Legal Opinion · Dissent
Richard v. United States
Court of Appeals for the Federal Circuit
Decided April 13, 2012No. 2011-5083Published
1DissentLourie, Circuit Judge
I respectfully dissent from the majority’s decision to vacate and remand the United States Court of Federal Claims’ (“Claims Court”) dismissal of the claim in this case.
The Claims Court concluded that the “bad men” provision from the Fort Laramie Treaty of 1868 does not render the United States liable for wrongs committed by those who are not “subject to the authority of the United States”—ie., employees, agents, or representatives of the United States or otherwise acting upon the United States’ behalf. Richard v. United States, 98 Fed.Cl. 278, 290 (2011). As the drank driver in this case was…
2Cases cited15 opinions
- Washington v. Washington State Commercial Passenger Fishing Vessel Assn.Supreme Court of the United States · 1979
- Medellin v. TexasSupreme Court of the United States · 2008
- Federal Aviation Administration v. CooperSupreme Court of the United States · 2012
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
- Minnesota v. Mille Lacs Band of Chippewa IndiansSupreme Court of the United States · 1999
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