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Wilkie v. Robbins

Docket No.: 06-219
Certiorari Granted: Dec 1 2006
Argued: March 19, 2007
Decided: June 25, 2007

Topics:

First Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Eighth Amendment, Bivens action, Bureau of Land Management, Hobbs Act, judicial review, privacy, property rights, qualified immunity, Racketeer Influenced and Corrupt Organizations Act, Retaliation, RICO, Takings Clause, Title VII, Union

PartyNames: Charles Wilkie, et al. v. Harvey Frank Robbins
Petitioner: Charles Wilkie, et al.
Respondent: Harvey Frank Robbins

Court Below: United States Court of Appeals for the Tenth Circuit

Charles Wilkie, et al.
v.
Harvey Frank Robbins
551 U.S. 537 (2007)
Background:

This case involves a damages action brought against officials of the Bureau of Land Management in their individual capacities based on alleged actions taken within the individuals' official regulatory responsibilities in attempting to obtain a reciprocal right-of-way across private property intermingled with public lands. The following questions are presented:

Question Presented:

1. Whether government officials acting pursuant to their regulatory authority can be guilty under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., of the predicate act of extortion under color of official right for attempting to obtain property for the sole benefit of the government and, if so, whether that statutory prohibition was clearly established.2. Whether respondent's Bivens claim based on the exercise of his alleged Fifth Amendment rights is precluded by the availability of judicial review under the Administrative Procedure Act, 5 U.S.C. 701 et seq., or other statutes for the kind of administrative actions on which his claim is based.3. Whether the Fifth Amendment protects against retaliation for exercising a "right to exclude" the government from one's property outside the eminent domain process and, if so, whether that Fifth Amendment right was clearly established.

Question:

1) Can government officials acting pursuant to their regulatory authority be guilty of extortion under the Racketeer Influenced and Corrupt Organizations Act (RICO) for attempting to obtain property for the benefit of the government? 2) Is a Bivens claim based on Fifth Amendment rights precluded by the availability of judicial review under the Administrative Procedure Act? 3) Does the Fifth Amendment protect against retaliation for exercising a "right to exclude" the government from one's property?

Note:

EXPEDITED BRIEFING SCHEDULE.

Holding: judgment reversed and remanded
Vote: 7-2
Opinion By:
Read WILKIE V. ROBBINS opinion (PDF)
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