This is the third ruling in Black v. United States (W.D. Wash.):
53 Joint Tribal Motion to Dismiss
Claims against the tribes are dismissed. The court dismissed Kitsap County here. And the US here.
tribal police
Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers
Here is the petition in Dupris v. Proctor:
Questions presented:
1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether federal agents have “discretion” to arrest an individual without probable cause, for purposes of sovereign immunity under the “discretionary function” doctrine of the Federal Tort Claims Act?
2. Whether this Court should resolve a split among the circuit courts of appeal as to whether a law enforcement officer’s pre-arrest consultation with a prosecutor, standing alone, entitles the officer to qualified immunity?
3. Given the federal agents’ testimony that there were not any “positive identifications” of Petitioners, contradictory to what the agents told the tribal prosecutor, whether this Court should remand pursuant to this Court’s recent holding in Tolan v. Cotton, — U.S. –, 134 S.Ct. 1861 (2014), to ensure that the Court of Appeals properly viewed all evidence in the light most favorable to the Petitioners?
Lower court materials here.
Update in Black v. US — Tort Claims Related to Shooting by Tribal Police
Here are the updated materials in Black v. United States (W.D. Wash.):
46 Kitsap County Motion to Dismiss
53 Joint Tribal Motion to Dismiss
62 DCT Order Dismissing Kitsap County Sheriff’s Office
Only the tribal defendants remain in the case. Prior post on this matter here.
Ninth Circuit Rejects FTCA/Bivens Claims against Federal & Tribal Officers
Here is the unpublished opinion in Dupris v. McDonald.
An excerpt:
In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members of the federal Task Force that arrested them and the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680. The district court granted summary judgment for the defendants and Plaintiffs have appealed. We affirm, concluding that: (1) the Plaintiffs’ claims against two members of the Task Force are barred by the applicable statute of limitations; (2) the remaining individual defendants were entitled to qualified immunity; and (3) the United States is immune from liability under the FTCA pursuant to the discretionary function exception.
Briefs and lower court materials here.
Tribal Police Jurisdiction Decision from NY
It could be a bad law school exam–a tribal member is arrested by tribal police on land currently subject to an ongoing land claim and the state court finds no jurisdiction. Solve for X.
(X being the New York state statute the court incorrectly claims established the St. Regis police force. Which the court holds gives the tribal police jurisdiction only ON the reservation, not in the Triangle.)
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.
NYTs Video Report on Impact of Sequestration at Pine Ridge
Here.
Arizona SCT Petition for Review of Dismissal of Tort Claim against Gila River Indian Community — Updated 8-28-13
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.
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