Federal Tort Claims Act – Page 5

The Court, therefore, finds that assisting, when requested, a local law enforcement agency in the enforcement or carrying out of the laws the agency enforces would be encompassed within the law enforcement services included in the Compact and the AFAs. The Court further finds that Eversole’s actions of responding to a Stroud officer’s request for assistance would be encompassed by the Compact and the AFAs.

US Prevails in FTCA Suit by Estate of Dr. James Redd

March 16, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in Estate of Redd v. United States (D. Utah):

53 US Motion for Summary J

59 Opposition

66 Reply

69 DCT Order

An excerpt:

This case arises out of the tragic suicide of Dr. James D. Redd the day after federal agents arrested him and his wife for theft of tribal property and trafficking in stolen artifacts. The Estate of Dr. James D. Redd, Jeanne Redd, Jay Redd, Jericca Redd, Javalan Redd, Jamaica Redd Lyman, and Jasmine Redd (“Plaintiffs”) brought several tort claims against the United States under the Federal Tort Claims Act (“FTCA”). On the United States’ (“Defendant”) prior motion to dismiss in 2012 (“Rule 12 Order”), the Court dismissed all of Plaintiffs’ claims except for its intentional infliction of emotional distress (“IIED”) and wrongful death claims based on the alleged use of excessive force against Dr. Redd.

In their Complaint, Plaintiffs alleged that Defendant dispatched over 100 heavily armed officers to execute the Redd warrants. Accepting as true Plaintiffs’ allegations, the Court found that the decision to use that amount of force was potentially [3] unreasonable and therefore nondiscretionary, falling outside the discretionary function exception of the FTCA. Now at the summary judgment stage, the record paints a different picture and supports the entry of judgment in favor of Defendant.

Related proceedings are here.