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EARLE v. DISTRICT OF COLUMBIA

No. 11-7078.

707 F.3d 299 (2012)

Vernon Norman EARLE, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2012.

Attorney(s) appearing for the Case

Dominic F. Perella argued the cause for the appellant. Peter S. Spivack , Sean Marotta and Jonathan B. Skowron were on brief.

James C. McKay Jr. , Senior Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for the appellee. Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Vernon Earle (Earle) alleges that the District of Columbia (District) violated rights conferred upon him by Article 36(1)(b) of the Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 101, 596 U.N.T.S. 261 (VCCR). Assuming without deciding that Article 36(1)(b) confers individually enforceable rights actionable under 42 U.S.C. § 1983, we conclude that Earle's suit is untimely. We therefore affirm...

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