Jones v. United States

6 Cl. Ct. 531, 1984 U.S. Claims LEXIS 1266
CourtUnited States Court of Claims
DecidedNovember 6, 1984
DocketNo. 369-80C
StatusPublished
Cited by16 cases

This text of 6 Cl. Ct. 531 (Jones v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. United States, 6 Cl. Ct. 531, 1984 U.S. Claims LEXIS 1266 (cc 1984).

Opinion

[532]*532ON DEPENDANT’S MOTION FOR RECONSIDERATION

OPINION

SETO, Judge.

This case comes before the court on defendant’s motion for reconsideration, and plaintiff’s response thereto, for reconsideration of this court’s earlier order denying defendant’s and plaintiff’s cross-motions for summary judgment.1 In reaching its earlier decision, the court considered the issues of whether an Air Force Reserve Officer Screening Board (“ROSB”) included an “appropriate number” of reserve members as required by 10 U.S.C. § 266(a), and whether plaintiff’s claim was barred by laches. The court found that facts material to the proper disposition of both issues remained unresolved and denied the parties’ cross-motions.' Upon reconsideration, and for the reasons stated below, defendant’s motion for summary judgment is granted and plaintiff’s complaint is to be dismissed.

The undisputed material facts of this case establish that plaintiff, a Captain in the Air Force Reserve, was recommended for involuntary release from active duty by an ROSB convened on October 15, 1973, and was so released on July 24, 1974. On October 30, 1974, plaintiff reenlisted in the Air Force and became retirement eligible on February 1, 1983. Plaintiff pursued no administrative remedy following his separation and filed this action on July 18,1980, shortly after reading a news article regarding a case involving similar facts then pending in the Court of Claims (Stewart v. United States, 222 Ct.Cl. 42, 611 F.2d 1356 (1979)).

DISCUSSION

In its earlier order, this court identified the two elements of laches as (1) unreasonable delay in filing suit, and (2) resulting prejudice to defendant. See Brundage v. United States, 205 Ct.Cl. 502, 504 F.2d 1382 (1974), cert. denied, 421 U.S. 998, 95 S.Ct. 2395, 44 L.Ed.2d 665 (1975). In reviewing the first element of this defense, the court found that there remained the issue of whether a reasonable person in plaintiff’s position should have inquired about the ROSB’s composition and declined to rule on the issue of unreasonable delay. In light of the evidence supplied by the parties, as well as recent decisions of the Claims Court and the Court of Appeals for the Federal Circuit, and finding that no facts material to the proper disposition of the issue of laches exist, the court will address the applicability of the doctrine of laches to the instant case.

Unreasonable Delay

To avoid laches, a litigant must pursue his claim with diligence from the date it accrues. See Brundage, 205 Ct.Cl. at 507, 504 F.2d 1382. Because plaintiff’s claim accrued at the time of his separation on July 24, 1974, it is from this date that plaintiff’s actions are scrutinized. Id.

As an excuse for his delay in filing suit, plaintiff argues that all the facts necessary to determine his claim were not known to him until he read a news article concerning Stewart v. United States. It was at that time, he claims, that he learned of a possible cause of action against the United States involving the composition of the ROSB which recommended his involuntary release from active duty. In essence, plaintiff contends that his duty to diligently pursue his claim arises only after it is possible for him to conclude, from the facts known to him, that a claim exists. Defendant rejoins that diligence must be evidenced from the time plaintiffs claim accrues, not from the time he learns that a claim may exist. Basically, defendant argues that plaintiff is charged with constructive knowledge of the law and has a duty to inquire about the facts necessary to determine whether a cause of action exists.

Essentially, plaintiff seeks to justify his delay in instituting suit by claiming ignorance of the law; ignorance which was [533]*533cured only upon reading a news article concerning a similar case then pending in the Court of Claims. Plaintiffs position, however, is untenable. The Court of Claims rejected a similar argument in Ide v. United States, 25 Ct.Cl. 401 (1890). In Ide, plaintiff attempted to justify his lack of diligence in pursuing his claim by alleging he was ignorant of the controlling law until the Supreme Court’s decision of a case similar to his own some years earlier. In dismissing plaintiff’s claim, the court noted that the Supreme Court did not make the law, but merely “threw judicial light upon what had been the law for more than eighty years, as everybody was bound to know.” 25 Ct.Cl. at 408. Where laches is raised, knowledge of the law is imputed to all plaintiffs. Consequently, professed ignorance of one’s legal rights does not justify delay in filing suit. See Harris v. Lykes Bros. Steamship Co., Inc., 375 F.Supp. 1155, 1158 (E.D.Tex.1974), cited with approval in Weber v. United States, 213 Ct.Cl. 720, 722, 553 F.2d 105 (1977).

Similarly, the professed ignorance of the factual basis of a cause of action does not justify delay in filing suit. Based on the information known to him at the time of his release from active duty, i.e., the adverse decision of the ROSB, and constructive knowledge of the contents of 10 U.S.C. § 226(a), plaintiff acquired a duty to seek facts to determine if the ROSB in question complied with the appropriate regulations.2 As the Claims Court stated in Foster v. United States, 3 Cl.Ct. 440, 444 (1983), aff'd, 733 F.2d 88 (Fed.Cir.1984):

Plaintiffs were bound to know that the statute in these eases required representation of an “appropriate number” of reservists and were bound to take action to ascertain whether the representation was appropriate.

Plaintiff was under a duty to diligently pursue his claim once it accrued in July of 1974 by discharging his affirmative duty to inquire and acting on the facts discovered.3 There is no evidence of such diligence and no plausible excuse for plaintiff’s delay in filing suit.4

Finally, plaintiff claims that the length of his delay — nearly six years — is not unreasonable, and attempts to distinguish Foster on the basis that plaintiff’s claims therein were filed after the expiration of the six-year statute of limitations period. Although it is true that the statute of limitations bears on the applicability of laches, “[ijmplicit in the statute of limitations period is a shorter period in which laches may apply...” Deering v. United States, 223 Ct.Cl. 342, 348, 620 F.2d 242, 245 (1980). Indeed, this court has barred plaintiffs from pursuing their claims where their delay was significantly less than six years.5 Because plaintiff has established no cognizable extenuating circumstances for his nearly six-year delay in filing suit, this court finds unreasonable and inexcusable delay in the initiation of this action.

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6 Cl. Ct. 531, 1984 U.S. Claims LEXIS 1266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-united-states-cc-1984.