Racketeer Influenced and Corrupt Organizations Act (RICO), Extortion, Eminent Domain, Fifth Amendment, Government Officials, Administrative Law, Property Law
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:
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.
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.
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.