The Timing of the Wilsons' Lawsuit in PlameGate
I've been wondering why the Wilsons chose today to file their civil lawsuit against Cheney, Libby, Rove et. al. (Background here.)
I figure it has to do with the statute of limitations. July 14, 2003 was when Bob Novak's column outing Valerie Plame was published. So, there must be a three year statute of limitations lurking somewhere.
It's not that easy to determine. The lawsuit is a Bivens federal civil rights lawsuit. Bivens is a judicially created remedy that does not have its own statute of limitations. Usually, Bivens actions borrow the limitations statute in the state where the action arose. And, while state law establishes the statute of limitations, federal law determines when the federal Bivens claims accrued.
Under federal law, the statute of limitations on a Bivens claim "begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action." This would seem to be the date Novak's column was published.
Some of the Wilsons' claims allege a violation of their 5th Amendment due process rights. The Supreme Court has recognized the due process clause and its equal protection component as being valid for Bivens claims.
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