Wilkie v. Robbins

551 U.S. 537, 127 S. Ct. 2588, 168 L. Ed. 2d 389, 2007 U.S. LEXIS 8513
CourtSupreme Court of the United States
DecidedJune 25, 2007
Docket06-219
StatusPublished
Cited by669 cases

This text of 551 U.S. 537 (Wilkie v. Robbins) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkie v. Robbins, 551 U.S. 537, 127 S. Ct. 2588, 168 L. Ed. 2d 389, 2007 U.S. LEXIS 8513 (2007).

Opinions

Justice Souter

delivered the opinion of the Court.

Officials of the Bureau of Land Management stand accused of harassment and intimidation aimed at extracting an easement across private property. The questions here are whether the landowner has either a private action for damages of the sort recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), or a claim against the officials in their individual capacities under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. §§ 1961-1968 (2000 ed. and Supp. IV). We hold that neither action is available.

I

A

Plaintiff-respondent Frank Robbins owns and operates the High Island Ranch, a commercial guest resort in Hot Springs County, Wyoming, stretching across some 40 miles of territory. The ranch is a patchwork of mostly contiguous land [542]*542parcels intermingled with tracts belonging to other private owners, the State of Wyoming, and the National Government. Its natural resources include wildlife and mineral deposits, and its mountainous western portion, called the upper Rock Creek area, is a place of great natural beauty. In response to persistent requests by environmentalists and outdoor enthusiasts, the Bureau tried to induce the ranch’s previous owner, George Nelson, to grant an easement for publie use over South Fork Owl Creek Road, which runs through the ranch and serves as a main route to the upper Rock Creek area. For a while, Nelson refused from fear that the public would disrupt his guests’ activities, but shortly after agreeing to sell the property to Robbins, in March 1994, Nelson signed a nonexclusive deed of easement giving the United States the right to use and maintain the road along a stretch of his property. In return, the Bureau agreed to rent Nelson a right-of-way to maintain a different section of the road as it runs across federal property and connects otherwise isolated parts of Robbins’s holdings.

In May 1994, Nelson conveyed the ranch to Robbins, who continued to graze cattle and run guest cattle drives in reliance on grazing permits and a Special Recreation Use Permit (SRUP) issued by the Bureau. But Robbins knew nothing about Nelson’s grant of the easement across South Fork Owl Creek Road, which the Bureau had failed to record, and upon recording his warranty deed in Hot Springs County, Robbins took title to the ranch free of the easement, by operation of Wyoming law. See Wyo. Stat. Ann. -§34-1-120 (2005).

When the Bureau’s employee Joseph Vessels1 discovered, in June 1994, that the Bureau’s inaction had cost it the easement, he telephoned Robbins and demanded an easement to replace Nelson’s. Robbins refused but indicated he would [543]*543consider granting one in return for something. In a later meeting, Vessels allegedly told Robbins that “‘the Federal Government does not negotiate,’” and talks broke down. Brief for Respondent 5. Robbins says that over the next several years the defendant-petitioners (hereinafter defendants), who are current and former employees of the Bureau, carried on a campaign of harassment and intimidation aimed at forcing him to regrant the lost easement.

B

Robbins concedes that any single one of the offensive and sometimes illegal actions by the Bureau’s officials might have been brushed aside as a small imposition, but says that in the aggregate the campaign against him amounted to coercion to extract the easement and should be redressed collectively. The substance of Robbins’s claim, and the degree to which existing remedies available to him were adequate, can be understood and assessed only by getting down to the details, which add up to a long recitation.2

In the summer of 1994, after the fruitless telephone conversation in June, Vessels wrote to Robbins for permission to survey his land in the area of the desired easement. Robbins said no, that it would be a waste of time for the Bureau to do a survey without first reaching agreement with him. Vessels went ahead with a survey anyway, trespassed on Robbins’s land, and later boasted about it to Robbins. Not surprisingly, given the lack of damage to his property, Robbins did not file a trespass complaint in response.

Mutual animosity grew, however, and one Bureau employee, Edward Parodi, was told by his superiors to “look closer” and “investigate harder” for possible trespasses and other permit violations by Robbins. App. 128-129. Parodi [544]*544also heard colleagues make certain disparaging remarks about Robbins, such as referring to him as “the rich SOB from Alabama [who] got [the Ranch].” Id., at 121. Parodi became convinced that the Bureau had mistreated Robbins and described its conduct as “the volcanic point” in his decision to retire. Id., at 133.

Vessels and his supervisor, defendant Charles Wilkie, continued to demand the easement, under threat to cancel the reciprocal maintenance right-of-way that Nelson had negotiated. When Robbins would not budge, the Bureau canceled the right-of-way, citing Robbins’s refusal to grant the desired easement and failure even to pay the rental fee. Robbins did not appeal the cancellation to the Interior Board of Land Appeals (IBLA) or seek judicial review under the Administrative Procedure Act (APA), 5 U. S. C. § 702.

In August 1995, Robbins brought his cattle to a water source on property belonging to his neighbor, LaVonne Pennoyer. An altercation ensued, and Pennoyer struck Robbins with her truck while he was riding a horse. PlaintiffAppellee’s Supp. App. in No. 04-8016 (CA10), pp. 676-681 (hereinafter CA10 App.); 9 Record, PI. Exh. 2, pp. 164-166; 10 id., PI. Exh. 35a, at 102-108. Defendant Gene Leone fielded a call from Pennoyer regarding the incident, encouraged her to contact the sheriff, and himself placed calls to the sheriff suggesting that Robbins be charged with trespass. After the incident, Parodi claims that Leone told him: “ ‘I think I finally got a way to get [Robbins’s] permits and get him out of business.’” App. 125,126.

In October 1995, the Bureau claimed various permit violations and changed the High Island Ranch’s 5-year SRUP to a SRUP subject to annual renewal. According to Robbins, losing the 5-year SRUP disrupted his guest ranching business, owing to the resulting uncertainty about permission to conduct cattle drives. Robbins declined to seek administrative review, however, in part because Bureau officials told [545]*545him that the process would be lengthy and that his permit would be suspended until the IBLA reached a decision.3

Beginning in 1996, defendants brought administrative charges against Robbins for trespass and other land-use violations. Robbins claimed some charges were false, and others unfairly selective enforcement, and he took all of them to be an effort to retaliate for refusing the Bureau’s continuing demands for the easement. He contested a number of these charges, but not all of them, administratively.

In the spring of 1997, the South Fork Owl Greek Road, the only way to reach the portions of the ranch in the Rock Creek area, became impassable.

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Bluebook (online)
551 U.S. 537, 127 S. Ct. 2588, 168 L. Ed. 2d 389, 2007 U.S. LEXIS 8513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkie-v-robbins-scotus-2007.