wilkie
et
al
robbins
argued
march
decided
june
robbins
wyoming
guest
ranch
patchwork
land
parcels
intermingled
tracts
belonging
private
owners
state
wyoming
national
government
previous
owner
granted
easement
use
maintain
road
running
ranch
federal
land
return
maintain
section
road
running
across
federal
land
otherwise
isolated
parts
ranch
robbins
bought
ranch
took
title
free
easement
bureau
recorded
robbins
continued
graze
cattle
run
guest
cattle
drives
grazing
permits
special
recreation
use
permit
srup
issued
bureau
land
management
upon
learning
easement
never
recorded
bureau
official
demanded
robbins
regrant
robbins
declined
robbins
claims
negotiations
broke
defendants
began
campaign
harassment
intimidation
force
regrant
lost
easement
robbins
suit
damages
declaratory
injunctive
relief
includes
racketeer
influenced
corrupt
organizations
act
rico
claim
defendants
repeatedly
tried
extort
easement
similarly
grounded
bivens
six
unknown
fed
narcotics
agents
claim
defendants
violated
fourth
fifth
amendment
rights
ultimately
district
denied
defendants
motion
dismiss
rico
claim
based
qualified
immunity
bivens
claims
dismissed
robbins
called
fourth
amendment
malicious
prosecution
claim
fifth
amendment
due
process
claims
declined
dismiss
fifth
amendment
claim
retaliation
exercise
robbins
rights
exclude
government
property
refuse
grant
property
interest
without
compensation
adhered
denial
summary
judgment
tenth
circuit
affirmed
held
robbins
private
action
damages
sort
recognized
bivens
pp
deciding
whether
devise
bivens
remedy
retaliation
exercise
ownership
rights
first
step
ask
whether
alternative
existing
process
protecting
interest
amounts
convincing
reason
judicial
branch
refrain
providing
new
freestanding
damages
remedy
bush
lucas
even
absent
alternative
bivens
remedy
subject
judgment
federal
courts
must
make
kind
remedial
determination
appropriate
tribunal
paying
particular
heed
special
factors
counselling
hesitation
authorizing
new
kind
federal
litigation
ibid
pp
purposes
step
one
robbins
difficulties
bureau
divided
four
categories
first
torts
injuries
includes
unauthorized
survey
desired
easement
terrain
illegal
entry
robbins
lodge
instance
civil
damages
remedy
trespass
pursue
second
category
charges
brought
robbins
includes
administrative
claims
trespass
violations
fine
unauthorized
road
repair
two
criminal
charges
robbins
opportunity
contest
administrative
charges
fought
trespass
citations
challenged
road
repair
fine
far
interior
board
land
appeals
ibla
seek
judicial
review
losing
exercised
right
jury
trial
criminal
complaints
fact
jury
took
minutes
acquit
tends
support
charge
federal
trial
judge
find
government
case
thin
enough
justify
attorney
fees
robbins
appealed
ruling
late
third
category
unfavorable
agency
actions
involved
cancellation
given
robbins
predecessor
return
government
unrecorded
easement
decision
reduce
srup
five
years
one
srup
termination
grazing
permit
revocation
administrative
review
available
claim
subject
ultimate
judicial
review
administrative
procedure
act
robbins
appeal
decisions
stopped
ibla
appeal
srup
denial
obtained
ibla
stay
grazing
permit
revocation
fourth
category
includes
three
events
elude
classification
altercation
robbins
neighbor
implicate
bureau
criminal
charges
filed
bureau
employees
videotaping
ranch
guests
cattle
drive
though
annoying
possibly
bad
business
may
unlawful
depending
whether
guests
public
private
land
also
guests
might
proper
plaintiffs
tort
action
tort
might
chargeable
government
employees
likewise
air
significance
attempt
pressure
bureau
indian
affairs
employee
impound
robbins
cattle
impoundment
legitimacy
depended
whether
cattle
private
public
land
impoundment
actually
occurred
thus
robbins
administrative
ultimately
judicial
process
vindicating
virtually
complaints
state
law
gives
intuitively
meritorious
case
new
constitutional
cause
action
neither
plainly
answer
question
whether
pp
case
bivens
step
two
weighing
reasons
creating
new
cause
action
common
law
judges
always
done
robbins
concedes
single
action
might
brushed
aside
small
imposition
says
aggregate
campaign
amounted
coercion
extract
easement
redressed
collectively
side
ledger
difficulty
defining
workable
cause
action
robbins
