Kizas v. Webster

532 F. Supp. 1313 (D.D.C. 1982)

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Nature of the Case

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Facts

Webster (D) terminated a program for clerical employees of the FBI wherein they received preferential consideration for jobs as special agents. P sued D claiming that this was a taking of private property without just compensation, in violation of the Fifth Amendment. The Court granted P's Motion for Summary Judgment on liability, and requested further submissions on the measure of damages, noting that 'it may well be impossible to compensate plaintiffs precisely; money damages awarded on the basis of 'rough justice' are in order.' P motioned for summary judgment on damages. P wants damages to place them in as good a position as they would have occupied had the wrongfully terminated clerk-to-agent program never existed. These are reliance damages. Or in the alternative damages to compensate for termination of the program by placing them in as good a position as they would have occupied had the clerk-to-agent program not been terminated. These are expectancy damage. Ps argue that here the benefit of the bargain is too difficult to value, and damages should be measured by what the Ps gave up in reliance on the existence of the preference.