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Am-Pro Protective Agency, Inc. v. United States

Uncorroborated affidavit, alleging implausible duress by government contract officer and executed six years after government's alleged breach of service contract, was insufficient to circumvent statute of limitations or agreement releasing claim for unpaid services.

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Appealed from: The United States Court of Federal Claims Judge Bohdan A. Futey

Plaintiff-Appellant Am-Pro Protective Agency, Inc. (“Am-Pro”) appeals from a judgment of the United States Court of Federal Claims dismissing, as untimely, the contract action that Am-Pro brought against the government and holding, in the alternative, that the government was entitled to summary judgment based on a previously executed release. See Am-Pro Protective Agency v. United States, No. 98-940C, slip op. (Feb. 2, 2001). At the same time, the trial court rejected Am-Pro’s assertion that it had executed this release under duress, meaning (according to Am-Pro) that neither the release nor the applicable limitations period barred its contract claim.

Because the only evidence Am-Pro relies on in opposition to summary judgment–an uncorroborated affidavit executed six years after the government’s alleged wrongdoing occurred–cannot create a genuine issue and meet the high evidentiary burden of proof needed to overcome the presumption that government officials act properly and in good faith, we reject Am-Pro’s argument that it was entitled to a trial. We therefore affirm the grant of summary judgment in favor of the government. Accordingly, we need not review the dismissal under RCFC 12(b)(1).

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