claim
retaliation
exercising
property
right
exclude
government
fit
retaliation
cases
involve
allegation
impermissible
purpose
motivation
employee
fired
speaking
matters
public
concern
board
wabaunsee
cty
umbehr
whose
outcome
turns
questions
government
purpose
firing
employee
fired
anyway
questions
definite
answers
established
methods
identify
presence
illicit
reason
robbins
alleges
government
means
illegitimate
defendants
simply
demanded
much
went
far
however
much
kind
liability
standard
never
reliable
one
offending
actions
legitimate
tactics
designed
improve
government
negotiating
position
although
government
ordinary
landowner
many
ways
deals
neighbors
one
owner
among
rest
long
defendants
authority
withhold
withdraw
robbins
permission
use
government
land
enforce
trespass
rules
within
rights
make
plain
robbins
willingness
give
easement
determine
complaisant
trespasses
public
land
robbins
abstract
claim
recognizing
bivens
action
retaliation
resist
government
impositions
property
rights
invite
claims
every
sphere
legitimate
governmental
action
affecting
property
interests
negotiating
tax
claim
settlements
enforcing
occupational
safety
health
administration
regulations
pp
rico
give
robbins
claim
defendants
individual
capacities
robbins
argues
predicate
act
rico
claim
violation
hobbs
act
criminalizes
interference
interstate
commerce
extortion
along
attempts
conspiracies
defines
extortion
obtaining
property
another
consent
color
official
right
robbins
claim
fails
hobbs
act
apply
national
government
intended
beneficiary
allegedly
extortionate
acts
act
speak
explicitly
efforts
obtain
property
government
rather
private
party
question
turns
common
law
conception
extortion
congress
presumed
incorporated
act
see
scheidler
national
organization
women
common
law
extortion
public
official
rough
equivalent
describe
bribe
evans
public
officials
immune
extortion
charges
common
law
crime
focused
harm
public
corruption
selling
public
favors
private
gain
harm
caused
overzealous
efforts
obtain
property
government
behalf
importance
line
public
private
beneficiaries
confirmed
case
law
completely
barren
example
extortion
color
official
right
undertaken
sole
benefit
government
tellingly
robbins
cites
decision
much
less
one
hobbs
act
entire
history
finding
extortion
government
employees
efforts
get
property
government
exclusive
benefit
green
held
extortion
defined
hobbs
act
way
depends
upon
direct
benefit
conferred
person
obtains
property
support
robbins
claim
congress
meant
prohibit
extortionate
acts
interest
private
entities
like
unions
ignore
intended
beneficiary
government
without
indication
congress
reasonable
assume
hobbs
act
let
alone
rico
intended
expose
federal
employees
extortion
charges
whenever
stretch
trying
enforce
government
property
claims
defendants
conduct
fit
traditional
definition
extortion
also
survive
rico
predicate
offense
theory
chargeable
wyoming
law
punishable
imprisonment
one
year
pp
reversed
remanded
souter
delivered
opinion
roberts
scalia
kennedy
thomas
breyer
alito
joined
stevens
ginsburg
joined
part
iii
thomas
filed
concurring
opinion
scalia
joined
ginsburg
filed
opinion
concurring
part
dissenting
part
stevens
joined
charles
wilkie
et
petitioners
harvey
frank
robbins
writ
certiorari
appeals
tenth
circuit
june
justice
souter
delivered
opinion
officials
bureau
land
management
stand
accused
harassment
intimidation
aimed
extracting
easement
across
private
property
questions
whether
landowner
either
private
action
damages
sort
recognized
bivens
six
unknown
fed
narcotics
agents
claim
officials
individual
capacities
racketeer
influenced
corrupt
organizations
act
rico
ed
supp
iv
hold
neither
action
available
frank
robbins
owns
operates
high
island
ranch
commercial
guest
resort
hot
springs
county
wyoming
stretching
across
miles
territory
ranch
patchwork
mostly
contiguous
land
parcels
intermingled
tracts
belonging
private
owners
state
wyoming
national
government
natural
resources
include
wildlife
mineral
deposits
mountainous
western
portion
called
upper
rock
creek
area
place
great
natural
beauty
response
persistent
requests
environmentalists
outdoor
enthusiasts
bureau
tried
induce
ranch
previous
owner
george
nelson
grant
easement
public
use
south
fork
owl
creek
road
runs
ranch
serves
main
route
upper
rock
creek
area
nelson
refused
fear
public
disrupt
guests
activities
shortly
agreeing
sell
property
robbins
march
nelson
signed
nonexclusive
deed
easement
giving
right
use
maintain
road
along
stretch
property
return
bureau
agreed
rent
nelson
maintain
different
section
road
runs
across
federal
property
connects
otherwise
isolated
parts
robbins
holdings
may
nelson
conveyed
ranch
robbins
continued
graze
cattle
run
guest
cattle
drives
reliance
grazing
permits
special
recreation
use
permit
srup
issued
bureau
robbins
knew
nothing
nelson
grant
easement
across
south
fork
owl
creek
road
bureau
failed
record
upon
recording
warranty
deed
hot
springs
county
robbins
took
title
ranch
free
easement
operation
wyoming
law
see
wyo
stat
ann
bureau
employee
joseph
discovered
june
bureau
inaction
cost
easement
telephoned
robbins
demanded
easement
replace
nelson
robbins
refused
indicated
consider
granting
one
return
something
later
meeting
vessels
allegedly
told
robbins
federal
government
negotiate
talks
broke
brief
respondent
robbins
says
next
several
years
hereinafter
defendants
current
former
employees
bureau
carried
campaign
harassment
intimidation
aimed
forcing
regrant
lost
easement
robbins
concedes
single
one
offensive
sometimes
illegal
actions
bureau
officials
might
brushed
aside
small
imposition
says
aggregate
campaign
amounted
coercion
extract
easement
redressed
collectively
substance
robbins
claim
degree
existing
remedies
available
adequate
understood
assessed
getting
details
add
long
summer
fruitless
telephone
conversation
june
vessels
wrote
robbins
permission
survey
land
area
desired
easement
robbins
said
waste
time
bureau
survey
without
first
reaching
agreement
vessels
went
ahead
survey
anyway
trespassed
robbins
land
later
boasted
robbins
surprisingly
given
lack
damage
property
robbins
file
trespass
complaint
response
mutual
animosity
grew
however
one
bureau
employee
edward
parodi
told
superiors
look
closer
investigate
harder
possible
trespasses
permit
violations
robbins
app
parodi
also
heard
colleagues
make
certain
disparaging
remarks
robbins
referring
rich
sob
alabama
got
ranch
parodi
became
convinced
bureau
mistreated
robbins
described
conduct
volcanic
point
decision
retire
vessels
supervisor
defendant
charles
wilkie
continued
demand
easement
threat
cancel
reciprocal
maintenance
nelson
negotiated
robbins
budge
bureau
canceled
citing
robbins
refusal
grant
desired
easement
failure
even
pay
rental
fee
robbins
appeal
cancellation
interior
board
land
appeals
ibla
seek
judicial
review
administrative
procedure
act
apa
august
robbins
brought
cattle
water
source
property
belonging
neighbor
lavonne
pennoyer
altercation
ensued
pennoyer
struck
robbins
truck
riding
horse
supp
app
pp
hereinafter
app
pl
exh
record
pl
exh
defendant
gene
leone
fielded
call
pennoyer
regarding
incident
encouraged
contact
sheriff
placed
calls
sheriff
suggesting
robbins
charged
trespass
incident
parodi
claims
leone
told
think
finally
got
way
get
robbins
permits
get
business
app
october
bureau
claimed
various
permit
violations
changed
high
island
ranch
srup
srup
subject
annual
renewal
according
robbins
losing
srup
disrupted
guest
ranching
business
owing
resulting
uncertainty
permission
conduct
cattle
drives
robbins
declined
seek
administrative
review
however
part
bureau
officials
told
process
lengthy
permit
suspended
ibla
reached
beginning
defendants
brought
administrative
charges
robbins
trespass
violations
robbins
claimed
charges
false
others
unfairly
selective
enforcement
took
effort
retaliate
refusing
bureau
continuing
demands
easement
contested
number
charges
administratively
spring
south
fork
owl
creek
road
way
reach
portions
ranch
rock
creek
area
became
impassable
bureau
refused
repair
section
road
across
federal
land
robbins
took
matters
hands
fixed
public
road
even
though
bureau
refused
permission
bureau
fined
robbins
trespass
offered
settle
charge
entertain
application
renew
old
maintenance
instead
robbins
appealed
ibla
found
robbins
admitted
unauthorized
repairs
sent
bureau
bill
reimbursement
board
upheld
fine
robbins
rejected
robbins
claim
bureau
trying
providing
easement
said
record
effectively
shows
intransigence
tactic
robbins
blm
robbins
seek
judicial
review
ibla
decision
july
defendant
teryl
shryack
colleague
entered
robbins
property
claiming
terms
fence
easement
authority
robbins
accused
shryack
unlawful
entry
tore
written
instrument
ordered
property
later
month
meeting
trespass
issues
bureau
officials
michael
miller
bureau
law
enforcement
officer
questioned
robbins
without
advance
notice
without
counsel
incident
shryack
upshot
charge
two
counts
knowingly
forcibly
impeding
interfering
federal
employee
violation
ed
supp
iv
crime
penalty
one
year
prison
jury
acquitted
robbins
december
deliberating
less
minutes
robbins
according
news
story
jurors
appalled
actions
government
one
said
robbins
railroaded
worse
worked
union
pacific
app
robbins
moved
attorney
fees
hyde
amendment
stat
note
following
arguing
position
vexatious
frivolous
bad
faith
trial
judge
denied
motion
robbins
appealed
late
see
robbins
brought
lawsuit
us
though
vexation
come
june
bureau
denied
robbins
application
renew
annual
srup
based
accumulation
penalties
levied
robbins
appealed
ibla
affirmed
robbins
robbins
seek
judicial
review
august
bureau
revoked
grazing
permit
high
island
ranch
claiming
robbins
violated
terms
kept
bureau
officials
passing
property
reach
public
lands
robbins
appealed
ibla
stayed
revocation
pending
resolution
appeal
order
robbins
bureau
land
management
ibla
app
stay
held
several
years
despite
periodic
friction
without
srup
robbins
forced
redirect
guest
cattle
drives
away
federal
land
mountain
pass
unmarked
property
boundaries
august
vessels
defendants
darrell
barnes
miller
tried
catch
robbins
trespassing
driving
cattle
corner
land
administered
bureau
nearby
hilltop
videotaped
ranch
guests
drive
even
guests
sought
privacy
relieve
afternoon
robbins
alleges
barnes
miller
broke
guest
lodge
left
trash
inside
departed
without
closing
lodge
gates
next
summer
defendant
david
wallace
spoke
preston
smith
employee
bureau
indian
affairs
manages
lands
along
high
island
ranch
southern
border
pressured
impound
robbins
cattle
smith
told
robbins
nothing
finally
january
tension
actually
cooled
point
robbins
bureau
entered
settlement
agreement
among
things
established
procedure
informal
resolution
future
grazing
disputes
stayed
pending
administrative
appeals
view
ultimate
dismissal
provided
robbins
violate
certain
bureau
regulations
period
settlement
came
apart
however
january
bureau
began
formal
trespass
proceedings
robbins
unilaterally
voided
settlement
agreement
robbins
tried
enforce
agreement
federal
district
denied
relief
decision
affirmed
appeals
february
robbins
bureau
land
management
lawsuit
brought
said
robbins
asks
compensatory
punitive
damages
well
declaratory
injunctive
relief
although
originally
included
defendant
voluntarily
dismissed
government
pressed
forward
rico
claim
charging
defendants
repeatedly
trying
extort
easement
well
similarly
grounded
bivens
claim
defendants
violated
fourth
fifth
amendment
rights
defendants
filed
motion
dismiss
qualified
immunity
failure
state
claim
district
granted
holding
robbins
inadequately
pleaded
damages
rico
apa
federal
tort
claims
act
ftca
effective
alternative
remedies
precluded
bivens
relief
appeals
tenth
circuit
reversed
grounds
although
specified
bivens
relief
available
constitutional
violations
committed
individual
federal
employees
unrelated
final
agency
action
remand
defendants
moved
dismiss
qualified
immunity
rico
claim
district
denied
motion
bivens
dismissed
robbins
called
fourth
amendment
claim
malicious
prosecution
fifth
amendment
due
process
violations
declined
dismiss
fifth
amendment
claim
retaliation
exercise
robbins
right
exclude
government
property
refuse
grant
property
interest
without
compensation
limited
discovery
defendants
moved
summary
judgment
qualified
immunity
district
adhered
earlier
denial
time
appeals
affirmed
dealing
collateral
order
jurisdiction
consider
interlocutory
appeal
denial
qualified
immunity
citing
mitchell
forsyth
held
robbins
clearly
established
right
free
retaliation
exercising
fifth
amendment
right
exclude
government
private
property
explained
robbins
go
forward
rico
claim
government
employees
engag
lawful
actions
intent
extort
landowner
rather
intent
merely
carry
regulatory
duties
commit
extortion
wyoming
law
within
meaning
hobbs
act
appeals
rejected
defense
based
claim
government
legal
entitlement
demand
disputed
easement
official
obtains
property
lawful
authority
obtain
wrongful
manner
conduct
constitutes
extortion
hobbs
act
finally
appeals
said
robbins
allegations
involving
individual
action
unrelated
final
agency
action
permitted
bivens
appeals
declined
defendants
request
determine
allegations
remain
precluded
however
defendants
asked
district
sort
ibid
granted
certiorari
reverse
ii
first
question
whether
devise
new
bivens
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thomas
justice
scalia
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ginsburg
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management
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officials
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land
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island
ranch
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village
willowbrook
olech
breyer
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result
citations
internal
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marks
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amendment
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blm
mistakenly
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across
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island
ranch
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area
manager
joseph
vessels
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alabama
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landowner
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agent
gene
leone
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manager
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employees
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prosecutors
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island
ranch
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guests
spread
across
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cattle
drives
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harassment
robbins
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organize
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amendment
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amendment
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liberty
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protection
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amendment
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amendment
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internal
quotation
marks
omitted
sexual
harassment
jurisprudence
helpful
guide
title
vii
held
provide
remedy
every
epithet
offensive
remark
sexual
harassment
actionable
must
sufficiently
severe
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alter
condition
victim
employment
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meritor
savings
bank
fsb
vinson
internal
quotation
marks
alterations
citations
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see
also
national
railroad
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corporation
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hostile
work
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days
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years
direct
contrast
discrete
acts
single
act
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standard
fifth
amendment
retaliation
claims
lesse
risk
raising
tide
suits
threatening
legitimate
initiative
part
government
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ante
discrete
episodes
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might
viewed
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entitle
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relief
plaintiff
prove
pattern
severe
pervasive
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duration
degree
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strenuous
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title
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second
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