All defendants have moved to dismiss pursuant to Rule 12(b)(6) and DOJ, Gonzales and
Elston have moved to dismiss pursuant to Rule 12(b)(1). Defendant Gonzales also has moved todismiss pursuant to Rule 12(b)(5) for insufficient service of process.
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIASEAN M. GERLICH, et al.,Plaintiffs,v.Civil Action No. 08-1134 (JDB)UNITED STATES DEPARTMENTOF JUSTICE, et al.,Defendants.MEMORANDUM OPINION
Plaintiffs are eight unsuccessful applicants for employment with the United StatesDepartment of Justice ("DOJ") who assert claims arising from the well-publicized misconduct of senior DOJ officials who allegedly discriminated against certain applicants based upon their political affiliations. Plaintiffs assert claims against defendant DOJ for monetary and equitablerelief under the Privacy Act, the Civil Service Reform Act ("CSRA"), the Federal Records Act("FRA") and the United States Constitution. Plaintiffs have also sued former DOJ officialsAlberto Gonzales, Monica Goodling, Michael Elston, and Esther McDonald, and current DOJofficial Louis DeFalaise (collectively, the "individual defendants"), personally for moneydamages based on claims brought directly under the First and Fifth Amendments to theConstitution. Now pending before the Court are motions to dismiss filed by DOJ and each of theindividual defendants pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).
From the inception of this case, plaintiffs have emphasized, repeatedly, the extraordinary