Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

High court hears case on right to sue federal employees[Wyoming}
GOVExec.com ^ | 20 March 2007 | Brittany R. Ballenstedt

Posted on 03/25/2007 1:41:02 AM PDT by Dacb

The Supreme Court heard oral arguments Monday in a case that raises significant issues about the ability of private citizens to sue government employees.

In the case, Wilkie v. Robbins, a Wyoming rancher charged that officers at the Interior Department's Bureau of Land Management retaliated against him after he refused to give the agency access to his land. The rancher, Harvey Frank Robbins, alleged the BLM officers violated the Racketeer Influenced and Corrupt Organizations Act and his Fifth Amendment rights by revoking his grazing permits and extorting him to gain access.

Robbins originally filed suit against the six BLM employees in 1998. After a series of failed efforts by the government to have the suit dismissed in the U.S. District Court in Wyoming and the 10th U.S. Circuit Court of Appeals, government officials then appealed the case to the Supreme Court.

Harvard Law professor Laurence Tribe, who represented Robbins, told the high court that private citizens should have a constitutional right to sue government employees for ongoing harassment, as opposed to having to sue the government in general for each action.

But BLM, represented by Greg Garre, deputy solicitor general at the Justice Department, argued that government employees should be immune from such lawsuits because the government, and not the employees themselves, stood to gain from the easement.

"Here, the nature of the responsibilities are enforcing grazing permits [and] enforcing access to public lands, activities that BLM officials have discretion and have had discretion for more than a century to enforce. And we think that falls squarely within the rubric of qualified immunity," Garre said.

The dispute in this case goes back to 1994, when Robbins purchased a guest ranch in Wyoming, not knowing that the BLM, which controls the federal land adjoining the ranch, had granted the previous owner a right of way over federal land in exchange for an easement. Though the previous owner had properly recorded the right of way, the BLM had not yet recorded the easement when Robbins purchased the ranch. When a BLM employee asked Robbins to reinstate the easement without offering any compensation, Robbins declined.

Robbins alleged that a series of retaliatory acts followed. He argued that the employees brought false criminal charges against him, revoked his grazing and recreational use permits and trespassed on his property.

Justice Antonin Scalia said that it is unrealistic for Robbins to have to sue for each individual act of retaliation, but argued that there would be nothing wrong with the BLM "playing hardball," especially if the government was offering a fair exchange to obtain the easement.

But Tribe argued that the government did not offer a fair exchange but rather "dug in" and performed a number of illegal acts to retaliate against Robbins.

Tribe further argued that the statutory definition of extortion includes acts by public officials who use their authority to obtain property, not for themselves but for the government, and because of that definition, public officials are not immune to the law.

Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent that would flood the legal system with similar lawsuits. "The possibility of the legal imagination becomes endless," Justice Stephen Breyer said.

Chief Justice John Roberts added that such a ruling could enable private individuals to claim that anything a government employee does under color of law is retaliation, including necessary actions performed by agents of the Internal Revenue Service and the Occupational Safety and Health Administration. He noted that there are other federal laws and administrative regulations that allow citizens to pursue grievances against federal agencies.

If the Supreme Court rules in favor of Robbins, he can pursue his case in Wyoming District Court against BLM employees Charles Wilkie, Darrell Barnees, Teryl Shryack, Michael Miller, Gene Leone and David Wallace.

The high court is expected to issue a ruling before it adjourns in June.


TOPICS: Crime/Corruption; Government; US: Wyoming
KEYWORDS: blm; govwatch; propertyrights; robbins; scotus; supremecourt; wyoming
Navigation: use the links below to view more comments.
first previous 1-2021-4041-56 next last
To: Dacb
"Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent that would flood the legal system with similar lawsuits. "The possibility of the legal imagination becomes endless," Justice Stephen Breyer said." ~~~~~~~~~ US Government and Defense Secretary Robert S. McNamara A class action lawsuit has been filed against the U.S. government, former Defense Secretary Robert S. McNamara, and other government officials on behalf of certain Vietnam War veterans. The suit alleges that the plaintiffs were unknowingly used as test subjects for a chemical and biological warfare experiment in the 1960s, known as SHAD/Project 112. The suit is seeking damages for the cover-up by government officials of the experiments, and for the denial of information to the plaintiffs who were potentially harmed by exposure to chemical and biological agents and simulants. Without knowledge of the testing, the veterans are unable to receive medical treatment. The defendant�s motion to dismiss the case was rejected on Tuesday September 30. http://www.lawyersandsettlements.com/case/government2
21 posted on 03/25/2007 4:18:32 AM PDT by JB in Whitefish
[ Post Reply | Private Reply | To 1 | View Replies]

To: moonman

Thanks for the update.


22 posted on 03/25/2007 4:41:08 AM PDT by saveliberty (Nancy Pelosi = Pork surrenders to fascism. Cut and Run! Cut and Run!)
[ Post Reply | Private Reply | To 20 | View Replies]

To: Dacb

Unfortunately, if there is no accountability in the courts...all that's left is the Second Ammendment....which is, after all, in the end, why it exists.


23 posted on 03/25/2007 4:45:37 AM PDT by mo
[ Post Reply | Private Reply | To 1 | View Replies]

To: philman_36
Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent that would flood the legal system with similar lawsuits. "The possibility of the legal imagination becomes endless," Justice Stephen Breyer said.

It that Breyer again, Justice Breyer, what about the long standing, if not constitutional, right to "redress of grievance"?

24 posted on 03/25/2007 4:57:04 AM PDT by RAY (God Bless the USA!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: philman_36
"And if they don't do something to stop government employees from abuses like the ones described where will we be in ten years, twenty years? "

If the Dims get into the White House again, look for more Wacos and Ruby Ridges.

