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
Federal Tort Claims Act
Chappabitty v. IHS Complaint and Press Release
Here:
An excerpt from the press release:
On December 7, 2011, Edwin Chappabitty, Jr., MD, Lawton, Oklahoma, filed a Federal Tort Claims Act lawsuit for monetary damages in the United States Court for the Western District of Oklahoma alleging that officials of the United States Department of Health and Human, Indian Health Service, negligently failed to follow federal laws and regulations governing the conduct of investigations into alleged professional misconduct by physicians employed by the Indian Health Service. Dr. Chappabitty never expected to be accused of leveling racist statements to his patients on May 1, 2008 just four months from the end of his thirty year career in the federal service.
Chappabitty, Comanche/Ft. Sill Apache, retired from the IHS in August 2008 as a naval captain, having come to the service as an officer in the U.S. Public Health Service Commissioned Corps, a uniformed, non-military government agency under the purview of the U.S. Department of Health and Human Services.
Federal Court Dismisses FTCA Claim re: Oglala Tribal Jail
Here is the opinion and materials in Buxton v. United States (D. S.D.):
Motion Briefs in Nonmember Challenge to Mooretown Rancheria Development
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.
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.
You must be logged in to post a comment.