The district court for the District of South Dakota dismissed this claim of police brutality by Oglala Sioux Tribe officers against the United States under the Federal Tort Claims Act. Turns out, the officers were not cross-deputized by the Bureau of Indian Affairs and therefore not law enforcement officers under the Act. Here are the materials:
Federal Tort Claims Act
Serrano v. US (S.D. Fla.) — Dismissal of FTCA Claim Against US/Tribal Employee
This case appears to be about a fundamental misunderstanding of how the Federal Tort Claims Act applies to tribal employees, or not. Serrano argued that any tribal employee working for a tribe with a self-determination contract was covered. Not so.
Hinsley v. Standing Rock C.P.S. (CA8) — Federal Tort Claims Act
Apparently, persons covered by the Federal Tort Claims Act retain immunity from suit by exercising their “discretion” to place children with alleged child molesters without warning the parents. Hinsely v. Standing Rock Child Protective Services (CA8)
Here are the briefs:
Hon. J. Matthew Martin (Eastern Band Cherokee) on FTCA “Law of the Place”
Judge Martin of the Eastern Band Cherokee tribal court has published “Federal Malpractice in Indian Country and the ‘Law of the Place’: A Re-examination of Williams v. United States Under Existing Law of the Eastern Band of Cherokee Indians” in the Campbell Law Review.
Federal Tort Claims Act & Indian Self Determination Act — Necklace v. United States
Interesting case involving the federal government’s liability for a road maintenance accident in Indian Country. Here are the materials:
Turtle Talk 