25 posted on 03/25/2007 5:16:54 AM PDT by Liberty Wins (Life, Liberty, and the pursuit of all who threaten these.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: jim35

My family confronted this issue after Jimmah Cahtah's federal surface mine law went into effect. Department of the Interior employees were beyond arrogant during their inspections and any appeal was back to the same federal a**hole.


26 posted on 03/25/2007 5:32:47 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: RAY
It that Breyer again, Justice Breyer, what about the long standing, if not constitutional, right to a "redress of grievance"?
The right to "redress of grievances" is part of the 1st Amendment and a Constitutional right.
...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

And, as in the days of Patrick Henry, the government can ignore them.

We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne.

27 posted on 03/25/2007 6:53:52 AM PDT by philman_36
[ Post Reply | Private Reply | To 24 | View Replies]

To: AZRepublican
He doesn't have a 5th amendment case because he was never charged with a crime and the denied due process of the laws.

The unconstitutional taking of his property by the use of extortion instead the Constitutionally prescribed method gives rise to the 5th amendment claim. Property can't be taken without due process of law or just compensation.

28 posted on 03/25/2007 7:32:33 AM PDT by Colorado Doug
[ Post Reply | Private Reply | To 15 | View Replies]

To: mo
Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent

They just hate it when that pesky Constitution thingy setting precedent.

29 posted on 03/25/2007 7:38:19 AM PDT by Colorado Doug
[ Post Reply | Private Reply | To 23 | View Replies]

To: Dacb
I filed an almost identical suit against some National Park Service thugs back in '92. Suing the NPS employees personally under RICO and section 1983 was how I did it too. After reading the Act, RICO (Racketeering Influencenced Corrupt Organization Act) really does feel like a good fit with federal land managers.

They left me alone after I filed the suit but I finally let it go. Something like that can completely consume your life. I wish Robbins all the best and am glad he got some help. It would be a great day in America for him to win.

I am a little shocked to see Laurence Tribe on the right side of a property rights issue.

In my case, the Park Superintendent was transfered and my greatest satisfaction was the new Superintendent begging me to please not pick on her. They behave much more neighborly when they suffer personal exposure for their actions.

30 posted on 03/25/2007 8:01:19 AM PDT by Colorado Doug
[ Post Reply | Private Reply | To 1 | View Replies]

To: Colorado Doug

Wow. Great story, thanks. I always liked the saying, 'One man with courage is a majority'.


31 posted on 03/25/2007 8:05:33 AM PDT by Dacb (No winter lasts forever; no spring skips its turn.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: mo

>>>...if there is no accountability in the courts...all that's left is the Second Ammendment...<<<

If there is no accountability in the courts, the 2nd Amdendment is as good as dead. Therefore, all that would be left is the natural right to keep and bear arms for self defense.


32 posted on 03/25/2007 8:47:59 AM PDT by PhilipFreneau (God deliver our nation from the disease of liberalism!)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Dacb
I hope that you will consider posting this again, on a week day where it will get more exposure. If those self anointed posting police whine, just blame it on me. This is a very important case that could bring some measure of accountability back.
33 posted on 03/25/2007 10:28:51 AM PDT by Colorado Doug
[ Post Reply | Private Reply | To 31 | View Replies]

To: Colorado Doug

This is a great post, well worth those of us who believe in individual owners of property having rights over our government reading. God bless this land owner.


34 posted on 03/25/2007 10:35:31 AM PDT by Plains Drifter (America First, Last, and Always!!!)
[ Post Reply | Private Reply | To 33 | View Replies]

To: JillValentine

State, county and municipal govt is the same way. Govt employees frequently get personally and emotionally involved in their duties and will act unprofessionally as a result. I have no doubt that some govt employees harrass citizens and violate their rights as a means of retaliation. Had that problem with a county "code enforcement officer" aka building code jerk. Fortunately, the local judge routinely dismissed all of their citations because he thought that they were a bunch of jerks as well.


35 posted on 03/25/2007 10:43:35 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Colorado Doug
...supporting it could create a precedent

It already is a precedent in Wyoming state court.

A college professor took it upon himself to intimidate and yell at a student about something in class.

When she sued, the Prof used the "academic fredom" defense.

The Wyoming Supreme Court said, show us in your job description where you were hired to yell at a student and intimidate her. If not, you were acting outside the scope of what you were hired for.

Immunity only extends to the scope of your lawful employment.

36 posted on 03/25/2007 10:49:34 AM PDT by Dan(9698)
[ Post Reply | Private Reply | To 29 | View Replies]

To: philman_36; 1Old Pro; aardvark1; a_federalist; abner; alaskanfan; alloysteel; alfons; ...

This is one of the most important cases to ever be heard by the USSC.

Criminal activity by zealous actions of individuals should not be shielded by the might of the US govt.


37 posted on 03/25/2007 11:27:25 AM PDT by editor-surveyor (Turning the general election into a second Democrat primary is not a winning strategy.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Dacb
"I know the Paragon Foundation has helped him with his case. Good institution."

They are on the verge of dropping out of existance.

38 posted on 03/25/2007 11:31:11 AM PDT by editor-surveyor (Turning the general election into a second Democrat primary is not a winning strategy.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: JB in Whitefish

Breyer...

Disgusting!


39 posted on 03/25/2007 11:33:55 AM PDT by editor-surveyor (Turning the general election into a second Democrat primary is not a winning strategy.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: editor-surveyor

BTTT


40 posted on 03/25/2007 11:34:52 AM PDT by E.G.C.
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-56 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson