Federal Tort Claims Act

Chappabitty v. IHS Complaint and Press Release

Matthew L.M. Fletcher

Here:

FTCA Complaint

Order.Motion for Relief

Press Release 12.8.11

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

Matthew L.M. Fletcher

Here is the opinion and materials in Buxton v. United States (D. S.D.):

US Motion to Dismiss Buxton Complaint

Buxton Opposition

Buxton R&R

DCT Order Adopting Buxton R&R

Motion Briefs in Nonmember Challenge to Mooretown Rancheria Development

Matthew L.M. Fletcher

Here are the materials in Robinson v. United States (E.D. Cal.):

US Motion to Dismiss Robinson Complaint

Robinson Opposition

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

Matthew L.M. Fletcher2 Comments

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

Reply on Motion to Set Aside 02.18.11

Doc 43 – Order of Dismissal in FTCA Action 08.27.10

Colbert v. United States — FTCA Action against Feds and Navajo Employees in Florida

Matthew L.M. Fletcher

Here is the opinion:

Colbert v US

And here are the materials:

Colbert Motion for Summary J

 Budget Motion for Summary J

Martine & Navajo Motion for Summary J

USA Motion to Dismiss

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

Matthew L.M. Fletcher

Here are the materials so far in Tolliver v. United States (W.D. Wash.):

US Motion to Dismiss Tolliver Complaint

Tolliver Response

USA Reply to Tolliver Response

DCT Order on Tolliver Motion to Amend

Robinson v. U.S. — Easement Holder Challenge to Tribal Trust Lands Dismissed

Matthew L.M. Fletcher1 Comment

Here are the materials:

DCT Order Dismissing Robinson Complaint

USA Motion to Dismiss Robinson Complaint

Robinson Opposition

USA Reply to Robinson

This case is on remand from the Ninth Circuit (materials here).

US Must Defend under Federal Tort Claim Act Tribal Police Officer Torts

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher2 Comments

Here are the materials in Shirk v. United States (D. Ariz.):

Order Dismissing Shirk 08-27-10

US Motion to Dismiss Shirk Complaint

Shirk Opposition

US Reply in Support of Motion to Dismiss Shirk

Shirk Surreply

Incidentally, the opinion notes that the officers are immune from suit in state court, too.

Garcia v. United States: Cacophony in the Wedding Chapel

Matthew L.M. Fletcher

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.