Vereline v. United States

OPINION

NETTESHEIM, Judge.

Defendant moved for summary judgment in its favor on the ground that the doctrine of laches bars plaintiff’s claim challenging her separation from the United States Air Force on October 18,1968, and plaintiff has opposed. After oral argument the parties submitted supplemental memoranda addressing the novel question of whether a plaintiff can be charged with inexcusable delay when her cause of action is based on a constitutional right which did not obtain judicial recognition until many years after her cause of action accrued upon her separation in 1968.

FACTS

Under the…