistant United States Attorney
2120 Capitol Avenue, Room 4002
Cheyenne, Wyoming 82001
ADAIR F. BOROUGHS
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, DC 20044
Attorneys for the United States