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Jay Dobyns claimed victory Tuesday following an order in his favor by the United States Court of Federal Claims, the retired Bureau of Alcohol, Tobacco, Firearms and Explosives agent announced in a news release on his website. The decision marks a legal resolution for a bizarre and outrageous personal nightmare that included death threats against the agent and his family and the arson of his home, and resulted in his having to take the government on in court.
Dobyns gained fame after infiltrating the Hells Angels in a "harrowing undercover journey" he wrote about in his New York Times bestseller, "No Angel." The former agent has been the subject of several Gun Rights Examiner reports focused on retaliation he has been subjected to for coming forward with information exposing official wrongdoing. He was also instrumental in providing background information on management personalities and practices involved in the Operation Fast and Furious "gunwalking" scandal.
"[T]he court finds that defendant did not breach the Settlement Agreement, but did breach the covenant of good faith and fair dealing," Senior Judge Francis M. Allegra noted, characterizing Dobyns' ordeal as "Kafkaesque" with no-nonsense candor revealing he is not at all pleased with government conduct. "Based on the breach of the covenant, the court finds that plaintiff is entitled to damages in the amount of $173,000. The court further finds that defendant is not entitled to recover anything with respect to its counterclaim."
"I have been vindicated," Dobyns affirmed in his news release. "Today, Judge Allegra describes ATF as an agency with 'organizational weaknesses, the inability of agency officials to supervise and control, and of demonstrated misfeasance - all rooted in the sorry failure of some ATF officials.'
"My legal counsel, led by James Reed, proved to be extraordinary and brilliant," Dobyns acknowledged." Jim and his team took on a fight that no else dared. With Jeff Elder and Carson Emmons together they played out a courtroom version of David and Goliath challenging the most well-resourced and powerful law firm in the history of the planet, the United States Department of Justice. Armed with the equivalent of a stone and a slingshot, they won.
"Certain individuals should be prosecuted," Dobyns observed about ATF officials and employees involved in agency abuses. "Others should be forced to resign. If this does not happen then ultimately I have accomplished nothing for the greater good."
The likelihood of that may depend on what Congress does with information it has been given. At this writing, there has been no response or action resulting from an open letter Dobyns wrote to members of the Senate and House of Representatives in August on the sixth anniversary of the arson of his home.
Attorney Reed has released a media advisory with complete details of the case. Those wishing to learn more about this case can consult that document, as well as related suggested articles listed at the end of this report.
http://www.examiner.com/article/no-angel-dobyns-wins-david-and-goliath-challenge-against-atf