Ninth Circuit Rejects Wrongful Termination Claim against US involving Sauk-Suiattle

Here is the unpublished opinion in Dahlstrom v. United States.

Briefs:

Opening Brief

Answer Brief

Reply

Lower court materials here.

Tenth Circuit Issues Decision Favoring US in 2016 Dog Head Fire at Isleta Pueblo

Here is the opinion in Ohlsen v. United States.

Briefs:

Opening Brief

US Brief

Reply

An excerpt:

In the summer of 2016, a large fire, later known as the Dog Head Fire, engulfed Isleta Pueblo and United States Forest Service land in the Manzano Mountains of New Mexico. By the time it was extinguished, the fire had burned several thousand acres of land. The fire resulted from forest-thinning work performed by Pueblo crewmembers under an agreement with the Forest Service. The partnership to thin the forest arose after numerous fires had beset the surrounding areas.

Insurance companies and several owners of destroyed property (collectively, “Appellants”) sued the government, alleging negligence under the Federal Tort Claims Act (“FTCA”). Their negligence claims fell into two categories: the government’s own negligence arising from acts of Forest Service employees, and the government’s negligence arising from acts of the Pueblo crewmembers. The government moved to dismiss, arguing that the court lacked jurisdiction and, alternatively, for summary judgment on that same basis. The district court granted the government summary judgment. First, the court concluded that the Pueblo crewmembers had acted as independent contractors of the government, and thus, the government wasn’t subject to FTCA liability based on the Pueblo crewmembers’ negligence. Additionally, the court barred these claims under the FTCA’s administrative-exhaustion requirement. Second, the court barred Appellants’ claims premised on the Forest Service employees’ own negligence, under the FTCA’s discretionary-function exception.

On appeal, Appellants contend that the district court erred in ruling that the FTCA jurisdictionally barred their claims. We disagree. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Federal Court Holds Tribal Employee Not Covered by Kickapoo Tribe’s Insurance Policy in Auto Accident

Here are the materials in Dinger v. Wishenko (N.D. Ill.):

1-1 Garnishment Petition

52 Amended Counterclaim

58 Insurance Co. Motion for Summary Judgment

70 Wishenko Response

70-2 Order re Partial Settlement of Claim

74 Wishenko Motion for Summary Judgment

88 Insurance Co. Response

91 Wishenko Reply in Support of 74

108 DCT Order

Materials in the related Federal Tort Claims Act case, Dinger v. United States (D. Kan.):

1 FTCA Claim [docket no. 70-1 in N.D. Ill. case]

9 US Motion to Dismiss

10 Opposition

14 Reply

16 DCT Order

Federal Court Dismisses Suit by Former Crow Tribal Judges

Here are the materials in Not Afraid v. United States (D. Mont.):

4 Amended Complaint

4-6 Judicial Ethics Board Decision

14 US Motion to Dismiss

19 Tribe Motion to Dismiss

20 Response to 14

22 Response to 19

23 US Reply

25 Tribe Reply

26 Magistrate Report

31 DCT Order

Tenth Circuit Holds Feds Prevailed in FTCA Matter Involving S. Ute Police Action

Here is the unpublished opinion in Martinez v. United States.

Briefs:

Federal Answer Brief

Federal Supp. Brief re Discretionary Function

Opening Brief

Appellant Supp. Brief re Discrectionary Function

Reply

Federal Court Dismisses Suit against Flandreau Tribal Police Officers, FTCA Suit to Proceed [Updated]

Here are the materials in Ten Eyck v. United States (D.S.D.):

1 Complaint

9 Tribal Police Motion to Dismiss

17 Opposition

18 Reply

21 DCT Order

22 Plaintiffs’ Response to 21

23 Tribal Police Response to 21

26 DCT Order

Update (6.10.21):

57 Motion to Amend Complaint

65 Opposition

71 Reply

74 DCT Order Granting Motion to Amend