Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Wilkie v. Robbins

United States Supreme Court
551 U.S. 537 (2007)


Frank Robbins (plaintiff) owned a ranch. The Bureau of Land Management had negotiated an easement with the ranch’s former owner, but the bureau failed to record the easement. Robbins took the ranch free of the encumbrance. The bureau began contacting Robbins about granting an easement, but Robbins refused. Over the next few years, Robbins and the bureau engaged in a series of retaliatory actions against each other. Among other things, the bureau altered certain terms of Robbins’s special-use permits; bureau employees trespassed on Robbins’s property to conduct a survey without permission; the bureau refused to fix a damaged public road leading to Robbins’s property, causing Robbins to fix the road himself, which, in turn, resulted in the bureau fining Robbins for trespassing; and the bureau charged Robbins with two counts of impeding and interfering with a federal employee (the jury found Robbins not guilty after a 30-minute deliberation). Robbins brought suit against Charles Wilkie and other bureau employees (defendants) for intimidation and harassment, seeking a new constitutional cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court granted the defendants’ motion to dismiss, holding that Robbins had alternative remedies under the Administrative Procedure Act and the Federal Tort Claims Act, which precluded a Bivens claim. The United States Court of Appeals for the Tenth Circuit reversed. On remand, the district court denied the defendants’ motion to dismiss with respect to Robbins’s Fifth Amendment claim. The court of appeals affirmed. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Souter, J.)

Concurrence (Thomas, J.)

Concurrence/Dissent (Ginsburg, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial