United States V Hatahley

257 F.2d 920 (10th Cir. 1958), cert. denied, 358 U.S. 899 (1958)

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Nature of the Case

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Facts

Hatahley (P) was a Navajo tribe member. P and other tribe members grazed their cattle on federal rangelands. The Government (D) and white ranchers alleged that the Navajo cattle were not entitled to graze on federal lands and filed a lawsuit to stop the practice. Before the suit was decided, federal agents, rounded up and sold the livestock to a glue factory. P then filed suit against the Government (D), contending that the roundup violated federal law, which required notice before such an action took place. P sued under the Federal Torts Claims Act. The United States Supreme Court held that the Navajos had stated a claim under the Torts Claim Act and sent the case back to the district court for a determination of damages. The judge’s calculation of damages is now the issue. The district court awarded P $395 for each horse and burro and $3500 to each plaintiff for mental pain and suffering and additional damages were given for one-half the value of the diminution of the individual herds of sheep, goats, and cattle between the date the horses and burros were taken in 1952 and the date of the last hearing in 1957. The district court accepted P’s theory that replacement could not be proven because the animals were unique from their peculiar nature and training. The court specifically rejected any evidence of the availability or value of like animals from the local marketplaces in the area. The court also held that a portion of the judgment was damages for loss of use and pain and suffering.