Federal Tort Claims Act

Oklahoma Federal Court Lets Feds Off Hook for Cherokee Nation Police Actions

Matthew L.M. Fletcher

Here are the materials in Proctor v. United States (E.D. Okla.):

2 Complaint.PDFDownload
49 Plaintiffs MSJ.pdfDownload
53 Federal Response.pdfDownload
59 Federal MSJ.pdfDownload
62 Plaintiffs Reply.pdfDownload
63 Plaintiffs Response.pdfDownload
64 Federal Reply.pdfDownload
65 DCT Order.pdfDownload

Washington Federal Court Dismisses Wildfire Claims against BIA

Matthew L.M. Fletcher

Here are the materials in Townsend Ranch LLC v. United States (E.D. Wash.):

15 Second Amended Complaint.pdfDownload
26 US Motion to Dismiss.pdfDownload
31 Response.pdfDownload
34 Reply.pdfDownload
36 DCT Order.pdfDownload

Ninth Circuit Oral Argument in L.B. v. United States [sexual assault by tribal police]

Matthew L.M. Fletcher

Here:

Briefs are here.

US and Tribal Officials for Death of Red Lake Ojibwe Citizen in Tribal Jail

Matthew L.M. Fletcher

Here is the complaint in Johns v. United States (D. Minn.):

1 Complaint.pdfDownload

North Dakota Federal Court Dismisses Wrongful Death Suit against BIA Cops for Killing Innocent Tribal Citizen

Matthew L.M. Fletcher

Here are the materials in Martin v. Gorneau (D.N.D.):

1 Complaint

59 US Motion to Dismiss

66 Individual Defendants Motion to Dismiss

71 State Defendants Motion to Dismiss

76 Response

78 Individual Defendants Reply

79 State Reply

80 US Reply

89 Magistrate Report

90 Objection

91 Individual Defendants Response

92 US Response

93 State Reply

95 DCT Order

California Federal Court Declines to Order Feds to Defend Tribal Police Officer under Federal Tort Claims Act

Matthew L.M. Fletcher

Here are the materials so far Barrientoz v. Walker (E.D. Cal.):

1-1 State Court Complaint.pdfDownload
12-1 Walker Motion to Dismiss.pdfDownload
15 Barrientoz Response.pdfDownload
16 US Response.pdfDownload
17 Reply.pdfDownload
20 Magistrate Report.pdfDownload

Fort Peck Citizen Sues US over Damage to Vehicle

Matthew L.M. Fletcher

Here is the complaint in Azure v. United States (D. Mont.):

1 Complaint

Some people have leg day — TT has map day.

Ninth Circuit Briefs in L.B. v. United States [sexual assault by tribal police]

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload
Tribal Amicus Brief.pdfDownload
ACLU Amicus Brief.pdfDownload
Reply.pdfDownload

Other briefs TK.

Here are the federal district court materials:

134 US Motion.pdfDownload
138 L.B. Response.pdfDownload
141 Reply.pdfDownload
149 DCT Order.pdfDownload

Montana SCT decision here.

US Escapes Liability from Fatal Car Accident Caused by Oglala Sioux Corrections Officer

Matthew L.M. Fletcher

Here are the materials in Estate of Pretend Eagle v. United States (D.S.D.)

1 Complaint.pdfDownload
11 Motion to Dismiss.pdfDownload
20 Opposition.pdfDownload
23 Reply.pdfDownload
29 DCT Order.pdfDownload

Eighth Circuit Shows Against Why FTCA’s Discretionary Function Exception Should Be Canned

Matthew L.M. Fletcher

Here is the cursory, bloodless opinion in Mound v. United States.

Briefs here. Lower court materials here.

An excerpt:

In 2014, the Tribe identified a culvert—a structure that channels water under a road—as a potential maintenance project. In 2018, based on an engineering assessment, the Tribe decided to replace the culvert. Because its existing contract did not authorize funding for the project, the Tribe sought a new contract with the BIA. Before the new contract was finalized, heavy rains collapsed the culvert, leaving a large gap in the road. Four cars drove into the gap and plunged into the water. Trudy Peterson and James Vander Wal were swept downstream and died. Evan Thompson and Steven Willard suffered serious injuries.