Here are the materials in Robinson v. United States (E.D. Cal.):
US Motion to Dismiss Robinson Complaint
US Reply Brief in Support of Motion to Dismiss
This case has already been dismissed before, see here.
Federal Tort Claims Act
Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity
Apparently, plaintiffs in Arizona have begun to file tort cases that are not within the scope of the Federal Tort Claims Act against Indian tribes and tribal employees in state court on the theory that 25 USC sec. 450f(c) is a waiver of tribal sovereign immunity for claims that don’t fall within the FTCA.
Here are the materials in one such case:
Motion to Set Aside Judgment 12.22.10
Gila River Indian Community Amicus Brief 06-08-11
US Motion for Leave to File Amicus Brief 06.01.11
Amended Opposition to Motion to Set Aside 02.02.11
Colbert v. United States — FTCA Action against Feds and Navajo Employees in Florida
Here is the opinion:
And here are the materials:
Martine & Navajo Motion for Summary J
The case arises out of a car accident in Florida involving Navajo employees in Florida on business relating to the adoption of a Navajo member.
Accident Victims at Lower Elwha Sue US under Federal Tort Claims Act
Here are the materials so far in Tolliver v. United States (W.D. Wash.):
US Motion to Dismiss Tolliver Complaint
Robinson v. U.S. — Easement Holder Challenge to Tribal Trust Lands Dismissed
Here are the materials:
DCT Order Dismissing Robinson Complaint
USA Motion to Dismiss Robinson Complaint
This case is on remand from the Ninth Circuit (materials here).
US Must Defend under Federal Tort Claim Act Tribal Police Officer Torts
Here is the opinion in Garcia v. United States (D. Ariz.): Garcia v US
The court rejected the government’s motion for summary judgment, on grounds that the Navajo police officer (who struck a killed the plaintiff while driving under the influence) was working in the scope of work of a 638 contract.
U.S. Not Liable under FTCA for Off-Reservation Actions of Tribal Police
Here are the materials in Shirk v. United States (D. Ariz.):
Order Dismissing Shirk 08-27-10
US Motion to Dismiss Shirk Complaint
US Reply in Support of Motion to Dismiss Shirk
Incidentally, the opinion notes that the officers are immune from suit in state court, too.
Garcia v. United States: Cacophony in the Wedding Chapel
Here is the final opinion in Garcia, a Federal Tort Claims Act claim against an Isleta Pueblo tribal cop, who intervened to break up a fight at a wedding (or, in the words of the court, “Two Weddings and a Broken Jaw”): Garcia v. United States.
The court held after a two-day bench trial that the United States could be liable for the actions of an off-duty tribal cop under a 638 contract and the FTCA, but that the cop had not committed a tort.
FTCA Judgment Favoring Former BIA Criminal Investigator
Here is the opinion: Garvais v US
An excerpt:
The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe. As stated, those charges were ultimately dismissed pursuant to the finding of this court that the Spokane Tribal Court did not have jurisdiction over Mr. Garvais.
The court finds that Mr. Garvais and his family suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees. This emotional distress continued over a period of years, including Mr. Garvais having to seek habeas corpus relief in this court. The court finds that just compensation to Mr. Garvais is in the amount of $ 400,000 plus the sum of $ 13,102.66 billed by Mr. Weatherhead’s law firm Witherspoon, Davenport, & Toole.
Two Papers from Debora Threedy
Debora Threedy (Utah) has posted two papers on SSRN. The first is called “United States v. Hatahley: A Legal Archaeology Case Study in Law and Racial Conflict.” Here is the abstract:
In this case study, the author examines the ways in which race affects the progress and outcome of litigation under the Federal Tort Claims Act. The litigation is brought by individual Navajo plaintiffs against the federal government for the destruction of over a hundred horses and burros. The background conflict over access to public land is laid out, and then the article looks at the difficulty in assessing damages, the impact of the litigation on the underlying land claims, and the question of judicial bias.
The second is called “Claiming the Shields: Law, Anthropology, and the Role of Storytelling in a NAGPRA Repatriation Case Study,” and was published in the Journal of Land, Resources & Environmental Law. Here is the abstract:
This article is a case study of a repatriation dispute under the Native American Graves Protection and Repatriation Act (NAGPRA). The dispute arose when different tribal groups claimed a set of three leather shields held by the National Park Service. The article examines in depth the claims of the three groups, focusing on the disconnect between legal and anthropological determinations of cultural affiliation and using storytelling as a lens to evaluate the claims.
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