Here are the materials in Russell v. United States (D. Ariz.), a claim against the United States under the Federal Tort Claims Act for actions by tribal police. The court denied the government’s motion to dismiss.
Federal Tort Claims Act
Sisseton Citizen Wins $500K Judgment against IHS
Here is the opinion and judgment in Owen v. United States (D. S.D.), a FTCA case — Owen v USA
Federal Court Allows FTCA Claim to Proceed against BIA Cops
Here is the opinion in Garvais v. United States (E.D. Cal.) — Garvais v USA DCT Order
An excerpt:
The United States has now moved for dismissal arguing that the court lacks subject matter jurisdiction over the claims of false imprisonment and malicious prosecution because the only factual basis for such claim were the acts of tribal police officers and the tribal prosecutor, who do not qualify as federal employees for purposes of the FTCA. In response to the motion, Plaintiff concedes that any claim based upon the conduct of the tribal officials could not proceed against the United States. Instead, Plaintiff argues that the United States has misconstrued the factual basis of his claim. Plaintiff argues his claims against the United States are based upon the conduct of the investigating BIA officer, Officer Little. There is no dispute that Officer Little qualifies as an “investigative or law enforcement officer[] of the United States” for purposes of 28 U.S.C § 2680(h). Accordingly, the court DENIES the United States’ Motion to Dismiss based upon lack of subject matter jurisdiction.
Necklace FTCA Judgment Against Feds — $150K
Here is the final memorandum and opinion — and verdict — in Necklace v. Aiken — Necklace v. Aiken Judgment.
Our previous posting on this case is here.
Federal Tort Claims Act Case re: Isleta Police Officer
Here are the opinions in Garcia v. USA and Garcia, out of the District of New Mexico, decided last March. Garcia the tribal cop/defendant allegedy assaulted Garcia the plaintiff at a wedding, and Garcia sued the United States under the Federal Tort Claims Act and the officer individually. The U.S. argued that Garcia had no claim under the Act, and the officer argued that there was no jurisdiction over him.
Boney v. Valline — Suit re: Police Liability under Self-Determination Act & FTCA
Here is the opinion in this case — boney-v-valline-dct-order — where the District of Nevada held that a tribal officer who employed deadly force was enforcing tribal law, and so could not be liable under the FTCA or the Self-Determination Act.
Here are the materials:
Bressi v. Ford Update — FTCA and Sovereign Immunity Case
Here are the briefs in Bressi v. Ford, a claim pending in the Ninth Circuit against Tohono O’odham Nation police officers.
The lower court opinion and the opening brief were posted earlier here.
Seneca v. USET — Improper Influence Case
The Eleventh Circuit held that Dean Seneca, a former employee of the Office of Tribal Affairs in the Agency for Toxic Substances and Disease Registry, failed to exhaust his administrative remedies under the FTCA before suing the US and USET. He was reprimanded after allegedly making improper communications with USET over the text of proposed Congressional testimony.
Federal Tort Claims Act Liability in CRIT Case? Maybe?
The District of Arizona federal court held that the US could be liable under the FTCA for decisions made by the Colorado River Indian Tribes social services department.
Here is the Andrade v. U.S. opinion.
Thanks to Tom Murphy for correcting my error!
Garreaux v. Jackson — Federal Tort Claims Act Case Dismissed — Substandard Housing
This case involved the alleged failure of the Cheyenne River Housing Authority to maintain, repair, and keep homes under the Mutual Help Program. According to the plaintiff, an elderly Indian woman, was forced to heat her home in the winter using her cooking stove. The district court dismissed the claim against the feds under the Federal Tort Claims Act.
Here are the materials:
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