DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133576P.pdf 12/29/2014 United States v. Robert Lee Bailey
U.S. Court of Appeals Case No: 13-3576
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Murphy, Author, with Bye and Shepherd, Circuit Judges]
Civil case. For the court's prior opinion reversing and remanding the
denial of Bailey's Rule 41 motion so that it could be converted into an
action for damages, see United States v. Bailey, 700 F.3d 1149 (8th Cir.
2013). Where the government agreed to settle Bailey's claim for lost
property for $2,500 but he did not receive a check for the funds because
it was offset against his existing $45,956 child support debt, the
government did not breach the settlement agreement as Bailey received a
benefit - an offset against his debt - even if he did not receive the
funds personally; further, Bailey was notified during the settlement
discussions that any federal payments he received were subject to offset,
and he received what he bargained for.