Civil Rights Claim by Crow Indians against FBI Dismissed

Mostly. One claim against an FBI officer remains.

The case is Cole v. FBI (D. Mont.): DCT Order Dismissing Cole Plaintiffs

The complaint is here: Cole Complaint.

Excerpts from news coverage here, via Pechanga:

Cebull agreed that the Coles and Springfield lacked standing to assert rights as individuals because they did not allege they had been the subject of discriminatory law enforcement. The link between injuries alleged by the plaintiffs and the alleged misconduct of the government employees was too weak to meet requirements for bringing a case, he said.

The court, however, held that the plaintiffs had standing to assert an equal-protection claim against Oravec and did not dismiss that claim.

Cebull agreed with Ostby that factual allegations “create an inference’’ that Oravec was “motivated by racial animus when conducting his investigation into the deaths of Steven Bearcrane and Robert Springfield.”

The plaintiffs alleged that Oravec had been heard to say that female American Indian victims of sexual assault “were asking for assault or words to that effect.” And, they claimed, Oravec tried to hinder crime investigations and that when the Coles visited the FBI offices to ask about the investigation into their son’s death, he attempted to intimidate Cletus Cole by taking him out of camera range and showing him his gun.

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