the Supreme Court has been pretty hostile to Bivens claims (suing the federal government for alleged constitutional violations) in recent years, and in this term.  Not sure that claim would have gotten far under any judge.

You are right about the other part though.  To claim that outing CIA agents is within the "scope of employment" of Cheney and his minions is a rather novel conception of what our governmental officials should be doing every day.  To say the least.