“[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.’
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