Afflerbach v. American Bar Association, C75-138.

• Decision Date: 14 August 1975
• Docket Number: No. C75-138.,C75-138.
• Parties: Rev. Dr. John Joseph AFFLERBACH et al., Plaintiffs, v. AMERICAN BAR ASSOCIATION et al., Defendants.
• Court: U.S. District Court — District of Wyoming

401 F. Supp. 108

Rev. Dr. John Joseph AFFLERBACH et al., Plaintiffs, v. AMERICAN BAR ASSOCIATION et al., Defendants.

No. C75-138.

United States District Court, D. Wyoming.

August 14, 1975.

KERR, District Judge.

ORDER DISMISSING COMPLAINT WITH PREJUDICE

Thirty plaintiffs, all members of the American Constitutional Rights Protective Association, instituted this action against the President of the United States, the Attorney General of the United States, Chief Justice of the United States and five Justices thereof, the Governor of the State of Wyoming, United States Senator Edward Kennedy, the American Bar Association, the State Bar Association, all Judges of the Circuit Courts of Appeals, all United States District Judges except twelve, the Supreme Court of the State of Wyoming and all Judges thereof, the United States District Attorney for the District of Wyoming; the defendants, comprising 500 to 600 officials and individuals, are too numerous to mention in the caption of this order or the body hereof.

In short, the Complaint alleges:

Plaintiffs are members of the American Constitutional Rights Protective Association and/or Life Science Church, the beliefs of the latter, according to plaintiffs, being the Declaration of Independence and the Constitution of the United States.

In their first claim, plaintiffs allege that defendants have conspired to violate and deprive them of their civil rights through the control and monopolization of the distribution of legal services. That, the defendants have conspired "not only to make it a crime to Petition, but to make it a crime to even discuss the very provisions of the Constitution." That, this conspiracy allegedly has been effected by the "control exerted by judges and bar associations over the practice of law and by the refusal to permit persons who are not licensed by these bar associations to represent fellow citizens."

Plaintiffs, in a second claim, further allege that defendants have conspired to enact unconstitutional legislation in the form of laws requiring the payment of income taxes and the reporting of income. Plaintiffs further allege that these laws violate their religious beliefs and that in defending themselves, plaintiffs have been "forced to take counsel licensed by the enemy and governed by the bar associations, which are an altruistic society of socialists, collectivists and communists."

Plaintiffs further claim that defendants have conspired to violate various provisions of the

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