United States DC Circuit

In a suit by Valerie Plame Wilson and her husband alleging that employees in the Office of the Vice President and the State Department violated their constitutional rights by publishing Wilson's status as a covert CIA employee, dismissal of all claims is affirmed where: 1) the Privacy Act, 5 U.S.C. section 552a, upon which all of plaintiffs' claims were based, is a comprehensive remedial scheme, precluding the court from allowing the Bivens remedies sought by plaintiffs; 2) even if a Bivens remedy were available, trying plaintiffs' claims in this case would still not be appropriate as it would require the disclosure of sensitive intelligence information; and 3) a state-law cause of action for invasion of privacy failed as defendants were acting within the scope of their employment when they disclosed information about plaintiff, leaving plaintiffs with remedies only under the Federal Tort Claims Act.

Appellate Information

• Argued 05/09/2008
• Decided 08/12/2008
• Published 08/12/2008

Judges

• Before:  SENTELLE, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Erwin Chemerinsky argued the cause for appellants.   With him on the briefs were Anne L. Weismann and Melanie T. Sloan.


• For Appellees:
  
• Jeffrey S. Bucholtz, Acting Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, Mark B. Stern and Charles W. Scarborough, Attorneys, Michael L. Waldman, John G. Kester, Terrence O'Donnell, C. Bryan Wilson, Robert D. Luskin, William H. Jeffress Jr., and Alex J. Bourelly.  Richard Montague, Attorney, U.S. Department of Justice, R. Craig Lawrence, Assistant U.S. Attorney, and Jeffrey A. Lamken, entered appearances., John G. Kester, Terrence O'Donnell, and C. Bryan Wilson were on the brief for appellee Vice President Richard B. Cheney.