Federal Tort Claims Act

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.

FTCA Suit Brought against Federal Bureau of Prisons for Death of Andrea Circle Bear

Matthew L.M. Fletcher

Here is the complaint in LeBeau v. United States (D.S.D.):

1 Complaint.pdfDownload

We posted news coverage here way back when. Ms. Circle Bear was the first federal prisoner to die of COVID in 2020. According to the complaint, she was 8 months pregnant in March 2020 when the government decided to transfer her to a prison in Texas, where she immediately contracted the virus. She gave birth while intubated.

Eighth Circuit Rejects Federal Tort Claim against US involving Rosebud Indian Health Clinic Employee Car Accident

Matthew L.M. Fletcher

Here is the opinion in Two Eagle v. United States.

The briefs:

Two Eagle Opening Brief.pdfDownload
US Answer Brief.pdfDownload
Reply.pdfDownload

South Dakota Federal Court Rejects Federal Effort to End Suit against Flandreau Santee Sioux Tribe

Matthew L.M. Fletcher

Here are the materials in Roeman v. United States (D.S.D.):

76 Second Amended Complaint.pdfDownload
84 Roeman MSJ.pdfDownload
97 US Motion to Dismiss.pdfDownload
99 US MSJ.pdfDownload
109 Response to Motion to Dismiss.pdfDownload
111 Response to US MSJ.pdfDownload
117 US Reply in Support of MTD.pdfDownload
119 US Reply in Support of MSJ.pdfDownload
126 Roeman Surreply.pdfDownload
142 DCT Order.pdfDownload

Eighth Circuit Briefs in Mound v. United States

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload

Lower court materials here.

New Mexico Federal Court Allows FTCA Claim over Navajo Irrigation Project Damage

Matthew L.M. Fletcher

Here are the materials (So far) in Navajo Agricultural Products Industries v. United States (D.N.M.):

1 Complaint.pdfDownload
4 US Motion to Dismiss.pdfDownload
8 Response.pdfDownload
9 Reply.pdfDownload
12 DCT Order.pdfDownload

North Dakota Federal Court Dismisses FTCA Claim arising from BIA Road Maintenance Negligence under “Discretionary Function Exception”

Matthew L.M. Fletcher
Federal (and tribal) discretion at work.

Here are the materials in Mound v. United States (D.N.D.):

1 Complaint

9 Federal Motion to Dismiss

19 Response

23 Reply

32 US Post Hearing Brief

33 Mound Post Hearing Brief

32-dct-order-motion-to-dismiss-1Download

Federal Court Certifies Interlocutory Appeal to Address “Law of the Place” Question under Federal Tort Claims Act Claim Brought at Acoma

Matthew L.M. Fletcher

Here are the materials so far in Ray v. United States (D.N.M.):

1 Complaint

35 Ray Motion for Summary J

37 Response

40 DCT Order

54 DCT Order re Certification of Appeal

Ninth Circuit Rejects Wrongful Termination Claim against US involving Sauk-Suiattle

Matthew L.M. Fletcher

Here is the unpublished opinion in Dahlstrom v. United States.

Briefs:

Opening Brief

Answer Brief

Reply

Lower court materials here.

Ninth Circuit Reluctantly Rejects FTCA Claim against IHS Doctor

Matthew L.M. Fletcher

Here is the opinion in Sisto v. United States.

Briefs:

appellant brief.pdfDownload
appellee brief.pdfDownload
reply.pdfDownload