Here are the materials in Gunville v. United States (D. S.D.):
Federal Tort Claims Act
Federal Court Issues Opinion on Scope of White Earth Tribal Police Authority as Federal Officers under FTCA
Here are the materials in Strei v. Blaine (D. Minn.):
61 MJ Order Granting Motion to Substitute Parties
112 DCT Order Affirming MJ Order
From the DCT Order:
Plaintiff Nathan Strei brings claims against five Defendants in this action, including tort claims against John McArthur and Merlin Deegan in both their official capacities as White Earth tribal police officers and their personal capacities. McArthur and Deegan moved to substitute the United States as the proper defendant for the common law tort claims brought against them, pursuant to the Federal Tort Claims Act (“FTCA”). The Magistrate Judge granted the motion for substitution, and Strei objects. The Court finds that the Magistrate Judge’s determination that McArthur and Deegan were acting within the scope of their employment as federal employees at the time of the events giving rise to Strei’s tort claims was neither erroneous nor contrary to law. Therefore, the Court will affirm the Magistrate Judge’s July 11, 2013 order.
Arizona Supreme Court Declines to Review Shirk v. Lancaster — ISDEAA Immunity Case Favoring Tribal Interests
Here:
Petition for review briefs here.
Arizona COA materials here and here.
Trial court materials here:
Federal Dismisses FTCA Claims against US in Shooting of Tribal Member by Tribal Police
Here are the materials so far in Black v. United States (W.D. Wash.):
23 Port Gamble S’Klallam Response
31 DCT Order Dismissing Complaint
Claims against Suquamish and Port Gamble S’Klallam Tribes and officers remain.
Ninth Circuit Affirms Dismissal of Tort Claim against Alaska City for Actions of Tribal Police
Here are the materials in M.J. v. United States:
City of Quinhagak Answer Brief
The court’s syllabus:
The panel affirmed the district court’s summary judgment in this diversity action seeking to hold the Alaskan city of Quinhagak liable for injuries caused by the negligence of Derrick Johnson, a Native Village of Kwinhagak tribal police officer.
The panel noted that under Alaska state law, an employee’s immunity from tort liability precludes an employer from being held vicariously liable for the employee’s negligence. The panel held that Johnson was immune from individual liability for plaintiffs’ tort claims, both under the Federal Tort Claims Act and the tribe’s sovereign immunity. Accordingly, because plaintiffs sought to hold the City vicariously liable on a non-delegable duty theory for the negligent conduct of an immune independent contractor, plaintiffs’ claims against the City failed.
Eighth Circuit Affirms Dismissal of FTCA Complaint Alleging Abuse of Indian Juvenile Detainee
Here are the materials in Runs After v. United States:
Lower court materials here.
Arizona SCT Petition for Review of Dismissal of Tort Claim against Gila River Indian Community — Updated 8-28-13
Opening Sixth Circuit Brief in FTCA Claim against US (Hannahville Indian Community)
Here is the opening brief in Rock v. United States:
We posted lower court materials on this very sad case here.
Arizona COA Decides ISDEAA Immunity Case in Favor of Tribal Interests
Here is today’s opinion in Shirk v. Lancaster:
An excerpt:
Loren Shirk seeks damages for allegedly negligent conduct by two Gila River Indian Community (“GRIC”) police officers. Because we conclude the trial court erred in granting Shirk’s motion to set aside the prior final judgment in favor of the officers, we reverse.
Briefs are here. Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.
FTCA Claim against US for Alleged Negligence of Hannahville Indian Community Employee Dismissed on Jurisdiction Grounds
Here are the materials in Rock v. United States (W.D. Mich.):
DCT Order Dismissing Rock Complaint
Federal Motion to Dismiss 1st Amended Complaint
Horrid story.
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