Federal Court Allows FTCA Claim Arising under 638 Contract to Proceed [Mississippi Choctaw]

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

1-complaint-5.pdf

16-us-mtd.pdf

18-us-mtd-tribe-cross-claims.pdf

24-tribe-response.pdf

28-plaintiff-joinder-to-tribe-response.pdf

30-us-reply.pdf

37-dct-order.pdf

Federal Court Denies Nooksack Police Chief’s Motion for FTCA Certification

Here are the materials in Tageant v. Ashby (W.D. Wash.):

21-0. 9-4-19 Declaration of Deborah Alexander

22-0 9-4-19 Second Declaration of Gabriel S. Galanda

23 9-5-19 Minute Order Denying Defendant Michael Ashby’s Motion to Certify Employment

24 9-5-19 Verbatim Report of Proceedings – Motion for Employment Certification

Prior post on this case here. The case was removed from state court, and now remanded back to Whatcom County Superior Court.

Federal Court Allows Former Tribal Health Employee’s Suit to Proceed against Feds

Here are the materials in Goss v. United States (D. Ariz.):

1 Complaint

17 Tribal Motion to Dismiss

21 US Motion to Dismiss

28 Response to 21

29 Response to 17

32 US Reply

33 Tribal Reply

34 DCT Order

Federal Court Allows FTCA Suit re: Navajo Nation Police Vehicle Accident to Proceed

Here are the materials in Stearney v. United States (D. Ariz.):

59 Amended Complaint

92 US Motion for Summary J

108 Response

118 Reply

119 DCT Order

Materials in Emm v. Yerington Paiute Tribe [med mal]

Here:

3 Magistrate Report

4 DCT Order

5 Pro Se Complaint

Ninth Circuit Briefs in Vera v. Bureau of Indian Affairs (FTCA Claim)

Here:

Vera opening brief

US answer brief

reply brief

oral argument video here.

Federal Court Dismisses FTCA Claim Arising from Hot Oil Burn at Indian School

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

20 Motion to Dismiss

28 Response

32 Reply

34 DCT Order

Federal Court Finds Sac and Fox Nation Police Officer Covered by FTCA

Here are the materials in Richie v. United States (W.D. Okla.):

12-motion-to-dismiss

16-response

19-reply

25-us-supplemental-brief

27-dct-order

An excerpt:

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

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.

Federal Tort Claims Act against Seminole Police

Here is the complaint in Perez v. Seminole Tribe of Florida (S.D. Fla.):

Complaint