United States Eighth Circuit

In a conversion and intentional infliction of emotional distress action brought under the Federal Tort Claims Act, district court judgment is affirmed in part and reversed in part where: 1) the court erred in finding that there was a conversion of plaintiff's farming equipment as the Bureau of Indian Affairs' leasing of plaintiffs' property allotments alone was insufficient to constitute an actionable degree of interference rising to the level of a forced sale of the equipment to the BIA; 2) the court erred in awarding prejudgment interest as prejudgment interest is not available under the Act; and 3) the court did not abuse its discretion in awarding non-economic damages award for emotional distress.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John Samuel Koppel, argued, Mark B. Stern, on the brief, Washington, DC, for appellant.


• For Appellees:
  
• John Mahoney, argued, Center, ND, appellees.