Here is today’s order list.
The Court denied cert in Dupris v. Procter and Hicks v. Hudson Insurance.
Dupris v. McDonald.
Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers
Here is the petition in Dupris v. Proctor:
Questions presented:
1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether federal agents have “discretion” to arrest an individual without probable cause, for purposes of sovereign immunity under the “discretionary function” doctrine of the Federal Tort Claims Act?
2. Whether this Court should resolve a split among the circuit courts of appeal as to whether a law enforcement officer’s pre-arrest consultation with a prosecutor, standing alone, entitles the officer to qualified immunity?
3. Given the federal agents’ testimony that there were not any “positive identifications” of Petitioners, contradictory to what the agents told the tribal prosecutor, whether this Court should remand pursuant to this Court’s recent holding in Tolan v. Cotton, — U.S. –, 134 S.Ct. 1861 (2014), to ensure that the Court of Appeals properly viewed all evidence in the light most favorable to the Petitioners?
Lower court materials here.
Ninth Circuit Rejects FTCA/Bivens Claims against Federal & Tribal Officers
Here is the unpublished opinion in Dupris v. McDonald.
An excerpt:
In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members of the federal Task Force that arrested them and the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680. The district court granted summary judgment for the defendants and Plaintiffs have appealed. We affirm, concluding that: (1) the Plaintiffs’ claims against two members of the Task Force are barred by the applicable statute of limitations; (2) the remaining individual defendants were entitled to qualified immunity; and (3) the United States is immune from liability under the FTCA pursuant to the discretionary function exception.
Briefs and lower court materials here.
Ninth Circuit Briefing in Dupris v. Procter (FTCA Claim against White Mountain Apache Officers)
Federal Court Dismisses FTCA Claim against White Mountain Apache and BIA Police Officers
Here are the materials in Dupris v. McDonald (D. Ariz.):
DCT Order Dismissing Dupris Complaint
BIA Motion to Dismiss Complaint
US Motion to Dismiss Complaint
Biven and Federal Tort Claims Act Claims against Tribal/BIA Cops Dismissed
…with leave to amend their complaint. The case is Dupris v. McDonald (D. Ariz.). The events occurred on the White Mountain Apache reservation. And the plaintiffs are accused of sexual assault.
Turtle Talk 