DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081212P.pdf 05/06/2009 Virgil Wilkinson, etc. v. United States
U.S. Court of Appeals Case No: 08-1212
District of North Dakota - Bismarck
[PUBLISHED] [Melloy, Author, with Bowman and Smith, Circuit Judges]
Civil case - Federal Tort Claims Act. For the court's prior opinion in
the matter, see Wilkinson v. United States, 440 F.3d 970 (8th Cir. 2006).
The district court erred in finding that the BIA's leasing of plaintiffs'
property allotments was a conversion of their farming equipment as the
leasing, alone, was insufficient to constitute an actionable degree of
interference rising to the level of a forced sale of the equipment to the
BIA; prejudgment interest is not available under the Federal Tort Claims
Act; non-economic damage award for emotional distress is affirmed.