FTCA Claim Arising from Tule River Reservation Employee-Caused Accident Dismissed

Here are the materials in Manuel v. United States (E.D. Cal.):

11-1 US Motion to Dismiss

16 Manuel Opposition

21 US Reply

23 DCT Order

An excerpt:

In sum, Plaintiff fails to establish that the Tribe’s self-determination contracts authorized Hammond’s acts or omissions underlying Plaintiff’s negligence claim. Allender, 379 F. Supp. 2d at 1211. Defendant, however, has demonstrated that the Tribe’s self-determination contracts did not establish, fund, or contemplate Hammond’s position as Tribal community liaison. Plaintiff has also failed to allege facts showing that Hammond was carrying out any of the Tribe’s self-determination contracts. The Court therefore finds that Hammond is not an employee of the federal government under Section 314. Consequently, Defendant is not subject to liability under the FTCA for Hammond’s alleged negligence. Accordingly, the Court must dismiss Plaintiff’s complaint for lack of subject matter jurisdiction.

Fresno Bee Article on Intertribal Gaming Market Competition in California’s San Joaquin Valley

The Bee published “Valley Indian casinos in flux as tribes jockey for gambling dollars.”

New Yale University Press Book on The History of the Tule River Tribe (by Gelya Frank & Carole Goldberg)

Defying the Odds

The Tule River Tribe’s Struggle for Sovereignty in Three Centuries

  • Gelya Frank and Carole Goldberg

  • Mar 15, 2010
    432 p., 6 1/8 x 9 1/4
    40 b/w illus. + 15 maps
    ISBN: 9780300120165
    ISBN-10: 0300120168

An anthropologist and a legal scholar combine expertise in this innovative book, deploying the history of one California tribe—the Tule River Tribe—in a definitive study of indigenous sovereignty from earliest contact through the current Indian gaming era.

Gelya Frank is Professor of Occupational Science & Occupational Therapy and Anthropology at the University of Southern California and Director of the Tule River Tribal History Project. Carole Goldberg is the Jonathan D. Varat Professor of Law at the University of California, Los Angeles and Director of the Joint Degree Program in Law and American Indian Studies.