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.
Federal Tort Claims Act
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:
Bob v. United States – Tort Claim Against Oglala Sioux Tribe Officers
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:
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:
