United States Ninth Circuit

In this Federal Tort Claims Act (FTCA) action brought against the United States for a traffic accident involving two tribal police officers, plaintiffs allege negligence by the tribal officers and loss of consortium. Dismissal for lack of subject matter jurisdiction is vacated and the case is remanded, where: 1) for determining whether the United States is subject to potential tort liability pursuant to sovereign immunity waiver set out in the Indian Self-Determination and Education Assistance Act, there is a two step process; 2) in the first step, courts must determine whether the alleged activity is encompassed by the relevant federal contract or agreement; 3) in the second step, courts must determine whether the allegedly tortious action fell within the scope of the tortfeasor's employment under state law; and 4) if both steps were satisfied, the employee's actions are covered by the FTCA.

Appellate Information

• Decided 12/08/2014
• Published 12/08/2014

Judges

• O’Scannlain

Court

• United States Ninth Circuit

Counsel