L. B., individually and on behalf of D.B., a minor, Plaintiff-Appellant, v. UNITED STATES OF AMERICA BUREAU OF INDIAN AFFAIRS DANA BULLCOMING (2022)

United States Court of Appeals, Ninth Circuit.

L. B., individually and on behalf of D.B., a minor, Plaintiff-Appellant, v. UNITED STATES OF AMERICA; BUREAU OF INDIAN AFFAIRS; DANA BULLCOMING, agent of the Bureau of Indian Affairs sued in his individual capacity, Defendants-Appellees.

No. 20-35514

Decided: September 23, 2022

Before: Mary H. Murguia, Chief Judge, and Danny J. Boggs * and Marsha S. Berzon, Circuit Judges.

Timothy M. Bechtold (argued), Bechtold Law Firm PLLC, Missoula, Montana; John Heenan, Heenan & Cook, Billings, Montana; for Plaintiff-Appellant. Timothy A. Tatarka (argued), Assistant United States Attorney; Kurt G. Alme, United States Attorney; United States Attorney's Office, Billings, Montana; for Defendants-Appellees.

ORDER

In light of the Montana Supreme Court's August 16, 2022, opinion in response to this Court's August 6, 2021, certification order, this case is reversed and remanded to the district court for further proceedings. See L.B. v. United States, 2022 MT 166, ¶ 26, ___ P.3d ___ (“The certified facts establish that Officer Bullcoming was not, as a matter of law, acting outside the scope of his employment when he sexually assaulted L.B. and the question is one for a trier of fact.”).

Appellee's motion for leave to file supplemental briefing is DENIED (Doc. 46).

A copy of this order shall serve as the mandate of this court.

REVERSED AND REMANDED.

Order

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