Charles Wilkie, et al. v. Harvey Frank Robbins (551 U.S. 537)
U.S. Supreme Court · decided June 25, 2007 · Supreme Court Database (Spaeth)
- Citation
- 551 U.S. 537 · 127 S. Ct. 2588
- Decided
- June 25, 2007
- Term
- October Term 2006
- Vote
- 7–2
- Majority author
- Justice Souter
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
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 parcels 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…
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