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Tuesday, June 13, 2006 12:00 AM

A civil suit against Karl Rove?

A lawyer for Joseph Wilson and Valerie Plame says the day "still may come" when Rove and others are called to account.

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  • Tuesday, June 13, 2006 07:33 PM

    Wilson/Plame cause of action

    Sam is way out in right field. Retaliation by a governmental actor for one's exercise of the right to criticize government officials has long been recognized as a violation of First Amendment rights actionable (where the defendant acts under color of state law) pursuant to 42 U.S.C. 1983. Where, as here, the retaliation takes place by a federal actor, the cause of action for damages arises directly under the Constitution itself pursuant to the Bivens doctrine. The immunity issues, however, are tricky, and discovery would likely be stayed pending resolution of any immunity defenses asserted at the pleading stage.

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