Mason v. Judges of the United States Court of Appeals

952 F.2d 423, 293 U.S. App. D.C. 67, 1991 WL 269002
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 20, 1991
DocketNo. 91-5141
StatusPublished
Cited by11 cases

This text of 952 F.2d 423 (Mason v. Judges of the United States Court of Appeals) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Judges of the United States Court of Appeals, 952 F.2d 423, 293 U.S. App. D.C. 67, 1991 WL 269002 (D.C. Cir. 1991).

Opinion

Opinion for the Court filed by Senior Circuit Judge FRIEDMAN.

FRIEDMAN, Senior Circuit Judge.

This is an appeal from the judgment of the United States District Court for the District of Columbia dismissing as time-barred a complaint against the active judges of this court and the United States. The government has moved for summary affirmance. We conclude that the decision of the district court is so clearly correct as to warrant summary disposition. Cf. Walker v. Washington, 627 F.2d 541, 545 (D.C.Cir.), cert. denied sub nom. Walker v. Barry, 449 U.S. 994, 101 S.Ct. 532, 66 L.Ed.2d 292 (1980). We therefore grant the motion to affirm and affirm the judgment of the district court.

I

A. This case is a sequel to a previous suit that Irvin, Phyllis, and Lark Mason and the Mason Engineering Company filed in 1974 in the United States District Court for the District of Columbia against the Panama Canal Company. That case stemmed from the company’s dismissal of the appellant Irvin H. Mason from his position there as an engineer. According to the appellants, Mason was dismissed for whistleblowing activities. The suit alleged several personnel and tort claims.

The district court dismissed some of the counts in the complaint on the Canal Company’s motion. After trial to the court, the court entered findings of fact and conclusions of law dismissing the remaining count. On appeal, this court, after briefing and oral argument, summarily affirmed the district court judgment on October 20, 1982, pursuant to our Local General Rules 13(a), 13(c), and 8(f) (all now superseded by General Rule 14). Our judgment stated in pertinent part as follows:

While the issues presented occasion no need for an opinion, they have been accorded full consideration by the Court. See Local Rule 13(c).
On consideration of the foregoing, it is ORDERED and ADJUDGED by this Court that the judgment of the District Court appealed from in this case be and hereby is affirmed for the reasons articulated in its Memorandum Opinion and Order, filed May 11, 1979, and on the basis of its Findings of Fact, Conclusions of Law and Order, filed August 24, 1981.

The judgment also directed the clerk to withhold the mandate until seven days after the disposition of any timely petition for rehearing.

The appellants filed a petition for rehearing with suggestion for rehearing en banc which challenged, among other things, the disposition of the case without a published opinion. This court denied rehearing (and rejected the suggestion for rehearing en banc) on December 21,1982. The Supreme Court denied certiorari. Mason v. Panama Canal Co., 460 U.S. 1086, 103 S.Ct. 1779, 76 L.Ed.2d 350 (1983).

B. On December 13, 1988, more than six years after this court’s summary affirmance, Irvin and Phyllis Mason and Mason Engineering Company (the Masons) filed the present case in the district court. The suit named as defendants the active judges of this court “in their official capacities” and the United States, as successor to the Panama Canal Company. The Masons sought a declaration that the rules and practices of this court, under which the earlier suit was summarily affirmed without an opinion, were unlawful, and a new hearing before this court in the prior case that will result in a published explanation of the basis for decision.

In a memorandum opinion, the district court dismissed the complaint as barred by the six-year limitations period in 28 U.S.C. § 2401(a) (1988).

II

Section 2401(a) of Title 28 provides:

[Ejvery civil action commenced against the United States shall be barred unless [69]*69the complaint is filed within six years after the right of action first accrues.

A. This court has not previously directly addressed the question whether a suit against federal officials challenging their official actions is a suit against the United States under this provision. We have so recognized, however, by applying that statute to such suits. See, e.g, Walters v. Secretary of Defense, 725 F.2d 107, 111-15 (D.C.Cir.1983); Calhoun v. Lehman, 725 F.2d 115, 117 (D.C.Cir.1983); Impro Prod., Inc. v. Block, 722 F.2d 845, 849-50 (D.C.Cir.1983), cert. denied, 469 U.S. 931, 105 S.Ct. 327, 83 L.Ed.2d 264 (1984); Oppenheim v. Campbell, 571 F.2d 660, 662-63 (D.C.Cir.1978). In Saffron v. Department of the Navy, 561 F.2d 938, 941-42 (D.C.Cir.1977), cert. denied, 434 U.S. 1033, 98 S.Ct. 765, 54 L.Ed.2d 780 (1978), we held that § 2401(a) covered a suit “nominally against named federal officials” but seeking money damages from the government, since the suit “was in every sense a ‘civil action commenced against the United States’ ” under § 2401(a). Id. at 941-42 (citing Dugan v. Rank, 372 U.S. 609, 620-23, 83 S.Ct. 999, 1006-08, 10 L.Ed.2d 15 (1963)).

We now make explicit, as did the Fifth Circuit in Geyen v. Marsh, 775 F.2d 1303, 1307 (5th Cir.1985), what was implicit in our prior decisions, namely, that a civil action against a federal official based on that person’s official actions is a “civil action commenced against the United States” under § 2401(a). To the extent the present suit is against the active judges of this court, it is a suit “against the United States.”

B. 1. The district court correctly held that the six-year limitations period in § 2401(a) bars the present suit. The gravamen of the complaint is that this court erred in deciding the prior appeal without an opinion. The “right of action” thus asserted “first accrue[d]” on October 20, 1982, when this court decided the appeal in a summary order of affirmance and without an opinion. Since the present suit was not filed until December 13, 1988, more than six years after our decision of affirmance was issued, it is time-barred under § 2401(a).

2. The Masons seek to avoid the force of this reasoning by contending that their action did not accrue until December 21, 1982, when their petition for rehearing was denied. This court’s decision, however, was final when it was rendered on October 20,1982. The Masons’ claim, challenging only the failure of this court to render an opinion, accrued at that time.

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Cite This Page — Counsel Stack

Bluebook (online)
952 F.2d 423, 293 U.S. App. D.C. 67, 1991 WL 269002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-judges-of-the-united-states-court-of-appeals-cadc-1991.