Church of Scientology of California v. Shirley Foley

SPOTTSWOOD W. ROBINSON, III, Circuit Judge, with whom EDWARDS and GINSBURG, Circuit Judges,

join, dissenting:

This case came before the court en banc after a divided panel1 reversed a District Court order2 dismissing as time-barred an action brought by appellant, the Church of Scientology of California, against four federal employees, the appellees herein.3 The *1337Church sought money damages on the basis of allegations that appellees had participated some ten years earlier in the preparation and dissemination of a Department of Labor memorandum containing statements falsely accusing the Church of…