Federal Tort Claims Act

Two Papers from Debora Threedy

Matthew L.M. Fletcher

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.

Ninth Circuit Decides QTA Case; Holds FTCA May Apply

Matthew L.M. Fletcher1 Comment

The Ninth Circuit recently decided Robinson v. United States (Robinson v US CA9 Opinion), where the court held that the Quiet Title Act does not foreclose litigation over an easement running across Indian trust lands.

Here are the materials:

Robinson Opening Brief

US Answering Brief

Robinson Reply Brief

Court Denies Motion to Dismiss in FTCA Claim against Tribal Police

Matthew L.M. Fletcher

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.

Government Motion to Dismiss

Russell Opposition

Government Reply Brief

DCT Order Denying Motion to Dismiss Russell Complaint

Sisseton Citizen Wins $500K Judgment against IHS

Matthew L.M. Fletcher1 Comment

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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.

DCT Order re FTCA Claims

US Motion to Dismiss

Garcia Response Brief

US Reply Brief

DCT Order re Individual Defendant

Boney v. Valline — Suit re: Police Liability under Self-Determination Act & FTCA

Matthew L.M. Fletcher3 Comments

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:

boney-first-amended-complaint

valline-motion-for-summary-judgment

boney-opposition-to-motion

valline-reply-brief

Bressi v. Ford Update — FTCA and Sovereign Immunity Case

Matthew L.M. Fletcher1 Comment

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.

ford-defendants-answering-brief

united-states-answering-brief

bressi-reply-brief

Seneca v. USET — Improper Influence Case

Matthew L.M. Fletcher2 Comments

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.

seneca-v-uset-ca11-opinion

seneca-brief

US Brief