Here is the unpublished opinion in Cole v. Oravec.
Briefs:
Prior posts here.
Cole v. Oravec
NYTs Article on Oravec v. Cole
Here.
An excerpt:
Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United States Supreme Court has ruled.
Ninth Circuit materials here.
Cert Opposition Brief in Bivens Action against BIA Officer
Here is the cert opp in Oravec v. Cole:
Petition is here. I still expect a CVSG or something here.
BIA Agent Subject to Bivens Action Files Cert Petition
Here is the petition in Oravec v. Cole:
The question presented:
Whether a motion to dismiss brought by a federal law enforcement officer asserting qualified immunity should be granted under Aschroft v. Iqbal, 556 U.S. 662 (2009), where the complaint alleges a Bivens claim through nothing more than a formulaic recitation of the elements of the cause of action, general and unsupported statistics and musings, and alleged policy problems having nothing to do with the particular officer.
Lower court materials here.
Ninth Circuit Allows Bivens Action against FBI Agent that Failed to Properly Investigate Murder of Indians
Here is today’s unpublished opinion in Cole v. Oravec. An excerpt:
Defendant-Appellant Matthew Oravec, an agent with the Federal Bureau of Investigation, appeals from the district court’s denial of his qualified immunity motion in this Bivens action brought on behalf of two deceased Native American men. The Appellees are relatives of the two deceased men – Steven Bearcrane and Robert Springfield. The Appellees allege that Oravec violated their right to equal protection when he failed to conduct a sufficiently thorough investigation of the two deaths out of an alleged animus toward Native Americans.
Here are the briefs:
Turtle Talk 