WASHINGTON (CN) – The D.C. Circuit dismissed former CIA operative Valerie Plame Wilson’s damage claim against the Bush administration for allegedly leaking her identity to reporters in 2003.
Plame and her husband, Joseph Wilson IV, sued Vice President Dick Cheney, his former top aide, I. Lewis “Scooter” Libby, White House political adviser Karl Rove and others for damages, claiming the information leaked to reporter Robert Novak invaded their privacy and destroyed Plame’s covert career.
The couple also sought damages for constitutional violations under Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, which addresses the rights to free speech, equal protection, privacy and property, with each claim based on the disclosure of personal information covered by the Privacy Act.
Judge Sentelle said the court could not grant relief under Bivens, because the comprehensive Privacy Act and the sensitive intelligence information at issue in the case precluded it from doing so.
The three-judge panel also dismissed the Wilsons’ tort claim and their amended complaint.
Dissenting in part, Judge Rogers said the Wilsons should be entitled to a Bivens remedy.